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HomeMy WebLinkAboutR-95-0223J-95-236 3/16/95 RESOLUTION NO. 9 5— 223 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1998, UPON THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a Collective Bargaining Agreement ("Agreement"), in substantially the attached form, between the City of Miami and the employee organization known as the Miami General Employees' h American Federation of State, County and Municipal Employees, Local 1907, AFL-CIO, for the period of October 1, 1995 through September 30, 1998, upon the terms and conditions set forth in the attached Agreement. i Section 2. This Resolution shall become effective s' immediately upon its adoption. r.__�_.------ CITY COMMISSION MEETING OF, ro �� MAP, 2 7 1995 ', ! Resolution No. j 223 1 PASSED AND ADOPTED this 27th ATTEST: V J.ii VJJ 1l141� PR�FPQRED AND APPROVED BY: RAMON I] ASSISTA7 0 ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A."QUINN JdAS, III CITY ATTO EY RI:csk:M5001 - 2 day of March 1995. S EPHEN P. CL MAYOR 35- 223 AGREEMENT BETWEEN CITY OF MIAMI, MIAMI, FLORIDA AND MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO October 1, 1995 -- September 30, 1998 95- 223 •EVOR, v Waz__ ARTICLE PAGE ACCIDENT REVIEW BOARD . . . . . . . . . 46 79 ADDENDUM NO. 1 MEMORANDUM OF UNDERSTANDING RE: ARTICLES OF THE BOARD OF DIRECTORS OF THE CITY OF MIAMI BUILDING AND VEHICLE MAINTENANCE DIVISION. . . . . 87 AGREEMENT . . . . . . . . . . . . . . . 1 ANNIVERSARY INCREASE. . . . . . . . . . 19 31 APPENDIX A . . . . . . . . . . . . . . . 93 APPENDIX B . . . . . . . . . . . . . 111 ATTENDANCE AT MEETINGS/TIME POOL. . . . 8 9 BLOOD DONORS . . . . . . . . . . . . . . 34 57 BULLETIN BOARDS . . . . . . . . . . . . 12 15 CALL BACK PAY . . . . . . . . . . . . . 30 54 COMMENDATION PAID LEAVE . . . . . . . . 32 56 CONTRACT DISTRIBUTION . . . . . . . . . 10 15 DEATH IN FAMILY . . . . . . . . . . . . 42 76 DISCHARGE AND DISCIPLINE. . . . . . . . 16 25 DISCRIMINATION . . . . . . . . . . . . . 6 7 DUES CHECKOFF . . . . . . . . . . . . . 13 16 EARNED PERSONAL LEAVE . . . . . . . . . 45 79 EMPLOYEE EVALUATION . . . . . . . . . . 18 30 EMPLOYEES BILL OF RIGHTS. . . . . . . . 15 24 EMPLOYEES ACTING WITHIN SCOPE OF AUTHORITY . . . . . . . . . 20 34 FAMILY LEAVE AND LEAVE WITHOUT PAY. . . 40 73 GRIEVANCE PROCEDURE . . . . . . . . . . 14 18 GROUP INSURANCE . . . . . . . . . . . . 26 46 HOLIDAYS . . . . . . . . . . . . . 44 78 JOB BASIS/OVERTIME/COMPENSATORY TIME. . 25 44 JURY DUTY/COURT APPEARANCE. . . . . . . 31 54 LABOR/MANAGEMENT PARTNERSHIP COMMITTEES . . . . . . . . . . . . . 41 74 LEAVE BALANCE PAYOFFS . . . . . . . . . 52 84 LINE OF DUTY INJURIES . . . . . . . . . 23 35 LOSS OF EMPLOYMENT. . . . . . . . . . . 17 28 MANAGEMENT RIGHTS . . . . . . . . . . . 4 4 MILITARY TRAINING LEAVE . . . . . . . . 43 77 NO STRIKE . . . . . . . . . . . . . . . 5 6 NOTICES . . . . . . . . . . . . . . . . 11 15 OVERTIME DISTRIBUTION . . . . . . . . . 50 82 PARKING . . . . . . . . . . . . . . . . 33 56 PREAMBLE . . . . . . . . . . . . . . . . 1 PREVAILING BENEFITS . . . . . . . . . . 7 9 RECOGNITION . . . . . . . . . . . . . . 1 1 REPRESENTATION OF THE CITY. . . . . . . 2 2 REPRESENTATION OF THE UNION . . . . . . 3 2 95- 223 i 7 AGREEMENT This Agreement, entered into this day of 1995, between the City of Miami (hereinafter referred to as the "City") and the MIAMI GENERAL EMPLOYEES AFSCME LOCAL 1907, AFL-CIO, (hereinafter referred to as the "Union"). •' su: A WHEREAS, it is the intention of the parties to this Agreement to set forth herein the entire agreement of -the parties concerning matters which are within the scope of negotiation: NOW, THEREFORE, the parties do agree as follows: ARTICLE 1 RECOGNITION 1.1 Pursuant to and in accordance with all applicable provisions of Chapter 447, Florida Statutes, as amended, the City recognizes the Union as the, exclusive bargaining representative for all employees included in the bargaining unit. 1.2 The bargaining unit is as defined in the Certification issued by the Florida Public Employees Relations Commission on June 6, 1978, Certification #408, which includes all the classifications listed in APPENDIX A of the Agreement and excludes all classifications listed in APPENDIX B of the Agreement. 95- 223 -1- ARTICLE PAGE RESIDENCY . . . . . . . . . . . . . . . 47 80 REST PERIODS . . . . . . . . . . . . . . 22 35 SAFETY SHOES . . . . . . . . . . . . . . 27 48 SAVINGS CLAUSE . . . . . . . . . . . . . 49 81 SECURITY OPERATIONS . . . . . . . . . . 36 59 SENIORITY . . . . . . . . . . . . . . . 51 83 SICK LEAVE. . . . . . . . . . . . . 37 59 SICK LEAVE COMMITTEES/POOL. . . . . . . 38 63 TARDINESS . . . . . . . . . . . . . . . 39 72 TERM OF AGREEMENT . . . . . . . . . . . 53 85 TOOL ALLOWANCE . . . . . . . . . . . . . 28 50 TOTAL AGREEMENT . . . . . . . . . . . . 48 80 TUITION REIMBURSEMENT . . . . . . . . . 29 51 UNION STEWARDS . . . . . . . . . . . . . 9 13 VACATION . . . . . . . . . . . . . . . . 35 57 WAGES . . . . . . . . . . . . . . . . . 24 39 WORKING OUT OF CLASSIFICATION . . . . . 21 33 95- 223 ii ARTICLE 2 REPRESENTATION OF THE CITY 2.1 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. The City Manager or his designee shall have sole authority to execute an agreement on behalf of the City upon being directed by official resolution of the City Commission. 2.2 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 of authority in committing or in any way obligating the City. ARTICLE 3 REPRESENTATION OF THE UNION i 3.1 The Union shall be represented by the President of the Union, or by a person designated in writing to the City Manager by the President of the Union. The identification of representatives shall be made each year at least fifteen 15 P Y i ) calendar days prior to April 1st. Said designation shall be accompanied by an affidavit executed by said President that the Union has complied with all requirements of State law in effect at that time with respect to registration of the Union. i 3.2 The President of the Union, or the person designated by 'said President, shall have full authority to conclude an 95- 223 -2- agreement on behalf of the Union subject to a ratification. It is understood that the Union representative is the official representative of the Union for the purpose of negotiating with the City. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the Union, shall be deemed unautnorizea ana shall have no weight of authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of the President of the Union or of any certified representative of the Union. 3.3 The Union may be represented at negotiation sessions by not more than four (4) designated employee representatives. The -four (4) employee representatives may be permitted to attend negotiation sessions on duty with no loss of pay or emoluments except that if one of the four (4) employee representatives is the Union President on full time release in accordance with the terms of Article 8, Attendance at Meetings/Union Time Pool, then only three (3) employees may be released from duty with no loss of pay or emoluments. If two (2) of the four (4) employee representatives is the Union President -and the full-time release designee, then only two (2) employees may be released from duty with no loss of pay or emoluments. 95- 223 -3- ARTICLE 4 MANAGEMENT RIGHTS 4.1 The Union agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects; and the powers or authority which the City has not officially 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 service 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, 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 or funds; to determine the location, methods, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish job pay positions; to change or eliminate existing methods of operation, equipment or facilities.g _ 223 -4- 14., 4.2 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. This shall not prohibit the Union from expressing its views to the legislative body at the public budget hearing. 4.3 The City shall enforce and comply with the provisions of the Agreement so as not to violate the City Charter or the existing Civil Service Rules and Regulations (Ordinance 8977 as amended). 4.4 Those inherent managerial functions, prerogatives and policy -making rights which the City has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained herein. 4.5 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City of Miami. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. 4.6 Whenever the employer exercises a right or privilege contractually reserved to it or retained by it, the employer shall not be obligated to bargain collectively with respect to the effect or impact of that exercise on individual bargaining unit members or on the unit as a group, or to postpone or delay effectuation or implementation of the management decision involved for any reason other than an express limitation contained in this Agreement. -5- 95- 223 4.7 For the term of this agreement the City agrees that the reassignment or transfer of bargaining unit employees will not result in a reduction or "red -circling" of an affected employee's salary. ARTICLE 5 NO STRIKE 5.1 "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, 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. 5.2 Neither the Union -nor any of its officers, agents, and members, nor any Union 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 or any other interruption of the operations of the City. 5.3 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 F.S. 447.505 and the Constitution of the State of Florida, Article I, Section 6. Accordingly, the 95- 223 OX. Union, its officers, stewards 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 publicly. 5.4 Any or all employees who violate any provision 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 be appealable to the Civil Service Board. ARTICLE 6 DISCRIMINATION 6.1 The City and the Union agree that the provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. 6.2 All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. 6.3 The City agrees not to interfere with the right of the employees to join or not join the Union, and there shall be no 95- 223 -7- discrimination, interference, restraint or coercion by the City or the Union because of Union membership or non -union membership. 6.4 The Union recognizes its responsibilities as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. ' 6.5 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 14 - Grievance Procedure, but shall be subject to the method of review prescribed by law or rules and regulations having the force and effect of law. 6.6 The Union, in accordance with State law, shall not be required to process the grievance of a non -union member. 6.7 The Union agrees to support the City's. current Affirmative Action Program and any other similar affirmative action programs affecting employees which may be developed by the City in consultation with the Union. 6.8 Nothing in this Article or elsewhere in this Agreement shall prevent the City from implementing the terms of the current Consent Decree and Memo of Understanding or any future legal mandates placed upon the City by applicable laws. 6.9 The parties agree to abide by the law with respect to modification of the City's affirmative action plan. 95- 223 UNA, ARTICLE 7 PREVAILING BENEFITS 7.1 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. 7.2 Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unsafe, obsolete, inefficient or uneconomical. Disputes over the application of this Section may be subject to the Grievance Procedure. 7.3 If the City desires to change such job benefits, the matter shall be negotiated between the City and the Union in accordance with Chapter 447, Part II, Florida Statutes. ARTICLE 8 ATTENDANCE AT MEETINGSJUNION TIME POOL 8.1 The President of the Union or a designated representative shall be allowed to attend regular meetings and special meetings of the City Commission, State or National Union Conventions, the Civil Service Board, the Affirmative Action Advisory Board and the Pension Plan Board. Time off for the Union President or any other bargaining unit employees to attend these or other similarly approved meetings will be in accordance with Section 2 of this Article. 8.2 A Union time pool is hereby authorized subject to the following: 9 5 - 223 04" A. The City agrees to establish an annual time pool bank of 3,500 hours to be used in accordance with the provisions of this Article. All unused hours will be carried over to the following calendar year. B. For each bargaining unit member, except the Union President, or a designee, when on full time release, who is authorized to use time from the Union time pool, the President shall fill out the appropriate form as provided for by the City. This form shall be processed through channels of the bargaining unit member who is to use the pool time. The form must be processed so that a copy shall be in the Office of Labor Relations a minimum of seven (7) calendar days prior to the time the bargaining unit 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 President shall then forward a detailed explanation to the Labor Relations Officer as to why the seven (7) day rule was not met. C. Bargaining unit members 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 a bargaining unit member cannot be released at the time desired, the Union may request an alternate bargaining unit member be released from duty during the desired time. -10- 95- 223 4, D. In reporting a bargaining unit member's absence as a result of utilizing the Union Time Pool, the daily attendance record shall reflect: "Bargaining Unit Member Doe on AL" (Authorized Leave) E. Any injury received or any accident incurred by a bargaining unit member whose time is being paid for by the Union time pool, or while engaged in activities paid for by the Union time pool, except the Union President and the designee when on full-time release 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. F. Upon written request to the Labor Relations Officer, the President of .the Union, and a designee will be released for the term of this Agreement from his or her regularly assigned duties for the City. The terms of this agreement for such release are only to be implemented if the following qualifications are met by the Union: 1. The Union President, and the designee, will reasonably be available through the Union office currently located at 4011 W. Flagler Street, Suite 405, Miami, Florida 33134, for consultation with the Management of the City of Miami. 95- 223 -11- 2. No requests to attend meetings at the City's expense as the Union representative will be made to the City by the Union, its officers, agents or members. 3. The Time Pool will be charged for all hours during which the Union President and the designee are on off -duty, except that absence due to use of vacation leave, sick leave, earned personal leave, holidays, or compensatory leave will be charged to the President's employee accounts. G. On no more than one occasion per month, the Union Executive Board may meet during their scheduled work shift for a period not to exceed four (4) hours. At no time will more than eight employees be released to attend such meetings, and the Time Pool shall be charged a minimum of four (4) hours for each employee who attends such meetings. Release of employees for this purpose shall be conditioned upon compliance with other provisions of this Article. 8.3 All applicable rules, regulations and orders shall apply to any bargaininig unit member on time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the bargaining unit member on pool time to regular disciplinary processes. 8.4 The City reserves the right to rescind the provisions of this Article in the event any portion of the Article is found to be illegal. Cancelling the Article shall not preclude further negotiations of future employee pool time. 9 5 - 223 -12- 8.5 Except as provided above, bargaining unit members who attend administrative or judicial. hearings shall not be compensated by the City unless such attendance is on behalf of and at request of the City. ARTICLE 9 9.1 Employees within the bargaining unit shall be represented by Stewards in areas of the City employment in the number and manner set forth in Section 9.7. The Union shall furnish Management a list of the Stewards' and alternate Stewards' names and their assigned areas, and shall keep the list current at all times. 9.2 When requested by an employee, a steward may only investigate any alleged or actual grievance in his assigned steward area as provided in Section 9.7. He shall be allowed reasonable time therefor during working hours without loss of time or pay upon notification and approval of his immediate supervisor outside the bargaining unit. Such release time will be granted consistent with the needs of the service but will not unreasonably be withheld. 9.3 Union business, other than that cited above, shall be conducted so as not to interfere with the work assignment of stewards or any other employees. 9.4 A non -employee Union Representative may consult with employees in assembly areas before the start of each work shift or after the end thereof. 95- 223 -13- 9.5 Should an employee covered by this Agreement be released on the Attendance at Meetings/Union Time Pool Article said employee may substitute for the steward, but in no event shall the steward and an employee released on Time Pool both investigate the same grievance or appear for the meeting called to resolve the grievance. Should the Union President desire the Union Steward, as described in Section 9.2, to attend a Step 3 grievance meeting, the steward may be released to attend said meeting with any time loss to be charged to the Union Time Pool. 9.6 An alternate steward may be appointed for each steward as provided for and assigned in Section 9.7. The alternate steward will be utilized by management when management is unable to reach the union steward or the union steward cannot be spared for•the assigned duties at the time and all provisions of this Article shall apply to alternate stewards as well as regular stewards. 9.7 Responsibility areas (location) and number of Union Stewards: A. Dinner Key offices and Recreation Personnel (1) B. Police Department Building and Motor Pool Annex (1) C. Hickman Building (Administration Building) (1) D. Parks Operations, Public Works Operations, Golf Courses (2) E. All General Services Administration Divisions, and Department of Solid Waste (2) F. Municipal Justice Building, Fire Garage, and Stadiums (1) G. Watson Building and All Downtown Offices (1) 9 5 - 2 2 3 -14- ARTICLE 10 CONTRACT DISTRIBUTION 10.1 The employer agrees to furnish copies of this contract to each department head where Union members are employed and said department heads shall make the contract available for employee examination at employee's request. ARTICLE 11 NOTICES 11.1 The City agrees to provide to the Union President or his designee the following: Agendas of regular and special City Commission meetings (except where exempt by applicable law), regular and special Pension Board meetings, regular and special Civil Service Board meetings and hearings, and the minutes of regular and special City Commission meetings (except where exempt by applicable law). ARTICLE 12 BULLETIN BOARDS 12.1 The City shall provide bulletin board space which 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 (including the Union Political Action Committee) 12.2 Notices or announcements shall not contain anything 95-- 223 -ls- Y.W., political or reflecting adversely on the City or any of its officials or employees; notices or announcements which violate the provisions of this section shall not be posted. This shall not preclude endorsements for the Civil Service Board or the Pension Board. Notices or announcements posted must be dated and must bear the signature of the Union President or his/her designee. In the event any non -Union material is posted on the bulletin board, it shall be promptly removed by a representative of the Union or by a representative of the City. ARTICLE 13 DUES CHECKOFF 13.1 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 Union 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. 13.2 This Article applies only to the deduction of membership dues and uniform assessments, if any, and shall not apply to the collection of any fines, penalties, or special 95- 223 assessments. -16- p*;, 13.3 Deductions of dues and uniform assessments, if any, shall be remitted by the City during the week following each biweekly pay period to a duly authorized representative as designated in writing by the Union. The City shall deduct from the remittance an amount for the cost of dues checkoff. The amount will be calculated at two ($.02) cents for each employee deduction, each payroll period, and ten ($.10) cents for each addition or deletion to the checkoff register. 13.4 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. 13.5 Deductions for the Union dues and/or uniform assessment shall continue until either: 1) revoked by the employee by providing the City with thirty (30) days' written notice that he/she is terminating the prior checkoff authorization, 2) the termination of the authorizing employee, 3) the transfer, promotion, demotion of the authorizing employee out of this bargaining unit, or 4) the revocation or suspension of dues deduction as certified by the duly authorized Union representative. 13.6 The Union shall indemnify and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for 95- 223 -17- 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. 13.7 The City will not deduct any Union fines, penalties or special assessments from the pay of any employee. 13.8 The dues checkoff authorization form provided by the City shall be used by employees who wish to initiate dues deduction. ARTICLE 14 GRIEVANCE PROCEDURE 14.1 It is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances arising from the application -or interpretation of this Agreement. 14.2 A grievance is any dispute, controversy or difference between (a) the parties, (b) the City and an employee or employees on any issues with respect to, on account of, or concerning the meaning, interpretation or application of this Agreement or any terms or provisions thereof. 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 or that contains nonidentification of specific violations of the Agreement shall be denied and not eligible to advance through the steps of the Grievance Procedure, including arbitration. 9 223 -18- 14.3 Nothing in this Article or elsewhere in this Agreement shall be construed to permit the Union to process a grievance (a) on behalf of any employee without his consent, or (b) with respect to any matter which is the subject of a grievance, appeal, administrative action before a governmental board or agency, or court proceeding, brought by an individual employee or group of employees, or by the Union. It is further agreed by the Union that employees covered by this Agreement shall make an exclusive election of remedy prior to filing a 2nd step grievance or initiating action for redress in any other forum. Such choice of remedy will be made in writing on the form to be supplied by the City. The Election of Remedy form will indicate whether_ the aggrieved party or parties wish to utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or administrative action before a governmental board, agency or court proceeding. Selection of redress other than through the Grievance Procedure contained herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for adjustment of said grievance. An employee as a condition of relying upon this contractual provision or any other Article of this Agreement in a grievance proceeding expressly waives any further statutory, constitutional or common law right to sue upon any similar claim. 14.4 The number of "working days" in presenting a grievance and receiving a reply from the different levels of supervision shall be based upon a forty (40) hour, five (S) day work week, Monday through Friday, not including City-wide holidays. Any 95- 223 _19_ 9 grievance not processed in accordance with the time limits provided below, shall be considered conclusively abandoned. Any grievance not answered by Management within the time limits provided will automatically advance to the next higher step of the Grievance Procedure. Time limits can only be extended by mutual agreement of the Union and Department Head or Labor Relations Officer. Such agreed to extensions shall be followed up in writing. 14.5 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, or when a grievance is filed due to an employee's dismissal, it shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided for the submission of a grievance in Step 1 by the Union President. The Election of Remedy form as provided in Section 3 of this Article must be completed and attached to grievances presented directly at Step 3. All grievances must be processed within the time limits herein provided unless extended in writing by mutual agreement between the Labor Relations Officer and the Union President or grieving employees. 14.6 Where an employee covered by this Agreement elects to represent himself or be represented by someone other than the Union, the City will respond through its management representatives consistent with the following steps and time limits. Said response will not be inconsistent with the Labor Agreement and a representative of the Union will be given an 95- 223 -20- opportunity to be present and receive a copy of the written response. 14.7 A grievance shall be processed in accordance with the following procedure; ,Step 1. The aggrieved employee shall discuss the grievance with his immediate supervisor outside the bargaining unit within five (5) working days of the occurrence which gave rise to the grievance. A City employee Union representative will be given a reasonable opportunity to be present at any meeting called for the resolution of such grievance. The immediate supervisor, outside the bargaining unit, shall attempt to adjust the matter and/or respond to the employee within five (5) working days. Step 2. If the grievance has not been satisfactorily resolved, the employee or the Union, representative shall complete the Election of Remedy form provided for in Section 14.3 of this Article before initiating the grievance to the second step of the Grievance Procedure. If the aggrieved party or parties elect the remedy other than the Grievance Procedure contained herein, the grievance shall be withdrawn and conclusively abandoned. When the Election of Remedy form indicates the grievance is to be advanced through the Grievance Procedure, the employee or the Union Representative shall reduce the grievance to writing on the standard form provided for this purpose and present such 95- 223 -21- 14w written grievance to the Department Head concerned within five (5) working days from the time the supervisor has given his or her oral response to Step 1. The Department Head or his designee and Management personnel concerned shall meet with the employee and the Union Representative and shall respond in writing to the Union within five (5) working days from receipt of the written grievance. Step . If the grievance has not been satisfactorily resolved in. Step 2, the employee or the Union President may present a. written appeal to the City Manager within seven (7) working days from the time the response was due in Step 2. The City Manager and/or his designee and Management personnel shall_ meet with the employee and/or the Union Representative and shall respond in writing to the Union within seven (7) working days from receipt of the appeal. Step 4. 1. If the Grievance is not settled at Step 3, it may upon written request of the Union President within seven (7) working days after receipt of reply or answer be referred to arbitration. 2. The arbitration proceeding shall be conducted by an arbitrator to be selected by the employer and the Union within ten (10) days after notice has been. given. If the parties fail to select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a 95- 223 -22- panel of five (5) arbitrators. Both the employer and the Union shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. 3. The arbitration shall be conducted under the rules set forth in this Agreement and not under the rules of the American Arbitration Association. Subject to the following, the arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrator to supersede applicable laws in existence at the time of signing this Agreement. 4. 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. -23- 95- 223 jj#.: 5. The fee and expenses of the arbitrator shall be paid by the party which loses the appeal to arbitration. Each party shall fully bear its costs regarding witnesses and representation. i 6. Copies of the award of the arbitration made in 1 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 li final and binding on both parties. 14.8 Consistent with Chapter 447.401, the Union shall not be required to process grievances or be liable for any expenses for employees covered by this Agreement who are not members of the Union. Where non-members or any employee covered by the i j Agreement elects not to be represented by the Union, written responses shall be given to the employee and to the Union. 14.9 A request for review of complaints under Civil Service Rule 16.2 may only be made by full-time classified service employees. Such requests under Rule 16.2 shall be denied where the request does not cite the applicable Civil Service Rule(s) i which is the basis of the complaint; or, where the issue relates to a matter covered by the Collective Bargaining Agreement. This section shall be limited solely to hearings under Rule 16. ARTICLE 15 EMPLOYEES BILL OF RIGHTS 15.1 When an employee has reasonable grounds to conclude that his participation in an investigatory interview will result g- 223 -24- A: in his receipt of disciplinary action, the employee may request that a Union representative be present at the interview. The employee's representative shall confine his role in the interview to advising the employee of his rights and assisting in clarification of the facts. Upon request, the City will make a reasonable effort to contact the employee's choice of representative, but shall not be obliged to delay the interview for more than thirty (30) minutes. If the individual sought is not readily available the interview shall proceed. 15.2 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 assigned work schedule, he shall be paid at the overtime rate. However, if he 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. 15.3 At the commencement of the interview, the employee shall be advised of the subject matter of the investigation. 15.4 The parties agree to abide by the law with respect to the use of polygraphs. .ARTICLE 16 DISCHARGE AND DISCIPLINE 16.1 In cases where it becomes necessary to discharge or otherwise discipline a permanent, classified employee covered by 95- 223 -25- this Agreement, a representative of management shall give notice of said discipline to the employee. Such notice of discipline shall be confirmed in writing to the employee and the Union within five (5) working days following the day of discharge or j imposition of discipline, excluding Saturdays, Sundays, holidays j and the day of occurrence. 16.2 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. 16.3 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 employee elect to grieve 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. 16.4 The process of an appeal to the Civil Service Board or a grievance under this Agreement, shall be an exclusive election of remedy by the employee and shall be a waiver of all other forums of review and due process to which the employee may otherwise be entitled. -26- 95- 223 H 16.5 Probationary employees who have been appointed to a position but who have not completed the required probationary period may be discharged or reduced in rank at any time prior to the expiration of the probationary period. Said discharged or demoted employee shall not be accorded a hearing before the Civil Service Board or access to the grievance procedure contained herein. A probationary employee may be returned to a former classification in which the employee held permanent status or be discharged if in an entrance position upon being notified in writing by the Department Director. 16.6 In acceptance of this Article, the Union, its members and agents, waive any and all rights to a pre -hearing prior to imposition of suspensions or dismissals. 16.7 Employees are subject to such examinations as may be required by the City to determine if they are under the influence of alcohol or may have been using, possessing, dispensing or selling controlled substances, unlawful, mind -altering, or non - physician prescribed drugs. Management will encourage employees to voluntarily seek help for alcohol or controlled substances abuse. Such request for assistance shall be denied if the individual seeking help is currently involved in or facing the disciplinary process. Management will attempt to enroll employees in such drug or alcohol rehabilitative programs as are available to those individuals who voluntarily come forward. 95- 223 -27- ARTICLE 17 LOSS OF EMPLOYMENT 17.1 Employees shall lose their seniority and their employment shall be terminated for the following reasons: I. Discharge if not reversed. 2. Resignation. An employee absent for a period of three (3) workdays without notification of valid reason to the City, and who has no legitimate reason for not notifying the City of his absence, may be considered as having resigned. Said resignation shall only be reviewed, if applicable, by the City Manager or his designee. An employee who voluntarily submits a resignation either orally or in writing shall have the right to withdraw said resignation for up to twenty- four (24) hours from submission. If submission occurs on a day preceding a weekend or holiday or the employee's regular day off, the employee shall have to the close of the employee's next regular working day to withdraw said resignation. 3. Unexcused failure to return to work when recalled from layoff, as set forth in the recall procedure'. 4. Unexcused failure to return to work after expiration of a formal leave of absence. 5. Retirement. 6. Layoff for a continuous period of eighteen (18) months. 17.2 Permanent employees subject to layoff shall be demoted 95- 223 4- or transferred to those classes in which the employee held previous status, consistent with Civil Service Rules and Regulations, not withstanding Article 24, Section 24.1, Wages. If the employee has ten years of full-time consecutive classified service with the City and has never held permanent status in another position, the employee may be demoted or transferred by management in accordance with his or her seniority to another position in the bargaining unit that is as close to the employee's present class and wage level as possible and which he or she is able to perform and qualified to fill. The employee must make a written request for such demotion or transfer within three (3) working days after notification of layoff. Such request shall be made to the Director of Personnel Management. Management shall have the right to determine such person's ability and qualifications to fill a position without recourse through the grievance procedure or any other appeals procedure with exception of the following. Should the individual transferred or demoted feel that the position determined by Management is not the one closest to their previous salary level for which they are qualified, the employee may appeal within three (3) working days of notice of the new assignment only to a two (2) person committee made up of the Labor Relations Officer and the Union President. The Labor Relations Officer and the Union President shall convene a meeting with the Federal Mediation and Conciliation Service Commissioner who shall review the placement and render an advisory decision to the parties. 9 5 _ 223 -29- $4., Employees transferred or demoted under this Section shall replace the least senior employee in the position which he or she occupies. If the employee's regular position subsequently t becomes available, consistent with Civil Service Rules and i Regulations, he or she shall be promoted and transferred back to his or her regular position. ' It is understood by the Union and the City that nothing in Section 17.2 guarantees the employee a job nor is the City obligated to create a job, but the City will make a good faith effort to place the individual demoted or laid off_ consistent with the language of Section 17.2. ARTICLE 18 EMPLOYEE EVALUATION 18.1 Permanent full time classified employees covered by this Agreement will be evaluated utilizing the appropriate evaluation forms as approved by the Personnel Management Department. Such evaluation form will be developed by the Personnel Management Department within the term of this Agreement. The parties recognize and agree that should the Personnel Management Department decide that more than one evaluation form is needed, they will at their discretion develop and require the usage of additional evaluation forms. 18.2 Employees rated will be given a copy of the evaluation rating. Should an evaluation be downgraded after the employee's initial evaluation by his/her immediate supervisor, the employee will be given a copy of the downgraded evaluation rating. Only a 95- 223 -30- copy of an unsatisfactory rating will be forwarded to the Union President. Any employee rated below satisfactory by Management will be given an opportunity to improve to a satisfactory level. Failure to improve will result in disciplinary action up to and including discharge. This section shall not apply to permanent full time classified employees serving in a probationary promotional appointment. 18.3 Permanent full time classified employees serving in a probationary promotional appointment must successfully complete the probationary period within the time frame provided, unless the Department Director recommends an extension of said time frame. 18.4 Unsatisfactory rating for permanent full time classified employees not serving in a promotional appointment shall require said employees to appear before the Civil Service Board for review of the unsatisfactory rating. Should an employee covered by this section feel the unsatisfactory rating was incorrect, he may grieve the rating consistent with the Grievance Procedure. However, any grievance concerning the employee's unsatisfactory evaluation will be consolidated with any discipline appeal should the employee be removed, 'suspended or reduced in grade because of the unsatisfactory evaluation. ARTICLE 19 ANNIVERSARY INCREASE 19.1 Salary increments recognizing satisfactory service within established pay ranges are provided for in the Pay Plan. 95- 223 -31- On written approval from the Department Head, employees shall receive a one-step increase in salary, not to exceed the maximum rate. Those employees receiving approved increases when submitted during the first seven (7) days of the payroll period, shall receive the higher rate for the full pay period. Those employees receiving approved increases from the eighth (8th) to the fourteenth (14th) day of the payroll period shall receive their increase effective the start of the following pay period. All anniversary increases shall be subject to review for accuracy by the Department of Personnel Management. 19.2 Leaves of absences without pay or suspension of any duration shall delay anniversary increases by the period of time involved. 19.3 Anniversary increases shall be awarded only on the basis of continued satisfactory service by the employee and on the positive approval of the Department Head. Anniversary increases are not automatic. A Department Head may withhold anniversary increases due to excessive absenteeism resulting from tardiness, sick leave usage and/or until such time as, in his judgment, the employee's service within the classification meets the standards of satisfactory performance for the position. Employees whose anniversary increases are delayed or denied shall be notified of the reasons for the action being taken. Employees whose anniversary increases are delayed or denied due solely to tardiness or sick leave usage may request a review of the denial by the Labor Relations Officer whose decision shall be final and binding. 95- 223 -32- ARTICLE 20 EMPLOYEES ACTING WITHIN THE SCOPE OF AUTHORITY 20.1 Whenever a civil or criminal action is brought- against a bargaining unit employee, while in the course of his City on - duty employment and while acting within the scope of his authority, the City shall have the option to pay the legal cost and reasonable attorney's fee; not to exceed seventy five ($75.00) dollars per hour or provide legal counsel where: a) the bargaining unit employee is found not to be liable or guilty, and b) when the plaintiff requests dismissal of his suit. 20.2 The City will neither provide legal representation. nor pay any claim or judgment entered against any bargaining unit employee if the claim or judgment arises from any of the following: I. Any unauthorized act; 2. Any intentional tort; 3. Gross negligence or misconduct; or 4. While under the influence of intoxicating liquor, drugs or illegal substances. ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.1 A department head, or his designee, may direct an employee to serve in a classification higher than the classification in which an employee currently holds status provided such assignment is only made to a vacant position in the 95- 223 -33- Its:. absence of an eligible register or to replace an employee on leave of absence, or to fill a temporary position established for a period of less than one (1) year. Such acting assignment shall not exceed one calendar year starting from date of appointment to the higher classification. Acting assignments to positions vacant due to a classified employee being on an authorized leave of absence or duty disability may exceed one year. Working out of classification will not grant permanent job status or provide any automatic job rights to the position filled on acting assignment to the higher classification. Employees assigned to work out of classification shall meet the minimum job requirements for the position being filled. 21.2 In the event an employee is assigned work of another classification as provided for in Section 21.1 of this Article, the employee will be granted a one-step increase or the rate for the first step of the higher classification, whichever is greater, for all time worked out of classification in excess of thirty (30) consecutive calendar days. 21.3 During any on -job training program designed to upgrade employees' skills, those employees in such training shall not be eligible for additional compensation as provided in Section 21.2 of this Article. 21.4 In order to initiate an acting assignment, the employee's immediate supervisor shall, upon assigning an employee to an acting assignment, immediately complete the necessary notification form as provided by the City. Upon notification of an employee placed on acting assignment, the Personnel Management 95- 223 -34- Department shall conduct an evaluation to determine the eligibility of the employee assigned to the acting assignment in accordance with this article. ARTICLE 22 REST PERIODS 22.1 All employees' work schedules shall provide for a fifteen -minute rest period during each four --hour work period. 22.2 Employees who do not take a rest period due to work conditions or by personal choice may not lengthen lunch periods, cover an employee's late arrival or early departure, nor may it be regarded as accumulative if it is not taken. ARTICLE 23 LINE OF DUTY INJURIES 23.1 It is the intent of the parties to eliminate unnecessary workers' compensation litigation by providing a prior opportunity for the parties to discuss and resolve issues in dispute. In furtherance of that intent, the City agrees that any employee covered under this labor agreement who is disabled as the result of an accident, injury or occupational disease incurred in the line of duty shall be granted supplementary salary of which a part thereof is workers' compensation as provided by Resolution No. 39802, subject to the following conditions. 23.2 No supplementary salary will be paid to anyone injured while performing an act intended to injure or hurt one's self or 95- 223 -35- t1w,41 another. Supplementary salary shall only be granted for a period of one hundred and fifty (150) consecutive days from date of injury, however, said supplementary salary may be extended for an additional sixty (60) consecutive days for serious injuries upon approval of the City Manager or his/her designee. 23.3 Full time Civil Service employees who have permanent status with the City as of September 30, 1981, shall receive supplementary pay in accordance with the existing practice. 23.4 All other employees and Civil Service employees hired subsequent to September 30, 1981, shall be eligible for supplementary pay and workers' compensation pay to the extent that the total of such benefits shall not exceed eighty (80) percent of the employee's weekly pay prior to the line of duty injury, accident, or occupational disease. This benefit shall take effect only after the employee has been disabled for a period in excess of seven (7) calendar days. 23.5 If an accident has been declared compensable by the City and the employee brings litigation without having first discussed with the personnel of the Claims Division of the City of Miami concerning any controversy arising out of the declared compensable accident, then the supplementary salary, as provided by Resolution No. 39802, shall cease. 23.6 In the event that litigation is filed by an employee following his return to work without having first discussed with personnel of the Claims Division of the City of Miami concerning any controversy arising out of his declared compensable accident, it is agreed between the parties that the previously described 95- 223 -36- o. supplementary salary shall be recouped from the employee's current salary by way of payroll deduction, the extent of subsequent payroll deductions shall not exceed 25% of the gross pay per period. If the Claims Division of the City of Miami does not resolve any controversy arising out of a compensable injury to the satisfaction of the injured employee, then the supplementary salary as provided by Resolution No. 39802 shall not be jeopardized if litigation is subsequently filed by the employee. 23.7 In the event an employee desires the presence of an attorney to discuss a controversy with representatives of the Claims Division of the City of Miami, the parties agree that the attorney shall receive a token fee for his presence of $75.00 per hour, not to exceed $150.00. 23.8 Nothing in this Article shall be construed as a waiver of the City's rights under applicable State law. 23.9 Effective October 1, 1993, employees in the classification of Identification Technician who acquire a condition or impairment of health caused by Acquired Immunity Deficiency Syndrome (AIDS), Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by satisfactory evidence. Employees either_ currently in the classification or promoted or hired into the classification of Identification Technician who refuses to take a medical examination and all of its components relating to the presumptions within this article, shall not be entitled to the 95- 223 -37- 3 presumption outlined in this section and Florida Statutes 112.18. The presumption in favor of employees referred to in this section shall not apply to any other contagious diseases ! which may be contracted by employees. Furthermore, the presumption shall only be applicable to worker's compensation and disability pension benefit determinations. Nothing in this section shall be construed as a waiver of the City's rights under applicable state law. 23.10 In recognition of the Employee Organization's concerns for those bargaining unit employees injured in the line of duty, the City fully intends to continue benefits to those honorable men and women who have been injured in the line of duty and to see they receive all benefits due them. However, the Employee Organization recognizes there are instances when individuals attempt to claim worker's compensation benefits or pension benefits for which no demonstrable reason exists. In recognizing these concerns the parties agree to establish a study committee composed of six (6) individuals, three (3) members appointed by the Employee Organization and three (3) members appointed by management. The study committee shall commence meeting 90 days after the effective date of this agreement and shall present its recommendations to the President of the Employee Organization and. the Labor Relations Office six (6) months after their first meeting. -38- 95- 223 ARTICLE 24 WAGES 24.1 The City agrees to continue the current wage rate except as provided herein for all bargaining unit employees. In accordance with the following schedule, any adjustment will be effective on the first day of the first full pay period following the date indicated: January 1, 1997 4% October 1, 1997 Reopener In return for the Union's agreement for a three (3) year agreement, the following will apply: Management will not layoff bargaining unit employees for the life of this Agreement. Before a permanent bargaining unit member is laid off, the employee shall have the opportunity to fill any position held by a temporary employee, provided the bargaining unit member meets the minimum requirements set forth in the job description. In such cases, the temporary -employee shall be displaced. In the event the City's fiscal ability to maintain permanent bargaining unit employees on the active payroll deteriorates, management will promptly notify the Union. The parties to this contract shall meet and negotiate if a reduction in force is to be implemented for the bargaining unit. 24.2 Employees shall upon retirement (all kinds, including vesting), receive a retroactive salary increase of five percent (5%) for the employee's last or highest one (1) year's salary. 24.3 The parties agree there will be a 25% reduction in all bargaining unit wage rates for those prospective employees hired on or after January 14, 1988. 95- 223 -39- Current employees will be g_randfathered into the existing pay plan for purposes of anniversary changes, promotions, demotions, classifications, reclassifications, wage increases, etc. 24.4 Effective December 31, 1992, the City agrees to include a seventh and eighth pay step in the second tier of the two (2) tier pay plan. Former managerial/confidential employees who are at the first, second, or third longevity step of the second tier shall be placed at the appropriate step with the equivalent base hourly rate the employee earned, with no reduction in pay, at time of implementation of this provision. 24.5 All changes in salary for reasons of promotion, demotion, merit increase, two (2) tier pay plan changes, working out -of class or longevity increases, shall be effective the first day of the payroll following the effective date of the change. Employees hired into a classified Civil Service position shall have their date of hire changed to reflect their commencement as a classified Civil Service position and shall satisfactorily serve a probationary period of one (1) year commencing with date of entry into a permanently budgeted classification and prior to gaining permanent status in the classified service. 24.6 A night shift differential of $.60 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. Night shift 95- 223 -40- differential will only be paid for hours actually worked during the night shift differential period and will not be paid for any overtime hours. Night shift differential shall not be used in calculating average earnings for pension purposes. 24.7 Employees shall receive no additional pay supplements except as are specifically provided by this Agreement. Any pay supplements provided by this Agreement shall not be used in calculating average earnings for pension purposes. Only those employees holding permanent status within the occupation of Heavy Equipment Mechanic and who are permanently assigned to the Fire Garage shall receive a 7 1/2% pay supplement added to their base rate of pay should they be continually assigned to on -call rotation. Said pay supplement shall be deemed to fully satisfy any on -call pay obligation which might be construed to exist under the Fair Labor Standards Act. Effective December 21, 1986, those employees within the occupation of Communications Operator who are actively assigned the duty of training new Communications Operators shall be entitled to receive $40 per pay period for the actual full pay period they are assigned in a training capacity by their supervisor. Should the City feel the need to have an audit performed for the purpose of determining whether a separate training occupation is desirable, the City may discontinue this plus item and assign said duties to the person or persons holding said Communications Operator Trainer classification. -41-- 95- 223 ko'. 24.8 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) or fifteen (15) years of continuous classified service on or after January 1, 1984. Effective the first full pay period following October 1, 1991, a twenty (20) year longevity step shall be established for all employees who have completed twenty (20) years of continuous classified service with the City. Effective the first full pay period following October 1, 1993, a twelve (12) and eighteen (18) year five percent (5%) longevity step shall be established in the second tier of the two (2) tier pay plan for all employees who have completed twelve (12) or eighteen (18) years of continuous classified service with the -City. Effective the first full pay period following October 1, 1994, a sixteen (16) and twenty one (21) year longevity half step of 2.5 percent each, will be implemented in Tier 1 and Tier 2 for all employees who have completed sixteen (16) and twenty one (21) years of continuous classified service with the City. All longevity increases shall be granted consistent with the directed award issued on AFSCME Grievance #6-89. 24.9 Bargaining unit employees who are hired on or after October 1, 1984 shall satisfactorily serve a probationary period of one year prior to gaining permanent status in the classified service. 9 223 -42- jj&' 24.10 Any bargaining unit employee, upon normal retirement from City service, or separating under honorable conditions, who has served for a period of twenty-five (25) years of more, shall be granted, at the time of his/her normal retirement or honorable separation one hundred seventy-three and three tenths (173.3) hours of pay. 24.3.1 As part and in consideration of benefits provided in this Agreement to the Union and the Union's good faith effort to cooperate with the City to increase the efficiency of the City, the City hereby makes a good faith representation to the Union that it will be able to fund this Agreement. The City hereby knowingly, intelligently and unequivocally waives its right not to fund any year of this Agreement. The only exception to this waiver is in the case of a "true fiscal emergency," which is unanticipated at this time. In order for the City to establish a "true fiscal emergency" so as to lawfully not fund any year or years of this Agreement, the City must demonstrate that there is no other reasonable alternative means of appropriating monies to fund the Agreement for that year or years. Notwithstanding any other article *of this Collective Bargaining Agreement, the City hereby specifically agrees that any disputes concerning the application or interpretation of the funding of the contract will be resolved through the grievance arbitration procedure of this Agreement. If an arbitrator determines that the City has breached its funding requirements under this Agreement, the 95223 --43- 11 parties jointly confer upon the arbitrator jurisdiction to order the City to appropriate the necessary monies to fund the Agreement. This also applies to any enforcement proceeding under Chapter 682, Florida Statutes. This article applies 'to any status quo period following the expiration of this contract. ARTICLE 25 JOB BASIS,IOVERTIME.COMPENSATORY TIME 25.1 Those classifications listed in Appendix A with a Job Basis designation by the classification shall be considered job basis and be ineligible for overtime pay. 25.2 Job basis employees are expected to work a normal work week plus any additional time over and above the normal work week that is needed to properly perform the duties of the position. Use of vacation, sick leave and earned personal leave are to be properly recorded. Time worked in excess of normal work hours shall not be compensated nor credited in any way. Similarly, time taken off during normal work hours shall not be charged nor debited in any way. Job basis leave shall not be utilized as a substitute for sick leave. However, when time is 'taken off under this provision, it is necessary to record such leave as job basis leave (JBL). 25.3 Requests for time off by job basis employees shall be considered on an individual basis consistent with the needs of the City and the performance record of the employee, and approval shall not be unreasonably withheld. -44- 95- 223 pg., 25.4 All authorized work in excess of an eligible employee's normal work week shall be considered overtime work. Eligible employees shall not perform any work prior to their normal work hours, during their lunch hour, or after their normal work hours unless specifically authorized by a management supervisor. 25.5 Eligible employees performing compensable overtime work shall, at their discretion, be paid time and one-half at their regular hourly rate of pay or shall be given scheduled compensatory time off at the rate of time and one-half for such work. Compensatory time off shall be taken in quarter hour increments rounded off to the next highest quarter hour. This overtime rate shall be all inclusive and no additional compensation in the form of holiday premium pay, etc., shall be paid. 25.6 The maximum accumulation of compensatory time hours is one hundred (100) hours. If an employee takes compensatory time off, the hours in his/her bank would be appropriately reduced by such time off. If an employee leaves the service of the City and cashes in his/her bank, the hours therein shall be valuated on the basis of the eligible employee's regular rate of* not less than the higher of the employee's final regular rate or the average regular rate during the last three years of employment. 25.7 Employees covered by this Agreement who are appointed to job basis/exempt classifications and who have earned time in the "Bank", shall upon such appointment be paid for all banked compensatory time at their rate of pay prior to such appointment. 95-- 223 -45- awe., ARTICLE 26 GROUP INSURANCE 26.1 The City agrees to pay 100% of the current life insurance coverage and accidental death and dismemberment coverage of $15,000 provided for employees. 2G.2 Effective as soon as possible after ratification of this Article, employee premiums shall be tax exempt under Section 125 of the IRS code. In the event this exemption is eliminated in the IRS code during the life of this agreement, Article 26 shall be reopened and the parties shall meet to negotiate any changes necessitated by the loss of the tax exemption. 26.3 The pay period in which the payment of health insurance premiums on a pre-tax basis is implemented, employees will contribute $20.00 per pay period toward the cost of employee health coverage or $98.00 per pay period toward the cost of family coverage, where the employee elects to take such coverage for point of service plan. 26.4 The pay period in which the payment of health insurance premiums on a pre-tax basis is implemented, employees shall contribute $10.00 per pay period toward the cost of employee health coverage or $50.00 per pay period toward the cost of family coverage, where the employee elects' to take such coverage for the closed HMO plan. 26.5 Plan design and all plan benefits shall be those outlined within the employees benefits handbook and shall not be changed without mutual agreement of the City and the Union. 95- 223 -46- 26.6 A standing committee will be created called the Health Insurance Committee. It shall be made up of five (5) City of Miami employees, one member appointed by the IAFF, one member appointed by AFSCME, two members appointed by the City Manager and one picked by mutual agreement of the IAFF, AFSCME and the City Manager. The Group Benefits Administrator shall serve as a technical advisor to the committee, but will not be a member nor have a vote. The committee shall meet monthly or as needed to review employee complaints, suggestions, etc. The committee shall have the authority by majority vote, to remedy situations concerning claims, so long as the decision does not change the current benefits. The committee may make recommendations on benefit changes that would save the plan(s) money, to the City and the Union for immediate consideration of the parties. The committee is intended to reduce the need for the grievance procedure and to. suggest new ideas in providing a better and more efficient health insurance system. The parties agree, however, that employees bringing complaints to the committee shall be entitled to use the grievance procedure if the committee's remedy, if any, is not satisfactory to the employee. 26.7 The City shall continue to make available to the Union a payroll deduction slot to purchase local Union sponsored insurance programs. Upon receipt of appropriate authorization from employees, the City will make the designated deductions and forward monies to the Union. The City shall deduct from that remittance an 95- 223 E-We N amount for the cost of these deductions. The amount will be calculate at two cents for each employee deduction, each payroll period, and ten cents for each addition, deletion, or modification to the individual deduction. The Union shall indemnity and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in executing this activity. The Labor Relations Officer will advise the Union of the deduction procedures that will be followed in the implementation and administration of this activity. ARTICLE 27 SAFETY SHOES 27.1 In those jobs or occupations where the employer requires that the employee wear safety shoes, the employer shall issue allowance in the amount of $50.00 for the purchase of an initial pair of safety shoes. 27.2 When, due to wear and tear or accidental job destruction, a replacement pair of shoes is required, the employer will grant an additional $50.00 for the purchase of another pair of safety shoes. This additional $50.00 shall only be provided when the worn out or damaged pair of shoes is turned into the Department. The Department Director, or his designee, shall determine when, in his judgment, a pair of safety shoes shall be issued on the basis of need and not on an automatic basis. 9 5 — 223 -48- 27.3 Employees in those classifications required to wear safety shoes shall be subject to the loss of a day's pay for each day that the employee reports for work not wearing the required safety shoes. Action under this section shall not be grievable under the Grievance Procedure or appealable to the Civil Service Board. if a medical waiver is obtained stating that the employee is unable to wear safety shoes, then the penalty stated above is not applicable. 27.4 Safety shoes furnished by the employer shall not be worn by the employee on a day when the employee is off duty. 27.5 City furnished equipment where required by the employer will be replaced when worn out or damaged only if the employee returns the worn out or damaged equipment to the Department. This includes, but is not limited to, gloves, boots, foul weather gear and other equipment. A bargaining unit employee shall reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City equipment when the employee's careless and/or negligent act(s) result in the loss, theft, or damage. 27.6 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. 95- 223 -49- ARTICLE 28 TOOL ALLOWANCE 28.1 The City agrees to pay a quarterly tool allowance for Automotive Mechanic, Heavy Equipment Mechanics and Auto Body Worker/Painter in the amount of eighty-five ($85.00) dollars quarterly. Such tool allowance will be paid to the employee within the first 15 days after the close of the quarter. 28.2 Mechanics' tools, which are stolen due to vandalism or forced entry upon the employer's property, will be replaced upon proof of a police report and an itemized list of the tools stolen. 28.3 The Department Director or his designee shall have the sole right to develop or redevelop a basic minimum tool list which employees must have to be hired in the various trades' classifications. The Department Director may grant a reasonable length of time for any employee to acquire additional tools to meet the basic minimum tool allowance inventory. Employees whose tool inventory does not meet the minimum or drops below the basic minimum tool list inventory, shall not receive a tool allowance. Tools may not be loaned to meet the basic inventory tool list. 28.4 The Department Director, or his designee, shall provide a required minimum list of tools for Automobile Mechanic & Motorcycle Mechanic, Heavy Equipment Mechanic, Maintenance Mechanic, Auto Body & Painter, Welder, Machinist, Mason, Carpenter, Electrician, Lineman, Plumber, Painter, A.C. Mechanic, Sign Painter, Communication Technician, or any other classification not listed that the Department Director may feel is necessary to add. 9 5 - 223 -50- J14. 28.5 The affected employees within the above -listed classifications shall submit an inventory of all their personal tools, make and model to their immediate supervisor outside the bargaining unit who will verify the list. The employee will maintain a copy and a copy will be filed in the Division Office. This list shall be periodically checked and updated. The City shall replace broken, stolen, and worn out tools upon request and confirmation that the broken, stolen, or worn out tool was on the recorded inventory. This replacement policy does not apply to the classification receiving the eighty-five ($85.00) dollars quarterly tool allowance. Submission of the inventory list of tools in excess of the basic minimum tool list shall be completed within sixty days after ratification of this Agreement. ARTICLE 29 TUITION REIMBURSEMENT 29.1 It is agreed between the parties that this tuition reimbursement program is designed to encourage City employees to improve job performance and increase their value to the City by pursuing courses of study related to their work at Dade County educational institutions. The policy governing the program is intended to be flexible, with broad discretion for approval reserved to the Department Head and the City Manager so as to insure maximum utilization of available funds for increasing on- the-job effectiveness of City employees. The continuance of this program, however, is subject to budgetary limitation. -51- 95- 223 49- 29.2 Any full-time, permanent City employee may upon successful completion of his probationary period be eligible to participate in the Tuition Reimbursement Program. 29.3 All course work must be taken at or from an accredited college, university or educational institution approved by the City Manager or his designee. Course work taken under provision of this Article must be directly related to the employee's job. Class attendance will be on the employee's own time unless otherwise noted in the course announcement and authorized by the City Manager. 29.4 Reimbursement will be limited to one-half of straight tuition costs up to a maximum of $200.00 per year and/or $100.00 per semester or term. Books, incidental fees, and other costs related to the course work will not be reimbursed by the City. In the event the employee resigns or is removed from the City service within one year following completion of the approved course(s) for which City funds have been expended, the amount of tuition reimbursement paid to the employee will be reimbursed to the City by the employee upon his termination of service through a deduction from his/her last paycheck. 29.5 To be eligible for reimbursement, the employee must successfully complete the course work and provide the City with evidence of successful completion prior to receiving reimbursement. Successful completion must be evidenced by a grade of "C" or better. 29.6 Procedure for reimbursement will be as follows: 95- 223 -52- A. The employee must obtain three (3) copies of the Application for Tuition Reimbursement form for each course from his department or the Personnel Management Department. B. The employee must complete the application in triplicate and submit it to his/her department head prior to registration at the education institution. C. The Department Head will then review the application and if approved forward the original and one copy to the Personnel Management Department. If the application is disapproved, it is then returned to the employee by the Department Head. D. The Personnel Management Department has the authority to approve or disapprove the application, and applications not approved will be returned to the Department Head with the reason for rejection noted thereon. 29.7 Upon completion of the approved course work, the employee must submit his semester grade report together with the tuition fee receipt to his/her department head. The Department Head will request the Finance Department to reimburse the employee for the City's share of the tuition reimbursement, and will advise the Personnel Management Department of the employee's satisfactory completion of the course. -53- 95- 223 6:. ARTICLE 30 CALL BACK PAY 30.1 Any employee eligible for overtime shall, if recalled to duty 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 arriving at average earnings for purposes of establishing pension benefits. 30.2 It is not the intent of this Article or any other Article of this Agreement to provide pay for an employee out on ill time or workers compensation to receive call-back pay, overtime pay or straight time pay for taking the required physical before said employee may be released to return to work. ARTICLE 31 JURY DUTY/COURT APPEARANCE 31.1 Employees serving, on jury duty shall be carried "JD" (Jury Duty) for actual working time lost when called to serve on jury duty. Such employees shall be paid at their regular hourly rate for all working time lost up to forty (40) hours per week. Employees who work a regular established shift between the hours of 11:00 p.m. and 7:00 a.m. and who are summoned to jury duty the day preceding their regular shift, shall be carried on leave of absence with pay for their regular shift. All employees released early from jury duty shall report to their regular work or receive no pay for all hours they are absent. -54- 95- 223 4. 31.2 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. The Payroll Division of the Finance Department shall deduct the Jury Duty fee from the employee's paycheck in the payroll period following the week in which the employee was on Jury Duty in accordance with the following schedule: 1) Federal Court - $40 per day 2) State and County Court - $10 per day Any changes by the Courts in the above fees shall be reflected in the employee's paycheck as they occur. Where Courts provide free parking for Jurists, employees will not be reimbursed for any parking receipts submitted while attending such courts. 31.3 Attendance in court in response to legal order or subpoena to appear and testify in private litigation not in connection to an employee's official duty, but as an individual shall be taken as earned personal leave, vacation, compensatory leave, or leave of absence without pay. 31.4 When requests for appearances before the Civil Service Board require witnesses, the Civil Service Office shall require that said requests delineate who are character witnesses and who are witnesses testifying as to the incident at hand. Should the number of character witnesses exceed two (2) then a statement from those additional character witnesses shall be submitted to -55- 95- 223 $19, the Civil Service Board stipulating to the character of the employee on appeal before the Civil Service Board. ARTICLE 32. COMMENDATION PAID LEAVE 32.1 A department head, upon approval by the City Manager,or his designee, may grant up to forty (40) hours of paid leave to any employee whose job performance is of such exemplary or heroic nature as to warrant this special consideration. This Article shall not be subject to the grievance procedure or arbitration. .ARTICLE 33 PARKING 33.1 The City agrees -to provide parking space for all bargaining unit employees who drive their personal automobiles to work. This parking space will be of no cost to the employee during the time the employee is on duty. The City will not assume the cost of parking for those employees who may not desire to use the parking space provided by the City. Any questions raised in this regard shall be reviewed and a determination made by the Labor Relations Officer and shall be final and binding. 33.2 The Union President will meet and confer with the Labor Relations Officer on parking problems and the Labor Relations Officer will endeavor to resolve said problems consistent with budgetary constraints. 95- 223 -56- ARTICLE 34 BLOOD DONORS 34.1 Employees who volunteer as blood donors to contribute to City supported Blood Donor Organizations will be authorized the 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 they are released to go back to work. ARTICLE 35 VACATION 35.1 Effective January 1, 1994, vacations shall be taken by the last payroll period of the calendar year in which the vacation was credited. The last payroll period ending date for calendar year 1994 is December 24, 1994. Effective October 1, 1993, employees shall only be allowed to carryover 150 hours of the previous year's credited vacation. Any excess vacation over the 150 hours automatic carryover shall be forfeited as of February 1, 1994 and thereafter by 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 Department, any hours in excess of the 150 hours which would have been forfeited shall be paid for at the employee's January 1, hourly rate of pay. 9 5_ 223 -57- iW, 35.2 Effective January 1, 1987, the maximum accrual of vacation shall be one hundred and sixty (160) hours, provided however, bargaining unit employees with ten (10) years of service but less than fifteen (15 ) years shall be allowed to accrue one hundred and eighty (180) hours and employees with fifteen (15) years of service or more as of January 1, 1987, shall be allowed to continue the accrual of vacation in accordance with Civil Service Rules and Regulations (Ordinance No. 8977). The crediting of vacation leave shall only be allowed upon the completion of the required years of actual continuous service. 35.3 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. 35.4 Employees hired on or after January 1, 1987 shall accrue vacation in accordance with the following schedule: 1 - 5 years - 80 hours 6 - 10 years - 100 hours 11 - 15 years - 120 hours 16 - 20 years - 160 hours Such vacation shall be calculated on actual service in the previous calendar year and shall only be taken after the completion of six months of actual continuous service. 95 - 223 4, ARTICLE 36 SECURITY OPERATIONS 36.1 The City and the Union and its officers, agents and members recognize there are assignments within the Miami Police Department where security of information is an absolute necessity. Therefore, the Chief of Police at his sole discretion may reject an employee to such assignment within the Miami Police Department when the Chief has reason to believe that there is potential for the Security of the Department to be compromised. 36.2 Upon request of the Union President, the Labor Relations Officer will review such denial of assignment. Said review will be final and the decision of the Labor Relations Officer will be binding and not subject to any appeal procedure. ARTICLE 37 SICK LEAVE 37.1 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 or management designee 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. 37.2 Permanent bargaining unit employees may be allowed to accrue up to eight (8) hours sick leave per month, to be utilized 95- 223 -59- in not less than one (1) hour increments, provided that the employee is in pay status at least fifteen (15) working days per month. Effective January 1, 1994, all full time bargaining unit employees hired on or after October 1, 1984 shall also accrue sick leave at the rate of eight (8) hours per month to be utilized in not less than one (1) hour increments provided the employee is in full pay working status for fifteen (15) working days per month for a total of ninety six (96) hours per year. 37.3 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. 37.4 In order to receive sick leave with pay, an employee must take steps to 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, except in the Fire Department and Police Department wherein departmental rules will apply. It shall be the employee's responsibility to notify his/her Department each day the employee will be out ill within the time frames outlined above. 37.5 All employees covered by this Agreement may be allowed to use accrued sick leave when needed due to the serious injury or acute illness of any actual dependent member of the employee's household. Said dependent member of the employee's household shall be limited to the employee's immediate family. The immediate family shall be defined as father, mother, sister_, 95- 223 -60- brother, husband, wife, children, father-in-law, mother-in-law, grandparents, spouse's grandparents, stepfather and/or stepmother. 37.6 Any employee absent on sick leave for more than three (3) consecutive work days must report to the Department of Personnel Management and obtain approval before returning to work. The Department of Personnel Management will have the City contract physician prepare a list of those medical illnesses or injury that will require the employee to be sent to the City doctor's office prior to being cleared to return to work. Those medical conditions which are minor in nature and not on the prescribed City Doctor's list will only require the employee to report to the Personnel Management Department for clearance to report to work. 37.7 Employees covered by this Agreement who exercise normal retirement after October 1, 1993, shall be paid for one hundred percent (100%) of accumulated sick leave up to seven hundred fifty (750) hours and fifty percent (50%) of accumulated sick leave above seven hundred fifty (750) hours. Employees whose sick leave payout was limited to nine hundred sixty (960) hours as a result of having in excess of eight hundred (800) hours prior to January 18, 1979 shall have the option of keeping the nine hundred sixty (960) hour limit or selecting the seven hundred fifty (750) hour limit with payout at one hundred percent (100%) and fifty percent (50%) of accumulated sick leave above seven hundred fifty (750) hours. 95- 223 -61- The City and the Union will continue to negotiate on a plan whereby retiring employees may have an option of leaving all or a portion of thier severance pay in a City account for the purpose of paying health premiums for City group insurance with pretax dollars (referred to as Health Insurance Bank). Possibilities of active employees (at their option) moving time into a Health Insurance Bank will also be explored. 37.8 Employees with seven (7) or more years service who terminate employment with the City under honorable conditions shall receive a cash payment equal to one-fourth (1/4) of their unused accumulated sick leave. 37.9 Employees with fifteen (15) or more years of service who terminate employment with the City under honorable conditions shall receive a cash payment equal to one-half (1/2) of their unused accumulated sick leave. 37.10 Employees who resign in the face of discharge after the effective date of this Agreement shall not receive compensation for unused sick leave upon termination or retirement. 37.11 Payoff for accumulated sick leave shall not be used to calculate average earnings for pension purposes. 37.12 Employees with ten (10) or more years of service who are laid off under honorable conditions may repurchase sick leave for which they were paid off at the time of separation subject to the following conditions: 1) They are rehired within twelve (12) months of their_ last day worked. -G2- 95-- 223 aJ,t, 2) They remit to the City an amount equal to their rehire hourly rate times the number of hours of sick leave for which they were previously paid off. This buy back option must be exercised and paid for within 30 days of the date the employee returns to work. 3) If the buy back option is properly exercised, the City will credit the employee with the balance of sick leave hours credited to his account as of the date he was laid off. ARTICLE 38 ICK LEAVE COMMITTEES/POOL 38.1 As a result of training received from the Federal Mediation and Conciliation Service on "Win/Win" Bargaining, the parties initiated a unique joint venture whereby the parties agree that employee absenteeism hinders the cost efficient delivery of service by the department and creates a hardship for both management and members of the bargaining unit. 38.2 Effective March 1, 1991, the Union and the City agree there will be created a Departmental and City-wide Sick Leave Committee whose function it will be to specifically decrease the use of sick leave for anything other than that which is specifically authorized by this agreement. A Department Sick Leave Committee shall be created in each operating department of the City where AFSCME has bargaining unit employees. -53- 95- 223 001. 38.3 The Department Sick Leave Committee shall be made up of one (1) Union appointee, one (1) appointee by the Department Director and a third person chosen by the first two (2) appointed members. The Department Sick Leave Committee shall meet every review period as determined by the City-wide Sick Leave Committee to review the use of sick leave by all department employees and shall have the authority to require any bargaining unit employee whose use of sick leave appears to be excessive in their judgement appear before the Committee. In situations where an employee fails to appear before the Department Sick .Leave Committee for a non -legitimate reason or who voices objection to this process, the City-wide Sick Leave Committee is to be notified. • 38.4 Guidelines for determining excessive use of sick leave shall be determined by the City-wide Sick Leave Committee. 38.5 Any bargaining unit employee whose annual sick leave usage has been more than forty (40) hours shall be subject to review by the Department Sick Leave Committee. Thereafter, the employee's career usage of sick leave greater than fifty percent (50%) could be considered. The Department Sick Leave Committee shall have the authority to investigate and research sick leave usage. After review of an individual's sick leave, if the individual's explanation and/or documentation as may be required by the committee is not satisfactory to the committee, the committee will have the specific authority to implement the following corrective measures. 95- 223 -G4- A. Counsel the employee, if the employee has used more than forty (40) hours of undocumented sick leave for the year. B. Recommend to the Department Director to issue a written warning after the employee has been counselled and if additional sick leave is used without providing sufficient documentation. C. Recommend restricting the use of sick leave for ninety (90) calendar days after the employee has received a written warning and if additional sick leave is used without providing sufficient documentation unless the employee is out ill for a period greater than three (3) consecutive work days. The granting of sick leave in this instance shall be authorized by the committee. D. Recommend to the Department Head the suspension of the identified employee after the employee has received a ninety (90) day restriction of sick leave use and if additional sick leave is used without providing sufficient documentation. It shall not be necessary to utilize Step "A," "B," or "C," prior to the action outlined in Step "D" if in the judgement of the Committee the sick leave abuse is flagrant. E. Recommend dismissal to Department Head after the employee has been suspended and if additional sick leave is used without providing sufficient documentation. --6s- 95- 223 La, When necessary, the Department Sick Leave Committee may refer an employee to the City-wide Sick Leave Committee at any time following Step A and prior to Step E. 38.7 The Office of Labor Relations will provide computerized departmental sick leave usage reports to the Department Sick Leave Committee to assist in their review of sick leave usage. 38.8 The City-wide Sick Leave Committee shall be composed of two (2) Union appointees, one (1) Labor Relations Officer, one (1) support staff employee, and one (1) bargaining unit/non-union member. The City-wide Sick Leave Committee shall meet as necessary and shall have the authority to review the Department Sick Leave Committee reports and any actions that may be recommended. The City-wide Sick Leave Committee shall have the authority to institute and/or revise Department Sick Leave Committee guidelines as deemed appropriate. 38.9 Should an employee wish to appeal the decision of the Department Sick Leave Committee, said employee may request an appeal within five (5) working days, on the form provided by the City, to the City-wide Sick Leave Committee. Decisions of the Department Sick Leave Committee are only appealable to the City-wide Sick Leave Committee. The decision of the City-wide Sick Leave Committee shall be final and binding upon the employee making the appeal and shall not be subject to any other appeal including the grievance procedure, Civil Service Board or any other statutory or judicial appellate system. 9 5 - 223 38.10 Consistent with LMP-3-91, this system has been adopted to include all classified and unclassified support staff_ employees in the City of Miami. 38.11 A sick leave pool has been established in recognition of the substantial commitment on the part of the employees to earnestly strive to eliminate sick leave abuse thereby increasing productivity. The Sick Leave Pool is available to assist those members of the pool who are stricken with serious non -duty illness or injury so as to insure income not to exceed a maximum of two (2) years. Membership to the Sick Leave Pool issubject to final approval by the City-wide Sick Leave Committee. Eligibility for each employee who wishes to participate in the Sick Leave Pool shall be subject to the following regulations. A. Each employee applying for membership must have a minimum sick leave bank balance of one hundred and sixty (160) hours. B. Each employee must donate sixteen (16) hours of his/her sick leave, vacation leave, compensatory leave or earned personal leave to the Sick Leave Pool. Such donation of hours or combination of hours must be made in increments of at least one (1) hour. C. Each employee must maintain their membership in the Sick Leave Pool in "good standing" as determined by the City-wide Sick Leave Committee. MeOn 95- 223 .14Jlri:r D. Prior to the employee's utilization of sick leave from the Sick Leave Pool, the employee must have utilized all of his/her own sick leave, credited vacation leave, compensatory leave, and earned personal leave. E. The City-wide Sick Leave Committee has the authority to approve or reject an employee's request to use the Sick Leave Pool. F. Use of the Sick Leave Pool is not intended for maternity leave, however, employees who are eligible members of the Sick Leave Pool may utilize Sick Leave Pool time for non -duty illness or injury arising out of pregnancy. G. An employee that is utilizing sick leave pool time shall not accrue sick leave or vacation until such time the employee returns to work and is in a regular pay status. { H. Requests for utilization of Sick Leave Pool time may I be initiated by the employee or if he/she is physically incapacitated to do so, said request may be made by one of the Department Committee members or the departmental payroll clerk on behalf of the'employee. Requests for utilization of Sick Leave Pool time must be made on the form provided by the City. I. Utilization of sick leave from the Sick Leave Pool. shall cease either upon the employee's return to work, employee's attending physician or Department of Personnel Management authorizing the employee to 95- 223 return to work or at such time the employee has utilized a maximum of 4,160 hours of Sick Leave Pool time as approved by the City-wide 53-cic Leave Committee. The maximum usage of sick leave pool time available to an eligible employee shall be 4,160 hours within a five (5) year period. J. Should the employee's usage of time from the Sick Leave Pool reach 4,160 hours and the employee is physically or mentally unable to return to full-time work, he or she shall be dropped from the City's active payroll. Upon being dropped from the payroll, the employee may stay on the City's health program he/she is currently enrolled in and he/she shall have his/her single person coverage for the employee paid by the self-insurance health trust fund for up to eighteen (18) months. Such coverage shall not include dependent coverage unless he or she pays 100% of the cost of same. Anyone who elects such coverage shall send to the City-wide Sick Leave Committee chairperson such medical records as the Committee requests twice a year verifying said mental or physical incapacitation. Failure to supply the reports within thirty (30) days of the Committee's due date shall cause the employee's health coverage to cease to be paid for by the City's self-insurance health trust fund. K. Employees will no longer be eligible for membership in the Sick Leave Pool if their sick leave balance drops 95- 223 ,ar:. below one hundred and sixty (150) hours and there is no legitimate, demonstrable injury or illness to show reason for same. L. The performance of off -duty work by an employee utilizing Sick Leave Pool time shall result in the immediate cessation of Sick Leave Pool time availability to the employee. M. The Sick Leave Pool is not available for the use of employee family members. N. The sick leave time pool is not intended to compensate any sick pool members for worker's compensation injury incurred in the line of City duty nor for acts wherein the employee deliberately injures him or herself. 0. Those employees subject to applicable sick time pool rules who wish to appeal a suspension from membership to the sick time pool may do so to the City-wide Sick Leave Committee whose review and decision will be final and binding. P. The City-wide Sick Leave Committee has the authority to make rule changes when necessary to retain the solvency of the sick leave pool. Such rule changes could include members being assessed an additional eight (8) hours of time should they choose to remain in the pool. Q. The City will contribute to the Sick Leave Bank upon separation or retirement of a bargaining unit employee, fifty percent (50%) of the employee's 95- 223 _, 0- o, remaining banked sick leave time not to exceed 20,800 hours. 38.12 In recognition of the employee's commitment to reduce sick leave usage and abuse, the City agrees to lower the minimum sick leave balance required for conversion of sick leave. Effective January 1, 1992, employees who have accumulated sick leave credits in excess of three hundred (300) hours of sick leave, in accordance with Section 2 of this Article shall as of January 1 of each year have one-half of the excess sick leave earned the previous calendar year credited to their vacation leave bank. 38.13 In further recognition of those employees who display perfect attendance in any one calendar year, the City will present the employee with a certificate of appreciation. In addition, there will be an annual drawing of twenty five (25) employees from the pool of eligible employees with perfect attendance. Each of the twenty five (25) employees whose name is drawn shall receive a one hundred ($100) dollar cash prize. The determination of when and the procedures for recognition of perfect attendance shall be determined by the City-wide Sick Leave Committee. In order to qualify for perfect attendance recognition, the employee must not have utilized any sick leave, nor been on disability, nor have been in any without pay status during the year. -71- 95- 223 O,d:. ARTICLE 39 TARDINESS 39.1 Tardiness is reporting for work in excess of 5 minutes beyond the scheduled starting time of the shift or as provided in Police or Fire Department rules. Any and all tardiness shall be counted as an "instance". When an employee reports to work within a period that is more than five (5) minutes after his/her scheduled starting time, and provides an excuse that is acceptable in the sole discretion of Management, the employee may elect to utilize Earned Personal Leave. Election of Earned Personal Leave shall be taken in one (1) hour increments. The utilization of Earned Personnel Leave does not negate the tardiness as an instance. An annual period shall be defined as a twelve (12) month period beginning with the occurrence of the employee's first tardiness instance. 39.2 Employees shall be disciplined for instances of tardiness in an annual period in accordance with the following schedule: Number of Tardy Instances 9th instance in annual period loth instance in annual period 11th instance in annual period 12th instance in annual period Discipline Written warning Three (3) day suspension Fourteen (14) day suspension Dismissal 39.3 Tardiness appeals shall only be appealable through the Grievance Procedure Article as set forth in the Agreement. Exceptions to the above schedules may be granted by the Labor 95- 223 -72- ,9. Relations Officer, if, in his/her sole discretion, individual circumstances warrant such action. 39.4 For purposes of implementation, tardiness instances already received as of October 1, 1993 shall be counted as part of the schedule specified above. ARTICLE 40 FAMILY LEAVE AND LEAVE WITHOUT FAY 40.1 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. 40.2 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 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- 40.3 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 a good reason other than specified herein, for a period not to exceed ninety (90) days. Approval. 95-- 223 _73_ r for said leave of absence without pay is at the sole discretion of the City Manager or his/her designee and shall not be appealable to the Civil Service Board or the grievance procedure. 40.4 Bargaining unit employees who desire to take a leave without pay for any reason specified in this Article must exhaust all vacation, earned personal leave, and compensatory leave banks 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 prohibit the employee from taking leave without pay as specified herein. 40.5 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. 40.6 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 41 LABOR/MANAGEMENT PARTNERSHIP COMMITTEES 41.1 There shall be a Departmental Labor/management Partnership Committee established in each department of the City 95- 223 _74_ of Miami. Said Committee membership shall include representatives from classified support staff (M/C), unclassified staff, executives and the AFSCME bargaining unit --dues and non - dues paying members. 41.2 The Departmental Labor/Management Partnership 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 Partnership Committee meetings shall not be used to renegotiate the labor agreement between the City and AFSCME. All decisions made by the Departmental Labor/Management Partnership Committee shall be by affirmative consensus. 41.3 The Departmental Labor/Management Partnership 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 Partnership 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, the Union President, the City's Labor Relations officer, and the City's Labor/Management Coordinator. -75- 95- 223 L"t.. ARTICLE 42 DEATH IN FAMILY 42.1. 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 attend to funeral or estate related functions of a member of the employee's immediate family, or is at home in a state of bereavement. 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, grandchildren, 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 (1.0) or more years. Within thirty (30) calendar days from the date the employee returns from a death in the family, the employee will file a copy of the death certificate of the deceased family member. Said death certificate will be attached to the form provided by the City and submitted to the Personnel Management Department. Failure to produce the death certificate will result in the' employee reimbursing the City for any days taken under this Article. Any employee found to have falsified his application for a "K" day will result in his or her dismissal. 42.2 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 95-- 223 -76- a newspaper account showing the death and relationship of the deceased to the employee and/or other appropriate criteria as deemed appropriate by the Office of Labor Relations. ARTICLE 43 MILITARY TRAINING LEAVE 43.1 All employees who are either reserve officers or enlisted personnel in the Florida Defense Force, the National Guard, Naval Militia, Marine Corps, U.S. Army Reserve, U.S. Naval Reserve, U.S. Marine Corps Reserve, U.S. Coast Guard Reserve, U.S. Air Force Reserve or officers or enlisted personnel in any other class of the militia shall be entitled to leave of absence from their respective duties without loss of pay, time, efficiency rating or Civil Service seniority credits on all days during which they shall be engaged in field or Coast Guard defense exercises or other training ordered under the provisions of the U.S. Military or Naval Training regulations or under the provisions of the Florida Defense Force or the National Guard; provided that leaves of absence granted as a matter of legal right under the provisions of this section shall not exceed seventeen (17) days in any one calendar year. 43.2 Requests for military leave shall be made as early as possible but at least two (2) weeks prior to the date such leave is desired. 43.3 Employees who take the military leave provided in this section shall be credited with that time on their seniority status, in the City of Miami Civil Service Records -Department of Personnel Management. 9 5- 223 -77- •w�l. ARTICLE 44 HOLIDAYS 44.1 The following days shall be considered holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Columbus Day Veterans' Day Thanksgiving Day Day after Thanksgiving Labor Day Christmas Day Dr. Martin Luther King's Birthday 44.2 Any additional holidays declared by official directive of the City Manager shall be added to the above list. i 44.3 Employees performing work on any of the above holidays i shall be paid time and one-half of their straight time hourly rate or shall be given scheduled compensatory time off at the rate of time and one-half. 44.4 All conditions and qualifications outlined in Article 25, titled "Job Basis/Overtime/Compensatory Time", shall apply to i this Article. Hours of compensatory time accumulated under this yi Article, when added to the compensatory time earned under the I Article entitled "Overtime/Compensatory Time", shall riot exceed one hundred (100) hours. 44.5 To be eligible for holiday pay, an employee must work a full shift or be in a paid leave status on the scheduled work days which immediately precede and follow the holiday. If an employee works at least seven (7) hours of his regular shift, the employee will either be charged one hour of "E" time or "V" time, 95- 223 or carried in without pay status at the sole discretion of the supervisor. An employee who works at least seven (7) hours as described in this section shall be eligible for holiday pay. ARTICLE 45 EARNED PERSONAL LEAVE 45.1 Upon ratification of the Labor Agreement by the parties, it is agreed that eligible members of the bargaining unit who work forty (40) hours per week and have successfully completed six (6) months of their probationary period, shall be entitled to fourteen (14) hours earned personal leave time off each calendar year. Earned personal leave time shall be taken in increments of not less than one (1) hour. 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 employee's 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. ARTICLE 46 ACCIDENT REVIEW BOARD 46.1 The parties agree to abide by the provisions of the City's Vehicular Loss Control Program, Sections 6.1, 6.2 and 6.3 95- 223 -79- as they apply to vehicular accidents involving bargaining unit employees. ARTICLE 47 RESIDENCY 47.1 It is agreed by the parties that while residency is not a condition of employment a candidate that is otherwise equally qualified will be given, at time of hire, preference for employment in order of domicile as follows: (1) City of Miami resident, (2) Dade County resident, (3) resident outside of Dade County. ARTICLE 48 TOTAL AGREEMENT 48.1 This Agreement, upon ratification, constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term. 48.2 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. 48.3 The parties agree that this Collective Bargaining Agreement represents the total agreement for terms and conditions of employment during the life of this contract and no request 95- 223 shall be made to increase wage or other employee benefits through the Civil Service Board, City Manager or the City Commission during the life of this Collective Bargaining Contract. ARTICLE 49 AVINGS CLAUSE 49.1 In the event any article, section or portion of this Agreement should be held invalid and unenforceable by any court � of competent p jurisdiction, such decision shall apply only to the i specific article, section or portion thereof specifically , specified in the Court's decision, and that portion of this i Agreement in conflict 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 was to enter into the Agreement without such invalid portion or portions. 49.2 The City's representatives as defined in Article 2 and the Union's representatives as defined in Article 3 shall promptly meet to negotiate a substitute for the invalidated article, section or portion thereof as might be determined in accordance with Section 1 of this Article. 49.3 Not withstanding any other provisions • of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. 95- 223 MG ARTICLE 50 OVERTIME DISTRIBUTION 50.1 Overtime will be distributed as equally as practical to the best ability of the Supervisor in charge among the employees within a division of the City, who have completed their probationary period, by shift and classifications, according to seniority within the classification. A new overtime list by classification will be posted every two pay periods as a guide for such distribution. The remedy for the failure to offer overtime shall be that the employee shall be offered an equal or comparable amount of overtime at the next opportunity. 50.2 The overtime list by classification will be made up of all employees in that classification. If an employee refuses overtime, is sick, on vacation or on an excused absence the City will move to the next employee in line on the overtime list. For call-back overtime, if the employee does not answer their phone the City will move to the next employee in line on the overtime list. This provision is not to be interpreted as meaning the employee is not subject to call-back while on vacation or excused absence. 50.3 As each overtime opportunity arises the City will. move through the overtime list until it has offered the last employee on the list an overtime opportunity. Thereafter, the City will move to the top of the list and begin with the most senior employee on the overtime list. 50.4 The provisions of this Article does not restrict the City's right to require employees to work overtime. In the event 95- 223 -82- the City must order overtime work within a unit or area of assignment, the most junior employees of the affected classification will be ordered first to work the required overtime. 50.5 If this method results in obviously inequitable distribution of overtime, the Labor Relations Officer and the Union President will work out a method of correcting such inequity. ARTICLE 51 SENIORITY 51.1 Seniority shall, for the purpose of this Article, be defined as the most recent date of hire, classified or unclassified, with the City unless otherwise agreed upon by the Union President and the Labor Relations Officer. 51.2 Seniority shall only be determinative in shift assignment and in the assignment of days off in units with two (2) or more shifts. Seniority shall not be a prevailing factor for assignment or promotion to a unit, section or divison within a department. 51.3 Exceptions to the use of seniority as specified in 51.1 may occur in an emergency situation, when physician ordered, for training purposes, when language skills are needed, compliance with the Americans with Disabilities Act, when special knowledge or skills are needed as mutually agreed upon by the City and the Union, or when mutually agreed by the affected employees and management through the labor/management process. 95- 223 51.4 Once every October shift assignments and days off will be re -bid by seniority. ARTICLE 52 LEAVE BALANCE PAYOFFS 52.1 Effective October 1, 1995 employees electing to retire may select one of the two (2) following leave balance payoff options. 1) Payment of leave balances upon retirement as currently specified under the labor agreement and/or leave payoff practices. 2) The City shall fund up to a maximum of three (3) whole creditable service years for the employee based upon the value of the employee's available leave balance at time of retirement less required withholding taxes at present value as actuarialy , determined for each individual employee. Upon exhausting the value of the leave balances, employees may purchase the remainder of the three (3) years by payment of cash to the Pension Trust. The hourly rate for calculation of the leave balances shall be as specified under the labor agreement and/or leave payoff practices. The purchase of service years under this option may not be utilized for Service/Rule of 70 retirement eligibility. If in the future the constructive receipt issue can 95- 223 be satisfactorily resolved, this benefit shall be available using pre-tax value of employees' leave banks. ARTICLE 53 TERM OF AGREEMENT 53.1 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, then, the Agreement, upon being signed by the appropriate Union representatives and the City Manager, shall become effective. The' Agreement shall continue in force and effect until 11:59 P.M., September 30, 1998, provided, however that the parties shall meet no later than May 1, 1997 to reopen negotiations to discuss Article 24 - Wages. 53.2 On or before April 1, 1998, the Union shall notify the City in writing of its intention to renegotiate the Agreement in force, and attached thereto shall include a list of proposals which shall inform the City of the items which they 'desire to negotiate, together with specific language embodying and describing their proposals. The changes indicated in the proposals shall be designated with a strike through of deleted language and new language will be underlined. 53.3 On or before May 1, 1998, the City shall present the Union with a list of proposals it desires to negotiate_ The 95- 223 changes indicated in the proposals shall be designated with a strike through of deleted language and new language will be underlined. 53.4 Initial discussions shall thereafter, and no later than June 1, 1998, be entered into by the City and the Union. Agreed to this day of , 19 by and between the respective parties through an authorized representative or representatives of the Union and by the City Manager. ATTEST: MIAMI GENERAL EMPLOYEES AFSCME LOCAL #1907, AFL-CIO ATTEST: ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY 95- 223 -86- ADDENDUM N0. 1 (6 PAGES) - MEMORANDUM OF UNDERSTANDING ARTICLES OF THE BOARD OF DIRECTORS OF THE CITX OF MIAMI BUILDING AND VEHICLE MAINTENANCE DIVISION I. NAME The name of this entity shall be the Board of Directors of the City of Miami Building and Vehicle Maintenance Division. II. ESTABLISHMENT The Board of Directors is hereby established by incorporation of these Articles into the Collective Bargaining Agreement between the City of Miami and AFSCME, Local 1907. III. PURPOSE The general purpose of the Board of Directors is to effectively establish and to maintain employee empowerment and consensus management. The Board of Directors through consensus management and operational oversight shall determine the effective operational, personnel, and fiscal procedures of the City of Miami Motor Pool and Property Maintenance Divisions. The Board of Directors shall be responsible for the implementation of the annual budget and personnel management policies for the Building and Vehicle Maintenance Division of the General Services and Solid Waste Department. 95- 223 IV. SELF GOVERNANCE AND LABOR/MANAGEMENT COOPERATION The employees of the Building and vehicle Maintenance Division are empowered to and charged with the duty of self -governance in the work place and the responsibility for performing actions consistent with the general mission of providing quality municipal services in an atmosphere of labor/management cooperation. V. MEMBERS OF THE BOARD OF DIRECTORS The Board of Directors shall consist of nine (9) members as follows: 1. Superintendent of the Motor Pool 2. Superintendent of Property Maintenance 3. President of AFSCME, Local 1907 4. Director of the General Services and Solid Waste Department 5. Representative of the City Manager's Office 6. Representative of the Parks and Recreation Department 7. Representative of the Police Department 8. Representative of the Fire, Rescue and Inspections Department 9. Representative of the Public Works Department The initial selection of Board Members shall be jointly conducted and mutually accepted by the President of AFSCME, Local 1907 and the City Manager. Additional Members may be added to the Board of Directors subject to Section XI of these Articles. The Board of Directors shall select a chairman from its membership by a majority vote. The chairman shall serve for a two (2) year term. :: 95- 223 IN VI. CONDUCT OF THE BUSINESS OF THE BOARD Five (5) Members shall constitute a quorum. All actions of the Board of Directors, except those amending these Articles or removing Board Members, shall be performed by a majority vote of the Members. The Board of Directors shall conduct all meetings in accordance with Florida Government in the Sunshine Law and. shall maintain records in accordance with the Florida Public Records Act. Board meetings shall be conducted with parliamentary procedure. Board meetings shall occur no less than once -a -month with additional meetings scheduled as necessary to effectively conduct the business of the Board of Directors. A basic schedule of meetings shall be published at the beginning of each fiscal year. An agenda of the Board business shall be published and distributed to Members and posted on bulletin boards in the Building and vehicle Maintenance Division one (1) week in advance of each meeting. The Board of Directors shall, develop and implement necessary internal procedure to ensure the efficient and effective performance of the business of the Board of Directors. VI. REMOVAL OF BOARD MEMBERS Members of the Board of Directors may be removed for proper cause by seven (7) concurring votes of the Board of Directors and after consultation with and concurrence by the City Manager. Proper cause shall mean a Member's failure to discharge his or her duties, including but not limited to, failure to attend seventy percent (70%) of Board of Director's meetings within a one (1) year period. 95-- 223 @lx" i i VIII. POWERS OF THE BOARD OF DIRECTORS i The purpose of these Articles is to develop an effective and objective mechanism for the joint management and oversight of the j Building and Vehicle Maintenance Division. Subject to the allocation of funding by the City Commission in the adoption of the City s annual budget, the Board of Directors shall establish budgetary requirements and policy for the efficient management of. the Building and Vehicle Maintenance Division. The Board of Directors shall assist in the procurement of all necessary goods and services, provided that such procurement is consistent with the Charter and Code of Ordinances of the City of Miami; establish standards of performance and technical competence; and perform such other duties as are necessary for the effective i management of the Building and vehicle Maintenance Division. IX. PERSONNEL SELECTION The Superintendents of the Building and vehicle Maintenance Division shall be selected by criteria developed by the Board of Directors. The selection of assistants and foremen shall be conducted by criteria developed by the Superintendents subject to the approval of the Board of Directors. The selection of all other supervisory personnel shall be accomplished by criteria developed by the employees of the Building and Vehicle Maintenance Division subject to the approval of the Board. of Directors. The selection of all employees in the Building and Vehicle Maintenance Division shall be consistent with Federal and State law, the City's Charter and Code of Ordinances, Civil. 95- 223 Service Rules and Regulations, City of Miami Interview Procedures, the City's Affirmative Action Program, applicable labor agreements, and final approval by the City Manager. X. OPERATING RULES AND REGULATIONS To ensure that the purpose and conduct of joint labor/management operation of the work place is respected, an initial set of operating rules and regulations shall be developed with the direct participation of and approval by the employees of the Building and vehicle Maintenance Division. All operating rules and regulations shall be approved by the Board of Directors and shall be consistent with applicable provisions of the Collective Bargaining Agreement, Civil Service Rules and Regulations, and Administrative and Labor/Management Policies. XI. AMENDMENTS These Articles may be amended by six (6) concurring votes of the Board of Directors subject to the approval of the City Manager. Additional operating divisions of the General Services Administration and Solid Waste Department may be incorporated into the purview of the Board of Directors upon a majority election of the employees of the operating division and a majority vote of the Board of Directors. XII. ENUMERATION OF POWERS NOT EXCLUSIVE The Board of Directors shall upon recommendation to and approval by the City Manager, initiate whatever actions are necessary to -91- 95-- 223 VW19., efficiently operate the Building and Vehicle Maintenance Division. The powers of the Board of Directors as specified in these Articles shall be advisory in nature with final approval by the City Manager. All actions initiated by the Board of Directors shall be consistent with the Charter and Code of Ordinances of the City of Miami, the laws of the State of Florida and the United States, City of Miami Civil Service Rules and Regulations, applicable provisions of the Collective Bargaining Agreement and Administrative and Labor/Management Policies. XIII. DISSOLUTION The Board of Directors as specified by these Articles may be abolished after a majority vote by the employees of the Building and Vehicle Maintenance Division and after a waiting period of one hundred and twenty (120) days or by the City Manager after conferring with AFSCME, Local 1907 and after a waiting period of one hundred and twenty (120) days. Cesar H. Odio Date City Manager Charlie Cox, President Date AFSCME, Local 1907 --92- 95- 223 41t�r APPENDIX A JOB JOB TITLE ABBR. RANGE FLSA 001005 }BAIL CLERK MAIL CLERK 14A N 001006 MAIL CLERK SR MAIL CL SR 16A N 001008 CLERICAL AIDE CLER AIDE 09A N 001010 CLERK I CLERK I 12A N 001011 CLERK II CLERK II 14A N 001012 CLERK III CLERK III 16A N 001013 CLERK IV CLERK IV 20A N 001020 TYPIST CLERK I TYP CLK I 13A N I 001021 TYPIST CLERK II ' TYP CLK II 15A N �0 001022 TYPIST CLERK III TY CLK III 17A N w I 001023 TYPIST CLERK IV TYP CLK IV 19A Y 001025 SECRETARY I SEC. I 1SA N 001026 SECRETARY II SEC. II 17A N 001027 SECRETARY III SEC. III 19A N 001028 SECRETARY IV SEC. IV 21A Y 001031 CIS DESK OPERATOR CIS DKOPER 18A N 001035 LEGAL SECRETARY- LEGAL SEC. 19A N 001037 INTERROGAT STENO INTER STEN 19A N 001038 TECHNICAL TRANSCRIBER TECH TRANS 18A N 001039 PENSION CLERK PNSN CLERK 14A N 001040 TECH. OPER. LIAISON TEC OPR LI 19A N j 001042 LEGAL SERVICES AIDE LGL SR AID 15A N 001052 SERVICE CENTER REPRE- NET SCREPRENET 21A N 001060 CLAIMS REPRESENTATIVE CLAIMSREPR 19A N APPENDIX A JOB JOB TITLE ABBR. RANGE FLSA 001105 CASHIER I CASHIER I 15A N 001106 CASHIER II CASHIER II 17A N 001110 ACCOUNT CLERK ACCT CLERK 17A N 001119 ACCOUNTANT ACCOUNTANT 22A N 001120 ACCOUNTANT SR ACCT SR 25A y 001121 ACCOUNTANT SUPERVISOR ACCT SUPVR 28A Y 001126 STAFF AUDITOR SR* STF AUD SR 28A Y 001140 BUDGET ASSISTANT* BUDGT ASST 22A Y' I 001145 DEBT SERVICES COORD. DEB SR CDR 28A Y Jr- 001150 . INVESTMENT ANALYST* INVEST ANL 25A Y i 001152 INVESTMENT SPEC* INVEST SPC 28A Y 001153 FINANCE MANAGER FINANC MGR 33A Y 0011.5.4. GROUP INSURANCE AIDE GRPINSAIDE 19A N 001157 GROUP INSURANCE SPECIALIST GRPINSSPEC 28A Y 001201 MATERIAL SPEC I -BC MT SPC1-BC 16A N 001202 MATERIAL SPEC II -SC MT SPC2-BC 18A N 001203 MATERIAL SUPVR-BC MT SUPV-BC 21A N 001205 STOCK CLERK I STOC CLK I 14A N 001206 STOCK CLERK II STOC CL II 16A N C3t 001207 STOREKEEPER STOREKEEPR 19A N 1 001208 MATERIALS SPEC I-CR MT SP01-CR 16A N 001209 MATERIALS SPEC II-CR MT SP02-OR 18A N 001210 PROCUREMENT SPEC SR. PROC SP SR 26A N 001211 PROCUREMENT ASST PROCUR AST 20A N APPENDIX A JOB JOB TITLE ABBR. -RANGE FLSA 001212 PROCUREMENT SPEC PROC SPEC 22A N 001213 MATERIALS SUPV-CR MAT SUP-CR 21A N 001214 AUTO PARTS SUPVR AUT PAR SU 21A N 001215 PROCUREMENT SUPV* PROC SUPVR 29A Y 001224 AUTO PTS SPEC I AU PT SPC1 16A N 001225 AUTO PTS SPEC II AU PT SPC2 18A N 001230 PROP 6 LEASE MGR* PROSLSE MG 33A Y 001235 PROGRAM LIAISON PROG LIASN 29A Y 1 001305 ADMIN AIDE I ADM AIDE I 20A N 001306 _ ADMIN AIDE II* ADM AID II 22A Y 001307 TASK FORCE SUPERVISOR TFORCESUPV 24A Y 001309 ADMIN ASST I* ADM ASST I 25A Y 001310 ADMIN ASST II* ADM AST II 28A Y 001311 ADMIN ASST III* AD AST III 31A Y 001312 INTERGOVERN ASSISTANT INTRGV AST 22A N 001313 PERSONNEL AIDE PERS AIDE 19A N 001316 PERSONNEL ASST* PERS ASST 21A Y 001317 PERSONNEL SPEC* PERS SPEC 24A Y 001321 RESEARCH PSYCHOLOGIST RESRCHPSYC 28A Y 001323 PERSONNELIMEDICAL SERV REPRS P/M SRVREP 21A N 001324 PERS 9 SAFETY OFF* PERSSAF OF 26A Y i 001329 MANAG ANAL ASST* MGT ANL AS 24A Y 001332 TECH. OPERATNS COORD. TEC OP COO 22A Y 001334 MANAG ANAL SR* MGT ANL SR 28A Y I� APPENDIX A JOB JOB TITLE ABBR. RANGE FLSA 001336 MANAG ANAL CHIEF* MGT ANL CH 31A Y 001337 MANAG OPER ANAL* MGT OP ANL 26A Y 001339 FINANCE SERV COORD FIN SR 000 31A Y 001340 RESOURCE COORD* RESRC COOP 28A Y 001341 MARKET SER COORD MKTG SR CO 28A Y 001342 RSCH 6 DEVT SPEC* RES/DEV SP 28A Y 001344 PROCUREMENT CONTRACTS OFFICER PROCMTCOFF 29A Y 001345 FISCAL ASSISTANT* FISC ASST 22A Y 001347 CABLE COMM. ASSISTANT CAB CM AST 24A Y 001348 MARKETING SPECIALIST MKTG SPEC 24A N 001350 MARKETING SUPERVISOR* MKTG SUPVR 29A Y 001352 BUSINESS DEVELOP SR* BUS DEV SR 28A Y 001354 BUSINESS DEVELOPER BUS DEVLPR 26A Y 001356 BUSINESS DEV SUPV* BUS DEV SU 31A Y 001357 ECONOMIC ANALYST ECON ANLYS 26A Y 001359 ECONO ANAL PRINCPL* ECO ANL PR 30A Y 001360 JOB DEVELOPER JOB DEVLPR 19A N 001361 EMPLOYMT INTERVIEWER EMPL INTRV 17A N 001362 INFO & REFERRAL SPEC INF6REF SP 16A N CD 001363 INFO 6 REFERRAL AIDE INF&REF AD 12A N C31 001365 TRAINING OFFICER* TRNG OFFCR 26A Y 001366 STAFF ANLST ASST* STF AN AST 24A Y 001367 STAFF ANALYST* STAFF ANAL 26A Y �= 001368 STAFF ANLST SR* STF ANL SR 28A Y APPENDIX A JOB JOB TITLE ABBR. RANGE FLSA 001369 STAFF ANALYST PRNCPL* STF ANL PR 30A Y 001371 INTERNA. TRADE COORD. INTL TR CC 29A Y 001372 COMPLAINT SPECIALIST COMPL SPEC 22A N 001373 SAN. SERVICES COORD. SAN SR COO 25A Y 001375 JOB TRAIN. SPEC. JOB TRG SP 20A N 001376 JOB TRAIN SPEC.,SR. JB TR SP,S 22A N 001377 JOB TRAIN. SUPV.* JOB TR SUP 28A Y 001381 SANITATION SRVCS AIDE SAN SR AID 21A Y t 001382 SUPPORT SERVICES COOR SUP SR COO 31A Y v t 001384 PRODUCTVTY ANAL.,ASST PRD ANL,AS 24A Y 001385 PRODUCTIVITY ANALYST PRODUC ANL 26A Y 001392 TECHNICAL SUPPORT ANALYST TECHSANLST 27A Y 001405 PHOTOGRAPHER I PHOTOG I 20A N 001406 PHOTOGRAPHER II PHOTOG II 22A N 001414 PUBLIC REL SPLST* PUB REL SP 29A Y 001415 FIRE INFO 6 EDUC SPEC FIR I&E SP 24A N 001419 PUBLIC RELATIONS AIDE PUB REL AD 1§A N 001420 PUBLICITY WRITER PUB WRITER 25A Y 001421 PUBLIC REL AGNT PUB REL AG 23A Y 001422 PUBLIC INFO OFCR PUB INF OF 28A Y 0 001424 CONVEN ACTVY COORD* CNV AC CDR 28A Y 001427 ASST AUDITORIUM MANAGER ASSTAUDMGR 25A Y 001430 SPECIAL EVENTS AGENT SPEC EV AG 20A N 001432 SPC EVNTS COORD -CONY SP EV CO-C 25A Y 9 I I APPENDIX A JOB JOB TITLE 001434 NATIONAL SALES MGR* 001436 INTERGOVMENTAL FILM LIAISON 001440 FACILITIES PROMOTION AGENT 001505 SWITCHBOARD OPER 001521 PHOTOTYPESETTER 001522 CAMERA PLATEMK 001523 OFFSET PRESS OPR 001524 OFFSET PRESS OPR SR 001525 DUPLICAT EQP OP 001526 PHOTOLITHOGRAPHER 001528 PRINT SHOP ASST SUPT* 001529 PRINT SHOP SUPT* 001530 PRINT SHOP HELPER 001537 PROD CTRL SPV* 001540 SYSTEMS ENGR I 001541 SYSTEMS ENGR II 001554 COMPUTER OP I 001555 COMPUTER OP II 001557 COMPUTER OPR SUPV* 001560 PROGRAMMER ASST 001562 SYSTEMS PROGRAMMER* 001566 PROGRAMMER JR* 001567 PROGRAMMER* 001568 PROGRAMMER SR* ABBR. RANGE NAT SAL MG 30A INTRGV F/L 23A FACPROAGNT 23A^ SWTCHBD OP 14A PHOTOTYPST 17A CAMER PLAT 18A OFST PR OP 19A OF PR OP S 21A DUPL EQ OP 16A PHOTLTHGRP 18A PRT A/SUPT 27A PR SH SUPT 30A PR SH HLPR 12A PRO CTL SU 23A SYS ENG I 26A SYS ENG II 30A COMP OP I 20A COMP OP II 22A COM OPR SU 26A PROG ASST 23A SYST PROG 29A PROGRMR JR 26A PROGRAMMER 28A PROGRMR SR 30A FLSA Y Y Y N N N N N N N Y Y N Y N Y N N Y N Y Y Y Y APPENDIX A JOB JOB TITLE ABBR. . RANGE FLSA 001572 COMPUTER OPR CHF* COM OPR CH 32A Y 001576 SYSTEMS ANALYST SR SYS ANL SR 32A Y 001680 POLYGRAPH OPERATOR POLYG OPER 23A N 001582 TELEPROCESSING COORD* TELEPR 000 28A Y 001584 DATA LIBRARIAN DATA LIBRA 20A N 001586 SCHEDULER/EXPEDITER SCHD/EXPDT 21A N 001588 INFO CENTER SPEC* INF CT SPE 30A Y 001625 REVENUE INSPECTOR I REV INSP I 21A N 001626 REVENUE INSPECTOR- II REV INS II 23A N � t 001629 COLLECTIONS/BILLING SUPV COL/B SUPV 28A Y 001810 CLAIMS ADJUSTOR I CLMS ADJ I 22A Y 001812 CLAIMS ADJUSTOR II CLMS ADJ 2 24A Y 001820 COLL/SUBROGATION SPEC COL/SUB SP 24A Y 002011 SURVEYOR SURVEYOR 30A Y 002013 ENG TECH I ENG TECH I 18A N 002015 ENG TECH IT ENG TEC II 20A N 002017 ENG TECH III ENG TECH 3 24A N 002018 ENG TECH IV ENG TEC IV 27A Y 002021 PUBLIC WORKS ENG PUB WK ENG 24A N 002029 STREET LIGHTING ENG I ST LT ENG1 27A Y 002031 ENGINEER I ENG I 27A Y 002032 PROFESSIONAL ENGINEER II PROFENG II 30A Y 002033 PROFESSIONAL ENGINEER III PROFENGIII 33A Y I� 002034 PROFESSIONAL ENGINEER IV PROFENG IV BSA Y APPENDIX A JOB 008 TITLE ABBR. -RANGE FLSA 002040 ELEC ENGINEER ELEC ENGNR 33A Y 002048 ARCHITECT I ARCH I 26A Y 002049 ARCHITECT II ARCH II 29A Y 002050 ,ARCHITECT III ARCH III 31A Y 002051 LANDSCAPE AIDE LNDSCP AID 19A N 002052 LANDSCPE TECHNICIAN LNDSCP TEC 25A N 002053 LANDSCPE ARCHITECT LNDSCP ARC 29A Y 002054 LANDSCPE ARCH SUPV LNDS AR SV 31A Y 002056 PROJECT REP. PROD REPRE 27A Y 0 I 002060 CABLE TV ENGINEER* CAB TV ENG 31A Y 002110 BLDG INSP I BLDG INS I 25A N 002111 BLDG INSP II BLDG INS 2 27A Y 002112 BLDG INSP CHIEF BLD INS CH 31A Y 002120 ELEC INSP I ELEC INS I 25A N 002121 ELEC INSP II ELEC INS 2 27A Y 002122 ELEC INSP CHIEF* ELE INS CH 31A Y 002130 PLUMBING INSP I PLMB INS I 2�A N 002131 PLUMBING INSP II PLMB INSP2 27A Y 002132 PLUMBING INSP CHF* PLMB IN CH 31A Y CD gyp 002145 SIGN INSPECTOR SIGN INSP 21A N 002150 ZONING INSPECTOR I ZON INSP I 23A N 002151 ZONING INSP II ZON INS II 26A Y 0021.52 ZONING INSP CHF* ZON INS CH 29A Y 002155 CODE ENFORCEMENT INSP-NET C/E ISPNET 24A Y APPENDIX A JOB JOB TITLE ABBR, RANGE FLSA 002158 MECH INSP I MECH INS I 25A N 002159 MECH INSP II MEC INS II 27A Y 002160 MECH INSP'CHIEF* MEC INS CH 31A Y 002176 SUPV PERMITS 6 REV SUPV PERSR 29A Y 002177 CODE ENFORCEMT SUPV COD ENF SU 27A Y 002176 CHIEF CODE ENFORC OFF CHF C/E OF 31A Y 002181 CABLE TV TECH SPEC CATV/T SPE 21A N 002183 CABLE TV TEC SPEC SR CATV SP SR 23A N 002204 GRAPHIC ILLUSTR GRAPHC ILL 22A N 002205 PLANNING ILL I PLNG ILL I 19A N 002206 PLANNING ILL II PLNG IL II 22A N 002207 PARK PLAN AIDE PRK PLN AD 20A N 002208 PLANNING TECH PLNG TECH 24A N 002210 PARK PLAN CORD PK PLN COR 29A Y 002214 HOUSING SPEC ASST HSG SP AST 23A N 002219 PLANNING INTERN PLNG INTRN 16A N 002220 PLANNER I PLANNER I 27A Y 002221 PLANNER II PLANNER II 31A Y 002222 PLANNER III* PLANNR III 34A Y 002224 COMM DEV COORD* COM DEV CO 32A Y 002225 HOUSING SPCL HSG SPEC 26A Y 002226 HOUSING SPCL PRNCPL* HSG SPC PR 31A Y 002227 HOUSING SPEC SR* HSG SPC SR 28A Y 002228 HSG RHB LN/O SR HS R L/O S 26A Y APPENDIX A JOB JOB TITLE ABBR. RANGE- FLSA 002229 HOUSING RHB LN/O HS PH LN/O 23A N 002230 HOUSING RHB EST HSG PH EST 23A N 002231 HSG RHB ESTIM SR HS R/ES SR 26A Y 002232 SOC PRG ANALYST SOO PPG AN 22A N 002233 SOC PRG ANL AST SO/P AN AS 20A N 002234 SOC PRG ANL SR* SO/P AN SR 25A Y 002235 SOC PRG ANL SUPV* SO/P AN SU 28A Y 002237 COMMTY DV PRJ SUPV_* 0/0 PR SUP 29A Y u 0 002238 SPECIAL FUNDING SERVICES COORDINATOR SPC F.S.CD 26A Y N I 002239 SOCIAL PROG COOPD* SOO PR COO 31A Y 002240 HSG RHB LN/O ASST HS R L AST 19A N 002244 HSG RHB ESTIM ASST HS P/E AST 19A N 002248 URB ACT GRNT COORD* U/AC GR CO 32A Y 002252 URBAN DEVELOP COORD UPS OV COP 29A Y 002263 PROJECT DEVLPMT COORD PROJ OV CO 31A Y 003001 LABORER I LABORER I 15L N 003002 LABORER II LABORER II 16L N 003005 LABORER III LABORER 3 17L N 003010 LABOR CREW LOP I LA OR LD I 18A N cn ( 003011 LABOR CREW LDR II LA OR LD 2 22A N 003012 PUBLIC WKS SUPV PUB WK SUP 28A Y 003022 SANI SUPERVISOR* SAN SUPVR 25A N 003025 WASTE COL SUPT AST* W/O SUP AS 28A Y 003026 WASTE COL SUPT* W/COL SUPT 31A Y 9 CO tR I APPENDIX A JOB JOB TITLE ABBR. 'RANGE FLSA 003104 AUTO EQP OP I AEO I 17L N 003105 AUTO EQP OP II AEO II 19L N 003106 AUTO EQP OP III AEO III 21L N 003107 AUTO EQP OP IV AEO IV 22L N 003301 MAINT MECH HELPER MNT MEC HL 17A N 003302 MAINT MECHANIC MAINT MECH 20A N 003303 MAINT MECH SUPV MNT MEC SU 23A N 003305 AIR COND MECH A/C MECHAN 26A N 003309 ELEC MAINTENANCE ELEC MAINT 23A N 003310 ELECTRICIAN ELECTRICIA 26A N 003311 ELEC SUPERVISOR ELEC SUPVR 27A N 003313 GEN. MAINTNC, WORKER GEN MAI WK 17A N 003314 GEN MAINT REP-PNT/MEC GMR-PIMECH 20A N 003315 GEN MAINT REP-CARPEN. GMR-CARPEN 21A N 003316 GEN MAINT REP-ELECTR/AIR CONO, GMR-E/AIRC 23A N 003318 GENERAL REPAIR MAINT SUPV GENRMTSUPV 23A N 003320 ELEC LINE WORKER ELE LIN.WK 24A N 003321 ELEC LINE SUPV ELE LIN SU 26A N 003322 PLUMBER SUPERVISOR PLUMR SUPV 27A N 003324 PLUMBER PLUMBER 26A N 003326 CARPENTER CARPENTER 21A N 003327 CARPENTER SUPV CARP SUPVR 23A N 003328 MASON MASON 21A N 003335 PAINTER PAINTER 20A N APPENDIX A JOB JOB TITLE ABBR. RANGE FLSA 003336 AUTO BODY WRKR/PNTR AUT BO W/P 22A N 003337 PAINTER SIGN PAINTR SIG 21A N 003858 PAINTER SUPV PAINTR SUP 23A Y 003339 AUTO PNT/BDY SHOP SPV AU P/B SUP 24A N 003340 PIPEFITTER PIPEFITTER 19A N 003341 PIPEFITTER SUPV PIPFTR SUP 22A N 003350 WELDER WELDER 22A N 1 003351 MACHINIST MACHINIST 25A N 0 003360 FACILITIES OPER WRKR. FAD OP WKR 16A N 1 003362 FACILITIES OPER SUPVR FAD OP SUP 23A N 003370 PROP MAINT ASST SUPT* P/M AS SUP 28A Y 003371 PROP MAINT SUPT* PR MT SUPT 31A Y 003372 POL SECUTY S FAD SUPV POL SSF SU 21A N 003374 POLICE FAD ASST POL FAD AS 19A N 003375 BLDG MNT SPVSR* BL MNT SUP 28A Y 003402 FUEL FAD ATT FUEL FAC A 15A N 003404 AUTO MECH HELPER AUT MEC HL 17A N 003405 AUTOMOTIVE SERVICE WRITER AUTOSWRTER 19A N 008406 AUTO MECHANIC AUTO MECHA 23A N 003407 AUTO MECH SUPV AUT MEC SU 25A N 003408 FUEL FAD SUPV FUEL FA SU 21A N 003409 HEAVY EQP MECH HELPER H/E MEG HE 18A N _ 003410 HEAVY EQP MECH HVY EQ MEC 24A N 003411 HEAVY EQP MECH SUPV H/E MEC SU 26A N APPENDIX A JOB JOB TITLE ABBR. RANGE FLSA 003420 GARAGE ASST SUPT* GAR AST SU 29A Y 003452 SUPT.- GARAGE OR MOTOR POOL SUPT-GP/MP 30A Y 003455 FLEET MANAGEMENT REPRESENTATIVE FLEETMGREP 22A Y 004005 CUSTODIAN I CUSTOD I 14L N 004006 CUSTODIAN II CUSTOD II 15L N 004007 CUSTODIAN SUPV OUST SUPVR 17A N 005016 POL PROP UNT MGR* POL P/U MG 32A Y 005017 POL PROP UNT AST MGR* P/U AST MG 29A Y I u 005018 POL PROP UNT SUPV' POL PU SUP 26A Y 005019 IDENTIFICATION AIDE IDENT. AID 16A N 005020 POLICE COMM CLRK POL COM CL 18A N 005022 POL PROP SPEC I POL PR SP1 17A N 005024 POL PROP SPEC II POL PR SP2 19A N 005025 IDENT TECH I ID TECH I 22A N 005026 IDENT TECH II ID TECH II 26A N 005027 ID/TECH SERVICES SUPV ID/TEC SUP 28A Y 005030 LATENT PRINT EXAMINER LAT PR EXA 26A N 00SO60 POLICE RECORDS SUPR* POL REC SU 28A Y 005067 SPECIAL EVENTS COORD-POL SEVNTSCORD 25A Y 005068 ALARMS SPECIALIST ALARMS SPC 21A N 005070 CRIME ANALYST I CRIM ANL I 22A N 6 005071 CRIME ANALYST II CRI ANL II 24A N 005076 PROF COMPLIANCE ASST PRO COMAS 19A N 005077 PROF COMPL REP* PR COM REP 26A Y APPENDIX A JOB JOB TITLE ABBR. 'RANGE FLSA 005079 EMERGENCY PLAN SPEC EMER PL SP 29A Y OOS110 PARKING ENFORCEMENT OFFICER I PARKE OFFI 14A N 005113 PARKING ENFORCEMENT OFFICER II PARKEOFFII 17A N OOS302 FIRE SFTY SPEC. SR. F.SF SP SR 25A Y 005303 FIRE SFTY SPEC-SUPV* F.SF SP SU 27A Y 005304 FIRE SFTY SPEC FIR SFT SP 23A N 005312 EXCRSE PHYSIOLOGIST* EXER PHYSI 27A Y 005314 PARAMEDIC INSTRUCTOR* PARAM INST 29A Y u 005316 FIRE SERV INSTRUCTOR* FIR SR INS 24A Y 005318 FIRE SAFETY EDUC SUPV FIR S6E SU 27A Y I 005319 FIRE RESOURCE/SAFETY TEACHER FRESSSTEAE 24A Y 005320 VIDEO PROGRAM SPEC VID PRO SP 23A Y 005323 VIDEO PROGRAM PROD* VID PR PRO 28A Y 005326 FIRE PROTECTION ENG. FIR PR ENG 28A Y 005404 COMM REPAIR WRKR COM REP WK 21A N 005405 COMM TECH COMM TECH 25A N 005406 COMM TECH SUPV COM TEC SU 27A N 005407 COMM MAINT ASST SUPT* CM AS SUPT 28A Y 005408 COMM TECH SUPT* CM TE SUPT. 33A Y CD 005413 COMMUNICATIONS ASST COMM ASST 20A N 005415 COMM OPERATOR COMM OPER 22A N 005416 COMM OPER SPVSR COMM OP SU 24A N 005420 TELL SYS DEV MGR TEL SY MGR 33A Y W 005510 GUARD GUARD 13L N w Cn i APPENDIX A JOB JOB TITLE ABBR, RANGE FLSA 005512 CITY RANGER CITY RANGR 14A N 005520 STABLE ATTENDANT STABLE ATT 15A N 005523 STABLE ATTNDNT SUPVR, STA ATT SU 18A N 005529 FACILITY ATTEND FAC ATTNDT 14A N 005530 MARINAS FACLT ATT MAR FAC AT 13L N 005537 LABORATORY AIDE LAB AIDE 14A N 006001 GOLF COURSE ATTENDANT GOLFC ATTN 16A N 006003 GROUNDS TENDER GRNDS TNDR 16A N 006005 PARK TENDER I PK TNDR I 17A N 006007 PARK TENDER II PK TNDR II 19A N 006010 GREENSKEEPER GREENSKEEP 23A N 006015 TREE TRIMMER TREE TRIMR 16A N 006016 TREE TRIM CREW LDR TR.TRM LDR 18A N 006020 CEMETERY SEXTON CEMET SEXT 20A N 006021 PARKS NATURALIST PKS NATLST 23A N 006025 NURSERY TENDER NRSRT TNDR 17A N 006026 HORTICULTURIST HORTICULTU 23A Y 006029 BEACH OPERATIONS SUPV BCH OP SUP 28A Y 006035 PARKS SUPV I PRKS SUP I 18A N 006036 PARKS SUPV II PRK SUP II 22A N 006037 PARKS GEN SUPV PRK GEN SU 23A N 006047 PRKS TCH SER SPV MSC* PK TE SU-M 27A Y 006048 PRKS TCH SER SPV ESS* PK TE SU-E 27A Y 006049 PARKS OPRTNS CORD* PRK OPR CD 27A Y APPENDIX A JOB JOB TITLE - - 006050 PARKS SUPT OF* _ 006051 OPERATIONS,ASST CHIEF 006053 CHF OF OPERATIONS,PKS - 006055 FAC & GRDS TF MG 006059 ASST STADIUMS MANAGER 1! 006062 MARINE STAD MGR* 006064 AUDITORIUM MANAGER ASST 006065 AUDITORIUM MGR* 0 006068 MARINAS AIDE A 0 006069 MARINAS ASSISTANT* 006070 MARINAS MANAGER, ASST. 006071 MARINAS MANAGER 006080 PARKS 6 RECREATION MGR I 006081 PARKS & RECREATION MGR II j 006105 LIFEGUARD (P/0) ! 006106 POOLS MANAGER 006107 POOLS SUPERVISOR C.$t 006109 LIFEGUARD SR. (P/0) 006119 CULT AFFR COORD* %J 006120 TENNIS SUPVSR _ 006123 PROGRAM COORD. 006124 PROGRAM COORD, ASST 006126 SUPTO. OF RECREATION 006127 PROGRAM ASSISTANT ABBR. RANGE PARKS SUPT 31A OPR AST CH 29A CHF OP,PKS 33A FAC G6T MG 26A ASSTSTAMGR 30A MAR STA MG 27A AUD MG AST 25A AUDIT. MGR 29A MARIN AIDE 16A MARIN ASST 19A MAR MG,AST 26A MARINASMGR 29A P6R MPG I 23A P&R MGRII 26A LIFEGD P/O 17A POOLS MGR 21A POOLS SUPV 22A LIFGD SR-P 19A CUL AFF CO 29A TENNIS SUP 19A PRG COORD 29A PRGCORDAST 25A SUPTD-RECR 31A PRG ASST 12A FLSA APPENDIX A JOB JOB TITLE ABBR. RANGE FLSA 006128 PROGRAM LEADER PRG LOP 20A N 006129 PROGRAM SPECIALIST PPG SPEC. 18A N 006132 GOLF COURSE SUPT* GOLF SUPTD 31A Y 006133 ASST. SUPT. OF GOLF AST SUP GO 29A Y 006135 BASEBALL SUPV BASBALL SU 20A Y 006137 VOLLEYBALL COORDINATOR VBALLCOORD 18A N 006141 LIAISON SPECIALIST LIAIS SPEC 26A Y 006144 GEN RECREATION PROG PLANNER GENRECPPLN 29A Y 006146 REC DISTRICT SUPV REC DIS SU 24A N 006148 REC SPECIALIST SR REC SPO SP 21A N 006149 REC SPECIALIST REC SPEC 18A N 006151 WATER SPORTS INST WATR SP IN 23A N 006152 BOXING SUPERVISOR BOXING SUP 22A Y 006156 YOUTH PGM. SPEC* YTH PR SPC 25A Y 006160 FITNESS CENTER SPECIALIST FIT C SPEC 21A N 006162 RECREATION ASST SUPT REC AST SU 29A Y 006164 PARKS 6 RECREATION SERV COORD P6RSRVCORD 29A Y 006170 EVENTS SPECIALIST EVNTS SPEC 24A N 006172 EVENTS SUPERVISOR EVNTS SUPV 29A Y 006300 'DAY CARE ADMIN* DAY CAR AD 29A Y 006301 DAY CARE ADM AST* D/C AST AD 25A Y 006302 DAY CARE CTR SUPV D/C CT SUP 25A Y 007004 MEDICAL ASST* MED. ASST 16A N 007006 HEAD NURSE* HEAD NURSE 28A Y APPENDIX A JOB JOB TITLE ABBR. RANGE FLSA 007017 JOBS TRAIN PROG COORD JOB PR COP 33A Y 007018 VOCATIONAL COUNSELOR VOCAT COON 22A N 007019 CITZN PPGM SUPV* CITZ PR SU 28A Y 007020 COMM INVOL ASST COM INV AS 19A N 007021 COMM INVOL SPEC COM INV SP 21A Y 007023 CITZN PART SUPV* CITZ PA SU 26A Y 007024 I REFUGEE COUNSELOR REFUG COUN 17A N 007031 SANI INSP II* SAN INS II 23A y 0 1 007032 SANI INSP CHIEF* SAN IN CHF 26A Y w i� APPENDIX B JOB JOB TITLE ABBR. RANGE FLSA 001036 LEGAL SECRETARY SR.* LEG SEC SR 21M N 001122 SUPERVISOR OF PAYROLLS SUPVPYPOLL 3041 Y 001124 AUDITOR* AUDITOR* 2FIM Y 001125 STAFF AUDITOR* STAFF AUD 26A1 Y 001127 STAFF AUDITOR PRINC* STF AUD PR 30M Y 001128 ASST AUDITOR* ASST AUDTR 19M N 001159 GROUP INSURANCE SUPERVISOR GRPINSSUPV 31M Y 001160 INSURANCE COORDINATOR INSUR COOR 26M Y 001318 PERSONNEL OFF* PERS OFFCR 26M Y II' 001320 PERSONNEL OFF SR* PER OFF SR 28M Y N ~' I 001322 PERSONNEL SUPVR* PERS SUPVR 30M Y 001325 PERSONNEL ADMR, ASST* PER ADM,AS 32M Y 001326 VALIDATION SUPV* VALID SUPV 34M Y 001328 CLASSIF&COMPENSA SUPV CL/COMP SV 34M Y 001330 SAFETY COORD* SAFTY COOR 31M Y 001335 MANAG ANAL PRNCPL* MGT ANL PR 30M Y 001338 MANAG ANAL SUPV* MGT ANL SU 32M Y 001570 SYS SOFT MANAGER* SYS SOF MG 34M Y 001573 DATA BASE MANAGER* OAT BAS MG 351A Y 001577 PROJECT ANALYST PROJ ANLST 33M Y 001587 INFO. CENTER MANAGER INF CTR MG 34M Y 001816 CLAIMS ADJUSTOR III CLMS ADJ 3 26M Y 001822 CLAIMS SUPV., ASST. CLM SV,AST 28M Y 001824 CLAIMS SUPERVISOR OLMS SUPVR 30M Y APPENDIX B JOB JOB TITLE 005711 ADMIN ASSISTANT III 005726 ACCOUNTANT SUPV M/C" 005740 STAFF ANALYST SENIOR 005742 STAFF AUDITOR SENIOR 008124 SERVICE CENTER MANT WRKER-NET 008126 SERVICE CENTER REPRE-NET w ABBR. . RANGE FLSA ADMASSTIII 31M Y ACC SUP -MC 28M Y STF ANL SR 28M Y STF AUD SR 28M Y SCMTWKRNET 17U N SCREPRENET 21U Y APPENDIX B JOB JOB TITLE ABBR. RANGE 007500 EXEC SEC CITY ATTY EXE SEC -CA 23U 007505 SR SECRETARY SR SECRETA 21U 008000 ADM ASST TO THE CM ADM AST -CM 290 008002 COMMISSIONER'S AIDE COMM AIDE 090 008003 ADMIN ASST-CITY C ADM AST -CC 210 008005 ADMIN ASST SR -CITY C AD AS SR-C 230 008006 CHIEF OF STAFF -CC CHF,STAFCC $40 008007 EXECUTIVE SECRETARY EXEC SECRE 230 008008 SECRETARY III" SECRE III 19U 008009 SPECIAL AIDE SPEC AIDE 150 008012 MARINE DEVELP SPEC MAR OV SPC 31LI 008015 ADMIN SECTY I ADM SEC I 190 008018 ADMIN SECTY II ADM SEC II 210 008020 SPECIAL ASST TO MGR SP ASST-CM 260 008021 EXEC.AIDE TO CITY MGR EX AIDE -CM 250 008023 LABOR RELNS SPLT LB REL SPC 27U 008024 EXEC ASST DATA MGT EX AST -OAT 34U 008027 ECON COORD MGR I E.C. MGR I 32U 008028 ECON COORD MGR II E.C. MG 22 33U 008029 CHIEF PROC. OFFICER CHF PR OFF 35U 008034 TYPIST CLERK I TYP CLK I 13U 008035 TYPIST CLERK II TYP CLK II 15U 008087 TYPIST CLERK III* TY CLK III 17U 008039 RECEPT/TYPIST-CM.OFFC REC/TYP-CM 180 FLSA Y N Y Y Y Y Y13.1 ;} Y 1! N 7 Y Y'. Y Y Y' Y Y. y fi Y I Y N �t N N N �4 ! l<i 4� APPENDIX B JOB JOB TITLE ABBR, RANGE FLSA 008050 ASST TO DIR-PKS SPEC ASST TO DI 31U Y 008080 ASST TO DIP -SOLID WASTE ASST-DIRSW 32U Y 008081 ASST TO DIR-COM.DEV ASST TO DI 29U Y 008082 ADMIN ASST I* ADM AST. I 25U Y 008083 ADMIN ASST II ADM AST II 28U Y 008084 RECEPTIONIST RECEPTNST 170 Y 008086 ASST TO DIP - PERS. MGT ASTTODIRPM 34U Y 008091 GENERAL CLERK GEN. CLERK 150 Y 008099 ADMIN AIDE - CITY MGR ADM AID -CM 210 1 008101 SECRETARY IV SECRE. IV 21U Y 008102 SR PROTOCOL OFCR SR PROT OF 28U Y 008104 SECRETARY II SECRE, II 17U N 0081.08 CONTRACTS ADMIN CONTR ADMN 29U Y 008110 ADMIN OFFICER -CC ADM OFF -CC 290 Y 008111 EVENTS COORDINATOR EVNTS COOR 25U Y 008113 TECHNICAL OPERATIONS LIAISON TECH OP LI 19U Y 006114 CONCERT PROMO/PRODCER CONC PR/PD 29U Y 008115 ASST TO DIRECTOR-PW ASST TO DI 31U Y 008116 TECHNICAL TRANSCRIBER TECH TRANS 18U Y 008117 TECHNICAL OPER COORD TECHOPCOOR 22U Y 008118 BUSINESS MANAGER BUSI. MGR 34U Y 008120 CHIEF DEPUTY CLERK CHF DEP CL 29U Y 008122 RECORDS RETEN COORD REC PET CO 25U Y 008123 SUPPORT SERV MANAGER SUP SR MGR 34U Y APPENDIX B JOB JOB TITLE ABBR. RANGE FLE 008125 INTERGOVERN ASSISTANT INTRGV AST 220 y 008127 CULTURAL LIAISON AIDE CULT LI Al 26U Y 008128 CLERK/RECEPTIONIST CLk/RECEP7 120 N 008130 ASST TO DIP GSA AST TO D-G 32U Y 008131 OFFICE MANAGER OFFICE MAN 240 Y 008133 FISCAL PROG ADVISOR FISCAL PRO 24U Y 008134 RESOURCE ALLOCATION MANAGER RS ALL MGR 34U Y 008135 MARKETING COORDINATOR MARKETCOOR 28U Y F� F-+ 008137 PUBL RELATIONS AGENT PUB REL AG 23U Ln 008138 HOUSING DEVELOP COORD HOU DV Y C00 32U Y 008139 AGENDA COORDINATOR AGENDA CRD 27U Y 008140 AGENDA COORD, ASSISTANT A.000RDAST 23U Y 008143 GRANTS MGMT. AIDE GRNT MG Al OlU , 008144 GRANTS COORDINATOR Y GRNT COORD 29U Y 008145 TYPIST CLERK IV ={ TC IV 19U N Lr 008146 MANAGEMENT ASSISTANT MGMT ^SFr 008148 ASST TO DIR-MGT AUDIT ASST 26U Y ASST TO DI 30U Y 008150 NURSE ADVISOR ; ', r NURSE ADVR 29U y 008152 FLEET MANAGER FLEET MGR 32U Y `k a c, 008155 FINANCE OFFICER FINAN i ' 008156 SR AFFIRM ACTION SPEC OFF. 33U y SR A/A SPC 26U � 008158 AFFIRMATIVE ACTION SUPV AFFACTSUPV 2� 31U Y 008160 CHIEF ARCHITECT CHIEF ARCH 36U y'r3X, 008162 LEGAL ASSISTANT LEGALASSIT 26U y rl:= kT v4ir �` _n v. is i� APPENDIX B JOB JOB TITLE ABBR. RANGE FLSA 008164 NATIONAL SALES MGR NAT SAL MG 30U Y 008166 CONVENTION MANAGER CONVEN MGR 31U Y 008167 SALES MANAGER SALES MANA 31U Y 008170 ASST TO DIP-INTNL ASP ASST TO DI 28U Y 008172 SPEC GRNTS MGMT COORD SPEC GRNTS 26U Y 008173 EDP AUDITOR EDP AUOTOR 31U Y 008174 CHIEF INTERNAL AUDITOR CHFINTLAUD 32U Y 008178 NET CODE ENFORCEMENT COORD NETCE.CORD 27U Y I 008183 ASSISTANT TO DIRECTOR -POLICE ASST-DIRPO 31U Y. N 008199 EMERGENCY PREP COORD. EM PRE COP 32U Y rn I 008206 ADMIN ASST III AD AST III 31U Y 008210 ZONING ADMINISTRATOR ZONING ADM 32U Y 008220 ASST EXEC SEC-H.BRDS AST EX SEC 31U Y 008326 CABLE COMM ADMIN CAB CM ADM 32U Y 008408 SUPP. SERVICES COORD. SUP SR COR 31U Y 008410 COMMISSION REPORTER C.REPORTER 21U Y 008411 ADMINISTRATIVE CLERK ADMIN CLRK 17U Y 008414 MARINA DEVELOPMENT MANAGER MARINADMGR 31U Y 006418 SENIOR SPECIAL ASST TO CITY MGR SRSPCASTCM 310 Y CD 008420 MEDIA RELATIONS SPEC. MED REL SP 23U Y i 008425 PARKS 6 RECREATION SERV COORD PSRSERCORD 26U N 008428 SISTER CITIES 6 PROTOCOL ASST S06P ASST 29U Y zNv 008430 SISTER CITIES 6 PROTOCOL COORD SCSP COORD 31U Y W 008440 DEVELOPMENT COORDINATOR DEV COORD 32U Y APPENDIX B JOB JOB TITLE ABBR. RANGE FLSA 008442 PUBLIC INFO. LIAISON PUB INF LI 23U Y 008449 RESEARCH ASSISTANT RESRCH AST 26U Y 008466 PLANNING ILLUSTRATOR PLAN ILLUS 22U Y r. 008470 CAPITAL IMPROVMT ADMINISTATOR CPIMPRVAOM 33U Y 008472 CHIEF OF OPERATIONS CHF OF OPR 82U Y 008474 CAPITAL IMPROVEMENT ASSIST CPI ASSIST 28U Y 008476 HOMELESS PROGRAM COORDINATOR HMLSPRGCRD 25U Y 008480 SERGEANT -AT -ARMS SGT-AT-ARM 34U Y 008498 EXEC ASST-FIRE CHF/C EX ASST-FC 31U Y 008510 ARCHIVIST/RECORDS ADMIN A/RECRDAOM 34U Y. 008515 RECORDS SYSTEM SPECIALIST RECRDSYSSP 26U Y 008610 VIDEO ASSISTANT VIDEO ASST 22U Y 008622 ABATEMENT BOARD COORDINATOR A/BRDCOORD 28U Y 008702 SR. TRAIN. OFFICER SR TRG OFF 28U Y 008704 JOB TRAIN. SUPV- JOB TR SUP 24U Y 008706 SR. JOB TRAIN SPEC SR JB/T SP 22U Y 008708 JOB TRAIN. SPEC. JOB TRN SP 20U Y 008710 INFO & REFERL AIDE* IN&REF AID 12U N 008715 INFO 6 REFERL SPEC* IN&REF SPE 16U N 008718 CLERK I CLERK I 12U N 008719 CLERK II CLERK II 14U N 008720 EMPLOY INTERVIEWER* EMPLOY INT 17U N 008724 ACCOUNTANT ACCOUNTANT 22U Y 008726 ACCOUNT CLERK ACCT CLERK 17U N APPENDIX B JOB JOB TITLE ABBR, RANGE FLSA 008730 JOB DEVELOPER" JOB OEVELO 19U N 008736 PUBLIC INFORMATION COORD PUB INF CO 3QU Y 008737 PUBLIC INFO. OFFICER PUB IN OFF 28U Y 008738 PUBLIC INFO. SUPVR, PUB IN SUP 27U Y 008745 BUILDING DIVISION CHIEF BLDG DV CH 32U Y 008750 SPECIAL PROJECTS ASST SP PROJ AS 27U Y 008752 LEGISLATIVE COORD LEGIS COOP 25U Y 008760 COMMUNITY COORD-0/T COM COP-OT 25U Y 008764 FINANCIAL OEV COORD FIN OV COR 31U Y 008770 ADMIN AIDE I ADM AIDE I 20U N 008773 ADMIN AIDE II ADM AID II 22U Y 008774 PENSION BOARD ADM PENS BD AD 35U Y 006782 DEVELOPMENT SERV AIDE OV SRV AID 22U Y 008785 AUDITORIUM MGR ASSIST AUD MGR AS 25U Y 008788 TRAINING & DEVELOPMENT COORD T&D COORD 31U Y 008790 SPEC.EVENTS AGENT SP EVT AGT 20U Y 008793 SPEC PROJECTS COORD SP PROJ CO 29U Y CITY OF MIAMI, FLORIDA � INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: of the ity Commission Z: SUBJECT: FROM : Cesar H. Odio REFERENCES: City Manager ENCLOSURES: FILE : Resolution Ratifying 1995- 1998 Labor Agreement Between the City of Miami and AFSCME Local 1907 It is recommended that the City Commission adopt the attached Resolution authorizing the execution of a labor agreement between the City of Miami and the employee organization known as the Miami General Employees American Federation of State, County and Municipal Employees (AFSCME), Local 1907, AFL-CIO for the period of October 1, 1995 - September 30, 1998 per the attached resolution. Under Florida Statutes, Chapter 447, the City is required to bargain collectively with the certified bargaining representatives of the AFSCME, Local 1907. In conjunction wi-h the Retirement Incentive Program, the City and AFSCME, Local 1947 have reached a successor labor agreement acceptable to both sides. As a result of those negotiations, the City and AFSCME, Local 1907 have a agreed to •a three year labor agreement. This agreement provides for a 0% across-the-board increase for fiscal year 1995-96, a 4% across-the-board increase in January 1997 and a reopener on wages for fiscal year 1997-98. Other articles negotiated include shift assignment and days off by seniority; overtime selection process by seniority by classification; no layoffs of bargaining unit employees for the term of the agreement; continuation of the provision to purchase up to a maximum of three whole years of service upon retirement at present value with after-tax dollars utilizing employee leave balances; employment preference in order of City residency first, county residency second and thereafter residency outside of the county; and funding issues to be submitted to arbitration if the City is unable to fund benefits for the second and third year•of the labor agreement. 95- 223 Honorable Mayor and Members of the City Commission RE: Ratifying AFSCME Labor Agreement Page 2 of 2 It is requested that the City Manager be authorized to enter into the attached labor agreement for 1995-1998 between the City of Miami and AFSCME, Local 1907. cc: Manohar Surana, Assistant City Ma ger A. Quinn Jones, City Attorney Ramon Irizarri, Assistant City Attorney 95- 223