HomeMy WebLinkAboutR-95-0096c7-95-142
1/26/95
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Section 1. The City Massager is hereby authorized to enter into a
collective bargaining ng agreement between the City of Miami and the employee
organization known as The Laborer's International. Union of North America,
Local 800, for the period of October 1, 19M through September 30, 1997, with
terms and conditions as more particularly set forth in the attached agreement.
Section 2. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADDPTED this 9 th day of February 1995.
4 STEP11M P . CLAIM MAYOR
A
MATI'Y AIRAI
CITY CLERK
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ATTACHMENT (5)
(ON TAMED
CITY COMMISSION
ISEE7UIG OF
F E D 0 9 1995
Resolution No.
95- 96
BSS:M4903
AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO
LOCAL 800
October 1, 1994 - September 30, 1997
95- 96
TABLE OF CONTENTS
ARTICLE
AGREEMENT.
APPENDIX A
APPENDIX B
ABSENTEEISM & TARDINESS. . . . . . . . .
18
ATTENDANCE AT MEETINGS/EMPLOYEE
UNION TIME POOL . . . . . . . . . . .
10
BLOOD DONORS . . . . . . . . . . . . . .
34
BULLETIN BOARDS . . . . . . . . . . . . .
14
DEATH IN FAMILY . . . . . . . . . . . . .
33
DISCIPLINARY PROCEDURES. . . . . . . . .
17
DUES CHECKOFF . . . . . . . . . . . . . .
7
EARNED PERSONAL LEAVE. . . . . . . . . .
30
ENTIRE AGREEMENT . . . . . . . . . . . .
43
FAMILY LEAVE AND LEAVE WITHOUT PAY . . .
36
GRIEVANCE PROCEDURE. . . . . . . . . . .
8
GROUP INSURANCE . . . . . . . . . . . . .
28
HOLIDAYS . . . . . . . . . . . . . . . .
29
ILLNESS IN FAMILY. . . . . . . . . . . .
32
INCARCERATED EMPLOYEES . . . . . . . . .
37
JURY DUTY . . . . . . . . . . . . . . . .
35
LABOR/MANAGEMENT COMMITTEE . . . . . . .
12
LAYOFF AND RECALL. . . . . . . . . . . .
20
LINE OF DUTY INJURIES. . . . . . . . . .
26
LOSS OF EMPLOYMENT . . . . . . . . . . .
19
MANAGEMENT RIGHTS. . . . . . . . . . . .
5
NO DISCRIMINATION. . . . . . . . . . . .
15
NO STRIKE . . . . . . . . . . . . . . . .
6
NOTICES . . . . . . . . . . . . . . . . .
9
OVERTIME/COMPENSATORY TIME/CALL-IN . . .
22
PREAMBLE . . . . . . . . . . . . . . . .
PREVAILING BENEFITS. . . . . . . . . . .
42
PROBATIONARY PERIOD. . . . . . . . . . .
16
PROVISIONS IN CONFLICT WITH LAW. . . . .
44
RECOGNITION . . . . . . . . . . . . . . .
1
REPRESENTATION OF THE UNION. . . . . . .
4
REPRESENTATION OF THE CITY . . . . . . .
3
RESIDENCY . . . . . . . . . . . . . . . .
40
RETIREMENT INCENTIVE PROGRAM . . . . . .
41
SAFETY SHOES AND PERSONAL EQUIPMENT. . .
25
SHIFT DIFFERENTIAL . . . . . . . . . . .
24
SICK LEAVE . . . . . . . . . . . . . . .
31
SPECIAL MEETINGS . . . . . . . . . . . .
11
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING.
39
TERM OF AGREEMENT. . . . . . . . . . . .
45
VACATION SCHEDULING/CARRYOVER. . . . . .
23
VEHICULAR ACCIDENTS. . . . . . . . . . .
13
PAGE
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77
78
27
15
53
22
52
24
7
47
73
55
9
44
45
51
56
53
19
30
41
29
4
23
5
14
33
1
72
24
74
1
3
2
70
71
39
38
48
18
60
75
36
20
95-
ulldzqlll"�
WAGES . . . . . . . . . . . . . . . . . . 21
WORK INCENTIVE PLAN. . . . . . . . . . . 38
WORKING OUT OF CLASSIFICATION. . . . . . 27
PAGE
31
58
42
95-
DIM
Nut
AGREEMENT
This Agreement, entered into this day
of 19`, between the City of Miami (hereinafter
referred to as the "City") and the Laborer's International Union
of North America (hereinafter referred to as the "Union").
PREAMBLE
WHEREAS, it Is the intention of the parties to set forth
herein the basic and 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 August 16, 1994 (Certification No. 1066, Case No.
RC-94-026) which includes all the classifications listed In
APPENDIX A of this Agreement and excludes all classifications
listed in APPENDIX B of this Agreement.
ARTICLE 3
REPRESENTATION OF THE CITY
Section 1. The City shall be represented by the City
Manager or the Labor Relations Officer. The City Manager shall
have sole authority to conclude an agreement on behalf of the
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City subject to ratification by an official resolution of the
City Commission. it Is understood that the City representative
or representatives are the official representatives of the City
for the purpose of negotiating with the Union. Negotiations
entered Into with persons other than those as defined herein,
regardless of their position or association with the City, shall
be deemed unauthorized and shall have no weight or authority In
committing or in any way obligating the City. Accordingiy, 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 Labor Relations Officer
provided, however, ARTICLE 8 - GRIEVANCE PROCEDURE of this
Agreement shall operate as specifically stated therein.
ARTICLE 4
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 Business Manager of the Union or his/her designee
of the Union. The identification of representatives shall be
made by March 15th each year. The person or persons designated
by said Business Manager of the Union 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
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negotiating with the City. Negotiations entered Into with
persons other than those as defined herein, regardless of their
position or association with the Union, shall be deemed non -
authorized and shall have no weight of 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 two (2) 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. Non -employee Union representatives 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 non -employee Union
representatives 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
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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.
ARTICLE 5
MANAGEMENT RIGHTS
Section ?. 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, 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,
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means, and personnel by which operations are to be conducted,
including the right to determine whether goods or services are to
be provided or purchased; to establish, modify, combine or
abolish Job classifications; to change or eliminate existing
methods, equipment or facilities; and to establish, implement and
maintain an effective internal security program.
Section 2. The City has the sole authority to determine
the purpose and mission of the City, to prepare and submit
budgets to be adopted by the City Commission.
Section 3. Those inherent managerlal 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 6
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.
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Section 2. Neither the Union, nor any of its officers,
agents and members, nor any bargaining unit members, covered by
this Agreement, will Instigate, promote, sponsor, engage in, or
condone any strike, sympathy strike, slowdown, sick-out,
concerted stoppage of work, picketing in furtherance of a work
stoppage, or any other Interruption of the operations of the
City.
Section 3. Each employee who holds a position with the
Union occupies a position of special trust and responsibility in
maintaining and bringing about compliance with this Article and
the strike prohibition In Chapter 447, Part II, of the Florida
Statutes, and the Constitution of the State of Florida, Article
I, Section 6. Accordingly, the Union, its officers, and other
representatives agree that it is their continuing obligation and
responsibility to maintain compliance with this Article and the
law, including their responsibility to abide by the provisions of
this Article and the law by remaining at work during any
interruption which may be Initiated by others; and their
responsibility, in event of breach of this Article or the law by
other 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
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dismissals may be taken to the Civil Service Board consistent
with applicable Civil Service Rules and Regulations.
ARTICLE 7
DUES CHECKOFF
Section 1. During the term of this Agreement, the City
agrees to deduct Union membership dues and uniform assessments,
if any, in an amount established by the Union and certified in
writing by an accredited officer to the City from the pay of
those employees in the bargaining unit who individually make such
request on a written checkoff 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. Effective 10/1/95, the
Union shall remit to the City the sum of $200 to provide for the
cost of dues checkoff. Such payment shall be made annually and
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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 6. 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 checkoff
authorization [the thirty (30) days notice shall commence on the
day the dues cancellation request is mailed by the City to the
Union]; (2) the termination of the authorizing employee, or (3)
the transfer, promotion, 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.
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Section 7. The Dues Checkoff Authorization Form provided
by the City shall be used by employees who wish to Initiate dues
deduction.
ARTICLE 8
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. L,
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
by the grievant, grievants, and/or Union.
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.
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Section 4. It is further agreed by the Union that employees
1
covered by this Agreement shall make an exclusive election of
I
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 shalt preclude the aggrieved
party or parties from utilizing said Grievance Procedure for
adjustment of said grievance.
Section 5. To simplify the Grievance Procedure, the number
of "working days" in presenting a grievance and receiving a reply
shall be based upon a five (5) day work week, Monday through
Friday, not including City-wide holidays.
Section 6. Grievances shall be processed In accordance
with the following procedure:
Step I.
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
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attempt to adjust the matter and/or 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 2 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.
Step 2.
If the grievance has not been satisfactorily resolved at
Step 1, the Union may present a written appeal to the
Department Director within five (5) working days from the
time the response was Issued or due (whichever occurs first)
at Step 1. 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
appeal.
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 response was issued or due (whichever occurs first)
at Step 2. The Labor Relations Officer shall meet with the
Union representative and shall respond in writing to the
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Union within ten (10) working days from receipt of the
appeal.
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
response was issued or due (whichever occurs first) at Step
4 of the Grievance Procedure.
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 Public Employees Relations Commission (PERC).
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
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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.
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 arbitrator will confine
his consideration to the written statement of the grievance
presented in Step 2 of the Grievance Procedure.
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. The party
desiring a transcript of the hearing will bear the cost of same.
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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.
Section 14. 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; or, where the Issue Is a matter subject to collective
bargaining.
ARTICLE 9
NOTICES
Section 1. The City of Miami agrees to provide to the
Laborer's International Union of North America the following
notices or bulletins: City Commission Agenda, the Solid Waste
Division Planning Budget Estimate, the Solid Waste Budget
presentation material given to the City Commission, the Solid
Waste final divisional 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 10
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. Time off for the
employee Union representative 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 employee
Union representative shall fill out the appropriate form
as provided by the City. This form shall be processed
through channels of the employee who is to use the pool
time. The form must be processed so that a copy shall
be in the Office of the Department Director a minimum of
seven (7) calendar days prior to the time the employee
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has been authorized to use the pool time. It Is
understood on rare occasions the seven (7) day time
limit may not be met. The employee Union representative
or his/her designee then shall forward a detailed
explanation to the Department Director as to why the
seven (7) day rule was not met.
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.
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G. Upon written request to the Department Director, the
employee Union representative, or his/her designee, will
be released for the term of this Agreement from his or
her regularly assigned duties for the City. The terms
of this Agreement for such release are only to be
Implemented if the following qualifications are met by
the Union:
1. The Union Business Manager and/or the employee Union
representative, or a designee, will reasonably be
available through the Union office currently located
at 2996 N.W. 62nd Street, Miami, Florida 33147 for
consultation with the Management of the City of
Miami.
2. As provided in Section 1 of this Article, the Union
Business Manager and/or the employee Union
Representative or a designee shall be the only
representative 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 accounts. The
employee Union Representative shall not be eligible
for overtime or compensatory time.
Section 3. All applicable rules, regulations and orders
shall apply to any person on Time Pool release. Violations of
the above -mentioned rules, regulations and orders may subject the
employee on pool time to disciplinary actions.
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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 11
SPECIAL MEETINGS
Section 1. The City Manager, or his/her designee, and the
Union agree to meet and confer on matters of Interest upon
written request of either party. The written request shall state
the nature of the matter to be discussed and the reason(s) for
requesting the meeting. Discussion shall be limited to matters
set forth in the request, but it Is 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 10, SECTION 2, of this
Agreement. However, if the meeting is cancelled by the City
Manager or his designee, no charge shall be made to the employee
time pool.
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ARTICLE 12
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 LIUNA bargaining unit members.
Section 2. The Departmental Labor/Management Committee
shall meet at least once a month, and such meetings shall be
scheduled during normal business hours. The purpose of these
meetings will be to discuss quality of work -life, productivity,
service, communication and objectives of mutual concern, not
Involving matters which have been or are the subject of
collective bargaining between the parties. It Is understood that
these Departmental Labor/Management Committee meetings shall not
be used to renegotiate the labor agreement between the City and
LIUNA. 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.
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ARTICLE 13
VEHICULAR ACCIDENTS
Section 1. All bargaining unit employees of the Solid
Waste Division Involved in vehicular type accidents will be
governed by the guidelines below.
Section 2. Employees of the Solid Waste Division 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 the accident was not
preventable on the part of the employee.
Section 3. Those Individuals operating motorized vehicles
In the Solid Waste Division will demonstrate to their supervisors
their possession of the appropriate Florida operators license on
an as needed basis but not less than four (4) times per year.
Section 4. Those operators whose license is revoked,
suspended or restricted in any way by the State of Florida shall
notify their supervisor Immediately.
Section 5. Accidents will be reviewed by the LIUNA
Business Manager 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 LIUNA Business Manager 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 LIUNA
Business Manager or his/her designee and the Deputy Director or
designee;
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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 LIUNA Business Manager 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, Waste Equipment Operator and Sanitation Inspector I
and who are regularly scheduled to operate Department equipment
shall receive a one hundred fifty dollar ($150.00) savings bond
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 fiscal year and payment will be
made the first pay day after November 1st of the ending fiscal
year for the operators who were accident free.
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Section 10. All vehicle operators as specified by Federal
Law shall have obtained the Federally required commercial
driver's license and endorsements as may be determined necessary
by Management. Failure of an employee to possess said license
and endorsements shall result in the employee being placed Into
a non -driver classification at the equivalent step in the salary
range of the non -driver classification with no change in
anniversary date. Future opportunities of promotion to a driver
classification for the employee placed in a non -driver
classification shall be In accordance with Civil Service Rules
and Regulations. Employees who do not have a commercial driver's
license and required endorsements shall not be eligible to work
out of class in driver classifications.
ARTICLE 14
BULLETIN BOARDS
Section 1. The City will provide for the use of the Union
a glass enclosed locking bulletin board at the Solid Waste
Division 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
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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 employee Business Manager 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.
ARTICLE 15
NO DISCRIMINATION
Section 1. The City agrees to continue its policy of not
discriminating against any employee because of 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 8 - 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
I
i
employees covered by this Agreement to become or refrain from
becoming members of the Union, and the Union shall not
I
discriminate against any such employees because of membership or
non -membership in any employee organization.
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ARTICLE 16
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 his eleventh month of service; provided, however, that
probationary period extensions shall not be appealable to the
Civil Service Board nor grievable under this Agreement, but shall
only be subject to review by the Labor Relations Officer whose
decision shall be final and binding on the employee and the
Department.
ARTICLE 17
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 Business Manager or his/her designee 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
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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 at the overtime rate. However, If he/she is
eventually found guilty of the charges through the applicable
administrative processes, any overtime gained shall be repaid to
the City in addition to any penalty imposed for the violation.
Section 3. At the commencement of the interview, the
employee shall be advised of the subject matter of the
Investigation.
Section 4. Interviews shall be for reasonable periods and
shall allow for such personal necessities and rest periods as are
reasonably necessary.
Section 5. In cases where it becomes necessary' to
Immediately discharge or suspend a permanent, classified employee
covered by this Agreement, the employee shall 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 mall delivery to the employee's last
known address on file with the Division of Solid Waste.
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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 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
i
Service employees who have been appointed to a promotional
position but who have not completed the required probationary
period may be reduced in rank at any time prior to the expiration
of the probationary period. Said demoted employee shall not be
accorded a hearing before the Civil Service Board or access to
the grievance procedure contained herein. An entrance
probationary employee may be discharged at any time prior to the
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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 18
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.
Except that 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
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95- 96
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.
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 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
6th Instance in annual period
One work week
suspension w/o pay
7th instance in annual period Dismissal
Section 4. Tardiness is reporting for work In excess of
fifteen (15) minutes beyond the scheduled starting time of the
shift except that for those employees who have reported for work
during the 15-minute "grace period" more than five (5) times in
an annual period, thereafter, tardiness is reporting for work
beyond the starting time of the shift. Employees shall be
disciplined for tardiness by being sent home without pay on each
day he/she reports to work in a tardy status. After an employee
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95- 96
r
is tardy six (6) times In an annual period, he/she shall be
advised In writing that one more instance of tardiness in the
annual period will result in dismissal.
Section 6. 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 19
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 personal notification
of an acceptable reason 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. Said resignation 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.
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5. Unexcused failure to return to work after expiration of
a formal leave of absence.
6. Retirement.
7. Layoff for a continuous period of twenty-four (24)
months.
ARTICLE 20
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 Division 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 that the City Manager or
his/her designee may at his/her sole discretion 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. In such cases the Union
Business Manager will be advised of the determination and the
reasons therefore.
95- 96
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Section 4. In the event an employee having permanent
status In a Civil Service classification covered by this
Agreement is laid off, he or she may have the option to bump the
most junior employee within a lower classification covered by
this Agreement In which he or she held permanent status.
Section 5. For the term of this Agreement, should the City
determine It requires additional personnel in the Solid Waste
Division, personnel on layoff will be given an opportunity to
fill a position in the Solid Waste Division 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 21
WAGES
Section 1. The City agrees to pay a cash bonus 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:
June 1,
1995
- $400
cash
bonus
October
1, 1995
- $300
cash
bonus
October
1, 1996
- $600
cash
bonus
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95- 96
The bonuses referred to above are not included
in wages for pension purposes and the employees shall make no
contribution to the Pension Trust on the above bonuses.
Section 2. Effective May 5, 1994, active bargaining unit
members who retire (excluding vesting) shall receive a
retroactive salary Increase of five percent (5%) for the
employee's last or highest one (1) year's salary upon retirement.
The five percent (5%) salary increase shall not
be reflected In the hourly pay rate for the purpose of
calculating leave balance payoffs. The five percent (5%) salary
increase shall not be applicable to overtime.
Section 3. The Laborer's International Union of North
America agrees with the City that there is a need to address the
operational methods of the Solid Waste Division which may require
a reorganization of the Solid Waste Division. 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 Division to 16
million dollars for each year of this Agreement. The
reorganization may require a reduction in the work force.' The
Laborer's International Union of North America, its officers,
agents, and members pledge their support in the implementation
of any reorganization program developed. Should the City
determine it Is appropriate to reorganize the Solid Waste
Division, the City shall only be required to provide notice of
such reorganizational changes. In recognition of the Laborer's
International Union of North America's pledge to support
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reorgan I zat I ona I changes, and reduce costs of the Solid Waste
Division to $16 million dollars for each year of this Agreement,
the City will not, pursue privatization of the Solid Waste
Division for the term of this Agreement. Should layoff occur as
a result of this reorganization, layoff will be in accordance
with Article 20.
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.
ARTICLE 22
OVERTIME/COMPENSATORY TIME/CALL-IN
Section 1. All authorized hours worked in excess of an
employee's normal work week shall be considered overtime work.
95- 96
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provided, however, that no overtime pay, call back pay or night
shift differential pay will be awarded for work required to
finish Incomplete work or incomplete route assignments due to
employee negligence. Where this Agreement provides that
employees Involved In Union representation or labor-management
activities are to be paid for such time by the Time Pool or the
City, such hours shall not be deemed as hours worked in
determining overtime eligibility. Such payments shall be at the
employee's straight time rate of pay, and shall only be
applicable to authorized activities that occur during the
employee's regular work schedule.
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.
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95- 96
Section 4. The parties agree that overtime hours shall not
be used in the computation of arriving at average earnings for
purposes of establishing pension benefits.
Section 5. The parties agree that assignments of overtime
work shall rest solely with the Department Head or his designee.
Management will attempt to rotate overtime to eligible persons
within their respective classifications. A voluntary sign up
list will be posted for bargaining unit members to sign up for
overtime. Management by utilizing volunteers does not waive Its
rights to require overtime. Any questions regarding the
classifications needed, frequency, staffing, scheduling,
emergencies, etc., will remain the sole prerogative of the
Department Head or his designee.
Section B. 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.
It is not the intent of this Agreement to provide pay for an
employee out on ill time or worker's compensation to receive call
back pay for taking the required physical before said employee
may be released to return to work.
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95- 96
ARTICLE 23
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. Effective December 25, 1994, vacation shall
be taken by the last payroll period of the calendar year in which
the vacation was credited. Last payroll period ending date for
calendar year 1995 is December 23, 1995. Said Vacation Selection
Procedure will be developed by Management (in consultation with
the Laborer's International Union of North America) 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. Provide 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
_36_ 9 5 -- 96
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. Effective upon ratification, employees shall
only be allowed to carryover 150 hours of the previous year's
credited vacation. Any excess vacation over the 150 hour
automatic carryover shall be forfeited as of the last payroll
period of the calendar year In which the vacation was credited.
Employees who have been carried on full disability the entire
previous year shall be paid for all excess vacation over 150
hours at the rate of pay the employee was earning at the time the
employee was placed on full disability. If an employee is unable
to take a previously authorized vacation due to cancellation by
his/her Department, any hours In excess of the 150 hours which
would have been forfeited shall be paid for at the employee's
current rate of pay or shall have the option of rescheduling the
Previously cancelled vacation within the vacation year the
vacation was cancelled. If the cancelled vacation is not
requested to be rescheduled, the vacation time shall be paid off
as outlined above.
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95- 96
Section 3. Permanent classified civil service employees
after completion of eleven (11) years of service shall be allowed
one-half working days of vacation annually or four (4) hours for
Rubbish personnel and five (5) hours for Garbage personnel.
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.
ARTICLE 24
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.
-38- 9 5 - 96
ARTICLE 25
SAFETY SHOES AND PERSONAL EQUIPMENT
Section 1. Bargaining unit employees in those
classifications determined by Management to require the wearing
of safety shoes wlII be provided up to $58.00 for the purchase
of an initial pair of safety shoes.
Section 2. When, due to wear and tear or accidental
destruction, a replacement pair of shoes Is required, the City
will grant up to an additional $58.00 for the purchase of another
pair of safety shoes. This additional $58.00 shall only be
provided when the worn out or damaged pair Is turned in to the
Department. The Department Director, or his designee, shall
provide the replacement of authorized safety shoes on the basis
of need and not on an automatic basis. The shoe allowance
authorized by this Article shall only be paid where an employee
purchases a pair of safety shoes whose quality Is certified as
acceptable by Management. Employees shall be advised of shoe
models which conform to City standards.
Section 3. Employees in those classifications required to
wear safety shoes and/or protective eye glasses, shall be subject
to the loss of a day' s pay for each day that the employee fa I Is
to report for work wearing the required safety shoes and/or
protective eye glasses. Action against the employee under this
section shall not be grievabie under ARTICLE 8 - GRIEVANCE
PROCEDURE. Should the employee losing a day's pay wish the
Department Director to review the loss of pay, he may request
same of the Department Director.
95- 96
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Section 4. 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 5. The City agrees to annually provide each
employee, with four (4) shirts (two (2) of which may be tee
shirts of a quality determined by management), four (4) pants,
one (1) cold weather jacket, and an initial issue of one (1)
safety belt and upon the employee's request up to four (4) caps,
If regularly assigned to a 4-10 schedule and five (5) caps, if
regularly assigned to a 5-8 schedule. The cold weather jacket
and safety belt will be replaced every other year. Should an
employee lose the issued safety belt, the employee will be
issued another safety belt and shall immediately reimburse the
City for the current cost of the safety belt through payroll
deduction over a period of four pay periods. Annual requests for
uniforms must be made to the Supervisor by the employee during
the month of January or the employee shall be Issued the same
type of uniform received in the preceding year. Each uniform
draw shall be recorded by the Supervisor and signed for by the
employee. Employees who are absent or who are not working full
time In their classification shall not be eligible for a uniform
draw until they return to their regular full-time assignment.
Upon their return to full-time City employment, they will be
issued uniforms within 45 days.
95-
-40-
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 employees 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.
Section 7. 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.
ARTICLE 26
LINE OF DUTY INJURIES
Section 1. The City agrees to pay those medical and
hospital expenses as required by Worker's Compensation Laws of
the State of Florida incurred by an employee covered by this
Agreement who is found to have sustained a compensable line -of -
duty Injury as provided for by the Worker's Compensation Laws of
the State of Florida.
Section 2. The City agrees that any employee covered under
this Agreement who Is disabled as a result of an accident, injury
or illness incurred in line of duty shall be granted
supplementary salary of which a part thereof Is Worker's
Compensation as provided by Resolution No. 39802, provided,
-41- 95- 96
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 10 - 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 under applicable State law.
ARTICLE 27
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.
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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 11 (Garbage) - 35 work days
Waste Collector Operator II (Sweeper) - 35 work days
Waste Equipment Operator - 95 work days
Once the employee has been temporarily assigned
to the particular classification for more than the period of time
Indicated in Section 3 in each fiscal year, the employee shall be
-43- 9 5 - 96
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 minimim 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.
ARTICLE 28
GROUP INSURANCE
Section 1. For the purpose of implementing the changes to
this Article as specified herein, such changes shall be
implemented by the City as soon as practible after ratification
of the reopener provisions of the labor agreement and upon
completion of enrollment of bargaining unit employees In the
City's self -insured closed HMO.
Section 2. 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 3. The LiUNA 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 LIUNA that the
health care contribution split paid by a retiree will be
-44- 9 5 - 96
determined by the City and the LIUNA agrees that they do not
represent the retirees in determination of health care or life
rates, contributions or benefits.
Section 4. Group health premiums will be paid by the
bargaining unit employee with pretax dollars. Effective upon the
first full pay period following ratification of the labor
agreement, bargaining unit employee's biweekly contributions
toward single employee health coverage, including dental and
vision, will be $10.00 biweekly. The bargaining unit employee's
biweekly contributions toward family health coverage, Including
dental and vision, shall be $50.00.
Section 5. The HMO rates may be adjusted annually upon the
City receiving such notice from the HMO provider. Increases or
decreases in the cost of the City's HMO health plan shall be
shared on a percentage basis of what the City and the employee
pay as of the date this Article is ratified. A percentage basis
shall be that portion that the employee pays of the total
premium.
Section 1. The
holidays:
ARTICLE 29
HOLIDAYS
following days
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
shall be considered
Columbus Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
-45-
95- 96
Labor Day Christmas Day
Dr. Martin Luther King, Jr.'s Birthday
Section 2. Any additional holidays declared by official
resolution of the City Commission shall be added to the above
list.
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
-46- J 5 - 9
of the Department recognize that this is a necessity If we are to
deliver sanitation services to the citizens of the City of Miami
consistent with funds available to the Department.
Section S. All conditions and qualifications outlined in
ARTICLE 22 - 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
22 - 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. Dr. Martin Luther King, Jr's. Birthday shall be
observed as a non -working holiday by classified service
bargaining unit employees.
ARTICLE 30
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. Those
employees working on a four (4) day per week, ten (10) hour day,
or s ix (6) day per week, ten ( 10) hour day dur i ng the Iast fu I I
pay period of the preceding calendar year, will be entitled to
fifteen (15) hours of earned personal leave time. Ali other
eligible bargaining unit employees will be entitled to twelve
(12) hours of earned personal leave time.
-47- 9 5 - 96
Section Z. The earned personal leave hours shall be
mutually agreed upon by the employee and his immediate supervisor
outside of the bargaining unit consistent with the needs of the
Department. The earned personal leave hours off shall not be
accrued; they must be used by the employee during the calendar -
year or be forfeited. The earned personal leave hours off are
not subject to being converted to cash during the employee's
employment or as severance pay upon the employee terminating his
employment with the City. There shall be no liability to pay any
overtime under this Article.
Section 3. Employees shall be allowed to use earned
personal leave for a personal day or birthday consistent with the
provisions of this Article.
ARTICLE 31
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 Indispositions 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.
Ao 4N- 4V
Section 2. Permanent bargaining unit employees may be
allowed to accrue up to eight (8) hours per month [ten (10)
hours per month for Incentive Plan employees] provided that the
employee is in pay status at least fifteen (15) working days per
month. Charge for use of III time shall be based on the
employee's work day, I.e., 8 hours or 10 hours or if partial, in
one (1) hour Increments.
Section 3. Employees in probationary status will accrue
sick leave in accordance with Section 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
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. Any employees covered by this Agreement who
retired after December 31, 1982, shall be paid for all unused
sick leave up to a maximum of six hundred (600) hours provided,
however, any employee 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
-49- 95- 96
i
to a maximum of nine hundred sixty (960) hours. It is the intent
i
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. Employees who have accumulated sick leave
credits in excess of four hundred eighty (480) hours of sick
leave [six hundred (600) for Incentive Plan employees], 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
i
previous year creditd to their leave bank. The remaining excess
leave shall be paid off at the rate of one hundred ($100) dollars
f
per day (not to exceed $600) and shall not be credited to the
employee's vacation leave bank.
I
Section 7. All full time bargaining unit employees hired
I
on or after October 1 , 1984 sha I I accrue s I ck I eave 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
i
i
(1,000) hours. Sick leave shall be cashed out at the following
i
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%
95- 96
-50-
More than 20 years of service 100%
Section 9. Pay off for accumulated sick leave shall not be
used to calculate average earnings for Pension purposes.
Section 10. Effective December 26, 1993, 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 incentive
cash bonuses shall be subject to applicable federal taxes, but
shall not be included for calculating pension.
ARTICLE 32
ILLNESS IN FAMILY
Section 1. Ali 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
-51_ 95- 96
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 III
or Injured person is an actual dependent member of the employee's
household.
ARTICLE 33
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
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, 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
-52- 9 5 - 96
certificate will be attached to the form provided by the City and
submitted to the Personnel Management Department. Failure to
produce the death certificate will result in the employee
reimbursing the City for any days taken under this Article. Any
employee found to have falsified his application for a "K" day
will result in his or her dismissal.
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 34
BLOOD DONORS
Section 1. Employees who volunteer as blood donors to
contribute to a City supported Blood Donor Organization will be
authorized the paid absence necessary to accomplish this purpose.
The Blood Donor Organization's personnel will determine what
amount of time the donor will need from the point of donation
till the time he is released to go back to work.
ARTICLE 35
JURY DUTY
Section 1. Employees shall be carried on leave of absence
with pay for actual working time lost when called to serve on
-53- 95- 96
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 Jury duty pay 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 of thirty dollars ($30) per day In the
payroll period following the week in which the employee was on
Jury Duty.
Any changes by the Courts in the above fees
shall be reflected in the employee's paycheck as they occur.
-54- 95- 96
-5�
ARTICLE 36
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.
Good Reason: A leave without pay may be
granted for a good 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
-55- 95- 96
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 must
use all vacation, earned personal leave, and compensatory leave
prior to taking a leave without pay unless such requirement Is
prohibited under the Family and Medical Leave Act. 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. Leave of absence without pay during the required
probationary period of service shall extend the probationary
period the length of time used during. the said leave of absence
without pay.
Section 5. The acceptance of another position or engaging
In other employment by the bargaining unit employee while"on a
leave of absence without pay shall be deemed a voluntary
resignation from the service of the City of Miami.
ARTICLE 37
INCARCERATED EMPLOYEES
Section 1. Effective upon Union ratification of the labor
agreement, the following procedures shall apply to employees who
i
+ have been arrested and/or Incarcerated.
-56- 9 5 - 96
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 vacation time,
compensatory time or earned personal leave time, not to
exceed twenty-flve (25) calendar days. If the employee
has not bonded out and presented themselves ready for
work in twenty-five (25) calendar days, he or she will
be presumed to have resigned and will be dropped from
the departmental records and shown as a resignation.
3) Should the arrest of the employee be of so severe a
crime or heinous In nature, Management, after
consultation with the Union Business Manager, employee
Union representative or his/her designee may suspend
the employee without pay until adjudication of the case.
4) If the employee wins his or her case, Management is not
precluded from reinstating the employee or taking
administrative action arising out of the arrest and
trial consistent with applicable rules and regulations.
-67- 95- 96
ARTICLE 38
WORK INCENTIVE PLAN
Section 1. It is agreed between the parties that
bargaining unit personnel assigned to the Garbage, Recycling and
Rubbish Collection shall 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
when the completion of the route has been satisfactorily
accomplished prior to the normal assigned work day being
terminated.
Section 2. If an assigned route has not been
satisfactorily accomplished as determined by Management prior to
the end of the normal assigned work day, the employees will
complete the route on the following day. Should the preceding
day's route not be completed on the second day and/or the second
day's route not be completed, the employees' pay shall be reduced
by the number of hours between the last time shown on the
employees' Daily Work Sheets and the end of the normal tour of
duty for both the preceding day and that day. If at the end of
the second day the route is still Incomplete, the employees will
report this to their supervisor and the supervisor may assign the
employees to report at the regular starting time on the next day
to complete the route. Further, no overtime shall be paid for
completion of the unfinished route(s).
Section 3. Should the Department Director determine the
Work Incentive Plan in its entirety or in part is detrimental to
-58- 95- 96
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 Division shall
designate and have the right to change the starting times of all
work assignments.
The following starting times will apply hence
forth. Should Management desire to change said starting times,
they will notify the Laborer's International Union of North
America 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.
Sanitation Inspection Shift A 7:00 a.m.
Sanitation Inspection Shift B 9:00 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 Laborer's International Union of
North America disagree with the change of shift time, they may
express their concerns to the Department Director. If the
-59- 95- 96
disagreement over the schedule change Isn't resolved, the dispute
may be appealed to the City Manager whose decision will be final
and binding upon the parties. The City Manager's decision will
not be subject to the grievance procedures contained herein or
any other administrative review.
ARTICLE 39
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
Section 1. In an effort to Identify and eliminate on or
off duty controlled substance/alcohol abuse, urinalysis/
evidential breath test (evidential breath tests (EBT) shall be
utilized solely for testing alcohol content) shall be
administered as provided herein:
A. As a part of a scheduled physical examination.
B. Following any vehicular accident occurring on -duty, on
an off -duty job or travelling 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.
-60-
95- 96
P
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
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. Urine or EBT 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 LIUNA 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 LIUNA is notified of a positive drug test to
request a second test. 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 "same" original sample if enough of the
original example exists.
-61- 95- 96
C. Strict chain of custody of the sample will apply for
transfer of the sample to the second lab. Such chain
of custody will be developed by management in
consultation with the two labs.
D. All second testing calibration and lab protocol
practiced by the first lab will be followed by the
second lab including cut off scores in the 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 22 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 8 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
-62- 95 - 96
the employee's conduct in connection with the substance/alcohol
abuse amounts to conduct for which the City may otherwise
discipline the employee, the City may take action prior to
knowing of a positive test result.
Section 10. Once the Department has determined that an
employee Is to be tested, the employee will be relieved of duty
and may elect to use vacation, compensatory time or earned
personal leave until such time the employee is returned to work
as a result of a negative test, enters rehabilitation as provided
herein or is disciplined.
Section 11. The LIUNA 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 LIUNA.
REHABILITATION
Section 12. In the event that the results of the
urinalysis/blood 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
-63- 9 5 - 96
(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 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
-64- 95- 96
screenings per twelve (12) month period. Employees
testing positive on an initial random test shall be
entitled to a second test as outlined In Section 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 Section 5 of this article.
Employees whose sample test positive on confirmatory
test or refuse to be tested shall be terminated from
employment with the City.
F. Employees who are terminated for failure to meet the
requirements of rehabilitation as described herein
shall have no appeal rights through Civil Service, the
grievance procedure or any other forum.
Section 13. The Omnibus Transportation Employee Testing
Act of 1991 shall apply to all bargaining unit employees who
fall within the definition -of covered employees as described
within the Act. The provisions of this Article shall be
followed to the extent they do not violate the Act.
Section 14. The testing laboratory shall be licensed by
the State of Florida as a clinical laboratory specializing in
the analysis of body fluids for drugs and alcohol.
-65- 9 5 - 96
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
I
the State of Florida.
Section 17. Participation In the College of American
i
Pathologists Proficiency Testing Program would be a desirable
i qualification of the testing laboratory. Said lab licensed
directors should have experience In spectroscopy toxicology and
i
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.
i
INITIAL TESTS - URINE
Section 19. The initial testing shall use an immunoassay
I
+ method which meets the requirements of the Food and Drug
I
Administration for commercial distribution.
Section 20. The following cutoff concentrations shall be
i
applicable to determine whether specimens are negative or
i
j positive for the following drugs or classes of drugs utilizing
I
the initial test procedure:
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R
Total Cannabinoid Metabolites
Total Cocaine Metabolites**
Opiates
Phencyclidine
Barbiturates
Benzodiazepines
Amphetamines
Methaqualone
Initial Test Level (ng/ml)
40
50
1000
25
300
300
1000
750
CONFIRMATORY TEST - URINE
Section 21. All specimens identified as positive by the
initial test shall be confirmed using gas chromatography/mass
spectrometry (GC/MS) techniques. GC/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
Benzodiazepines
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95- 96
Amphetamines
Methaqualone
These concentrations are subject to revision
with changes in convention or technology. The laboratory must
be able to document its performance at the cutoff level by the
use of quality control, both open and blind.
Proper chain of custody controls shall always
be enforced during confirmation testing. Authorized
confirmation technicians shall sign the chain of custody form
and be responsible for each urine specimen to be tested. The
laboratory shall include sufficient safeguards to ensure that
unauthorized personnel are prevented from gaining access to the
confirmation laboratory.
EXPEDITED ARBITRATION
Section 23. It Is anticipated as soon as possible after
ratification of the Labor Agreement between the City of Miami
and the Laborer's International Union of North America, the
Business Manager 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
-68- 9 U- 96
i
LM
reasonable belief to require the employee to take the test. If
the Umpire rules there was reasonable belief to require the
employee to take the test, the Union will pay the cost of the
Umpire if the Union processed the grievance. If the grievant
processed the grievance on his/her behalf, he/she will pay the
cost of the Umpire.
Section 25. It is anticipated that an expedited hearing
would be held before the Umpire under the American Arbitration
Association rules of expedited arbitration and no post hearing
briefs would be filed. The drug grievance will be submitted
directly to arbitration and will be heard no later than three
(3) calendar days after the employee was required to take the
Alcohol/Controlled Substance test. The Umpire will rule at the
close of the hearing and an oral response from the Umpire will
be sufficient to settle the grievance.
Section 26. The two Umpires shall serve from year .to year
and shall be appointed by a letter Jointly signed by' the
Business Manager 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
-69- 9 5 - 96
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 40
RESIDENCY
Section 1. Employee residency within the City of Miami
will benefit both Its citizens and those public employers
servicing the Miami community. City residency will: (1) Insure
the City employees, as citizens, will be affected by the quality
of their own work; (2) Promote better public relations by
building contacts with the community through Its City employees;
(3) Increase visibility of governmental services in the
community; (4) Install a sense of belonging to the community
among Its employees; (5) Make City employees more sensitive to
community Issues and needs; and (6) Insure that at least some
public payroll money is spent within the boundaries of the City's
jurisdiction.
Section 2. Upon ratification of the reopener Agreement,
all newly hired bargaining unit members must be residents of the
City of Miami from date of hire and as a condition of their
continued employment with the City of Miami have their domicile
within City boundaries and be bona fide residents of the City for
the life of their employment with the City.
-70- 95- 96
Section 3. Those bargaining unit members hired' after
ratification of the reopener Agreement who decline to become
residents of the City of Miami or are found to maintain residency
outside City boundaries shall be notified in writing of their
failure to comply with this requirement and shall be dismissed
from the employ of the City.of Miami.
Section 4. Current bargaining unit members who are not
residents of the City of Miami as of ratification shall be
allowed to maintain their residency outside the City of Miami for
the life of their employment with the City should the bargaining
unit member choose to do so.
Section 5. Any employee hired after ratification of the
reopener Agreement who is terminated for falling to maintain
residency within the City of Miami boundaries as provided within
this article shall have the right of appeal through Civil Service
or the grievance procedure as -provided in this labor agreement.
If the employee is found guilty of violating this article, the
Civil Service Board and any arbitrator shall have no discretion
to alter the penalty of dismissal.
ARTICLE 41
RETIREMENT INCENTIVE PROGRAM
Section 1. Upon ratification of this Agreement, the City
will provide to all employees eligible for service retirement a
one (1) time window period in which to apply under this
Retirement Incentive Program. Any employee who does not exercise
the option to retire during this window period shall not be
95- 96
eligible for any incentives provided under this early retirement
program. Should an eligible employee opt to retire under this
Retirement Incentive Program, he/she shall be entitled to the
following:
1. Three (3) years of service credit. The three (3) years
of service credit may be used to qualify a non -eligible
employee under the Rule of 70 and any portion in excess
of three (3) years will enhance the retirement benefit.
For those that are currently eligible under the Rule of
70, the three (3) years of service credit will be
applied to their service retirement.
2. One (1) year paid health Insurance coverage of the type
that the employee is currently enrolled with the City.
The health insurance coverage shall be of the same
quality that is presently afforded retirees.
ARTICLE 42
PREVAILING BENEFITS
Section 1. Job benefits heretofore authorized by the City
Manager continuously enjoyed by all employees covered by this
Agreement as of September 30, 1973, and not specifically provided
for or abridged by this Agreement, shall continue upon the
conditions by which they had been previously granted.
Section 2. Provided, however, nothing in this Agreement
shall obligate the City to continue practices or methods which
are unsafe, obsolete, Inefficient or uneconomical.
95- 96
-72-
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 43
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.
-73- 9 5 - 96
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 44
PROVISIONS IN CONFLICT WITH LAW
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.
95- 96
-74-
ARTICLE 45
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,
1994. The Agreement shall continue In full force and effect
until 11:59 p.m., September 30, 1997.
Section 2. On or before April 1, 1997, the 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, 1997, the parties shall
present each other with a list of proposals It desires to
negotiate, together with specific language describing Its
proposals.
Section 4. initial discussions shall thereafter, and no
later than June 1, 1997, be entered into by the City and the
Union.
95- 96
-75-
AGREED to this day of ,
1996, by and between the respective parties through an authorized
representative or representatives, of the Union and by the City
Manager.
ATTEST: LABORER'S INTERNATIONAL UNION OF
NORTH AMERICA, AFL-CIO LOCAL *800
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
CITY CLERK
City Manager
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
95- 96
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APPENDIX A
CLASS
CODE
NUMBER
CLASS
TITLE
7030
Sanitation Inspector 1
3448
Sanitation Shop Maintenance Worker
3017
Waste
Collector/Garbage
3020
Waste
Collector/Trash
3108
Waste
Collector Operator 1
3109
Waste
Collector Operator II
3110
Waste
Equipment Operator
SALARY
RANGE
NUMBER
200
21D
19D
19D
20D
21D
22D
95- 96
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CLASS
CODE
NUMBER
7032
3022
7031
3026
3025
APPENDIX B
CLASS TITLE
Chief Sanitation Inspector
Sanitation Supervisor
Sanitation Inspector II
Waste Collection Superintendent
Assistant Waste Collection Superintendent
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95- 96
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM 32
TO : Honorable Mayor and Members
of the ity Commission
FROM : Cesar H. Odio
City Manager
RECOMMENDATION:
DATE : January 31, 1995 FILE :
SUBJECT : Resolution Ratifying Labor
Agreement Between City of
Miami and the Laborer's
REFERENCES: International Union of
North America, Local 800
ENCLOSURES:
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 employee organization
known as the Laborer's International Union of North America, Local 800 for the period of
October 1, 1994 through September 30, 1997 per the attached resolution.
BACKGROUND:
Under Florida Statutes, Chapter 447, the City is required to bargain collectively with the
certified bargaining representatives of the Laborer's International Union of North America
(LIUNA). The City and the representatives of the LIUNA have been meeting since
September 28, 1994 in an effort to reach an agreement acceptable to both sides.
As a result of those negotiations, the City and the LIUNA have agreed to a three year
agreement providing for a cash bonus payment of $400 effective June 1, 1995, $300
effective October 1, 1995, and $500 effective October 1, 1996. These bonus payments are
not included in wages for pension purposes. Upon ratification of the labor agreement,
employee group health premiums will be reduced from $27.00 to $10.00 biweekly for
single coverage and from $69.33 to $50.00 biweekly for family coverage.
LIUNA has also agreed to support any reorganizational changes that will increase the
efficiency of the division. As result, the budget of the Solid Waste division will not exceed
$16 million per year by contract. In exchange for the LIUNA's cooperation and support
the City will not pursue privatization of the Solid Waste Division for the term of the
agreement.
In addition to the above mentioned provisions, the City and LIUNA agreed to a one time
Retirement Incentive Program. Should an employee elect to retire under this Retirement
Incentive Program, the City will provide three (3) years of service credit and one (1) year
of paid health insurance coverage. The three (3) years of service credit will be applied to
95- 96 U-1
CIi Y MANAUER'S UFFIGE
RECEIVED
I_GISLI T►','!" AT11'11STRATIoN
94 JAN 31 PM 12: 25
r
Honorable Mayor and ..embers
of the City Commission
Page 2
the service time of an employee currently eligible under the Rule of 70 and may also
qualify a non -eligible employee under the Rule of 70. Assuming 100% participation, the
Retirement Incentive Program will increase the City's annual pension costs beginning
FY'95-96 by $1,010,000 and provide a salary savings to the City of $1,563,680 for
FY'94-95 and a salary savings of $4,065,561 annually thereafter.
cc; Law Department
Budget Department
95' 96
Q•l
FROM :
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Cesar H. Odio
City Manager
R. Sue Weller
Labor Relations Officer
DATE : January 26, 1995 FILE :
SUBJECT : Contract Settlement with
Laborer's International Union
of North America, Local 800
REFERENCES:
ENCLOSURES:
The City's
negotiating team successfully
concluded contract
negotiations
with the Laborer's International Union
of North
America, Local 800 on January 20, 1995.
The
contract
that was
agreed upon
Is a three year agreement and
is
effective
October 1,
1994 through
September 30, 1997.
A summary of
the more significant changes
and their
estimated
cost impact
is'displayed below:
Article No.
Subject
Cost Increase
21
Wages: Provides for a
FY'94-95
$ 125,200
$400 cash bonus on June
1, 1995; a $300 cash
FY'95-96
$ 93,900
bonus on October 1, 1995;
and a $500 cash bonus on
FY'96-97
$ 156,600
October 1, 1996.
28
Group Insurance: Provides
FY'94-95
$ 87,945
for reduction in employee
premiums for term of
FY'95-96
$ 109,759
contract of $27 to $10
for single coverage and
FY'96-97
$ 97,560
$69.33 to $50 for family
coverage.
41
Retirement Incentive Pro-
FY'94-95
($1,563,680)
gram: In addition to the
current 5% salary
FY'95-96
($4,065,561)
Increase upon retirement,
this Agreement provides
FY'96-97
($4,065,561)
for a one time retirement
Incentive window granting
three (3) years of
service credit and one
(1) year paid health
Insurance coverage. The
95- 96
5
Cesar H. Odio
City Manager
Page 2
City anticipates salary
savings as a result of
the retirement Incentive
(based upon 100%
participation).
Three (3) years of FY'94-95 $ 0
service credit upon
retirement (based upon FY'95-96 $1,010,000
100% participation)
FY'96-97 $1,010,000
Health Insurance coverage FY'94-95 $ 98,950
for one ( 1 ) year (based
upon 100% participation). FY'95-96 $ 138,530
FY'96-97 $ 0
Estimate of Total FY'94-95 Savings: $1,251,585
Estimate of Total FY'95-96 Savings: $2,713,372
Estimate of Total FY'96-97 Savings: $2,801,511
This contract provides for the Laborer's international Union of
North America's (LIUNA) pledge to support any reorganizational
changes and reduce costs of the Solid Waste Division to 16
million dollars for each year of this Agreement. in exchange for
the LIUNA's cooperation and support the City will not privitize
for the term of this agreement.
Should any personnel in the Solid Waste Division be laid off
during the term of this Agreement and the City determines that It
requires additional manpower, personnel on layoff will be given
an opportunity to fill a position in the Solid Waste Division in
accordance with Civil Service Rules and Regulations. Based on
the City's needs, qualified employees on layoff will be
considered for vacant part-time and temporary positions within
the City.
We anticipate submitting the contract to the City Commission for
ratification on February 9, 1995.
cc. Manohar Surana, Assistant City Manager
95- 96