HomeMy WebLinkAboutR-91-0040J-91- 55
1/2/91
RESOLUTION NO. 9 -1 "' 4 Q
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF
MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS
THE MIAMI GENERAL EMPLOYEES, AFSCME, LOCAL
1907, FOR THE PERIOD OF OCTOBER 1, 1990
THROUGH SEPTEMBER 30, 1993 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 between the City of Miami
and the employee organization known as the Miami General
Employees, AFSCME, Local 1907 for the period of October 1, 1990
through September 30, 1993 upon the terms and conditions set
forth in the attached Agreement.
PASSED AND ADOPTED this 10th day of January , 1991.
ATTEST:
XAVIER L.
MAT-FY H I RA I, CITY CLERK
PREPARED AND APPROVED BY:
Atl QV4
yNN J 9--DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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L. ERNANDEZ, CITY ATTORNEY'
ATTACHMENTS
CONTAINED i
, MAYOR
CITY COVIDUSEION
MEETING OF
JAN 10 1991
MAMMON -� 4
AGREEMENT
BETWEEN
CITY OF MIAM1, MIAM1, FLORIDA
AND
MIAMI GENERAL EMPLOYEES
AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES
LOCAL 1907, AFL-CIO
October 1, 1990 -- September 30, 1993
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TABLE OF CONTENTS
ARTICLE
PAGE
ACCIDENT REVIEW BOARD
44
58
AGREEMENT
1
ANNIVERSARY INCREASES
19
23
APPENDIX A
62
APPENDIX B
66
ATTENDANCE AT MEETINGS/TIME POOL
8
7
BLOOD DONORS
34
41
BULLETIN BOARDS
12
11
CALL BACK PAY
30
39
COMMENDATION PAID LEAVE
32
40
i
CONTRACT DISTRIBUTION
10
11
DEATH IN FAMILY
39
54
,)
DISCHARGE AND DISCIPLINE
16
19
DISCRIMINATION
6
5
DUES CHECKOFF
13
12
EMPLOYEE EVALUATION
18
22
EMPLOYEES BILL OF RIGHTS
15
18
EMPLOYEES ACTING WITHIN
SCOPE OF AUTHORITY
20
24
FLOATING HOLIDAY TIME
42
56
GRIEVANCE PROCEDURE
14
13
GROUP INSURANCE
26
32
HOLIDAYS
41
55
ILLNESS IN FAMILY
38
53
JURY DUTY
31
39
LINE OF DUTY INJURIES
23
26
LOSS OF EMPLOYMENT
17
21
MANAGEMENT RIGHTS
4
3
MILITARY TRAINING LEAVE
40
55
NO STRIKE
5
4
NOTICES
11
11
OVERTIME/COMPENSATORY TIME
25
31
PARKING
33
41
PART-TIME/TEMPORARY EMPLOYEES
43
57
PREAMBLE
1
PREVAILING BENEFITS
7
6
RECOGNITION
1
1
REPRESENTATION OF THE CITY
2
1
REPRESENTATION OF THE UNION
3
2
REST PERIODS
22
26
SAFETY SHOES
27
35
SAVINGS CLAUSE
46
59
SECURITY OPERATIONS
36
42
SICK LEAVE
37
43
TERM OF AGREEMENT
47
59
TOOL ALLOWANCE
28
36
TOTAL AGREEMENT
45
58
TUITION REIMBURSEMENT
29
37
UNION STEWARDS
9
9
VACATION
35
41
WAGES
24
28.
j
WORKING OUT OF CLASSIFICATION
21
25
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AGREEMENT
This Agreement, entered Into this day of 1991,
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").
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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
Section 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.
Section 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.
ARTICLE 2
REPRESENTATION OF THE CITY
Section 1. The City shall be represented by the C,Ity
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.
Section 2. It is understood that the City Representative
or Representatives are the official representatives of the City
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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
Section 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)
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.
Section 2. The President of the Union, or the person
designated by said President, shall have full authority 'to
conclude an 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
unauthorized and 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. ,
Section 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
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Meetings/Union
Time Pool,
then
only three (3) employees may be
released from
duty with no
loss
of pay or emoluments.
ARTICLE 4
MANAGEMENT RIGHTS
Section 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 after 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.
Section 2. The City has the sole authority to NPtarmima
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.
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Section 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).
Section 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.
Section 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.
Section 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.
ARTICLE 5
s NO STRIKE
Section 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
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deliberate, and concerted course of conduct which adversely
affects the services of the City, picketing or demonstrating in
furtherance of a work stoppage, either during the term of or
after the expiration of a collective bargaining agreement.
Section 2. Neither the Union nor any of Its officers,
agents, and members, nor any Union members, covered by this
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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.
Section 3. Each employee who holds a position with the
Union occupies a position of special trust and responsibility in
maintaining and bringing about compliance with this Article and
the strike prohibition in F.S. 447.505 and the Constitution of
the State of Florida, Article I, Section 6. Accordingly, the
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.
Section 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
Section 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.
Section 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.
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Section 3. The Union agrees to support the City's current
Afflrmative .Action. Program and any other similar affirmative
action programs affecting employees which may be developed by the
City in consultation with the Union.
Section 4. The City agrees not to Interfere with the right
of the employees to join or not join the Union, and there sha I 1
be no discrimination, Interference, restraint or coercion by the
City or the Union because of Union membership or non -union
membership.
Section 6. However, nothing in this Article or elsewhere
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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
I aw s .
Section 6. The Union recognizes its responsibilities as
bargaining agent and agrees to represent all employees in the
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bargaining unit without discrimination, Interference, restraint
or coercion.
Section 7. Any claim of discrimination by an employee
° against the City, Its officials or representatives, shall not be
grievance 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.
Section 8. The Union, in accordance with State law, shall
not be required to process the grievance of a non -union member.
Section 9. The parties agree to abide by the law with
respect to modification of the City's affirmative action plan.
ARTICLE 7
PREVAILING BENEFITS
Section 1. Job benefits heretofore authorized by the City
Manager continuously enjoyed by all employees covered by this
Agreement as of September 30, 1973, and not specifically provided
for or abridged by this Agreement, shall continue upon the
conditions by which they had been previously granted.
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Section 2. Provided. however, nothing In this. Agreement
shall Qbligate 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 OrIevance
Procedure.
Section 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 MEETINGS/UNION TIME POOL
Section 1. The President of the Union and/or designated
representatives 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.
Section 2. A Union time pool is hereby authorized subject
to the following:
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 nvpr
to the following calendar year.
B. For each employee, except the Union President, or a
designee, when on full time release, who is authorized
to use time from the time pool, the President shall fill
out the appropriate form as provided by the City. This
form shall be processed through channels of the employee
who is to use the pool time. The form must be processed
so that a copy shall be in the Office of Labor Relations
a minimum of seven (7) calendar days prior to the time
the employee 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 then shall
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forward a detailed explanation to the Labor. Relations
OffJcer as.to why the seven (7) day rule was not met.
C. Employees shall be released from duty on pool time only
If the needs of the service permit, but such release
shall not be unreasonably denied. if because of the
needs of the service an employee cannot be released at
the time desired, the Union may request an alternate
employee be released from duty during the desired time.
D. In reporting an employee's absence as a result of
utilizing the Union Time Pool, the daily attendance
record shall reflect:
"Employee Doe on AL" (Authorized Leave)
E. Any injury received or any accident Incurred by an
employee whose time is being paid for by the Union time
pool, or while engaged in activities paid for by the
Union time pool, shall not be considered a line -of -duty
injury, nor shall such injury or accident be considered
to have been incurred in the course and scope of his
employment by the City of Miami within the meaning of
Chapter 440, Florida Statutes, as amended.
F. Upon written request to the Labor Relations Office, the
President of the Union, or his/her designee, will be
released for the term of this Agreement from his or her
regularly assigned duties for the City. The terms of
this agreement for such release are only to be
implemented If the following qualifications are met by
the Union:
1. The Union President, or a designee, will reasonably
be available through the Union office currently
located at 4011 W. Flagler Street, Suite 501, Miami,
Florida 33134, for consultation with the Management
Of the City of Miami.
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.
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3. The Time Pool will be charged for all hours during
.which the Union President Is on off -duty, except
that absence due to use of vacation leave, sick
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 hours. At no
time will more than eight employees be released to
attend such meetings, and the Time Pool shall be
charged four 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.
Section 3. All applicable rules, regulations and orders
shall apply to any person on time pool release. Violations of
the above -mentioned rules, regulations and orders shall subject
the employee on pool time to regular disciplinary processes.
Section 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.
Section 5. Except as provided above, bargaining unit
employees who attend administrative or judicial hearings shall
not be compensated by the City unless such attendance is in
behalf of and at request of the City.
ARTICLE 9
UNION STEWARDS ,
Section 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 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.
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• Section 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 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.
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Section 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:
Section 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.
Section 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 T..Ime 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 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.
Section S. An alternate steward may be appointed for each
steward as provided for and assigned in Section 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.
Section 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)
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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)
ARTICLE 10
CONTRACT DISTRIBUTION
Section 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
Section 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
Section 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)
Section 2. Notices or announcements shall not contain
anything political or reflecting adversely on the City or any of
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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 CivlI 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
Section 1. During the term of this Agreement, the City
agrees to deduct Union membership dues and uniform assessments,
if any, in an amount established by the Union and certified in
writing by an accredited 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.
Section 2. This Article applies only to the deduction of
membership dues and uniform assessments, If any, and shall not
apply to the collection of any fines, penalties, or special
assessments.
Section 3. Deductions of dues and uniform assessments, if
any, shall be remitted by the City during the week following Bach
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.
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Section 4. In the event an employee's salary earnings
within any pay period, after deductions for withholding, Social
Security, retirement, group health Insurance, and other priority
deductions, are not sufficient to cover dues and any uniform
assessments, it will be the responsibility of the Union to
collect its dues and uniform assessment for that pay period
directly from the employee.
Section 6. Deductions for 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.
Section 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 all legal costs arising from any action taken or not taken by
the City, its officials, agents and employees in complying with
this Article. The Union shall promptly refund to the City any
funds received In accordance with this Article which are in
excess of the amount of dues and/or uniform assessments which the
City has agreed to deduct.
Section 7. The City will not deduct any Union fines,
penalties or special assessments from the pay of any employee.
Section 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
Section 1. It is agreed to and understood by both parties
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that there shall be a procedure for the resolution of grievances
arising from the application or Interpretation of this Agreement.
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• Section 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 shall be denied.
Section 3. Nothing In this Article or elsewhere in this
Agreement shall be construed to permit the Union to process a
grievance (a) in behalf of any employee without his 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 hn a
grievance proceeding expressly waives any further statutory,
constitutional or common law right to sue upon any similar claim.
Section 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 (5) day
work week, Monday through Friday, not Including City-wide
holidays. Any grievance not processed in accordance with the
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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 Management.
Section 5. Where a grievance Is general In nature In that
i t app I I es to a number of emp I oyees hav I ng the same I ssue to be
decided, or if the grievance Is directly between the Union and
the City, it shall be presented directly at Step 3 of the
Grievance Procedure, within the time limits provided for the
submission of a grievance in Step 1 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.
Section 6. Where an employee covered by thls 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
opportunity to be present and receive a copy of the written
response. 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 sat,isfactorlly resolved, the
employee or the Union representative shall complete the
Election of Remedy form provided for in Section 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
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 3.
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 In 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
99_- 40
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 panel of five (8)
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.
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.
91-~. 40
-1 7 -
6. Copies of the award of the arbitration made in
accordance with the jurisdiction or authority under this
Agreement shall be furnished to both parties within
th'i rty (30) days of the hear i ng and sha I I be f I na I and
binding on both parties.
Section 7. 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 Agreement elects not to be represented by the Union,
written responses shall be given to the employee and to the
Union.
Section 8. 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) 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
Section 1. When an employee has reasonable grounds to
conclude that his participation in an Investigatory interview
will result 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.
Section 2. Investigatory Interviews shall be conducted at
a reasonable hour, preferably while the employee is on duty,
91— 40
-1$- "eta
unless the seriousness of the investigation is of such degree
that IMmed I ate act i.on 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.
Section 3. At the commencement of the interview, the
employee shall be advised of the subject matter of the
investigation.
Section 4. The parties agree to abide by the law with
respect to the use of polygraphs.
ARTICLE 16
DISCHARGE AND DISCIPLINE
Section 1. In cases where it becomes necessary to
discharge or otherwise discipline a permanent, classified
employee covered by 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 imposition of discipline, excluding
Saturdays, Sundays, holidays and the day of occurrence.
Section 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.
Section 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
remedies 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
disclpiinary action, excluding an oral or written reprimand, such
91-
W 1
grievance shall be made in accordance with the terms of the
Grievance Procedure -Article as contained in this Agreement.
.Section 4. The process of an appeal to the Civil Service
Board or a grievance under this Agreement, shall be an exclusive
e I ect I on of remedy by the emp I oyee and sha i I be a wa I ver of a i 1
other forums of review and due process to which the employee may
otherwise be entitled.
Section 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.
Section S. 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.
Section 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.
91 - 40
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ARTICLE 17
i
LOSS OF EMPLOYMENT
Section 1. Employees shall lose their seniority and their
I employment
shall be terminated for the following reasons:
1.
Discharge If not reversed.
2.
Resignation. An employee absent for a period of three
4
(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
i
applicable, by the City Manager or his designee. An
employee who voluntarily submits a resignation either
orally or to 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
Ij
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.
Section 2. Permanent employees subject to layoff shall be
demoted or transferred to those classes In which the employee
held previous status, consistent with Civil Service Rules and
Regulations, not withstanding Article 24, Section 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
91- 40
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.
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 becomes
available, consistent with Civil Service Rules and 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
this Section 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 2.
ARTICLE 18
EMPLOYEE EVALUATION
Section 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
9��- 40
-22-
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.
Section 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 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.
Section 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.
Section 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 INCREASES
Section 1. Salary increments recognizing satisfactory
service within established ranges are provided for in the Pay
Plan. On written approval from the Department Head, employees
shall receive a one-step Increase in salary, not to exceed the
5 1 - 40
-23- .) C?
0. 0
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.
Section 2. Leaves of absences without pay or suspension of
any duration shall delay anniversary increases by the period of
time Involved.
Section 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 until such time as, in his judgment, the
employee's service within the classification meets the standards
of satisfactory performance for the position. Employees in such
cases shall be notified of the reasons for the action being
taken.
ARTICLE 20
EMPLOYEES ACTING WITHIN THE SCOPE OF AUTHORITY
Section 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.
Section 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:
1. Any unauthorized act;
91- 40
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0
0
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
Section 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 currently budgeted
vacant position. 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 act.ing assignment
to the higher classification.
Section 2. In the event an employee is assigned work of
another classification as provided for in Section 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.
Section 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 2 of this Article. ,
Section 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
Department shall conduct an evaluation to determine the
eligibility of the employee assigned to the acting assignment in
' accordance with this article.
91-- 40
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0
• ARTICLE 22
REST PERIODS
Section 1. All employees' work schedules shall provide for
a fifteen -minute rest period during each four-hour work period.
Section 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
Section 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 Contract 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.
Section 2. No supplementary salary will be paid to anyone
Injured while performing an act intended to Injure or hurt one's
self or another.
Section 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.
Section 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.
91 40
-26-
Section 5. If an accident has been declared compensable by
i
the City and.the employee brings litigation without having first
discussed with the personnel of the City of Miami Law
Department/Claims concerning any controversy arising out of the
declared compensable accident, then the supplementary salary, as
provided by Resolution No. 39802, shall cease.
1
Section 6. In the event that litigation is filed by an
employee following his return to work without having first
i
i
discussed with personnel of the City of Miami Law
Department/Claims concerning any controversy arising out of his
declared compensable accident, it is agreed between the parties
that the previously described 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 Law
Department/Claims 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.
Section 7. in the event an employee desires the presence
of an attorney to discuss a controversy with representatives of
the Law Department/Claims, the parties agree that the attorney
shall receive a token fee for his presence of $75.00 per hour,
not to exceed $150.00.
Section 8. Nothing in this Article shall be construed as a
waiver of the City's rights under applicable State law.
Section 9. In recognition of the Employee Organization's
concerns for those bargaining unit employees injured In the I,ine
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
40
-27- "y '
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.
ARTICLE 24
WAGES
Section 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:
October 1, 1990 0%
October 1, 1991 4%
October 1, 1992 Reopener
In return for a freeze on across-the-board salary increases
for the bargaining unit for fiscal year 1990-1991, 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.
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.
91-- 40
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The Personnel Management Department will develop a new. pay
plan fjor the new hires reflecting the 25% reduction.
Implementation of the new plan will be reviewed with the Union's
Attorney and the Labor Relations Officer so as to Implement said
plan and not conflict with applicable law.
Current employees wlII be grandfathered Into the existing
pay plan for purposes of anniversary changes, promotions,
demotions, classifications, reclassifications, wage Increases,
etc.
Section 2. Effective the first full pay period following
full ratification of the labor agreement, active full-time
bargaining unit employees shall receive a one-time seven hundred
dollar ($700) bonus payment. Further, to receive the one-time
seven hundred dollar ($700) bonus payment, the bargaining unit
employee must be on the active regular payroll at the time of the
ratification of this agreement. Said one-time bonus shall only
be subject to federal withholding taxes and FICA, and shall not
become part of the bargaining unit employee's base.pay nor shall
it be included for calculating pension or overtime.
Section 3. 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.
Section 4. 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 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.
Section 5. ' 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.
51-- 40
-29-,
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
i
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.
Section S. 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. All longevity increases shall be granted
consistent with the directed award Issued on AFSCME Grievance *6-
89.
91- 40
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0 0
ARTICLE 25
OVERTIME/COMPENSATORY TIME
Section 1. Those classifications listed In Appendix A with
an asterisk' (*) by the classification shall be considered Job
basis and be Ineligible for overtime pay.
Section 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. 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.
Section 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.
Section 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 hour, during their lunch hour, or after their normal
work hours unless specifically authorized by a management
supervisor.
Section 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.
Section 6. The maximum accumulation of compensatory time
hours is one hundred (100) hours. If an employee takes
compensatory time off, the hours In hid/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
91--x 40
-31-
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.
Section 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.
ARTICLE 26
GROUP INSURANCE
Section 1. The City agrees to pay 100% of the current life
insurance coverage provided for employees.
Section 2. The employee will contribute $15.37 per pay
period toward the cost of employee health coverage and $83.55
per pay period toward the cost of family coverage where the
employee elects to take such coverage. The rates as specified
above became effective on the pay period of November 4, 1990.
In recognition of the immediate need to implement further
cost containment measures to the City's Group Health Plan, the
parties agree to the implementation of the following measures
effective January 14, 1988:
Health Plan Deductible: The single and family coverage
deductibles shall increase by $50 each the first full pay period
following ratification of this Agreement.
Coordination of Benefits; The City will implement a "Charge
Less Benefits" approach without credit reserves to Its
coordination of benefits program for all Non -Medicare .and
Medicare participants.
Section 3. Upon thirty days notice to the Union, the City
reserves the right to Increase or decrease the cost of its group
health/life insurance plan and to apportion the increases or
decreases as set forth herein. Increases or decreases in the
cost of the City's plan shall be shared on a percentage basis of
what the City and the employee pay as of the date this Agreement
91- 40
-32- 9
IS rAtif led. Should the Union disagree on the level the total
premium. Increase should be, the parties shall submit said
disagreement to final and binding arbitration consistent with the
grievance procedure in this Agreement.
Section 4. The rates for the H.M.O.s currently offered to
bargaining unit employees will become effective the pay period of
November 4, 1990.
HOSF
Single
Family
HUMANA
Bi-weekly Employee Rate
$11.33
$70.48
Single $10.94
Family $66.73
Any future increases to H.M.O. rates as notified to the City
by the H.M.O.s currently offered to bargaining unit employees
shall be shared on a percentage basis of 19% for single coverage
and 43% for family coverage of the premium paid by.the bargaining
unit employee.
Section 5. The parties to these negotiations recognize the
Intention of the joint Labor/Management Group Benefits Committee
to develop a triple option benefits plan for employees covered by
this collective bargaining agreement. It is agreed by the
parties that while this project is pursued to its fruition, the
indemnity plan and H.M.O.s as currently offered shall continue
with respect to benefits and costs as specified in the above
sections of this article.
Once the joint Labor/Management Group Benefits Committee
agrees on a submitted bid for a triple option plan or other
method of providing a health care plan, the parties to this
agreement shall meet to discuss a methodology for developing
rates and subsequent contribution levels. Should the parties to
this agreement be unable to agree to a methodology for developing
rates and/or contribution levels, the parties shall submit said
disagreement before final and binding arbitration consistent with
the grievance procedure in this Agreement. The parties
91-- 40
-33-
acknowledge that there currently exists Grievance *7-90 In which
the Union challenges the premium Increases implemented November
4, 1990 as specified In Section 2. The parties acknowledge that
the maintenance of the status quo will not affect the November 4,
1990 rate Increase nor will it prohibit the City from passing on
Increased costs from third party HMO providers as specified in
Section 4.
The parties acknowledge that neither parties' rights are
waived regarding the November 4, 1990 premium Increase and that
with regard to Grievance *7-90, the Union is only challenging
whether the November 4, 1990 rate increase was justified by the
claims paid and not as to how the rate increase, if any. Is to be
shared.
Section 6. The City will compile an insurance benefits
booklet which shall summarize the level of coverage of any new
health plan to which the parties have agreed. The language of
the booklet shall not be grievabie.
Section 7. At the earliest practical time, the City shall
make available to the Union members a payroll deduction 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
amount for the cost of these deductions. The amount will be
calculated 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 indemnify 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 Office will advise the Union of the deduction
procedures that' will be followed In the implementation and
administration of this activity.
91 - 40
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ARTICLE 27
SAFETY SHOES
.Section 1. In those jobs or occupations where the employer
requires that the employee wear safety shoes, the employer shell
Issue allowance in the amount of $50.00 for the purchase of an
initial pair of safety shoes. 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.
Section 2. 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.
Section 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. Safety shoes furnished
by the employer shall not be worn by the employee on a day when
the employee is off duty. 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.
Section 4. 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.
91-u 40
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i
• ARTICLE 28
TOOL ALLOWANCE
Section 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.
Section 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.
Section 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.
Section 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.
Section 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 Iist shall be periodically checked and updated. The City
shall replace broken, stolen, and worn out tools upon request and
M1:M
91- 40
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1
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 ($86.00) 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
Section 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.
Section 2. Any full-time, permanent City employee may upon
successful completion of his probationary period be eligible to
participate in the Tuition Reimbursement Program.
Section 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.
Section 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
tultlon 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.
Section 6. 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.
Section 6. Procedure for reimbursement will be as follows:
A. The employee must obtain three (3) copies of the
Application for Tuition Reimbursement form for each
course from his department or the 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.
Section 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.
91.-- 40
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ARTICLE 30
CALL BACK PAY
,Section 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.
Section 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
Section 1. Employees shall be carried on leave of absence
with pay for actual working time lost when called to serve on
jury duty. Such employees shall be paid at their regular hourly
rate for all working time lost up to 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.
Section 2. In consideration of receiving their regular
pay, employees called to serve on Jury Duty shall promptly notify
their supervisor of the call to Jury Duty. The supervisor shall
i
make a copy of the summons to Jury Duty and forward said copy
I
i with the payroll sheets for the week in which the employee is on
i Jury Duty. The Payroll Division of the Finance Department shall
I deduct the Jury Duty fee from the employee's paycheck in the
f
payroll period following the week in which the employee was on
I
Jury Duty In accordance with the following schedule:
;! 1) Federal Court - $30 per day
9 1 -- 40
-39- LIS
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.
Should an employee be summoned to Court in the Civic Center
area, the employee Is to obtain a temporary parking permit from
the Personnel Management Department allowing the employee parking
privileges in the Personnel Management Department parking lot.
Should an employee find It necessary to pay for parking while
serving on Jury Duty for Courts other than those located in the
Civic Center area, the employee is to submit such parking
receipts to his/her department for reimbursement. The employee's
department will submit to Finance a Travel Form Request for
reimbursement with receipts attached. Upon receipt of such
Travel Request, the Finance Department will reimburse the
employee within two payroll periods. As Federal Courts provide
free parking for Jurists, employees will not be reimbursed for
any parking receipts submitted while attending such courts.
Section 3. 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 the Civil Service Board stipulating to the character
of the employee on appeal before the Civil Service Board.
ARTICLE 32
COMMENDATION PAID LEAVE
Section 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.
91.- 40
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ARTICLE 33
PARKING
.Section 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.
Section 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.
ARTICLE 34
BLOOD DONORS
Section 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
Section 1. Vacations shall be taken within thirteen (13)
months after the end of the calendar year In which the vacation
was earned. Employees shall only be allowed to carryover 100
hours of the previous year's credited vacation. Any excess
vacation over the 100 hour automatic carryover shall be forfeited
as of February 1st of each year provided, however, that employees
who have been carried on full disability the entire previous year
shall be paid for all excess vacation over 100 hours at the rate
of pay the employee was earning at the time the employee was
91.- 40
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r
plac.ed 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 100 hours which would have
been forfeited shall be paid for at the employee's January 1,
hourly rate of pay.
Section 2. Effective January 1, 1987, the maximum accrual
of vacation shall be one hundred sixty (160) hours, provided
however, bargaining unit employees with ten (10) years of service
but less than fifteen (16) years shall be allowed to accrue one
hundred 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.
Vacation leave shall be taken In Increments of not less than one
(1) hour.
Section 3. 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.
ARTICLE 36
SECURITY OPERATIONS ,
Section 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.
• Section 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
Section 1. The parties agree that care and discretion
shall be exercised by Management and the Union in order to
prevent the abuse of sick leave privileges. Absences on account
of trivial Indispositions must be discouraged. To determine the
extent or reasons for an employee's absence on sick leave, the
employee's immediate supervisor outside the bargaining unit 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.
Section 2. Permanent bargaining unit employees may be
allowed to accrue up to eight (8) hours sick leave per month, to
be utilized in not less than one (1) hour increments, provided
that the employee is in pay status at least fifteen (15) working
days per month. All full time bargaining unit employees hired on
or after October 1, 1984 shall accrue sick leave at the rate of
6.67 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 80 hours
per year.
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 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
91-- 40
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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.
Section 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.
Section 6. Any employee covered by this Agreement who
exercises normal retirement after January 18, 1979, shall be paid
for all unused sick leave up to a maximum of eight.hundred (800)
hours. If, however, the employee had accumulated sick leave in
excess of eight hundred (800) hours, prior to January 18, 1979,
said employee, shall upon normal 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 eight hundred (800)
hours except to the extent that such excess existed on January
18, 1979.
Section 7. Any employee,& covered by this Agreement who
exercises normal retirement after October 7, 1979, shall be paid
for all unused sick leave up to a maximum of seven hundred (7,00)
hours. If, however. the employee had accumulated sick leave in
excess of seven hundred (700) hours prior to October 7, 1979,
said employee shall upon normal retirement be paid for all
accumulated sick leave up to a maximum of eight hundred (800)
hours. It Is the Intent of this provision that no employee will
be paid for sick leave in excess of seven hundred (700) hours
except to the extent that such excess existed on October 7, 1979.
9 :1-r 40
-44- -'-(7
.Section B. Any employee not covered by Section 6 and
Section 7 of. this Article who exercises normal retirement after
October 1, 1981, shall be paid for all unused sick leave up to a
maximum of six hundred (600) hours. If, however, the employee
had accumulated sick leave in excess of six hundred (600) hours
prior to October 1, 1981, said employee shall upon normal
retirement be paid for all accumulated sick leave up to a maximum
of seven hundred (700) hours. It is the Intent of this provision
that no employee shall be paid for sick leave in excess of six
hundred (600) hours except to the extent that such excess existed
on October 1, 1981.
Section 9. Upon normal retirement, any employee hired on
or after October 1, 1984, shall be paid for all accumulated sick
leave that exceeds four hundred (400) hours up to a one thousand
(1,000) hour sick leave cap as specified below. Such payoff
cannot exceed six hundred (600) leave 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 10. Employees with seven or more years service who
terminate employment with the City under honorable conditions
shall receive a cash payment equal to one-fourth of their unused
accumulated sick leave.
Section 11. 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.
Section 12. Payoff for accumulated sick leave shall not be
used to calculate•average earnings for pension purposes.
Section 13. Employees with ten (10) or more years of
service who are laid off under honorable conditions may
91 - 49
-45-
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.
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.
Section 14. 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.
Therefore, effective March 1, 1991 and for the term of this
Agreement, 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.
Section 15. 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 once a month to review the monthly 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 to appear before the Committee.
91- 40
-46- S �)
Section 18. Any bargaining unit employee whose career nick
leave usage •is greater than 60% and/or whose annual sick leave
usage has been more than forty (40) hours shall be subject to
review by the Department Sick Leave Committee. 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.
A. Counsel the employee.
B. Recommend to the Department Director to issue a written
warning.
C. Restrict the use of sick leave for ninety (90) calendar
days unless the employee Is out iII 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. 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.
Should the employee fail to Improve his/her sick leave
usage, the Department Sick Leave Committee shall, after the above
courses of action, refer the employee to the City-wide Sick Leave
Committee.
Section 17. The Office of Labor Relations will provide In a
timely fashion computerized departmental sick leave usage reports
to the Department Sick Leave Committee each month to assist in
their review of sick leave usage.
Section 18. A City-wide Sick Leave Committee shall be
created and composed of two (2) Union appointees, one (1) Labor
Relations Officer, one (1) managerial/confidential employee, and
one (1) bargaining unit/non-unlon member.
-47-
The City-wide Slck Leave Committee shall meet as may be
necessary and sKaII. have the authority to review the Department
Sick Leave Committee actions.
Section 19. 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.
Section 20. The Labor Relations Officer will recommend to
the City Manager in writing that this system be adopted to
Include all unclassified and classified managerial/confidential
employees In the City of Miami.
Section 21. In recognition of the substantial commitment on
the part of the employees to earnestly strive to eliminate sick
leave abuse thereby Increase productivity, there shall be
established a Sick Leave Pool.
The Sick Leave Pool will be available to assist those
members of the pool who are stricken with Iife-threatening 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 is
subject 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 sixty
(160) hours.
B. Each employee must donate sixteen (16) hours of his/her
sick leacve, 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. 91
i ff
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<7.�
C. Each employee must maintain their membership in the Sick
Leavre Pool In "good standing" as determined by the City-
wide Sick Leave Committee.
D. Pr for 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. 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.
F. To withdraw sick leave from the Sick Leave Pool,
employees must be off work a minimum of one (1) week due
to non -duty Illness or injury and satisfy the
requirement of Section D.
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 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 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 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 Sick 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
91-- 40
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j
mentally unable to return to full -time work, he or. she
sha1.1 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 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
below one hundred sixty (160) 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
F
immediate cessation of Sick Leave Pool time availability
a to the employee.
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.
s
Those employees subject to applicable sick time pool rules
who wish to appeal a suspension from membership to the sick time
1
pool may do so to the City-wide Sick Leave Committee whose review
and decision will•be final and binding.
The City-wide Sick Leave Committee has the authority to make
rule changes when necessary to retain the solvency Of the sick
91w 40
-50-
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.
As additional funding sources, the Union shall contribute
6,000 hours of currently banked union time to be credited to the
Sick Leave Time Pool. In addition, 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 remaining
banked sick leave time not to exceed 20,800 hours.
Section 22. 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.
Section 23. 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 five (5) employees
from the pool of eligible employees with perfect attendance.
Each of the five (5) employees whose name is drawn shall receive
a one hundred ($100) dollar cash prize. The first calendar year
for eligibility of the above awards shall be 1991. 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 have been In any without pay status during a calendar year.
Section 24. The Labor/Management Committee noted during its
review of sick leave abuse, there were employee problems that are
disruptive of a productive work environment. Those problems can
best be solved by an Employee Assistance Program. The City will
appropriate up to $30,000 in fiscal year 1990-91 for the
91- 40
Implementation of an Employee Assistance Program on a trial basis
of one year.. If. the Labor/Management Committee recommends
continuation of the Employee Assistance Program for the second
year, the parties will meet to discuss funding sources for the
second year of the Employee Assistance Program.
t
Section 25. Effective March 1. 1991, the language contained
In Section 25 and 26 shall no longer apply and the concept of
Instances for purposes of absenteeism as defined herein shall be
void. Definitions:
Instance -- An absence from work In duration of one or more
consecutive work days for reasons of non -Job related illness
or injury and/or absence without leave authorized at least
one work day in advance.
_ Except that a physician ordered absence resulting from
a disabling illness/injury to the employee or a member of
his household shall not be counted as an instance.
Management In its sole discretion may require a Doctor's
statement from the employee's personal physician verifying
same. Failure to provide the Doctor's verification shall
cause the absence to be counted.
Annual Period -- A twelve (12) month period beginning with
j the occurrence of the employee's first instance.
Absenteeism appeals shall only be appealable through the
Grievance Procedure Article as set forth in the Agreement.
Section 26. Employees shall be disciplined for absences in
accordance with the following schedule:
Y.
Number of Instances Discipline
4th instance in annual period Written notification
ti
5th Instance in annual period Written reprimand ,
6th Instance in annual period Five (5) work day
suspension w/o pay
7th instance in annual period Dismissal
Section 27. 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
y1- 40
j
-52- �,,.
reports to work within a period that Is more than five.(6)
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. After an employee has
accumulated seven (7) tardy Instances, in an annual period the
employee shall be advised in writing that two more Instances of
tardiness in the annual period will result in dismissal. An
annual period shall be defined as a twelve (12) month period
beginning with the occurrence of the employee's first tardiness
Instance. Upon the employee's ninth Instance of tardiness, the
employee shall be dismissed. 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 Relations Officer, if. in his sole discretion, Individual
circumstances warrant such action.
ARTICLE 38
ILLNESS IN FAMILY
Section 1. Effective March 1. 1991, the language contained
herein shall no longer apply and the concept of illness in family
as defined herein shall be void.
Section 2. All employees covered by this Agreement may be
allowed to use up to forty (40) hours of accrued sick leave in
any one calendar year when needed due to serious Injury or acute
Illness of any actual dependent member of the employee's
household.
Section 3. Said dependent member of the employee's
household shall be limited to the employee's immediate family and
such member must maintain the employee's household as his/her
actual residence: The immediate family shall be defined as
father, mother, sister, brother, husband, wife, children, father -
In -law, mother-in-law. grandparents, spouse's grandparents,
stepfather and/or stepmother.
1 ~ 40
-53-
Section 4. Where, In the opinion of the Labor Relations
Officer. an employee's absenteeism record reflects a pattern of
abuse., the employee may be requested to provide sufficient proof
showing that the Ill or Injured person is an actual dependent
member of the employee's household; and a physician's statement
that the employee's presence was necessary because of the
patient's clear inability to be self-sustaining.
ARTICLE 39
DEATH IN FAMILY
Section 1. Any employee covered by this Agreement may, In
the case of death in the immediate family, be authorized up to a
maximum of forty (40) hours of paid leave to 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. 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 (10) or more years. Within thirty (30) calendar days from
the date the employee returns from a death in the family, the
employee will file a copy of the death certificate of the
deceased family member. Said death certificate will be attached
to the form provided by the City and submitted to the Personnel
Management Department. Failure to produce the death certificate
will result in the employee reimbursing the City for any days
taken under this Article. Any employee found to have falsified
his application for a "K" day will result in his or her
dismissal.
Section 2. It is understood that under certain
circumstances the employee will be unable to obtain a death
certificate. In this event, in lieu of a death certificate, the
employee shall submit a newspaper account showing the death and
91- 40
relationship of the deceased to the employee and/or other
appropriate Griterla as deemed appropriate by the Office of Labor
Relations
ARTICLE 40
MILITARY TRAINING LEAVE
Section 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.
Section 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.
Section 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.
0
ARTICLE 41
HOLIDAYS
Section 1. The following days shall be considered holidays:
New Year's Day Columbus Day
Washington•'s Birthday Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
91- 40
-55- (i7
Labor Day Christmas Day
Dr. Martin Luther King's Birthday
Section 2. Any additional holidays declared by official
directive of the City Manager shall be added to the above list.
Section 3. Employees performing work on any of the above
holidays 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.
Section 4. All conditions and qualifications outlined in
Article 25, titled "Overtime/Compensatory Time", shall apply to
this Article. Hours of earned time accumulated under this
Article, when added to the compensatory time earned under the
Article entitled "Overtime/Compensatory Time", shall not exceed
one hundred (100) hours.
Section 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, 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 42
I.
FLOATING HOLIDAY TIME
f
Section 1. Upon ratification of the Labor Agreement by the
'i
parties, it is agreed that eligible members of the bargalning
unit who work forty (40) hours per week and have successfu-ll Y
completed a six month probationary period, shall be entitled to
fourteen (14) hours floating holiday time off each calendar
year. Floating holiday time shall be taken In Increments of not
t�
I
less than one ( 1 ) hour. The floating holiday hours shall be
mutually agreed upon by the employee and his -Immediate supervisor
#
f.
outside of the bargaining unit consistent with the needs of the
ji
employee's department. The floating holiday hours off shall not
i
Jff'' 1—
-56-
!,
WE
be accrued; they must be used by the employee during the calendar
i
year or. be forfeited. The floating holiday hours off are not
subject to being converted to cash during the employee's
employment or as severance pay upon the employee terminating his
i
employment with the City. There shall be no liability to pay any
overtime under this Article.
ARTICLE 43
PART-TIME/TEMPORARY EMPLOYEES
Section 1. Bargaining unit employees who hold part-time or
temporary classifications shall be paid at a flat hourly rate,
but shall not be entitled to any benefits during their tenure
with the City unless so specified within this Article.
Section 2. Effective December 21, 1986, full-time
temporary bargaining unit employees shall be entitled to those
City holidays as specified in Article 41, Holidays. To be
eligible for holiday pay, a full-time temporary bargaining unit
employee must work a full shift on the scheduled work days which
Immediately precede and follow the holiday, provided, however, no
full-time temporary employee receiving holiday pay shall be
entitled to any future additional time off.
Section 3. Those full-time temporary bargaining unit
employees hired prior to December 21, 1986 shall have their sick
leave bank frozen and shall cease to be eligible for sick leave
accumulation.
Section 4. Effective December 21, 1986, part-time
bargaining unit employees shall no longer be entitled to
anniversary Increases as set forth under Article 19, Anniversary
Increases, of this Agreement. ,
Section 5. In recognition of the fact that Public Service
Aides are in temporary positions not to exceed four years, it is
understood and agreed that any Public Service Aide hired after
December 21, 1986 shall no longer be considered a part of this
bargaining unit -nor shall they be entitled to any across-the-
board wage Increases, rights or benefits. Public Service Aides
hired after December 21, 1986 shall receive compensation as
91� 40
c —57— [
�4
s
deemed appropriate by the Department of Personnel Management.
Those Public Service aides hired prior to December 21, 1986 shall
be allowed to accrue vacation leave and shall be entitled to City
holidays as heretofore enjoyed. Public Service Aides shall have
no more than four years from date of hire to move up Into a law
enforcement position or employment elsewhere within the City.
Those Public Service Aides who fall to promote or gain employment
elsewhere in the City's employ shall be considered to have
resigned effective the last day of their four year employment.
Section 6. Temporary employees hired into a classified
Civil Service position shall satisfactorily serve a probationary
period of one year commencing with the date of entry into a
permanently budgeted classification and prior to gaining
permanent status in the classified service. The Director of
Personnel Management shall have the authority to fill temporary
positions as they are established, however, said positions shall
not exceed 150 full-time temporary positions during the life of
this Agreement. Should any layoffs of full-time regular
bargaining unit employees occur, said layoffs would be consistent
with current Civil Service Board Rules and Regulations and APM-5-
78.
ARTICLE 44
ACCIDENT REVIEW BOARD
Section 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 as they apply to vehicular accidents involving bargaining
unit employees.
n
ARTICLE 45
TOTAL AGREEMENT
Section 1. This Agreement, upon ratification, constitutes
the complete and entire agreement between the parties, and
concludes collective bargaining for Its term.
Section 2. The parties acknowledge that during the
negotiations which resulted in this Agreement, each had the
91-- 40
-58- ( `i
1 'a
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.
Section 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 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 46
SAVINGS CLAUSE
Section 1. In the event any article, section or portion of
this Agreement should be held invalid and unenforceable by any
court of competent jurisdiction, such decision shall apply only
to the specific article, section or portion thereof specifically
specified in the Court's decision, and that portion of this
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.
Section 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.
ARTICLE 47
TERM OF AGREEMENT
Section 1. After a majority vote of those bargaining unit
employees voting'on the question of ratification and thereafter
upon Its ratification by an official resolution of the City
Commission ratifying the Agreement and authorizing the City
91� 40
-59-�
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 11:69
p.m., September 30, 1993 provided, however, that the parties
shall meet no later than May 1, 1992 to reopen negotiations on
one article as selected by the City, excluding layoffs, and to
specifically discuss across-the-board increases, Article 24 -
Wages, and no other aspect of said article.
Section 2. On or before April 1, 1993, 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.
Section 3. On or before May 1, 1993, the City shall present
the Union with a list of proposals It desires to negotiate.
Section 4. Initial discussions shall thereafter, and no
later than June 1, 1993, be entered Into by the City and the
Union.
Agreed to this day of 0 19 by and
between the respective parties through an authorized
representative or representatives of the Union and by the City
Manager.
91_, 40
-60- % U
ATTEST:
ATTEST:
CITY CLERK
MIAMI GENERAL EMPLOYEES
AFSCME LOCAL *1907, AFL-CIO
ON THE PART OF THE CITY OF MIAM1,
MIAMI, FLORIDA
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
APPENDIX A
Occupational
Occupational
Salary
Code
Title
Range
1005
Mail Clerk
14A
1006
Mall Clerk Sr
16A
1008
Clerical Aide (was 5000)
09A
1010
Clerk I
12A
1011
Clerk ll
14A
1012
Clerk III
16A
1013
Clerk IV
20A
1020
Typist Clerk I
13A
1021
Typist Clerk 11
15A
1022
Typist Clerk III
17A
1025
Secretary I
15A
1026
Secretary II
17A
1027
Secretary III
19A
1037
interrogat Steno
20A
1038
Technical Transcriber
18A
1039
Pension Clerk
14A
1040
Tech Oper Liaison
19A
1105
Cashier I
15A
1106
Cashier II
17A
1110
Account Clerk
17A
1119
Accountant
22A
*1120
Accountant Sr
25A
*1121
Accountant Supervisor
28A
1201
Matris Spec I - Bldg Const
16A
1202
Matris Spec II - Bldg Const
18A
1203
Matrls Supv - Bldg Const
21A
1205
Stock Clerk I
14A
1208
Stock Clerk II
16A
1207
StoreKeeper
19A
1208
Matris Spec I - Comm Repr
16A
1209
Matris Spec it - Comm Repr
18A
1210
Procurement Spec Sr
28A
1211
Procurement Asst
20A
1212
Procurement Spec
22A
1213
Matris Supv - Comm Repr
21A
1214
Auto Prts Supv
21A
1224
Auto Prts Spec I
16A
1225
Auto Prts Spec 11
18A
1305
Admin Aide I
20A
*1347
Cable Comm Assistant
24A
1348
Marketing Spec
24A
*1354
Business Developer
26A
*1357
Economic Analyst
26A
1360
Job Developer
19A
1361
Employmt Interviewer
17A
1362
Info & Referral Spec
16A
1363
Info & Referral Aide
12A
1372
Complaint Specialist
22A
1375
Job Training Specialist
20A
1376
Sr. Job Training Specialist
22A
1405
Photographer 1
20A-
1406
Photographer II
22A
1415
Fire Info Spec
23A
1419
Public Relations Aide
19A
*1421
Public Rltn Agnt
23A
1430
Special Events Agent
20A
1505
Switchboard Oper
14A
1521
Phototypesetter
17A
1522
Camera Platemaker
18A
1523
Offset Press Operator
19A
1524
'Offset Press Operator Sr
21A
1525
Duplicat Eqp Op
16A
1526
Photolithographer
18A
1530
Print Shop Helper
12A
1540
Systems Engr I
26A
91-
-62-
,1
M
1
Occupational Occupational
Code Title
1654
Computer Op I
1656
Computer Op 11
1626
Revenue Insp 1
1626
Revenue Insp II
*2011
Surveyor
2013
Eng Tech 1
2015
Eng Tech II
2017
Eng Tech III
*2018
Eng Tech IV
2021
Public Works Eng
*2030
St Light Eng II
*2031
Civil Eng 1
*2032
Civil Eng 11
*2033
Civil Eng III
*2040
Elec Engineer
*2048
Architect 1
*2049
Architect 11
*2050
Architect III
2051
Landscape Arc Aide
2052
Landscape Technician
*2053
Landscape Arc
2110
Bldg Insp 1
*2111
Bldg Insp II
2120
Elec Insp 1
*2121
Elec Insp 11
2130
Plumbing Insp 1
*2131
Plumbing Insp 11
2145
Sign Inspector
2150
Env Code Enfr Insp
*2151
Zoning Insp II
2158
Mach Insp 1
*2159
Mach Insp 11
2169
Codes Com Insp 1
*2170
Codes Com Insp 11
*2177
Code Enforcemt Supv
2181
Cable TV Tech Spec
2183
Cable TV Tech Spec Sr
2204
Graphic Illustr
2205
Planning 111 1
2206
Planning 111 II
2207
Park Plan Aide
2208
Planning Tech
*2210
Park Plan Cord
2214
Housing Spec Asst
2219
Planning Intern
*2220
Planner 1
*2225
Housing Spcl
*2228
Housing Rhb Ln/O Sr
2229
Housing Rhb Ln/O
2230
Housing Rhb Est
*2231
Housing Rhb Est Sr
2232
Soo Prg Analyst
2233
Soo Prg Analyst Asst
2240
Asst Hsng Rehab Ln Offr
2244
Asst Hsng Rehab Estimator
3001
Laborer 1
3002
Laborer II
3005
Laborer III
3010
Labor Crew Ldr 1
3011
Labor Crew Ldr II
*3012
Public Works Supv
3104
Auto Eqp Op 1
3105
Auto Eqp Op 11
3106
'Auto Eqp Op III
3107
Auto Epp Op IV
3301
Maint Mach Helper
3302
Maint Mechanic
3303
Maint Mach Supv
SaIar
Range
20A
22A
21A
23A
30A
18A
20A
24A
27A
24A
30A
27A
30A
33A
33A
26A
29A
31A
19A
25A
28A
25A
27A
25A
27A
25A
27A
21A
23A
26A
25A
27A
23A
26A
27A
21A
23A
22A
11 9A
22A
20A
24A
29A
23A
16A
27A
26A
26A
23A
23A
26A
22A
20A
19A
19A
15A
16A
17A
18A
22A
28A
17A
19A
21A
22A
17A
20A
23A
-63-
Occupational
Occupational
Salary
Code
Title
Range
3304
Aprtc Air Cond Mech
060
3305
Air Cond Mech
26A
3308
Aprtc Electrician
060
3309
Elec Maintenance
23A
3310
Electrician
26A
3311
Elec Supervisor
27A
3313
Gen Maint Worker
17A
3314
Gen Malnt Rep - Pnt/Mec
20A
3315
Gen Malnt Rep - Carpen
21A
3316
Gen Malnt Rep - Electr
23A
3319
Aprtc Line Worker
O40
3320
Elec Line Worker
24A
3321
Elec Line Supv
26A
*3322
Plumber Supv
27A
3323
Aprtc Plumber
260
3324
Plumber
26A
3325
Aprtc Carpenter
O10
3326
Carpenter
21A
3327
Carpenter Supv
23A
3328
Mason
21A
3334
Aprtc Painter
OOQ
3335
Painter
20A
3336
Auto Body Wrkr/Pntr
22A
3337
Painter Sign
21A
3338
Painter Supv
23A
3339
Auto Pnt/Bdy Shop Supv
24A
3340
Pipefitter
19A
3341
Pipefitter Supv
22A
3350
Welder
22A
3351
Machinist
25A
3360
Fac Oper Worker
16A
3362
Fac Oper Supv
23A
3374
Police Fac Asst
19A
3402
Fuel Fac Att
16A
3404
Auto Mech Helper
17A
3405
Aprtc Auto Mech
020
3406
Auto Mechanic
23A
3407
Auto Mech Supv
25A
3408
Fuel Fac Supv
21A
3409
Heavy Eqp Mech Helper
18A
3410
Heavy Eqp Mech
24A
3411
Heavy Eqp Mech Supv
26A
4005
Custodian I
14A
4006
Custodian II
15A
4007
Custodian Supv
17A
5019
Identification Aide
16A
5020
Police Comm Clerk
18A
5022
Pol Prop Spec i
17A
5024
Pol Prop Spec 11
19A
5025
Ident Tech 1
22A
5026
Ident Tech it
26A
*5027
ID Unit Supv
28A
5030
Latent Print Examiner
24A
5070
Crime Analyst I
22A.
5071
Crime Analyst 11
24A
*5079
Emergency Plan Spec
29A
*5302
Fire Sfty Spec Sr
25A
5304
Fire Sfty Spec
23A
*5320
Video Program Spec
23A
5402
Comm Tech Appr
030
5404
Comm Repair Worker
21A
6405
Comm Tech
25A
5406
Comm Tech Supv
27A
5413
CComm Asst
18A
5415
Comm Operator
2OA
5416
Comm Oper Supv
22A
5510
Guard
13A
6512
City Ranger
14A
y� 40
-64- —? 0
Occupational Occupational
Code Title
6620
Stable Attendant
5523
Stable Attend Supv
6629
Facility Attend
6530
Marinas Faclt Att
5537
Laboratory Aide
6003
Grounds Tender
6005
Park Tender 1
6007
Park Tender II
6010
Greenskeeper
6015
Tree Trimmer
6016
Tree Trimmer Crew Ldr
6020
Cemetery Sexton
6021
Parks Naturalist
6025
Nursery Tender
*6026
Horticulturist
6035
Parks Supv 1
6036
Parks Supv it
6037
Parks Gen Supv
*6065
Fac & Grds Tf Mgr
6068
Marinas Aide
*6105
Lifeguard (P/O)
6106
Pools Manager
6107
Pools Supervisor
*6109
Sr. Lifeguard (P/0)
*6120
Tennis Supv
*6124
Prg Cord Hand Asst
6127
Hand Prgm Asst
6128
Hand Prgms Leader
6129
Hand Prgms Spec
*6135
Baseball Supv
6146
Rec District Supv
6148
Rec Specialist Sr
6149
Rec Specialist
6151
Water Sports Inst
*6152
Boxing Supervisor
6160
Gymnasium Attend
6170
Events Specialist
*6302
Day Care Ctr Supv
6304
Day Care Asst
7018
vocational Counselor
7020
Comm invol Asst
*7021
Comm Invol Spec
7024
Refugee Counselor
* - Job Basis/Exempt
Salary
Range
15A
18A
14A
13A
14A
16A
17A
19A
21A
16A
18A
20A
21A
17A
23A
18A
22A
23A
26A
16A
17A
19A
22A
19A
19A
25A
12A
20A
18A
20A
24A
21A
18A
21A
22A
21A
24A
23A
18A
21A
19A
21A
17A
NOTE: Occupation Code No's. 1203, 1213, 1214. 3303. 3327 and
3338 shall be designated as hourly occupations until such
time the occupations are vacated. Once vacated, the
occupations shall revert to Job basis status.
91- 40
-65- 71
APPENDIX B
Occupational
Occupational
Salary
Code
Title
Range
1023
Typist Clerk IV
19M
1028
Secretary IV
21M
1035
Legal Secy
19M
1036
Legal Secy Sr
21M
1042
Legal Services Aide
16M
1124
Auditor
23M
1125
Staff Auditor
26M
1126
Staff Auditor Sr
28M
1127
Staff Auditor Princ
30M
1128
Asst Auditor
19M
1140
Budget Assistant
22M
1145
Debt Services Coord
28M
1150
Investment Analyst
25M
1152
investment Spec
28M
1163
Finance Manager
33M
1155
Wkr Comp Claim Spec
25M
1159
Risk Manager Asst
32M
1160
Insurance Coord
26M
1215
Procurement Supv
29M
1230
Prop & Lease Mgr
33M
1235
Program Liaison
29M
1302
Health Benefits Aide
19M
1306
Admin Aide 11
22M
1309
Admin Asst I
25M
1310
Admin Asst II
28M
1311
Admin Asst III
31M
1312
Intergov Asst
20M
1313
Personnel Aide
19M
1316
Personnel Asst
21M
1317
Personnel Spec
24M
1318
Personnel Off
26M
1320
Personnel Off Sr
28M
1322
Personnel Supvr
30M
1324
Pers & Safety Off
26M
1325
Personnel Adm Asst
32M
1326
Validation Supv
34M
1328
Classlf & Compensa Supv
34M
1329
Manag Anal Asst
24M
1330
Safety Coord
31M
1332
Tech Operatns Coord
22M
1334
Manag Anal Sr
28M
1335
Manag Anal Prncpl
30M
1336
Manag Anal Chief
31M
1337
Manag Oper Anal
26M
1338
Manag Anal Supv
32M
1339
Finance Sery Adm
31M
1340
Resource Coordinator
28M
1341
Market Ser Adm
31M
1342
Rsch & Devt Spec
28M
1344
Min/Wom Bus Aff Rep
25M
1345
Fiscal Assistant
22M•
1350
Marketing Supervisor
29M
1352
Business Develop Sr
28M
1356
Business Dvlpmnt Supv
31M
1359
Econo Anal Princpl
30M
1385
Training Officer
26M
1366
Staff Analyst Asst
24M
1367
Staff Analyst
26M
1368
Staff Analyst Sr
28M
1369
Staff Analyst Prncpl
30M
1371
'Interna Trade Coord
29M
1373
San Services Coord
25M
1377
Job Train Supv
24M
1381
San Services Aide
21M
1382
Support Services Coor
31M
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
y1-
,E
11
11
Occupational Occupational
Code Title
1384
Productivity Anal Asst
1.385
Productivity Analyst
1386
Productivity Analyst, Sr.
1387
Productivity Analyst Princp
1414
Public Rel Splst
1422
Public info Ofcr
1424
Conven Actvy Coord
1427
Auditrm Mgr Asst
1432
Special Events Coord Conv
1434
National Sales Mgr
1440
Fac Prom Agent
1528
Print Shop Asst Supt
1529
Print Shop Supt
1537
Prod Ctri Spv
1641
Systems Engr it
1557
Computer Opr Supv
1560
Programmer Asst
1562
Systems Programmer
1566
Programmer Jr
1567
Programmer
1566
Programmer Sr
1569
Programmer Chief
1570
Sys Soft Manager
1572
Computer Opr Chief
1573
Data Base Manager
1576
Sys Analyst Sr
1577
Project Analyst
1582
Teleprocessing Coord
1584
Data Librarian
1586
Scheduler/Expediter
1587
Info Center Mng
1588
Info Center Spec
1629
Revenue Coll Supv
1810
Claims Adjustor 1
1812
Claims Adjustor II
1816
Claims Adjustor III
1820
Coll/Subrogat Spec
1822
Claims Supv Asst
1824
Claims Supv
2022
Engineer 1
2023
Prof Engineer 11
2024
Prof Engineer III
2034
Civil Eng IV
2054
Landscape Arc III
2058
Project Rep
2060
Cable TV Engineer
2112
Bldg Insp Chief
2122
Elec Insp Chief
2132
Plumbing Insp Chief
2152
Zoning Insp Chief
2160
Mech Insp Chief
2171
Codes Com Insp Chief
2176
Supv Permits & Rev
2178
Chief Code Enf Off
2221
Planner 11
2222
Planner III
2224
Comm Dev Coord
2226
Housing Spcl Prncpi
2227
Housing Spec Sr
2234
Soc Prg Anl Sr
2235
Soc Prg Anl Supv
2237
Commty Dv Prj Supv
2238
Spec Fnd Sery Coord
2239
•Social Prog Coord
2248
Urban Action Grant Coord
2252
Urban Develop Coord
2283
Project Devipmt Coord
3022
Sanit Supervisor
salary
Range
24M
26M
28M
30M
29M
28M
28M
25M
24M Hourly
30M
23M
27M
30M
23M
30M
26M
23M Hourly
29M
26M
28M
30M
32M
34M
32M
34M
32M
33M
28M
20M Hourly
21M Hour I y
34M
30M
26M
22M Hourly
24M
26M
24M
28M
30M
27M
30M
33M
35M
31M
29M
31M
31M
31M
31M
29M
31M
29M
29M
31M ,
31M
34M
32M
31M
28M
25M
28M
29M
26M
31M
32M
32M
31M
25M Hourly
91- 40
-67- t
[7
F1
Occupational
Code
Occupational
Title
Salary
Range
3025
Waste Col Supt Ast
28M
3026
Waste Col Supt
31M
3370
Prop Maint Asst Supt
28M
3371
Prop Maint Supt
31M
3372
Poi Security & Fac Supv
21M
Hourly
3375
Bldg Maint Supv
28M
3420
Garage Asst Supt
28M
3452
Asst Fleet Manager
28M
5018
Pol Prop Unt Mgr
32M
6017
Pol Prop Unt Asst Mgr
29M
sole
Pol Prop Unt Supv
26M
5060
Police Records Supr
25M
5078
Prof Compliance Asst
19M
Hourly
5077
Prof Compl Rep
26M
5303
Fire Sfty Spec Supv
27M
6312
Excrse Physiologist
27M
5314
Paramedic Instructor
29M
5316
Fire Sery Instructor
24M
5318
Fire Sfty Educ Spv
29M
5323
Video Program Prod
28M
5326
Fire Protection Eng
28M
5407
Comm Maint Asst Supt
28M
5408
Comm Tech Supt
31M
5420
Telc Sys Dev Mgr
33M
5702
Clerk I M/C
12M
Hourly
5704
Clerk 11 M/C
14M
Hourly
5706
Clerk III M/C
16M
Hourly
5708
Clerk IV M/C
20M
Hourly
5710
Typist Clerk I M/C
13M
Hourly
5712
Typist Clerk 11 M/C
15M
Hourly
5714
Typist Clerk III M/C
17M
Hourly
5715
Secretary 1 M/C
15M
Hourly
5716
Secretary 11 M/C
17M
Hou•riy
5718
Secretary III M/C
19M
Hourly
5720
Account Clerk M/C
17M
Hourly
5722
Accountant M/C
22M
Hourly
6724
Accountant Sr M/C
25M
5726
Accountant Supv M/C
28M
5728
Admin Aide I M/C
20M
Hourly
5732
Switchboard Oper M/C
14M
Hourly
5733
Civil Eng li M/C
30M
Hourly
5734
Civil Eng III M/C
33M
6029
Beach Oper's Supv
26M
6047
Parks Tch Ser Spv M&C
27M
6048
Parks Tch Ser Spv E&S
27M
6049
Parks Coordinator
27M
6050
Parks Supt Of
31M
6051
Opers, Asst Chief
29M
6053
Chief of Opers. Parks
31M
Hourly
6059
Asst Stads Adm
32M
6062
Marine Stad Mgr
27M
6065
Auditorium Mgr
29M
6066
Marina Operation Supv
25M
6069
Marinas Assistant
19M.
Hourly
6071
Marinas Facility Mgr
26M
6119
Cult Affr Coord
29M
6123
Prg Cord Handi
27M
6126
Suptd of Recreation
31M
6132
Golf Course Supt
33M
6133
Asst Supt of Golf
29M
6141
Liaison Specialist
28M
6156
Youth Prgm Spec
25M
6162
Recreation Asst Supt
29M
6172
.Events Supv
27M
6300
Day Care Admin
27M
6301
Day Care Adm Asst
25M
7004
Medical Asst
16M
Hourly
7006
Nurse Head
28M
91- 40
-68- '%��
Occupational
Occupational
Code
Title
7009
Nurse Adviser
7017
Jobs Train Prog Coord
7023
Citzn Part Supv
7031
Sanit Insp 11
7032
Sanit Insp Chief
7600
Exec Sec City Atty
7606
Sr Secretary
8000
Adm Asst to the CM
8002
Commissioner's Aide
8003
Admin Asst - City C
8005
Admin Asst Sr - City C
8007
Exec. Secretary
8008
Secretary III
8009
Special Aide
8012
Marine Develp Spec
8014
Asst City Attorney
8015
Admin Secty 1
8017
Deputy City Attorney
8018
Admin Secty It
8020
Special Asst to Mgr
8021
Executive Secy to City Mgr
8023
Labor Reins Spit
8024
Exec Asst Data Mgt
8027
Econ Coord Mgr 1
8028
Econ Coord Mgr 11
8029
Chief Proc Officer
8034
Typist Clerk 1
8037
Typist Clerk III
8038
Records Secretary
8039
Recept/Typist - CM Office
8050
Asst To Director-Pks & Rec
8071
Assistant City Clerk
8080
Ast To Dir-CD/PM/SW
8081
Asst to Dir-Com Dev
8082
Admin Asst 1
8083
Admin Asst II
8084
Receptionist
8086
Asst to Dir - Pers Mgt
8091
General Clerk
8098
Exec Asst to Fire Chief
8099
Executive Aide
8101
Secretary IV
8102
Sr Protocol Ofcr
8104
Secretary 11
8108
Contracts Admin
8110
Admin Officer -CC
8111
Events Coord
8114
Concert Promo/Prodcer
8115
Asst to Director/PW
8118
Business Manager
8120
Chf Depty City Clerk
8122
Records Reten Coord
8123
Support Sery Manager
8125
Intergovern Asst
8127
Cultural Liaison Aide
8128
Clerk/Receptionist
8130
Asst to Dir - GSA
8131
Office Manager
8133
Fiscal Prog Advisor
8137
Publ Relations Agent
8138
Housing Develop Coord
8139
Asst to Legls Admin
8143
Grants Mgmt Aide
8144
Grants Coordinator
8146
Mng Assistant
8148
Asst to Dir - Mgt Audit
8162
Fleet Manager
8155
Finance Officer
Sa_ Iary
Range
24M
31M
26M
23M
26M
23M
21M
29M
09M
21M
23M
23M
19M
15M
31M
X2E
19M
X5E
21M
26M
25M
26M
34M
32M
33M
35M
13M
17M
18M
180
31M
X3E
32M
29M
25M
28M
17M
34U
15M
31U
24M
21M
28M
17M
29M
29M
25M
29M
34M
34M
29M
17M
15M
22M
26M
12M
32U
24M
24M
23M
32M
25U
01U
29U
26U
30U
32M
33M
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
91- 40
-69- 7 S
0".
Occupational
Occupational
Code
Title
8156
Sr Affirm Action Spec
8.160
Chief Architect
8164
National Sales Mgr
8166
Conv Manager
8167
Sales Manager
8170
Asst to Dlr-Intnl A&R
8172
Spec Grnts Mgmt Coord
8180
Exec Asst to Pol Chief
8182
Jr Exec Asst to Pol Chief
8199
Emergency Prep Coord
8206
Admin Asst. III
8210
Zoning Administrator
8326
Cable Comm Admin
8408
Supp Services Coord
8420
Media Rel's Spec
8442
Public Info Liaison
8449
Research Asst
8472
Chief of Opers
8498
Exec Asst - Fire Chief/C
8702
Sr Train Officer
8704
Job Training Supervisor
8706
Sr. Job Training Spec
8708
Job Training Specialist
8710
Info & Referral Aide
8715
Info & Referral Spec
8718
Clerk 1
8720
Employ Interviewer
8724
Accountant
8726
Account Clerk
8730
Job Developer
8737
Public Info Officer
8738
Public Info Supv
8745
Code Enf Div Chief
8750
Special Proj's Asst
8752
Legislative Coord
8760
Comm Coord - O/T
8764
Financial Dev Adm
8770
Admin Aide 1
8773
Admin Aide it
8774
Pension Board Adm
8782
Development Sery Aide
8785
Auditorium Mgr Asst
8790
Special Events Agent
8793
Spec Projects Coord
** All employees in the Law Department.
SaIar
Range
26U
36M
30M
31U
31U
28M
26M
31U
29U
32M
31M
36M
32U
31U
23U
23U
26U
32U
31U
28M
24M
22M
20M
12M
16M
12M
17M
12M
17M
19M
28U
27U
32U
27U
25U
01U
34M
20U
22M
35M
22M
25U
20M
29U
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
All persons who hold interim, provisional, seasonal, part-time or
temporary positions are considered exempt from Appendix A and as
such are not entitled to any benefits as specified In this
Agreement.
91 -- 40
-70- 7t=l
7
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: Cesar H . Od
City Manager
RECOMMENDATION:
23
DATE . JAN - 21991 FILE
SUBJECT : Resolution Ratifying Labor
Agreement Between City of
Miami and Miami General
Employees/AFSCME, Local 1907
REFERENCES:
ENCLOSURES:
It is recommended that the City Commission authorize the City
Manager to enter Into a collective bargaining agreement between
the City of Miami and the employee organization known as the
Miami General. 'Employees, AFSCME, Local 1907 for the period of
October 1, 1990 through September 30, 1993 per the attached
resolution.
BACKGROUND:
Under Florida Statutes, Chapter 447, the City is required to
bargain collectively with the certified bargaining
representatives of the General Employees bargaining unit. The
City and the Miami General Employees representatives have been
meeting since May, 1990 in an effort to reach an agreement
acceptable to both sides.
As a result of those negotiations, the City and Miami General
Employees, AFSCME, Local 1907 have agreed to a three year
agreement providing a $700 one-time bonus payment with no across-
the-board Increase for FY'90-91, a 4% across-the-board increase
for FY'91-92 and a provision to reopen negotiations for FY'92-93
on across-the-board increases and one article as selected by the
City. For FY'91792, a 20 year longevity step will be
Implemented.
While the current language under Group Insurance remains
unchanged as to contribution level and the method for sharing In
future premium increases or decreases, the Group Insurance
article recognizes the parties are pursuing other avenues of
providing health care and should the parties be unable to agree
on the methodology or contribution levels, said disagreement will
be submitted to final and binding arbitration.
Beginning in March, 1991, a new concept on controlling sick .leave
abuse will be implemented. The new labor agreement provides for
peer review of sick leave, provides for progress Ivp dIsoIpIIno,
establishes a sick leave pool, an award program providing for
recognition of non -users of sick leave and establishment of an
Employee Assistance Program on a trial basis for one year
(FY'90-91). Please see the attached memorandum for -cpst
analysis. 11
r.
CC; Law Department r�
Budget Department
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Cesar H. Odlo
City Manager
FROM Dean R. M l e l ke
Labor Relations Officer
DATE : December 28, 1990 FILE
SUBJECT Contract Settlement with
General Employees, AFSCME
Local 1907
REFERENCES:
ENCLOSURES'
The City's negotiating team successfully concluded contract
negotiations with the Miami General Employees, AFSCME. Local 1907
Friday afternoon, December 21, 1990.
A summary of the more significant changes and their estimated
cost impact 1$,displayed below:
Article No. Subject
24 Wages:. Provides for a
$700 bonus for FY 1990-
91, a 4% Increase for FY
1991-92 and a reopener
on wages for FY 1992-93.
37
Longevity: Provides for
an additional 5% step
supplement for 20 years
of service effective FY
91-92.
Sick Leave: Provides
for establishment of
Sick Leave Pool in March
1991 not to exceed
20,800 hours.
Provides for establish-
ment of Employee
Assistance Program on
one year trial basis for
FY'90-91.
Cost Increases
FY 90-91
$700 bonus
$
814.100
FY 91-92
4% w/o rollup
$1,373,103
4% w/roliup
$2,051,553
FY 92-93
Reopener
FY 91-92
w/o rollup
$
290,083
w/rollup
S
433,413
FY 92-93
w/o rollup
$
81,346
w/rollup
S
121.539
FY 90-91
Cost to be
determined
upon experience;
usage of
sick leave pool.
'
$30,000
91.- 46
V.
Cesar H. Odlo
Ma
December 28, 1990
Estimate of Total FY 90-91 Cost Increase: $ 844,100
Estimate of Total FY 91-92 Cost Increase:
w/o rollup $1,663,186
w/rollup $2,484,966
Estimate of Total FY 92-93 Cost Increase:
w/o rollup $ 81,346*
w/rollup $ 121,539*
*FY 92-93 provides for a reopener on wages which would increase
the City's cost if an across-the-board Increase is granted in
addition to what has been granted in FY'91-92.
We anticipate that the General Employees, AFSCME, Local 1907 will
ratify the labor agreement the week of December 31. Thereafter,
it remains for the City Commission to ratify the labor agreement
at the Commission meeting of January 10, 1991.
ORM/sw
CC: Jorge Fernandez, City Attorney
Manohar Surana, Director, Budget Department
9 40.