Loading...
HomeMy WebLinkAboutR-94-0338J-94-377 5/3/94 RESOLUTION NO. 9 4— 3 3 8 A RESOLUTION, WITH ATTACHMENT(S)I ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE "ARTICLE 21, WAGES", "ARTICLE 28, GROUP INSURANCE", ARTICLE 31, SICK LEAVE" AND A NEW ARTICLE ON RESIDENCY, OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE SANITATION EMPLOYEES ASSOCIATION, FOR THE PERIOD OF OCTOBER 1, 1991 THROUGH SEPTEMBER 30, 1994, UPON THE TERMS AND CONDITIONS SET FORTH IN ARTICLES 21, 28, 31 AND THE NEW ARTICLE ON RESIDENCY, ATTACHED, WHICH ARE INCORPORATED BY REFERENCE INTO SAID COLLECTIVE BARGAINING AGREEMENT. WHEREAS, on September 16, 1991, the City Commission ratified the Collective Bargaining Agreement between the City of Miami and the Sanitation Employees Association ("SEA"), except that certain t' articles remained opened; and WHEREAS, in April, 1994, the City and SEA successfully completed negotiations on Article 21, Wages, Article 28, Group Insurance, Article 31, Sick Leave, and a new Article on Residency; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. A,TTACT s) . CITY COMSSrOR MEETING Og MAY 0 5 9994 Resolution Na 94— 338 Section 2. The City Manager's recommendation is hereby accepted, and the City Manager is hereby authorized to execute Articles 21, 28, 31, and the new Article on Residency, of the Collective Bargaining Agreement between the City of Miami and the Sanitation Employees Association, for the period of October 1, 1991 through September 30, 1994, upon the terms and conditions set forth in Articles 21, 28, 31, and the new Article on Residency, attached, which are incorporated by reference into said Collective Bargaining Agreement. Section 3. This Resolution does not affect or change the terms and conditions of the labor agreement ratified by this Commission on September 16, 1991, except as modified herein. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 5th l of May. , 1994. , cc..� S EPHEN P. CLARK, MAYOR ATTES MAT X HIRAI, CITY CLERK PREPARED AND APPROVED BY: RAMON IRIZ Rr[,,� - ASSISTANT ITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A.' Q919N O S, I CITY ATT R Y M4307/RI Kbf -2- j4- 338 ARTICLE 21 WAGES Section 1. The City agrees to adjust the wage rates of all classified bargaining unit employees in accordance with the following schedule, with each adjustment to be effective on the first day of the first full pay period following the date indicated: October 1, 1991 - 0% I I October 1, 1992 - 4% October 1, 1993 - 0% (Reopener) Standby Labor shall be compensated at the rate of $8.00 per hour. Section 2. In Ileu of an across-the-board pay raise for Fiscal Year 1993-94, the following shall occur upon ratification of the Wage Article, Group Insurance Article, and Sick Leave Article of the current labor agreement: 1) Group Insurance benefits and employee contribution rates shall change as specified in Article 28 - Group Insurance, 2) The Sick Leave Award Program shall change as specif led in Article 31 - Sick Leave, and 3) Effective upon ratification of the reopener provisions of the labor agreement, bargaining unit members who retire (excluding vesting) after the ratification of the reopener provisions of the labor agreement shall receive a retroactive salaryincrease of five percent (5%) for the employee's last or i ihighest one (1) year's salary upon retirement. 4 The five percent (5%) salary Increase shall not be reflected in the hourly pay rate for the purpose of calculating leave ,�4�- 338 balance payoffs. The five percent (5%) salary increase shall not be applicable to overtime. Section 3. The Sanitation Employees Association concurs with the City that there is a need to address the operational method which may require a reorganization of trash and garbage routes Including, but not limited to staffing and manning. The operational change will require Implementation of manning and operational changes in order to Increase the efficiency of the department and reduce cost to the City. The Sanitation Employees Association, Its officers, agents, and members pledge their cooperation and support in the Implementation of any reorganization program developed. Should the City determine it Is appropriate to Implement changes to the operational areas of the Solid Waste Division as specified In this Section, the City will not, in recognition of the Sanitation Employees Association's pledge of cooperation and support of any reorganization program developed, pursue privatization of the operational areas of the Solid Waste Division for the term of this Agreement. Section 4. All changes in salary for reasons of promotion, demotion, merit Increase, anniversary Increase, longevity increase or working out of classification shall be effective the first day of the payroll period following the effective date of the change. Upon ratification of the labor agreement, leaves of absences without pay or suspension of any duration shall delay anniversary Increases by the period of time Involved. ��'4- 338 Section 5. Employees shall become eligible for longevity Increases based upon their most recent date of hire into the classified service; provided, however, that when the employee is not in a full pay status, it shall cause the effective date of the Increase to be deferred by the same number of calendar days embraced by said period of time. This provision shall apply to employees who attain ten (10), fifteen (15) or twenty (20) years of continuous classified service. 14_ 338 WR ARTICLE 28 GROUP INSURANCE Section 1. For the purpose of implementing the changes to this Article as specified herein, such changes shall be implemented by -the City as soon as practlble after ratification of the reopener provisions of the labor agreement and upon completion of enrollment of bargaining unit employees in the City's self -insured closed HMO. Section 2. The City agrees to pay 100% of the cost to provide the City's current life insurance and accidental death and dismemberment coverage of $15,000 provided for employees. Section 3. The SEA agrees to the placement of all bargaining unit employees in the City's self -insured closed HMO. Said HMO shall include dental care, vision care, and an Employee Assistance Program. it is understood by the SEA that the health care contribution split paid by a retiree will be determined by the City and the SEA agrees that they do not represent the retirees in determination of health care or life rates, contributions or benefits. Section 4. Effective the first full pay period of implementation of the Group Health Insurance benefit changes, group health premiums will be paid by the bargaining unit employee with pretax dollars and the bargaining unit employee's biweekly contributions toward single employee health coverage, Including dental and vision, will be $27.00 biweekly. The bargaining unit employee's biweekly contributions toward family health coverage, including dental and vision, shall be $69.33. 34- 338 Section 5, The HMO rates may be adjusted annually upon the City receiving such notice from the HMO provider. Increases or decreases in the cost of the City's HMO health plan shall be shared on a percentage basis of what the City and the employee pay as of the date this Article Is ratified. A percentage basis shall be that portion that the employee pays of the total premium. 194- 338 r ARTICLE 31 SICK LEAVE Section 1. The parties agree that care and discretion shall be exercised by Management and the Association in order to prevent the abuse of sick leave privileges. Absences on account of trivial indispositions must be discouraged. To determine the extent or reasons for an employee's absence on sick leave, the employee's immediate supervisor outside the bargaining unit at his/her discretion may visit the home of the employee on sick leave with pay. In cases where Management suspects that an employee Is malingering, sick leave with pay shall not be granted. Section 2. Permanent bargaining unit employees may be allowed to accrue up to eight (8) hours per month [ten (10) hours per month for Incentive Plan employees] provided that the employee is in pay status at least fifteen (16) working days per month. Charge for use of ill time shall be based on the employee's work day, i.e., 8 hours or 10 hours or If partial, in one (1) hour increments. Section 3. Employees in probationary status will accrue sick leave In accordance with Section 2. However, no sick leave with pay shall be granted during the employee's first ninety (90) working days. Section 4. In order to receive sick leave with pay, an employee must notify his/her Immediate supervisor or the person designated by the Department to receive such notice of Illness within thirty (30) minutes after the time scheduled for the 24- 338 beginning of the employee's daily duties. It shall be the employee's responsibility to notify the department each day the employee will be out III within the time frames attained above. Section 5. Any employee absent on sick leave for more than three (3) consecutive work days must check with the City Physician for approval before returning to work. Section 6. Any employees covered by this Agreement who retired after December 31, 1982, shall be paid for all unused sick leave up to a maximum of six hundred (600) hours provided, however, any employee who as of December 31, 1982, had g"accumulated sick leave in excess of six hundred (600) hours, shall upon retirement be paid for all accumulated sick leave up to a maximum of nine hundred sixty (960) hours. It is the Intent of this provision that no employee will be paid for sick leave in excess of six hundred (600) hours except to the extent that such excess existed on December 31, 1982. Section 6. Employees who have accumulated sick leave credits in excess of four hundred eighty (480) hours of sick leave [six hundred (600) for Incentive Plan employees], in accordance with Section 2 of this Article shall as of January 1 of each year have one-half of the excess sick leave earned the previous year creditd to their leave bank. The remaining excess leave shall be paid off at the rate of one hundred ($100) dollars per day (not to exceed $600) and shall not be credited to the i employee's vacation leave bank. j Section 7. All full time bargaining unit employees hired on or after October 1 , 1984 sha I I accrue s I ck I eave at the rate A- 338 Current bargaining unit members who are not residents of the City of Miami as of ratification shall be allowed to maintain their residency outside the City of Miami for the life of their employment with the City should the bargaining unit member choose to do so. Any employee hired after ratification of the reopener Agreement who is terminated for failing to maintain residency within the City of Miami boundaries as provided within this article shall have the right of appeal through C I v I I Service or the grievance procedure as provided in this labor agreement. If the employee is found guilty of violating this article, the Civil Sery I ce' Board and any arbitrator shall have no discretion to alter the penalty of dismissal. 04- 338 j i of 80 hours per year. Upon normal service retirement, any employee hired on or after October 1, 1984, shall be paid for all accumulated sick leave in excess of four hundred (400) hours not to exceed total accumulated sick leave of one thousand (1,000) hours. Sick leave shall be cashed out at the following rates: More than 7, but less than 10 years of service 25% More than 10, but less than 15 years of service 50% More than 15, but less than 20 years of service 75% More than 20 years of service 100% Section 9. Pay off for accumulated sick leave shall not be used to calculate average earnings for Pension purposes. Section 10. Effective December 26, 1993, employees of the bargaining unit shall be eligible for a sick leave cash bonus Incentive of one hundred twenty-five ($125) dollars. In order for the employee to receive the sick leave cash bonus incentive, the employee must not have utilized any sick leave, been in any without pay status or disability status during any payroll calendar year. An employee will receive an additional one hundred seventy-five ($175) dollar sick leave cash bonus if at least one hundred (100) bargaining unit employees have not utilized sick leave, been in any without pay status or disability status during any payroll calendar year. Sick leave Incentive cash bonuses shall be subject to applicable federal taxes, but shall not be included for calculating pension. 24- 338 NEW ARTICLE RESIDENCY Employee residency within the City of Miami will benefit both its citizens and those public employers servicing the Miami community. City residency will: (1) Insure the City employees, as citizens, will be affected by the quality of their own work; (2) Promote better public relations by building contacts with the community through its City employees; (3) increase visibility of governmental services in the community; (4) Install a sense of belonging to the community among its employees; (5) Make City employees more sensitive to community issues and needs; and (6) Insure that at least some public payroll money is spent within the boundaries of the City's jurisdiction. Upon ratification of the reopener Agreement, all newly hired bargaining unit members must be residents of the City of Miami from date of hire and as a condition of their continued employment with the City of Miami have their domicile within City boundaries and be bona fide residents of the City for the life of their employment with the City. Those bargaining unit members hired after ratification of the reopener Agreement who decline to become residents of the City of Miami or are found to maintain residency outside City boundaries shall be notified in writing of their failure to comply with this requirement and shall be dismissed from the employ of the City of Miami. 14- 338 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : Ces i o C I t a er RECOMMENDATION: 51 DATE : APR 2 6 1994 FILE : SUBJECT : Resolution Ratifying Amended Collective Bargaining Agree- ment Between the City of Miami REFERENCES :and Sanitation Employees Assoc. ENCLOSURES: It is recommended that the City Commission adopt the attached resolution authorizing the execution of an amended collective bargaining agreement between the City of Miami and the employee organization known as the Sanitation Employees Association for the period of October 1, 1991 through September 30, 1994 in accordance with the terms and conditions as set forth herein. BACKGROUND: The Office of Labor Relations has, in accordance with the current collective bargaining agreement between the City of Miami and the Sanitation Employees Association, negotiated a reopener on selected labor agreement articles. As a result of those negotiations, the City and the Sanitation Employees Association have agreed to amend Article 21 - Wages, Article 28 - Group Insurance, Article 31 - Sick Leave and the implementation of a New Article - Residency. The agreed upon articles provide for a 5% retroactive salary increase for the employee's last or highest one year's salary upon retirement; participation in the City's self -insured closed HMO, which will Include dental care, vision care, and an employee assistance program, the reduction of the single employee health premium from $32.65 bi-weekly to $27.00 bl-weekly and the payment of group health premiums with pre-tax dollars; revision of the sick leave award program to a payroll calendar year effective December 26, 1993 and residency as a condition of employment for all bargaining unit members hired after ratification of the reopener agreement. The agreed upon changes to the specified articles will result in a cost savings to the City. It is requested that the City Manager be authorized to enter into the attached amended collective bargaining agreement between the City of Miami and Sanitation Employees Association. CC: Law Department Management and Budget Department 6-1-1 �_ 338