HomeMy WebLinkAboutR-98-0565J-98-600
6/9/98
RESOLUTION NO. 9 8 5 6 5
A RESOLUTION, 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 CITY
INDEPENDENT GROUP UNION, FOR THE PERIOD OF
OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 2000.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into a Collective Bargaining Agreement, in substantially
the attached form, between the City of Miami and the employee
organization known as the CITY INDEPENDENT GROUP UNION, for the
period of October 1, 1997 through September 30, 2000.
Section 2. This Resolution shall become effective upon
its adoption and signature of the Mayor or pursuant to
Section 4(g)(5) of the City Charter and Section 2-36 of the City
Code.
I -
ATTACHMENT (S)
CONTAINED
CITY COMMISSION
MEETING OF
J U N 0 9 1998
Resolution No.
98- 565
PASSED AND ADOPTED THIS 9th day of
June 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indi",ate approval of
this legislation by signing it in the designated place provided, said legislation ,nov.,
becomes effective with the elapse often (t «) dneto.
from the date of cmmissicn actic
regarding same, without the Ma or exer ' in
ATTEST:
Wal . Foeman, City Clerk
WALTER J. FOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
LINDA RICE CHAPTo
ASSISTANT"C�I3'Y EY
APPROVED ASiTOMAZ CORRECTNESS:
doc;mis :bss
2 98- 565
AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
CITY INDEPENDENT GROUP UNION
October 1, 1997 - September 30, 2000
98- 560
TABLE OF CONTENTS
ARTICLE PAGE
AGREEMENT............................................................ 1
APPENDIX A............................................................. 74
APPENDIXB............................................................. 75
APPENDIXC............................................................. 76
ABSENTEEISM & TARDINESS .............................. 17 25
ATTENDANCE AT MEETINGS/EMPLOYEE
UNION TIME POOL .................................................
9
14
BLOOD DONORS ......................................................
33
49
BULLETIN BOARDS ................................................
13
21
DEATH IN FAMILY ..................................................
32
48
DISCIPLINARY PROCEDURES ..............................
16
23
DUES CHECK OFF ...................................................
6
6
EARNED PERSONAL LEAVE .................................
29
44
ENTIRE AGREEMENT .............................................
40
66
FAMILY LEAVE AND LEAVE WITHOUT PAY .....
35
51
GRIEVANCE PROCEDURE .....................................
7
8
GROUP INSURANCE ...............................................
27
41
HOLIDAYS.................................................................
28
42
ILLNESS IN FAMILY ...............................................
31
48
INCARCERATED EMPLOYEES ..............................
36
53
JURYDUTY...............................................................
34
50
LABOR/MANAGEMENT COMMITTEE ..................
11
17
LAYOFF AND RECALL ............................................
19
28
LINE OF DUTY INJURIES ......................................
25
38
LOSS OF EMPLOYMENT ........................................
18
27
MANAGEMENT RIGHTS .........................................
4
4
NO DISCRIMINATION .............................................
14
22
NOSTRIKE................................................................
5
5
NOTICES...................................................................
8
13
OVERTIME/COMPENSATORY TIME/CALL-IN ....
21
31
PENSION...................................................................
43
69
PREAMBLE...............................................................
1
PREVAILING BENEFITS .........................................
39
65
PROBATIONARY PERIOD .......................................
15
22
PROVISIONS IN CONFLICT WITH LAW ..............
41
67
RECOGNITION.........................................................
1
1
REPRESENTATION OF THE UNION ....................
3
2
REPRESENTATION OF THE CITY ........................
2
1
SAFETY SHOES AND PERSONAL EQUIPMENT.
24
36
SHIFT DIFFERENTIAL ...........................................
23
36
SICKLEAVE..............................................................
30
45
11 98 - 565
ARTICLE PAGE
SPECIAL MEETINGS ............................................... 10 16
SUBSTANCE/ALCOHOL - PERSONNEL
SCREENING.............................................................. 38 55
TERM OF AGREEMENT .......................................... 44 71
TUITION REIMBURSEMENT ................................. 42 68
VACATION SCHEDULING/CARRYOVER.............. 22 33
VEHICULAR ACCIDENTS ....................................... 12 18
WAGES....................................................................... 20 29
WORK INCENTIVE PLAN ....................................... 37 54
WORKING OUT OF CLASSIFICATION ................. 26 40
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AGREEMENT
This Agreement, entered into this
day of 19_,
between the City of Miami (hereinafter referred to as the "City") and the City
Independent Group Union (hereinafter referred to as the "Union").
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:
Article 1
RECOGNITION
Section 1. The bargaining unit is as defined in the Certification issued by
the Florida Public Employees Relations Commission on September 29, 1997,
(Certification No. 1174, Case No. RC-97-026) which includes all the classifications
listed in APPENDIX A of this Agreement and excludes all classifications listed in
APPENDIX B of this Agreement.
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
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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.
Article 3
REPRESENTATION OF THE UNION
Section 1. The bargaining unit shall be represented by a person or persons
designated in writing to the Labor Relations Office by the Union President or
his/her designee. The identification of representatives shall be made by March 15th
each year. The person or persons designated by the Union President or his/her
designee, shall have 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
_2- 98 - 565
herein, regardless of their position or association with the Union, shall be deemed
non -authorized and shall have no weight or authority in committing or in any way
obligating the Union. The Union will notify the Office of Labor Relations in writing
of any changes of the designated Union representative.
Section 2. For the purpose of meeting with the City to negotiate a
collective bargaining agreement, the Union shall be represented by not more than
three (3) bargaining unit members and not more than one (1) non -employee Union
representatives. The employee representatives will be paid by the City for time
spent in negotiations, but only for the straight -time hours they would otherwise
have worked on their regular work schedule. For the purpose of computing
overtime, time spent in negotiations shall not be considered as hours worked. Shift
differential shall not be paid for time spent in negotiations.
Section 3. The Union President will be allowed to meet with bargaining
unit employees on City property during the one-half (1/2) hour prior to "work call"
on the condition that the Department Director or his/her designee is advised one (1)
working day prior to the proposed meeting. The Department Director or his/her
designee shall designate the place in the assembly room for said meeting. The
Union President shall not have access to the "work call" premises unless the
conditions set forth in this section are met. It is agreed by the parties the meetings
referred to herein will not carry over beyond "work call" unless specifically approved
by the Department Director or his/her designee, nor shall they interfere with
Management's right to direct the workforce.
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Article 4
MANAGEMENT RIGHTS
Section 1. The Union agrees that the City has and will continue to retain,
whether exercised or not, the sole right to operate and manage its affairs in all
respects; and the powers or authority which the City has not specifically abridged,
delegated or modified by the express provisions of this Agreement are retained by
the City. The rights of the City, through its management officials, shall include,
but shall not be limited to, the right to determine the organization of City
Government; to determine the purpose of each of its constituent departments; to
exercise control and discretion over the organization and efficiency of operations of
the City; to set standards for services to be offered to the public; to direct the
employees of the City, including the right to assign work and overtime; to hire,
examine, classify, promote, train or retrain, transfer, assign or reassign (daily or
weekly), and schedule employees in positions with the City; to suspend, demote,
discharge, or take other disciplinary action against employees for proper cause; to
increase, reduce, change, modify or alter the composition and size of the work force,
including the right to relieve employees from duties because of lack of work, funds,
or a material change in the duties or organization of a department; to determine the
location, methods, means, and personnel by which operations are to be conducted,
including the right to determine whether goods or services are to be provided or
purchased; to establish, modify, combine or abolish job classifications; to change or
eliminate existing methods, equipment or facilities; and to establish, implement
and maintain an effective internal security program.
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Section 2. The City has the sole authority to determine the purpose and
mission of the City, and to prepare and submit budgets to be adopted by the City
Commission.
Section 3. Those inherent managerial functions, prerogatives and policy -
making rights which the City has not expressly modified or restricted by a specific
provision of this Agreement are not in any way, directly or indirectly, subject to the
Grievance Procedure contained herein.
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.
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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 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.
Article 6
DUES CHECK OFF
Section 1. During the term of this Agreement, the City agrees to deduct
Union membership dues and uniform assessments, if any, in an amount established
by the Union and certified in writing by an accredited officer to the City from the
pay of those employees in the bargaining unit who individually make such request
98- 565
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 $200 to provide for the cost of dues check off. Such
payment shall be made annually and shall be received by the City no later than
October 1 of each year.
Section 4. In the event an employee's salary earnings within any pay
period, after deductions for withholding, Social Security, retirement, group health
insurance, and other priority deductions, are not sufficient to cover dues and any
uniform assessments, it will be the responsibility of the Union to collect its dues
and uniform assessment for that pay period directly from the employee.
Section 5. Deductions for Union dues and/or uniform assessment shall
continue until either: (1) revoked by the employee by providing the City and the
Union with 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
98- 55
cancellation request is mailed by the City to the Union]; (2) the termination of the
authorizing employee, or (3) the transfer, promotion, or demotion of the authorizing
employee out of the bargaining unit.
Section 6. The Union shall indemnify, defend and hold the City, its
officers, officials, agents and employees harmless against any claim, demand, suit
or liability (monetary or otherwise), and for all legal costs arising from any action
taken or not taken by the City, its officials, agents and employees in complying with
this Article. The Union shall promptly refund to the City any funds received in
accordance with this Article which are in excess of the amount of dues and/or
uniform assessments which the City has agreed to deduct.
Section 7. The Dues Check off Authorization Form provided by the City
shall be used by employees who wish to initiate dues deduction.
Article 7
GRIEVANCE PROCEDURE
Section 1. A grievance is defined as a dispute involving the interpretation
or application of the specific provisions of this Agreement, except as exclusions are
noted in other Articles of this Agreement.
Section 2. A grievance shall refer to the specific provision or provisions, of
this Agreement, alleged to have been violated. Any grievance not conforming to the
provisions of this paragraph, shall be denied and considered conclusively
abandoned.
Oral and written
reprimands/warnings/deficiencies
shall not
be
considered
grievable under this
Agreement or the Civil Service
Board.
The
grievance procedure set forth herein is only available to permanent employees.
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Section 3. Nothing in this Article or elsewhere in this Agreement shall be
construed to permit the Union to process a grievance (a) in behalf of any employee
without his/her consent, or (b) with respect to any matter which is the subject of a
grievance, appeal, administrative action before a governmental board, commission
or agency, or court proceeding, brought by an individual employee or group of
employees, or by the Union. The parties agree that any complaint specifically
regarding the interpretation or application of the Civil Service Rules and
Regulations is only reviewable under the procedure currently set forth in Rule 16,
Civil Service Rules and Regulations, and not under this Grievance Procedure.
A request for review of complaints under Civil Service Rule 16.2 may only be
made by employees with permanent status. Such reviews will be denied where the
request does not cite the specific Civil Service Rule which is the basis of the
complaint; where the issue is a matter subject to collective bargaining.
Section 4. It is further agreed by the Union that employees covered by this
Agreement shall make an exclusive election of remedy prior to filing a 2nd Step
Grievance or initiating action for redress in any other forum. Such choice of remedy
will be made in writing on the form to be supplied by the City. The election of
remedy form will indicate whether the aggrieved party or parties wish to utilize the
Grievance Procedure contained in this Agreement or process the grievance, appeal
or administrative action before a governmental board, commission, agency or court
proceeding. Selection of redress, other than through the Grievance Procedure
contained herein shall preclude the aggrieved party or parties from utilizing said
Grievance Procedure for adjustment of said grievance.
98- 565
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. Grievances shall be processed in accordance with the following
procedure:
Step 1.
The aggrieved employee shall discuss the grievance with his immediate
supervisor outside the bargaining unit within five (5) working days of the
occurrence which gave rise to the grievance. The Union representative shall
be given an opportunity to be present at any grievance meeting. Failure of
the Union representative to attend shall not preclude the meeting from
taking place. The immediate supervisor shall review the matter and shall
verbally respond to the employee within five (5) working days.
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.
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Step 2.
If the grievance has not been satisfactorily resolved at Step 1, the Union may
pursue the grievance by a written appeal to the Department Director within
five (5) working days from the time the Step 1 response was issued or due.,
(whichever occurs first). The Department Director shall meet with the Union
representative and shall respond in writing to the Union within five (5)
working days from receipt of the written grievance.
Step 3.
If the grievance has not been satisfactorily resolved at Step 2, the Union may
present a written appeal to the Labor Relations Officer within seven (7)
working days from the time the Step 2 response was issued or due,
(whichever occurs first). The Labor Relations Officer shall hold a grievance
hearing with the Union representative and shall respond in writing to the
Union within ten (10) working days from receipt of the grievance.
Step 4.
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
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).
Section 9. The arbitration shall be conducted under the rules set forth in
this Agreement and not under the rules of the American Arbitration Association.
Subject to the following, the arbitrator shall have jurisdiction and authority to
decide a grievance as defined in this Agreement. The arbitrator shall have no
authority to change, amend, add to, subtract from or otherwise alter or supplement
this Agreement or any part thereof or any amendment thereto. The arbitrator shall
have no authority to consider or rule upon any matter which is stated in this
Agreement not to be subject to arbitration or which is not a grievance as defined in
this Agreement, or which is not specifically covered by this Agreement; nor shall
this Collective Bargaining Agreement be construed by an 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.
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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.
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.
Article 8
NOTICES
Section 1. The City of Miami agrees to provide to the Union the following notices
or bulletins: City Commission Agenda, the Solid Waste Department Planning
Budget Estimate, the Solid Waste Budget presentation material given to the City
Commission, the Solid Waste final departmental budget, the City of Miami Budget
and revisions and any other notices, bulletins, or material which the City Manager
or his designee determines would affect the terms and conditions of employment of
the members of the Union. Such notices and estimates will be available for pickup
by a Union representative at the City of Miami's Labor Relations Office.
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Article 9
ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL
Section 1. Only one employee Union representative shall be allowed to
attend regular meetings and special meetings of the City Commission, the Civil
Service Board, the Affirmative Action Advisory Board and the Pension Plan Board
on City time. Time off for the employee Union representatives or any other
bargaining unit employee to attend other meetings will be in accordance with
Section 2 of this Article.
Section 2. A Union Time Pool is hereby authorized subject to the following:
A. Each fiscal year, the City agrees to provide a non -cumulative time pool
bank of 3,000 hours to be used in accordance with the provisions of this
Article. In return for the 3,000 hours non -cumulative time pool bank, any
and all hours heretofore banked are to be considered irrevocably
expended at the end of each fiscal year.
B. For each employee, except the employee Union representative, when on
full time release, who is authorized to use time from the Time Pool, the
Union representative shall fill out the appropriate form as provided by
the City. This form shall be signed by the Union representative and
forwarded to processed through channels of the employee who is to use
the pool time. The form must be processed so that a copy shall be in the
Office of the Department Director a minimum of seven (7) calendar days
prior to the time the employee desires such leave. A copy shall also be
forwarded to the Office of Labor Relations. It is understood on rare
occasions the seven (7) day time limit may not be met. The employee
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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:
"Employee Doe on AL" (Authorized Leave)
F. Any injury received or any accident incurred by an employee whose time
is being paid for by the Union Time Pool, or while engaged in activities
paid for by the Union Time Pool, shall not be considered a line -of -duty
injury, nor shall such injury or accident be considered to have been
incurred in the course and scope of his employment by the City of Miami
within the meaning of Chapter 440, Florida Statutes, as amended.
G. Upon written request to the Department Director, the employee Union
representative, or his/her designee, will be released for the term of this
Agreement from his or her regularly assigned duties for the City. The
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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 reasonably
be available through the Union office currently located at 2996 NW
62nd Street, Miami, Florida 33147 for consultation with the
Management of the City of Miami.
2. As provided in Section 1 of this Article, only the employee Union
Representative or a designee shall be released to attend meetings.
3. The Time Pool will be charged for all hours during which the
employee Union Representative is on off -duty release except that
absence due to use of vacation leave, compensatory leave, or sick
leave will be charged to the employee's leave accounts. Employees
conducting Union business or attending meetings shall not be
eligible for overtime or compensatory time.
Section 3. All applicable rules, regulations and orders shall apply to any
person released under the terms of this article. Violations of the above -mentioned
rules, regulations and orders may subject the employee to disciplinary actions.
Section 4. The City reserves the right to rescind the provisions of this
Article in the event any portion of this Article is found to be illegal. Canceling the
Article shall not preclude further negotiations of future employee pool time.
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
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written request shall state the nature of the matter to be discussed and the
reason(s) for requesting the meeting. Discussion shall be limited to matters set
forth in the request, but it is 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.
Article 11
LABOR/MANAGEMENT COMMITTEE
Section 1. There shall be a Departmental Labor/Management Committee
established in the Solid Waste Division of the City of Miami. Said Committee
membership shall include representatives from management and the bargaining
unit members.
Section 2. The Departmental Labor/Management Committee shall meet at
least once a month, and such meetings shall be scheduled during normal business
hours. The purpose of these meetings will be to discuss quality of work -life,
productivity, service, communication and objectives of mutual concern, not
involving matters which have been or are the subject of collective bargaining
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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.
Section 3. The Departmental Labor/Management Committee meetings
shall be conducted on a semiformal basis with the selection of a chairperson to be
determined by 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 each meeting and for the
distribution of copies to each member of the Committee, Union Business Manager
and the employee Union representative, the City's Labor Relations Officer, and the
City's Labor/Management Coordinator.
Article 12
VEHICULAR ACCIDENTS
Section 1. All bargaining unit employees of the Solid Waste Department
involved in vehicular type accidents will be governed by the guidelines below.
Section 2. Employees of the Solid Waste Department will be considered not
at fault when the other party or parties involved in the accident are given a citation
or summons or the Police Department's investigation concludes a vehicular accident
was not preventable on the part of the employee.
Section 3. Those employees operating motorized vehicles in the Solid
Waste Department shall have the required Florida Operator's License and/or
endorsements in their possession at all times. An employee whose operator's
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license and/or endorsements is revoked, suspended or restricted in any way by the
State of Florida shall notify his/her supervisor immediately.
An employee shall notify the Department of any revocation, suspension or
restriction and/or endorsement of an employee's operator's license. Should the
employee not have in his/her possession upon inquiry by the Department a valid
license or should the employee fail to notify the Department of the requirements as
stated in this section, he/she shall be disciplined up to and/or including dismissal.
Section 5. Accidents will be reviewed by the Union President or his/her
designee, and the Deputy Director or designee of the Solid Waste Division. Criteria
for the accident review will be frequency and severity of vehicular damage, property
damage or loss.
Section 6. Upon review of the accident, property damage or loss by the
Union President or his/her designee, and the Deputy Director or designee, the
employee operating the vehicle will receive one of the following at the discretion of
the Union President or his/her designee and the Deputy Director or designee:
A. No cause for action (to go to his/her personnel file)
B. Verbal reprimand
C. Loss of driving privileges
D. Suspension
E. Dismissal
Section 7. A loss of driving privileges for a first offense may be with or
without a reduction of pay at the discretion of the two person committee.
Section 8. In the event of a dispute concerning an accident between the
Union President or his/her designee and the Deputy Director, the dispute will be
referred to the Labor Relations Officer for settlement whose decision will be final
and binding on all parties involved. If the final decision results in suspension,
dismissal or permanent reduction in rank, the employee may appeal to the Civil
Service Board or may file a grievance pursuant to the labor contract.
Section 9. In recognition of the accident policy, those vehicle operators
who are classified as Waste Collection Operator I and II, and Waste Equipment
Operator and who are regularly scheduled to operate Department equipment shall
receive the face value of one hundred fifty dollar ($150.00) in savings bonds for each
annual period the driver is accident free by way of not causing an accident. The one
(1) year annual period for measurement will commence each October 1 and payment
will be made the first full pay period following November 18t of the next fiscal year
for the operators who were accident free.
Section 10. All vehicle operators as specified by Federal Law shall have
obtained the Federally required commercial driver's license and endorsements as
may be determined necessary by Management. Failure of an employee to possess
said license and endorsements shall result in the employee being placed into a non-
driver classification at the equivalent step in the salary range of the non -driver
classification with no change in anniversary date. Future opportunities of
promotion to a driver classification for the employee placed in a non -driver
classification shall be in accordance with Civil Service Rules and Regulations.
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Employees who do Liot have a commercial driver's license and required
endorsements shall not be eligible to work out of class in driver classifications.
Article 13
BULLETIN BOARDS
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 President or his/her designee. In the event any non -Union material is posted
on the bulletin board, it shall be promptly removed by a representative of the Union
or a representative of the City.
98- 565
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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.
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
-22- 98- 565
Labor Relations Officer whose decision shall be final and binding on the employee
and the Department.
Article 16
DISCIPLINARY PROCEDURES
Section 1. When an employee has reasonable grounds to conclude that his
participation in an investigatory interview will result in receipt of disciplinary
action, the employee may request that the Union President or a City employee be
present at the interview. The employee's representative shall confine his/her role in
the investigatory interview to advising the employee of his/her rights and assisting
in clarification of the facts. Upon request, the City will make a reasonable effort to
contact the employee's choice of representative, but shall not be obliged to delay the
interview for an unreasonable period of time if that individual is not readily
available and the interview shall proceed.
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 19 - 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.
98- 565
Mall
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. Upon receipt of written notice from management
of the specific charges, the employee shall be considered discharged or suspended as
specified in the written notification. Proof of service shall consist of either: a) hand
delivery to the employee, or b) certified mail delivery to the employee's last known
address on file with the Department of Solid Waste
Section 6. If an appeal of any discharge or other disciplinary action,
excluding oral or written reprimands, is filed with the Civil Service Board in
accordance with the Board Rules and Regulations, such appeal shall be an
automatic election of remedy and shall waive any right on the part of the employee
or the Union to file or process a grievance under the terms of this Agreement
protesting such discharge or other disciplinary action. Should an eligible employee
elect to grieve the discharge or other 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. Relative to
bargaining unit employees, the Union, its members, and agents acknowledge that
only those rights specifically cited in this Article shall apply to the imposition of
dismissals and suspensions or the resolution of objections to them.
Section 7. Employees who have not attained permanent status in the
classified service, or who are entrance probationary employees, may not grieve
disciplinary action under the provisions of this Agreement. Permanent classified
Civil Service employees who have been appointed to a promotional position but who
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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.
Article 17
ABSENTEEISM & TARDINESS
Section 1. The parties agree that employee absenteeism and/or tardiness
hinders the cost efficient delivery of service by the department and creates a
hardship for both management and members of the bargaining unit. The Union will
urge its members to reduce absenteeism, but the Union does not accept
responsibility for implementing or administering the disciplinary program set forth
in Section 3 of this Article.
Section 2. Definitions:
Instance — An absence from work in duration of one or more consecutive
work days for reasons of non -job related illness or injury, family
illness and/or absence without leave authorized at least one
work day in advance.
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A physician ordered absence because of the employee's
injury or acute illness or his attending to serious injury or acute
illness of any actual member of the employee's household shall
not be counted as an instance of absence. Management in its
sole discretion may require a Doctor's statement from the
employee verifying same. Failure to provide the Doctor's
verification within three (3) working days shall cause the
absence to be counted as an instance. The submitted doctor's
statement shall verify the nature of diagnosis and the duration
of time the physician feels the illness disabled the employee
from performing his/her work.
Tardiness — Reporting for work in excess of fifteen (15) minutes beyond the
scheduled starting time of the shift. Employees who are tardy to
work will be carried unauthorized leave without pay in fifteen
(15) minute increments.
Annual Period — A twelve (12) month period beginning with the occurrence of
the employee's first instance.
Section 3. Employees shall be disciplined for absences and tardiness in
accordance with the following schedule:
Number of Instances Discipline
3rd instance in annual period Written reprimand
4th instance in annual period Written reprimand
5th instance in annual period Three (3) work day suspension w/o pay
-26- 98- 5�05
6th instance in annual period One work week suspension w/o pay
Th instance in annual period Dismissal
Section 4. Exceptions to the above schedules may be granted by the City
Manager and the Labor Relations Officer, if, in their sole discretion, individual
circumstances warrant such action
Article 18
LOSS OF EMPLOYMENT
Section 1. Employees shall lose their seniority and their employment shall
be terminated for the following reasons:
1. Discharge if not reversed.
2. Resignation.
3. Abandonment of position. An employee absent for three (3)
consecutive work days without notification by that employee
personally of reason acceptable to the City may be considered as
having resigned unless the employee has a legitimate acceptable
reason for not notifying the City of his/her absence. A resignation
under this article shall be appealable only through the grievance
procedure. On the second day an employee is absent "W" (without
pay), the City shall notify the employee Union representative of the
employee's absence.
4. Unexcused failure to return to work when recalled from layoff.
5. Unexcused failure to return to work after expiration of a formal
leave of absence.
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6. Retirement.
7. Layoff for a continuous period of twenty-four (24) months.
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 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.
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Section 5. For the term of this Agreement, should the City determine it
requires additional personnel in the Solid Waste Department, personnel on layoff
will be given an opportunity to fill a position in the Solid Waste Department in
accordance with the Civil 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.
Article 20
WAGES
Section 1. The Union agrees with the City that there is a need to address
the operational methods of the Solid Waste Department which may require a
reorganization of the Solid Waste Department. The reorganizational changes will
require implementation of manning and operational changes in order to increase
the efficiency of the department and reduce costs of the Solid Waste Department.
The Union, its officers, agents, and members pledge their support in the
implementation of any operational changes or reorganizational program developed.
In recognition of the Union and it's members' support of operational or
reorganizational changes the City may implement (including partial privatization),
the City agrees not to lay-off any bargaining unit employees prior to August 31,
2000, and the Union hereby waives all requirements of approval, and notice of such
changes including impact bargaining, except as indicated below. Should the City
decide to issue an RFP to fully privatize the Solid Waste Department, effective
September 1, 2000, or upon expiration of the labor agreement, the Union hereby
-29- 9 8 - 5 ' 5
waives all requirements of approval, and notice including impact bargaining, except
as indicated below. The City further agrees that in the event an RFP is issued for
privatization, the City will give the Union a minimum of ninety days notice
between the date of the issuance of the RFP and its implementation and, the RFP
will require all bargaining unit employees to be hired by the successful bidder for a
period of one year. The City further agrees to protect the level of vested retirement
benefits should the City elect to privatize the Solid Waste Department. Nothing in
this article shall prevent termination of a bargaining unit employee for cause or as
otherwise provided in this Agreement. Layoff occur as a result of reorganization,
layoff will be in accordance with Article 19.
Section 2. The City agrees to pay to all active classified bargaining unit
employees in accordance with the following schedule, with each adjustment to be
effective on the first day of the first full pay period following the date indicated:
October 1, 1997-------------- 0% across-the-board
January 1, 1999 ------------- 2% across-the-board
January 1, 2000------------- 2% across-the-board
Section 3. Effective May 5, 1994, active bargaining unit members who
retire (excluding vesting) shall receive a retroactive salary increase of five percent
(5%) for the employee's last or highest one (1) year's salary upon retirement.
The five percent (5%) salary increase shall not be reflected in the hourly pay
rate for the purpose of calculating leave balance payoffs. The five percent (5%)
salary increase shall not be applicable to overtime.
-30- 9 8- 565
Section 4. All changes in salary for reasons of promotion, demotion, merit
increase, anniversary increase, longevity increase or working out of classification
shall be effective the first day of the payroll period following the effective date of the
change. Leaves of absences without pay or suspension of any duration shall delay
anniversary increases by the period of time involved.
Section 5. Employees shall become eligible for longevity increases based
upon their most recent date of hire into the classified service; provided, however,
that when the employee is not in a full pay status, it shall cause the effective date of
the increase to be deferred by the same number of calendar days embraced by said
period of time. This provision shall apply to employees who attain ten (10), fifteen
(15) or twenty (20) years of continuous classified service.
Section 6. Any bargaining unit employee, upon normal retirement from
City service, or separating under honorable conditions, who has served for a period
of twenty-five (25) years or more, shall be granted, at the time of his/her normal
retirement or honorable separation one hundred seventy-three and three tenths
(173.3) hours of pay.
Article 21
OVERTIME/COMPENSATORY TIME/CALL-IN
Section 1. All authorized hours actually worked in excess of an employee's
forty (40) hour work week shall be considered overtime work. All paid leave time
except for actual hours worked shall not be credited as time worked for purposes of
determining overtime under this article. Where this Agreement provides that
employees involved in Union representation or labor-management activities are to
-31- 98 - 5"5
be paid for such time by the Time Pool or the City, such hours shall not be deemed
as hours worked in determining overtime eligibility. Such payments shall be at the
employee's straight time rate of pay, and shall only be applicable to authorized
activities that occur during the employee's forty (40) hour work week.
Section 2. Employees performing earned overtime work 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 such work.
This overtime rate shall be all inclusive and no additional compensation in the form
of hourly differential, etc., shall be paid.
Section 3. The maximum accumulation of compensatory time hours is two
hundred (200) hours. If an employee takes compensatory time off, the hours in his
bank would be appropriately reduced by such time off. If an employee leaves the
service of the City and cashes in his bank, the hours therein shall be valuated on
the basis of the rate of pay earned by that employee during the last pay period of
the fiscal year in which the hours were banked.
Section 4. The parties agree that overtime hours shall not be used in the
computation of arriving at average earnings for purposes of establishing pension
benefits.
Section 5. The parties agree that assignments of overtime work shall rest
solely with the Department Head or his designee. Management will attempt to
rotate overtime to eligible persons within their respective classifications. A
voluntary sign up list will be posted for bargaining unit members to sign up for
overtime. Management, by utilizing volunteers, does not waive its rights to require
-32- 9 S- 5 b 5
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.
Article 22
VACATION SCHEDULING/CARRYOVER
Section 1. Vacation Scheduling - The Department Director shall establish
a vacation schedule based on a payroll year and shall post it by November 1 of the
preceding year. The schedule shall establish the number of personnel, by
classification, who may take vacation leave at any one time. By November 30th of
the year preceding the vacation year, each employee will select a vacation period in
accordance with the Department Vacation Selection Procedure. Vacation shall be
taken by the last payroll period of the calendar year in which the vacation was
credited. Said Vacation Selection Procedure will be developed by Management (in
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consultation with the Union) and will include but not be limited to the following
elements:
A. Vacation selection by seniority in classification.
B. Assignment of an employee number to all employees within each
classification with the number one (1) being the senior person in each
classification.
C. Provision of time frames during working hours in which employees will
be directed to select their vacation.
By the last payroll period of each calendar year, each employee shall be
granted a vacation period subject to the provisions of this Article. Vacation time
periods shall be granted on the basis of the employee's classification seniority.
Employees shall not be permitted to exchange seniority rights in the selection of
vacation periods. However, subsequent to the last payroll period of each calendar
year, employees may exchange vacation periods within their classification subject to
the Department Director's approval. Such approval shall not be unreasonably
withheld. Where an employee does not submit a vacation preference as required
above, the Department Director will assign a mandatory vacation period equal to
the employee's current accrual rate not withstanding any carryover time up to 150
hours. During the vacation year, employees may use additional vacation leave at
the discretion of the Department Director.
Section 2. Employees shall only be allowed to carryover 150 hours of the
previous year's credited vacation. Any excess vacation over the 150 hour automatic
carryover shall be forfeited as of the last payroll period of the calendar year in
-34- 9 5
which the vacation was credited. Employees who have been carried on full
disability the entire previous year shall be paid for all excess vacation over 150
hours at the rate of pay the employee was earning at the time the employee was
placed on full disability. If an employee is unable to take a previously authorized
vacation due to cancellation by his/her Department, any hours in excess of the 150
hours which would have been forfeited shall be paid for at the employee's current
rate of pay or shall have the option of rescheduling the previously canceled vacation
within the vacation year the vacation was canceled. If the canceled vacation is not
requested to be rescheduled, the vacation time shall be paid off as outlined above.
Section 3. Effective January 1, 1999, all bargaining unit employees shall
accrue vacation at the same rate. Vacation accrual shall be based on the current
vacation schedule of bargaining unit employees on an 8 hour work day. Permanent
classified civil service employees after completion of eleven (11) years of service
shall be granted four (4) hours of vacation annually. Other than regularly
scheduled vacation, requests for additional vacation leave must be requested
twenty-four (24) hours in advance of use and shall be taken in increments of not
less than one (1) hour. Vacation leave may be granted by the Department Director
or designee on an emergency basis. Should such request be denied, the employee
may only appeal such denial to the City Manager or his/her designee. Except for
where otherwise provided in this labor agreement vacation leave may not be used
for illness. Upon an employee's retirement or separation from City service, the
employee will be paid for those vacation hours credited and earned through the
employee's separation date.
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�8- 565
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 5. In those instances where an employee requests payment of
vacation hours as a result of an emergency situation, such requests will only be
considered upon submission of backup documentation. Approval for such payment
will rest solely with the Labor Relations Officer or a designee of the City Manager.
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.
Article 24
SAFETY SHOES AND PERSONAL EQUIPMENT
Section 1. Bargaining unit employees in those classifications determined
by Management to require the wearing of safety shoes will be provided up to $58.00
for the purchase of an initial pair of safety shoes.
-36- 98 - 565
Section 2. When, due to wear and tear or accidental destruction, a
replacement pair of shoes is required, the City will grant up to an additional $58.00
for the purchase of another pair of safety shoes. This additional $58.00 shall only
be provided when the worn out or damaged pair is turned in to the Department.
The Department Director, or his designee, shall provide the replacement of
authorized safety shoes on the basis of need and not on an automatic basis. The
shoe allowance authorized by this Article shall only be paid where an employee
purchases a pair of safety shoes whose quality is certified as acceptable by
Management. Employees shall be advised of shoe models which conform to City
standards.
Section 3. City furnished equipment which is authorized and requested
will be replaced when worn out or damaged only if the employee returns the worn
out or damaged equipment to the Department. This includes tote barrels, gloves,
boots, foul weather gear, and protective eye glasses.
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
9 8 - 565'
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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.
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.
Article 25
LINE OF DUTY INJURIES
Section 1. The City agrees to pay those medical and hospital expenses as
required by Worker's Compensation Laws of the State of Florida incurred by an
employee covered by this Agreement who is found to have sustained a compensable
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line -of -duty injury as provided for by the Worker's Compensation Laws of the State
of Florida.
Section 2. The City agrees that any employee covered under this
Agreement who is injured as a result of a workplace (line of duty) accident, shall be
granted supplementary salary in an amount which together with workers'
compensation benefits would equal seventy percent (70%) of the employee's weekly
base salary, excluding overtime and any pay supplements not included in the
employee's base salary, prior to the workplace injury. However, no supplementary
salary will be paid to anyone injured while performing an act intended to injure or
hurt oneself or another.
Section 3. In the event an employee desires a representative of the Union
to be present to discuss a controversy with representatives of the Claims Division of
the City of Miami, the Union representative shall be allowed the time off in
accordance with ARTICLE 9 - SECTION 2.
Section 4. When an employee on disability leave is judged by a City
designated physician to have reached maximum medical improvement, then that
employee shall have his seniority and anniversary dates advanced one day for each
day he is in a disability leave status. Nor shall such employee accrue sick leave,
vacation, holiday benefits, or be eligible for receipt of any pay increases until he has
returned to his regular assignment.
Section 5. Nothing in this Agreement shall be construed as a waiver of the
City's rights or employee's rights under applicable State law.
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Article 26
WORKING OUT OF CLASSIFICATION
Section 1. The Department Director, or his/her designee may direct an
employee to serve in a vacant classification which is above the classification to
which the employee is permanently assigned. Higher classification assignments
shall be made from a pool of eligible employees, whenever possible.
Section 2. To be considered for eligibility to work an acting assignment in a
particular bargaining unit classification, an employee must have successfully
completed the Department's basic training course for the classification to which the
employee will be assigned, possess the federally required commercial drivers'
license (CDL) and any required enhancements and have satisfactorily demonstrated
acceptable work habits and job performance.
The Department Training Program shall be consistent with the provisions of
any Consent Decree which is in effect.
Section 3. Once an employee has been determined to meet the criteria for
working out of class as specified in this Article, the employee shall be assigned to
the higher classification based on seniority of classified service with the City for the
period of time determined by Management.
In order for an employee to receive working out of class pay, the employee
must have been temporarily assigned to the particular classification for the period
of time as set forth below:
Waste Collector Operator I
- 35 work days
Waste Collector Operator II (Garbage) -
35 work days
-40-
9 8 - 565
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.
Article 27
GROUP INSURANCE
Section 1. The City agrees to pay 100% of the cost to provide the City's
current life insurance and accidental death and dismemberment coverage of
$15,000 provided for employees.
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
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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.
Section 3. Effective October 1, 1998, group health premiums will be paid
by the bargaining unit employee with pretax dollars. Bargaining unit employee's
biweekly contributions toward single employee health coverage, including dental
and vision, will be $14.07 biweekly. The bargaining unit employee's biweekly
contributions toward family health coverage, including dental and vision, shall be
$60.79.
Section 5. The HMO rates may be adjusted annually upon the City
receiving such notice from the HMO provider. Any increases or decreases in the
cost of the City's HMO health plan shall be shared on a percentage basis such that
the employee pays 20% of the full premium for single coverage and 30% of the full
premium for family coverage.
Article 28
HOLIDAYS
Section 1. The following days shall be considered holidays:
New Year's Day Columbus Day
Washington's Birthday Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Friday after Thanksgiving
Labor Day Christmas Day
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Dr. Martin Luther King, Jr.'s Birthday
Section 2. Any additional holidays declared by official resolution of the
City Commission shall be added to the above list.
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.
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.
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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.
Article 29
EARNED PERSONAL LEAVE
Section 1. It is agreed by the parties that eligible members of the
bargaining unit who have successfully completed ninety (90) working days shall be
entitled to certain hours of earned personal leave time off each calendar year. All
eligible bargaining unit employees will be entitled to twelve (12) hours of earned
personal leave time.
Section 2. The earned personal leave hours shall be mutually agreed upon
by the employee and his immediate supervisor outside of the bargaining unit
consistent with 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
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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.
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 January 1, 1999, permanent bargaining unit
employees may be allowed to accrue up to eight (8) hours per month provided that
the employee is in pay status at least one hundred twenty (120) hours per month.
Charge for use of ill time shall be, in one (1) hour increments.
Section 3. Employees in probationary status will accrue sick leave in
accordance with 30.2. However, no sick leave with pay shall be granted during the
employee's first 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
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beginning of the employee's daily duties. It shall be the employee's responsibility to
notify the department each day the employee will be out ill within the time frames
attained above.
Section 5. Any employee absent on sick leave for more than three (3)
consecutive work days must check with the City Physician for approval before
returning to work.
Section 6. Employees covered by this Agreement who are hired prior to
October 1, 1984, shall be paid for all unused sick leave upon retirement up to a
maximum of six hundred (600) hours provided, however, employees who as of
December 31, 1982, had 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. Not withstanding Section 6 above, all full time bargaining unit
employees hired on or after October 1, 1984, shall accrue sick leave at the rate of
eighty (80) hours per year. Upon normal service retirement, any employee hired on
or after October 1, 1984, shall be paid for all accumulated sick leave in excess of
four hundred (400) hours not to exceed total accumulated sick leave of one thousand
(1,000) hours. Sick leave shall be cashed out at the following rates:
More than 7, but less than 10 years of service 25%
More than 10, but less than 15 years of service 50%
More than 15, but less than 20 years of service 75%
More than 20 years of service 100%
Section 8. Effective January 1, 2000, employees who have accumulated
sick leave credits in excess of four hundred eighty (480) hours of sick leave, in
accordance with Section 2 of this Article shall as of January 1 of each year have
one-half of the excess sick leave earned the previous year credited to their leave
bank. The remaining excess leave shall be paid off at the rate of one hundred
($100) dollars per day (not to exceed $600) and shall not be credited to the
employee's vacation leave bank.
Section 9. Pay off for accumulated sick leave shall not be used to calculate
average earnings for Pension purposes.
Section 10. An employee who is terminated or who opts for resignation after
being informed of the Department's intent to terminate the employee shall not
receive compensation for unused sick leave upon separation from service or
retirement. Sick leave conversion shall not occur upon an employee's separation or
retirement from the City.
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) dollar sick leave cash bonus if at least one hundred
(100) bargaining unit employees have not utilized sick leave, been in any without
pay status or disability status during any payroll calendar year. Sick leave
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incentive cash bonuses shall be subject to applicable federal taxes, but shall not be
included for calculating pension.
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.
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 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
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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 Personnel Management Department. Failure to produce
the death certificate will result in the employee reimbursing the City for any days
taken under this Article. Any employee found to have falsified his application for a
"IC' day will be dismissed.
Section 2. It is understood that under certain circumstances the employee
will be unable to obtain a death certificate. In this event, in lieu of a death
certificate, the employee shall submit a newspaper account showing the death and
relationship of the deceased to the employee and/or other appropriate criteria, e.g.
funeral home program, as deemed appropriate by the Office of Labor Relations.
Article 33
BLOOD DONORS
Section 1. Employees who volunteer as blood donors to contribute to an on -
site City supported Blood Donor Organization will be authorized the paid absence
necessary to accomplish this purpose. The Blood Donor Organization's personnel
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will determine what amount of time the donor will need from the point of donation
till the time he is released to go back to work.
Article 34
JURY DUTY
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 forty dollars ($40) per 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.
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Any changes by the Courts in the above fees shall be reflected in the
employee's paycheck as they occur.
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 City through course work directly related to the
employee's job, for a period not to exceed six (6) months. The request for leave
without pay may be extended for 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.
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Acceptable Reason: A leave without pay may be granted for an acceptable
reason other than specified herein, for a period not to exceed ninety (90) days.
Approval for said leave of absence without pay is at the sole discretion of the City
Manager or his/her designee and shall not be appealable to the Civil Service Board
or the grievance procedure.
Section 3. Bargaining unit employees who desire to take a leave without
pay for any reason specified in this Article (excluding serious health condition) must
use all vacation and earned personal leave prior to taking a leave without pay. A
request for leave without pay for a serious health condition as provided under the
Family and Medical Leave Act shall require the bargaining unit employee to use all
sick, vacation and earned 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. 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.
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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.
Article 36
INCARCERATED EMPLOYEES
Section 1. The following procedures shall apply to employees who have
been arrested and/or incarcerated.
1) When Management is made aware of a permanent employee's
incarceration, the department will contact the arresting agency for
verification of the arrest record.
2) If the incarceration occurs during the permanent employee's
scheduled work shift, the employee may request the use of his or
her available vacation time, compensatory time or earned personal
leave time, not to exceed twenty-five (25) calendar days. If the
employee has not presented himself/herself ready for work in
twenty-five (25) calendar days, the employee will be presumed to
have resigned.
3) Should the arrest of the employee be of so severe a crime or heinous
in nature, Management, after consultation with the Union
President, employee Union representative or his/her designee may
suspend the employee without pay until adjudication of the case.
4) If the employee wins his or her case, Management is not precluded
from reinstating the employee or taking administrative action
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arising out of the arrest and trial consistent with applicable rules
and regulations.
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.
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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.
Trash 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) 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.
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
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(EBT) shall be utilized solely for testing alcohol content) shall be administered as
provided herein:
A. As a part of a scheduled physical examination.
B. Following any vehicular accident involving a City vehicle occurring on -
duty, while operating City owned equipment, while on City premises,
while 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 on an
off -duty job or traveling to or from same involving employee(s).
C. Where a management representative above the classification of
Sanitation Supervisor has a reasonable belief based upon objective
factors that the employee(s) has possession or is using, dispensing or
selling any illegal drug or controlled substance not prescribed by a
licensed physician.
D. Where a management representative above the classification of
Sanitation Supervisor has a reasonable belief that the employee is under
the influence of alcohol on -duty.
E. Randomly based on a pool of all employees.
Section 2. All positive tests for a controlled substance will be confirmed by
Gas Chromatography/Mass Spectrometry (G.C.M.S.) or better testing. When a
sample is taken under any of the above circumstances, a portion of the initial
sample shall be retained for a second test within 24 hours should either
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98- 565
management or the employee request same. Testing procedures shall be under a
reliable state licensed clinical laboratory.
Section 3. Employees shall give a urine sample (EBT for testing alcohol
content) at either a hospital or State accredited testing lab as chosen by the City.
Tests by a laboratory other than a laboratory selected by the City, as provided in
this article shall be the only evidence permitted in any arbitration hearing.
Section 4. Management will notify the Union either by telephone or
facsimile when an employee is to be tested.
Section 5. If a drug tested employee wishes a second testing of the original
sample taken, the following procedures will apply:
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 will select a second drug testing laboratory to test the
remainder of the original sample.
C. A record of the chain of custody of the sample will be kept during
transfer of the sample to the second lab. Such chain of custody will be
developed by management in consultation with the two labs.
D. NADA rules and regulations with the exception of the levels provided for
in this Agreement will apply to the tests conducted by the first and
second laboratories. All second testing calibration and lab protocol
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practiced by the first lab will be followed by the second lab including cut
off scores in the labor agreement.
E. All costs arising out of the request for the second test will be paid by the
employee requesting same. Such payment if necessary may be deducted
from a dismissed employee's last paycheck.
Section 6. If an employee is ordered back to duty for testing, the provisions
of Article 21 Overtime/Compensatory Time/Call-In will apply.
Section 7. Where a bargaining unit member alleges that an order made
under this Article is not consistent with the criteria cited herein, he shall comply
with the order, and may simultaneously file a protest with the communicator of the
order. Disputes arising out of such orders that results in discipline shall be
arbitrable under Article 7 Grievance Procedure of this Agreement.
Section 8. Disputes arising out of reasonable belief shall be arbitrable
under the Expedited Arbitration Rules of the American Arbitration Association.
Section 9. The employee(s) shall not be disciplined until a positive test
result is communicated to the City. However, if the employee's conduct in
connection with the substance/alcohol abuse amounts to conduct for which the City
may otherwise discipline the employee, the City may take action prior to knowing of
a positive test result.
Section 10. Once the Department has determined that an employee is to be
tested, the employee will be relieved of duty and may elect to use vacation,
compensatory time or earned personal leave until such time the employee is
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returned to work as a result of a negative test, enters rehabilitation as provided
herein or is disciplined.
Section 11. The Union will be advised of passed or failed tests to the extent
that the releasing of such data is consistent with Federal or State laws regarding
the privacy of said test or if the individual involved does not want his test results
released to the Union.
REHABILITATION
Section 12. In the event that the results of any substance/alcohol test are
positive, the following criteria will apply:
A. The employee at his/her own cost shall, within seventy-two (72) hours of
the positive test notification, excluding weekends and holidays, enter and
remain in a substance/alcohol program approved by the City and the
Union until the approved program administrator is able to state that the
employee has been successfully rehabilitated. If the employee fails to
enter the approved substance/alcohol program within seventy-two (72)
hours, the employee will be terminated. While in the program, the
employee will be allowed to return to work if the program administrator
approves; if not, the employee may be suspended until the program
administrator approves the employee's return to work. Such suspension
shall not exceed six months. Employees shall not be permitted to work in
drivers' positions until the program administrator feels certain there is
no possibility that the employee is using drugs/alcohol and submits this
opinion in writing to the City. If the employee is not rehabilitated, he or
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she will be dismissed. If the employee is rehabilitated, as determined by
the program administrator, the employee shall be allowed to return to
work.
B. If relieved of duty, the employee, will use all of his/her compensatory
leave, vacation time, sick time, and earned personal leave and then the
employee will be placed in a leave without pay status.
C. If the employee fails to enter, participate in and/or successfully complete
the program, including any aftercare program, the employee shall be
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 substance
screenings by the City for a period of two (2) years from the date the
employee returned to work. The City will be limited to ten (10) random
screenings per twelve (12) month period. Employees testing positive on
an initial random test shall be entitled to a second test as outlined in
38.5 of this article. Employees who test positive to a confirmatory test or
refuse to be tested shall be terminated from employment with the City.
E. Employees are entitled to one chance at rehabilitation during their
employment with the City. Employees who have been through at least
one (1) rehabilitation program, who at a later date test positive to an
initial substance screening shall be entitled to a second test as outlined
in 38.5 of this article. Employees whose sample test positive on
98- 5"5
confirmatory test or refuse to be tested shall be terminated from
employment with the City.
F. Employees who are terminated for failure to meet the requirements of
rehabilitation as described herein shall have no appeal rights through
Civil Service, the grievance procedure or any other forum.
Section 13. The Omnibus Transportation Employee Testing Act of 1991
shall apply to all bargaining unit employees who fall within the definition of
covered employees as described within the Act. The provisions of this Article shall
be followed to the extent they do not violate the Act.
Section 14. The testing laboratory shall be licensed by the State of Florida
as a clinical laboratory specializing in the analysis of body fluids for drugs and
alcohol.
Section 15. Said laboratory must have a licensed clinical laboratory director
currently licensed by the State of Florida. Further, technical staff must be licensed
by the State and said personnel shall include a licensed supervisor.
Section 16. The State of Florida Health and Rehabilitative Services inspects
such toxicology labs and the lab utilized must have a track record of having passed
and continue to pass the Health and Rehabilitative Services inspections as required
by the State of Florida.
Section 17. Participation in the College of American Pathologists
Proficiency Testing Program would be a desirable qualification of the testing
laboratory. Said lab licensed directors should have experience in spectroscopy
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toxicology and drug analysis. Such experience should be supplemented by formal
education and appropriate lab work for a minimum of 10 years.
Section 18. All EBT's with an alcohol content level of 0.02 or greater shall
be considered a positive test result and shall serve as the confirmatory test.
INITIAL TESTS - URINE
Section 19. The initial testing
shall
use an immunoassay
method which
meets the requirements of the Food
and
Drug Administration
for commercial
distribution.
Section 20. The following cutoff concentrations shall be applicable to
determine whether specimens are negative or positive for the following drugs or
classes of drugs utilizing the initial test procedure:
Initial Test Level (ng/ml)
Total Cannabinoid Metabolites 40
Total Cocaine Metabolites" 50
Opiates 1000
Phencyclidine 25
Barbiturates 300
Benzodiazepine 300
Amphetamines 1000
Methaqualone 750
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CONFIRMATORY TEST - URINE
Section 21. All specimens identified as positive by the initial test shall be
confirmed using gas chromatography/mass spectrometry (GCS/MS) techniques.
GCS/MS confirmation procedures at the following cutoff concentration shall be used
for the following drug:
Confirmatory Test Level (ng/ml)
Marijuana Metabolite* 20
Section 22. For all other drugs listed below, the confirmatory test shall
detect the confirmed presence of the substance. The laboratory must be prepared to
provide evidence from its quality control program to prove its capability of detecting
such substances.
Cocaine or cocaine metabolites
Opiates
Phencyclidine
Barbiturates
Benzodiazepine
Amphetamines
Methaqualone
These concentrations are subject to revision with changes in
convention or technology. The laboratory must be able to document its performance
at the cutoff level by the use of quality control, both open and blind.
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Proper chain of custody controls shall always be enforced during
confirmation testing. Authorized confirmation technicians shall sign the chain of
custody form and be responsible for each urine specimen to be tested. The
laboratory shall include sufficient safeguards to ensure that unauthorized personnel
are prevented from gaining access to the confirmation laboratory.
EXPEDITED ARBITRATION
Section 23. It is anticipated as soon as possible after ratification of the
Labor Agreement between the City of Miami and the Union President and the City
Labor Relations Officer will pick two (2) area permanent Umpires to hear employee
drug grievances. The two Umpires will alternate hearing only grievances where the
bargaining unit member alleges a violation of this Article. Said grievance will be
limited to whether or not there was reasonable belief based on objective factors to
require the grievant to take the Alcohol/Controlled Substance test.
Section 24. The cost of the Umpire's decision will be borne by the employer
if the Umpire rules there was not reasonable belief to require the employee to take
the test. If the Umpire rules there was reasonable belief to require the employee to
take the test, the Union will pay the cost of the Umpire if the Union processed the
grievance. If the grievant processed the grievance on his/her behalf, he/she will pay
the cost of the Umpire.
Section 25. It is anticipated that an expedited hearing would be held before
the Umpire under the American Arbitration Association rules of expedited
arbitration and no post hearing briefs would be filed. The drug grievance will be
submitted directly to arbitration and will be heard no later than three (3) calendar
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days after the employee was required to take the Alcohol/Controlled Substance test.
The Umpire will rule at the close of the hearing and an oral response from the
Umpire will be sufficient to settle the grievance.
Section 26. The two Umpires shall serve from year to year and shall be
appointed by a letter jointly signed by the Union President or his/her designee and
the Labor Relations Officer. Should either the City or the Union wish to drop an
Umpire, the Umpire shall be notified and the parties shall agree on a replacement.
If they are unable to agree, each party will put two (2) names into a hat and the
name drawn will be the replacement for one (1) year.
Section 27. The Alcohol/Controlled Substance test will be held confidential
by the laboratory until the Umpire rules. If the employee grieves the test, said
grievance must be in writing and submitted to the Labor Relations Officer on the
same day as the initial test or no later than the next regularly scheduled work day
of the Labor Relations Officer. If the test is positive for alcohol or a controlled
substance, the process will continue as outlined in this Article. If the Umpire rules
there was no reasonable belief to test the employee, the test sample will be thrown
out and no results will be released.
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.
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Section 2. Provided, however, nothing in this Agreement shall obligate the
City to continue practices or methods which are unsafe, obsolete, inefficient or
uneconomical.
Section 3. If the City desires to change such job benefits, the matter shall
be negotiated between the City and the Union. If the parties deadlock in the
negotiations, the question(s) being negotiated shall be submitted to binding
arbitration.
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
other employee benefits not specifically provided for in this Collective Bargaining
Agreement.
Article 41
PROVISIONS IN CONFLICT WITH LAW/NEW TECHNOLOGY
Section 1. If this Agreement or any provision, section, subsection, sentence,
clause, phrase, or word of this Agreement, is in conflict with any existing State or
Federal law, or future State or Federal law; or with any existing City ordinance; or
with any interpretation of this Agreement made by a court of competent
jurisdiction, that portion of this Agreement in conflict with said law or ordinance or
resolution, or court interpretation of law, shall be null and void; but the remainder
of the Agreement shall remain in full force and effect with it being presumed that
the intent of the parties herein was to enter into the Agreement without such
invalid portion or portions.
Section 2. Not withstanding any other provisions of this Agreement, the
employer may take all actions necessary to comply with the Americans with
Disabilities Act.
sale
98- 5 j
Article 42
Tuition Reimbursement
Effective October 1, 1998, it is agreed between the parties that a tuition
reimbursement program designed to encourage City employees to improve their job
performance and increase their value to the City by pursuing courses of study at
Miami -Dade County educational institutions. The policy governing the tuition
reimbursement program is intended to be flexible, with broad discretion for
approval reserved to the Department Director and the City Manager so as to insure
increasing on-the-job effectiveness of City employees. The tuition reimbursement
program shall not be subject to budgetary constraints.
Any full-time, permanent City employee shall be eligible to participate in the
Tuition Reimbursement Program.
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 straight tuition costs up to a maximum of
$600.00 per year. Books, incidental fees, and other costs related to the course work
will not be reimbursed by the City.
To be eligible for reimbursement, the employee must successfully complete
the course work and provide evidence of successful completion to the City.
Successful completion must be evidenced by a grade of "C" or better.
Procedures for reimbursement will be as follows:
A. The employee must obtain three (3) copies of the Application for
Tuition Reimbursement form for each course from his department or
the Human Resources Department.
98- 5'5
-68-
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 tuition reimbursement paid to the employee will be
reimbursed to the City by the employee upon his termination from the City through
a deduction from his final paycheck.
Upon completion of the course work, the employee must submit his semester
grade report together with the tuition fee receipt to his Department Director. The
Department Director will submit the approved application for tuition
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
tuition reimbursement. The employee's Department Director will advise the
Human Resources Department of the employee's satisfactory completion of the
course.
Article 43
Pension
Effective October 1, 1998, it is hereby agreed that the City Independent
Group Union ("CIGU"), and the City of Miami ("City") shall enter into this
-69- 9 8 - 5 5
Memorandum of Understanding to modify the funding section of the Gates
Settlement; to modify the cost -of -living adjustments ("COLA"); to modify the
pension benefit multiplier; and to resolve amortization issues by retirement of the
Gates Settlement Schedule B payments effective from Fiscal Year 1998-99 actuarial
valuation report of the General Employees' and Sanitation Employees' Trust
("GESE").
Modification in Gates v. City of Miami
The AFSCME, CIGU, City of Miami Retirees Association, and the City will
endorse and present to the Circuit Court a joint motion for modification of Final
Judgment in Gates v. City of Miami.
Retirement Benefit Multiplier (Section 40-255 (a) (3); (b) (2) b; (d) 2; (e) (2) b)
A member exercising service retirement, rule of 70 retirement, or vested right
to retirement, on or after October 1, 1998, shall be entitled to receive a retirement
allowance equal to 3 percent of the member's average final compensation multiplied
by years of creditable service, which amount shall be paid yearly in monthly
installments. Upon retirement on or after October 1, 1998, for ordinary disability, a
member shall commence receipt immediately a retirement allowance equal to 3
percent of 90 percent of the member's average final compensation multiplied by
years of creditable service, which amount shall be paid yearly in monthly
installments, providing that the resulting retirement allowance does not exceed 30
percent of the member's average final compensation.
Longevity Supplement (Section 40-255 (a) (4) c. 2)
Effective October 1, 1998, the longevity supplement specified in Section 40-
255 (a) (4) c.2 of the City of Miami Code shall cease to be available.
COLA Benefit (Section 40-256)
Effective October 1, 1998 there shall be a minimum COLA benefit of $54.00
per year and a maximum COLA benefit increase of $400.00 per year, provided the
retiree's first anniversary of retirement has been reached. The COLA percentage
will be increased to 4% of total benefits and the cumulative COLA benefit on a
quarterly basis will be eliminated. The COLA benefit will be paid on a monthly
basis.
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, 1997, or as otherwise provided in this Agreement, whichever date is later. The
Agreement shall continue in full force and effect until 11:59 p.m., September 30,
2000. 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, 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, the parties shall present each other
with a list of proposals it desires to negotiate, together with the specific language
describing its proposals.
Section 4. Initial discussions shall thereafter, and no later than June 1,
2000, be entered into by the City and the Union.
AGREED to this day of
1998 and between the
respective parties through an authorized representative or representatives, of the
Union and by the City Manager.
ATTEST:
ATTEST:
CITY INDEPENDENT GROUP UNION
ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
-72-
CITY CLERK
City Manager
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
-73- 98 - 560
APPENDIX A
CLASS
SALARY
CODE
RANGE
NUMBER
CLASS TITLE
NUMBER
3448
Sanitation Shop Maintenance Worker
21D
3017
Waste Collector/Garbage
19D
3020
Waste Collector/Trash
19D
3108
Waste Collector Operator I
20D
3109
Waste Collector Operator II
21D
3110
Waste Equipment Operator
22D
-74- 98- 565
APPENDIX B
CLASS
CODE
NUMBER CLASS TITLE
7032 Chief Sanitation Inspector
3022 Sanitation Supervisor
7035 Sanitation Inspector
7031 Sanitation Inspector II
3026 Waste Collection Superintendent
3025 Assistant Waste Collection Superintendent
_75_ 9 8- 5 6 5
APPENDIX C
M.ag0RANDUM OF UNDERSTANDuIG
AMENDMENT TO GATES SETTLEMENT
It is hereby agreed that the American Federation of State, County and Municipal
Employees ("AFSCME'), Local 1907, the City Independent Group Union ("CIGU'), and the
City of Miami ("City') shall enter into this Memorandum of Understanding to modify the
funding section of the Gates Settlement; to modify the cost -of -living adjustments ("COLA'); to
redefine the funding mechanisms, the asset valuation methods; to modify the pension benefit
multiplier, and to resolve amortization issues by retirement of the Gates Settlement Schedule B
payments effective from Fiscal Year 1999-99 actuarial valuation report of the General
Employees' and Sanitation Employees' Trost ("GESE').
PENSION MODIFICATIONS:
Modification in Gates v. City of Miami
The AFSCME, CIOU, City of Miami Retirees Association, and the City will endorse and
,+
present to the Circuit Court a joint motion for modification of Final Judgment in Gates v. City of
Miami.
Retirement Benefit Multlpfler (Section 40-255 (a) (3); (b) (2) b c (1); (d) 2; (e) (2) b)
A member exercising service retirement, rule of 70 retirement; ply service retirement as
provided under Section 40-255 (b) (3) (c) (1), or vested right to retirement, on or after October 1,
1998, shall be entitled to receive a retirement allowance equal to 3 percent of the member's
average final compensation multiplied by years of creditable service, which amount shall be paid
yearly in monthly installments. Upon retirement on or after October 1, 1998, for ordinary
disability, a member shall commence receipt immediately a retirement allowance equal to 3
percent of 90 percent of the member's average final compensation multiplied by ye of
creditable service, which amount shall be paid yearly in monthly installments, provided such
1
98-- 565
retirement allowance exceeL 30 percent of the member's average , A compensation; otherwise,
a retirement allowance equal to 3 percent of 90 percent of the member's average final
compensation, multiplied by the number of years which would be creditable to the member were
the member's service to continue until the attainment of the member's normal retirement age,
providiaged further that the resulting retirement allowance does not exceed 30 percent of the
member's average final compensation.
Longevity Supplement (Section 40-255 (a) (4) c. 2)
Effective October 1, 1998 the longevity supplement specified in Section 40-255 (a) (4)
c.2 of the City of Miami Code shall cease to be available.
COLA Benefit (Section 40-256)
Effective October 1, 1998 there shall be a minimum COLA benefit of $54.00 per year
and a maximum COLA benefit increase of $400.00 per year, provided the retiree's fast
anniversary of retirement has been ranched. The COLA percentage will be increased to 4% of
total benefits and the cumulative COLA benefit on a quarterly basis will be eliminated. The
COLA benefit will be paid on a monthly basis.
Asset Valuation Method
The actuarial methodology for evaluating assets shall be changed to moving market value
averaged over three years, beginning September 30, 1997. (As of October 1, 1997, market value
shall be used; as of October 1', 1998, a two-year moving average shall be used; as of October 1,
1999, and thereafter, the three-year moving average shall be used.) W�Zb�year the
actuarial asset value starting with the market value as of October 1, 1997 will be projected
forward at the valuation date based on actual contributions and benefit payments at the assumed
interest assumption. This projected actuarial value is then compared to the market value of assets
at the valuation date. One third of the difference plus prior deferrals is added to the projected
actuarial asset value to equal the actuarial asset value. Two thirds of the difference between
2
98 - 55
projected actuarial and ma. st asset value is deferred to each of .e next two years as future
adjustments to the actuarial asset value. The result cannot be greater than 120% of market value
or less than 80% of market value.
Cost Method
The modified aggregate entry age normal cost method will be applied for costs as of
October 1, 1998, and each October 1" thereafter, based on demographic and asset data as of the
Q_.
previous October ", adjusted for interest from that date to reflect payment timing. This
modification method will determine the annual normal cost based on the present value of future
normal costs spread as a level percent of pay. The present value of femme normal cost will be
based on the present value of all benefits less present value future employee contribution less the
greater of the actuarial accrued liability or actuarial asset value. However, under, no
circumstances will the total cost be determined to be less than zero.
Amortization Resolution
As of October 1, 1997 any unfunded actuarial accnied liability in excess of the market
value of assets at that date shall be amortized over 30 years as a level dollar amount
After October 1, 1997, the following amortization periods will be applied all as level
dollar amounts.
Amortization Period
Sources of Change in Unfunded Liability
Benefit improvement for Active 30 years
Benefit improvement for retirees 15 years
Actuarial gaiwlow 15 years
Change in assumption 20 years
To the extent the actuarial accrued liability plus normal cost is less than the actuarial asset
value plus present value future employee contributions, all prior amortization bases are
considered fully funded.
3
• Agreement Conlin eg nciet
This agreement is contingent upon: (1) ratification by the City Commission; (2)
ratification by union membership (AFSCME and CIGU) of this Memorandum of Understanding,
pursuant to the legal requirements for collective bargaining; (3) ratification by the CIGU union
membership of the October 1, 1997 - September 30, 2000, labor agreement and the AFSCME
union membership of the October 1, 1998 - September 30, 2001, labor agreement; (4) ratification
by the Board of Trustees of GESE; (5) approval by the State of Florida -Division of Retirement
It
as to the legal requirements for funding; and (6) modification of the Final nal Judgment in Gates v.
City of Miami by the Circuit Court to conform to the terms of this agreement after notice to the
class of retired employees and hearing.
AGREED to this day of 1998, by and between the
respective parties through an authorized representative or representatives of the Associations and
by the City Manager.
G'!Y� Charlie Cox, President
AFSCNffi, Local 1907
Norman Charles, President
CIGU
Louis Johnson, President
City Miami Retirees Association
R. Sue Weller, Labor Relations Officer
City of Miami
Jose Garcia -Pedrosa
City Manager
'�d Date
Date
0
Date
Date
4
9 — 565
CITY OF MIAMI, FLORIDA
INTER; -OFFICE MEMORANDUM
TO: Honorable Mayor Carollo and
Members of the City Commission
FROM: Donald H. Warshaw
City Manager
14"W0Z13Z 1►T/ 111►117y 111W
DATE: May 27, 1998
SUBJECT: Resolution Ratifying Labor
Agreement Between City of
Miami and CIGU
REFERENCES:
ENCLOSURES:
FILE :
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 City Independent Group
Union (CIGU) for the period October 1, 1997, through September 30, 2000, per the attached
resolution.
BACKGROUND
In April 1998, the City, CIGU, and AFSCME began discussions to modify certain provisions of
the Judgment in Gates v. City of Miami. One of the prerequisites by CIGU to the amendment of
the Gates Settlment was the negotiation of a new labor agreement to replace the one that expired
September 30, 1997. The City and CIGU commenced labor negotiations February 11, 1998. As
a result of negotiations the weekend of May 16t , the City, CIGU, and AFSCME reached
agreement to effect certain amendments to the Gates Settlement, and the City and CIGU agreed
to a three year labor agreement.
The new labor agreement provides for the following benefits and changes:
• 0% increase for FY 97-98,
• 2% wage increase January 1, 1999,
• 2% wage increase October 1, 1999,
• Effective October 1, 1998, tuition reimbursement of up to $600 annually will be
available, not subject to budgetary constraints,
• Effective October 1, 1998, employees with single coverage will pay 20% of group
health insurance premium, and employees with family coverage will pay 30% of
group health insurance premium,
• Effective October 1, 1998, supplemental salary and workers' compensation benefits
are reduced to 70% of the employee's weekly base salary,
• Upon ratification, overtime at time and one-half will only be paid after employee has
worked 40 hours,
98- 565
Honorable Mayor Carollo and
Members of the City Commission
RE: Resolution Ratifying Labor Agreement
Between City of Miami and CIGU
• Effective January 1, 1999, all employees will accrue vacation and sick leave at the
same rate eight -hour per day employees accrue,
• Upon ratification, all holidays are non -work holidays unless determined otherwise by
the City,
• Upon ratification, the City has the right to work employees a full shift and to reassign
employees to other duties during the course of the day or week,
• Upon ratification, the City has the right to partially privatize throughout term of
contract with no lay-offs and fully privatize department last month of labor agreement
(September 2000) including layoffs. Union waives all requirements of notice
including impact bargaining, and
• Decision to privatize requires successful bidder to employ union members for one
year. Upon privatization City also agrees to protect level of vested retirement •
benefits.
The agreed upon changes to the labor agreement are subject to the legally required approvals of
the Memorandum of Understanding amending the Gates Settlement. The amendment to the
Gates Settlement provides the following: effective October 1, 1998, the Gates Settlement
Schedule B payments will be retired; the pension multiplier will be increased from 2.25% and
2.75% to 3%; the longevity supplement will no longer be available; the maximum annual COLA
increase will be increased from $200 to $400 annually; the COLA percentage will be increased
from 2% to 4% of total benefits; the cap on the total COLA benefit will be eliminated; and the
funding mechanisms and asset valuation methods are redefined to provide a more consistent and
predictable method for determination of annual costs.
The amendment to the Gates Settlement is contingent upon ratification by the labor unions
(CIGU and AFSCME), the City Commission, the Board of Trustees of GESE, approval of the
State of Florida -Division of Retirement, and modifications of the Final Judgment in Gates v. City
of Miami by the Circuit Court to conform to the terms of this agreement after notice to the class
of retired employees. The City of Miami Retired Employee Association has also indicated their
approval of the amendment to the Gates Settlement. On Saturday, May 23, 1998, CIGU ratified
the changes to the labor agreement and the Memorandum of Understanding amending the Gates
Settlement
A cost summary of the changes to the CIGU labor agreement is attached for your review.
JGP:CMC:�W\
c: R. Sue Weller, Labor Relations Officer
Dipak Parekh, Director, Budget and Management Analysis
98 - 565
e
CIGU Costing Summary
Across the board
$
5,787,660
$
Overtime
$
318,992
$
Banked compensation time
$
19,330
$
Shift differential
$ `
17,680
$
Working out of class
$
4,678
$
Longevity's
10 year
$
72,738
$
_ _ year
$
15 year
$
61,340
$
_ year
$
20 year
$'
21,616
$
_ year
$
$
Step Increase
- year
$
_
$
- year
$
$
_ year
$
$
- Year
$
$
_ year
$'
-
$
_ year
$
$
Other pay
Wage bonus
$
101,600
$
Sick leave bonus
$
5125
$
Sick leave conversion payoff
$
17,122
$
Emergency vacation pay
$
49,998 '
$
Vehicular accidents
$
7,576
$
Retirement
Incentive
$
8169
$
ALR
Office of Labor Relations
5/29/98
1
- $
83,684
$
202,556
$
286,240
- $
4,825
$
11,051
$
15,876
- $
392
$
792
$
1,185
- $
71
$
168
$
239
- $
1,020
$
1,040
$
2,060
Reviewed by the
Office of Budget and Management Analysis
an
.9
CIGU Costing Summary
Life
$
48,964
$
80% Supplemental WIC
$ ,
74,744
$
Single Medical & Dental
$ `
, 113,781
$
Family Medical & Dental
$ ;
546,175
; $
Single Medical Only
$
$
Family Medical Only
$
_
$
Holidays
8 Hours
$
60,310
$
10 Hours
$`-
21,108
$
20 Hours
$
234,386
$
Time pool
Hours
$ ,
41,120 -
$
Uniforms and Personal equipment
Safety shoes
$
19,314
$
Shirts
$
8404
$
Pants
$
8,989
$
Caps
$
3,370
$
Safety belts
$
3,611
$
Cold weather jacket
$
7866
$
Rubber Boots
$
$
Plus items
Bin route
$
27,408
$
Temporary Laborer
$
$
Tuition Reimbursement
$
-
$
$ (6,129) $ (6,129) $ (12,258)
$ (10,354) $ (10,354) $ (20,709)
$ (15,126) $ (15,126) $ (30,252)
- $
1,224 $
- $
305 $
- $
3,389 $
2,472 $ 3,696
739 $ 1,044
8,203 $ 11,592
$ 3,000 $ 3,000 $ 6,000
FICA $ 589,277 $ - $ 4,843 $ 14,949 $ 19,792
Total $ 8,292,251 $ - $ 68,144 $ 210,362 $ 278,506
ALR
Office of Labor Relations
5/29/98 2 Reviewed by the
Office of Budget and Management Analysis