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Home My WebLink AboutR-87-0926J-87-928 10/6/87 & A RESOLUTION NO. 13 "`9tiG A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE SANITATION EMPLOYEES ASSOCIATION, FOR THE PERIOD OF OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1989 UPON THE TERMS AND CONDITIONS SET FORTH IN SAID 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, in substantially the attached form, between the City of Miami and the employee organization known as the Sanitation Employees Association, for the period of October 1, 1987 through September 30, 1989 upon the terms and conditions set forth in said Agreement. PASSED AND ADOPTED this 22nd day of October ATTEST: AVIER L. PREPARED AND APPROVED BY: /� , d: edt ;;?, ROBERT F. CLARK, CHIEF DEPUTY CITY APPROVED AV TO LUC1q W. AND CORRECTNESS: ERTY, jCI TY ATTORNEY ATTA " 7'1TS E *. A. . 1987. C7;2 - SUAREZ MAYOR CITY COMMISSION MEETING OF OCT 92 119877 IN No. 8 r —726 f AGREEMENT BETWEEN CITY OF MIAMI, MIAMI, FLORIDA AND SANITATION EMPLOYEES ASSOCIATION 1987 - 1989 i TABLE OF -CONTENTS ARTICLE PAGE ADDENDUM NO. I MEMO OF UNDERSTANDING — SUBSTANCE/ALCOHOL — PERSONNEL SCREENING . . . . . . . . . . . . . 47 MEMO OF UNDERSTANDING - EXPEDITED ARBITRATIONS. . . . . . . 52 AGREEMENT . . . . . . . . . . . . . . . . 1 APPENDIX A . . . . . . . . . . . . . . . 54 APPENDIX B . . . . . . . . . . . . . . . 55 APPENDIX C . . . . . . . . . . . . . . . 56 AP:tia t X D . . . . . . . . . . . . . . . 57 A6s;ENTEEISM & TARDINESS. . . . . . . . . 18 21 ATTENDANCE AT MEETINGS/EMPLOYEE ASSOCIATION TIME POOL . . . . . . . . 10 13 BLOOD DONORS . . . . . . . . . . . . . . 34 39 BULLETIN BOARDS . . . . . . . . . . . . . 14 17 DEATH IN FAMILY . . . . . . . . . . . . . 33 39 DISCIPLINARY PROCEDURES. . . . . . . . . 17 19 DUES CHECKOFF . . . . . . . . . . . . . . 7 7 FLOATING HOLIDAY TIME. . . . . . . . . . 30 35 GRIEVANCE PROCEDURE. . . . . . . . . . . 8 9 GROUP INSURANCE . . . . . . . . . . . . . 28 32 HOLIDAYS . . . . . . . . . . . . . . . . 29 34 ILLNESS IN FAMILY. . . . . . . . . . . . 32 38 JURY DUTY . . . . . . . . . . . . . . . . 35 40 LAYOFF AND RECALL. . . . . . . . . . . . 20 23 LINE OF DUTY INJURIES. . . . . . . . . . 26 31 LOSS OF EMPLOYMENT . . . . . . . . . . . 19 22 MANAGEMENT RIGHTS. . . . . . . . . . . . 5 5 MATERNITY . . . . . . . . . . . . . . . . 36 40 NO DISCRIMINATION . . . . . . . . . . . . 15 16 NO STRIKE . . . . . . . . . . . . . . . . 6 6 NOTICES . . . . . . . . . . . . . . . . . 9 13 OVERTIME/COMPENSATORY TIME/CALL—IN . . . 22 28 PERSONNEL PRACTICE COMMITTEE . . . . . . 12 18 PREAMBLE . . . . . . . . . . . . 1 PREVAILING BENEFITS. . . . . . . . . 39 43 PROBATIONARY PERIOD. . . . . . . . . . . 18 18 PROVISIONS IN CONFLICT WITH LAW. . . . . 41 44 RECOGNITION . . . . . . . . , . . . . , 1 1 REPRESENTATION OF THE ASSOCIATION. . . . 4 4 REPRESENTATION OF THE CITY . . . . . . . 3 3 REVIEW OF VEHICULAR ACCIDENTS. . . ... . 13 17 SAFETY SHOES AND PERSONAL EQUIPMENT. . . 25 29 SHIFT DIFFERENTIAL . . . . . . . . . . . 24 29 S I CK LEAVE . . . . . . . . . . . . . . . 31 36 ' SPECIAL MEETINGS . . . . . . . . . . . . 11 15 STANDBY LABOR . . . . . . . . . . . . . . 2 2 TERM OF AGREEMENT. . . . . . . . . . . . 42 45 TOTAL AGREEMENT . . . . . . . . . . . . . 41 85 VACATION SCHEDULING/CARRYOVER. . . . . . 23 27 WAGES. . . . . . 21 24 WORK INCENTIVE PLAN. . . . 37 41 WORKING OUT OF CLASSIFICATION. . . . . . 27 32 8 7-- 926 AGREEMENT This Agreement, entered Into this day of 1987, between the City of Miami (hereinafter referred to as the "City") and the Sanitation Employees Association, Inc., (hereinafter referred to as the "Association"). PREAMBLE WHEREAS, it is the Intention of the parties to set forth herein the basic and full Agreement between the parties concerning terms and conditions of employment which are within the scope of negotiations: NOW, THEREFORE, the parties do agree as follows: ARTICLE 1 RECOGNITION Section 1. Pursuant to and In accordance with all applicable provisions of Chapter 447, Part 11, of the Florida Statutes, the City recognizes the Association 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 September 23, 1977 (Order No. 77E-437, Certification e355), which Includes all the classifications listed In APPENDIX A of this Agreement and excludes all classifications listed In APPENDIX B of this Agreement. Section 3. For the purpose of representation of employees In the classification of Standby Labor and the application of any rights or benefits In this Agreement, employees In the classification of Standby Labor will be limited to the provisions of ARTICLE 2 - STANDBY LABOR, ARTICLE 7 - DUES CHECKOFF and ARTICLE 16 - PROBATIONARY PERIOD. ARTICLE 2 STANDBY LABOR Section 1. Representation of employees In the Classification of Standby Labor and the application of any rights or benefits granted In this Agreement to the employees In the classification of Standby Labor Is limited to the following provisions: A. The application of the provisions of this article shall only occur when bargaining unit employees have worked a total of 1,040 hours In a twelve (12) month period. B. Standby Labor bargaining unit employees may request annually four (4) uniform shirts, four (4) pairs of uniform pants, one (1) cold weather Jacket, said Jacket to be replaced as needed, and two (2) hats, provided conditions of Paragraph "A" above have been met. Except as provided above, ARTICLE 25 - SAFETY SHOES AND PERSONAL EQUIPMENT shall apply to Standby Labor bargaining unit employees. C. Standby Labor bargaining unit employees will be granted forty (40) hours vacation per year. Vacation hours shall be credited on the first day of each calendar year provided that the employee has worked 1,040 hours In the preceding calendar year. This vacation leave will not be accrued and must be taken within the calendar year or be forfeited. D. Standby Labor bargaining unit employees shall not be covered by the CIv1I Service Rules and Regulations and their employment and Inclusion on the Standby Roster list will be determined by the Department Director or his designee. Standby Labor bargaining unit employees may bring questions concerning the application of those provisions of this Agreement concerning Standby Labor to the Sanitation Assistant Superintendent; and should the Sanitation Assistant Superintendent not answer any question to the satisfaction of the employees, 'the employee may seek further review from the Superinten'dent and, thereafter, the Department Director. The Standby employee may request review of the Department Director's decision by the Labor Relations Officer whose decision will be final and binding on the parties. Such review process will be completed within fifteen (15) working days from the date of the incident that gave rise to the question. E. Except as provided for In this Article, or where specifically mentioned In other Articles of this Agreement, no other provisions of this Agreement shall apply to Standby Labor employees. ARTICLE 3 REPRESENTATION OF THE CITY Section 1. The City shall be represented by the City Manager or a person or persons designated in writing to the Association by the City Manager. The City Manager shall have sole authority to conclude an agreement on behalf of the City subJect to ratification by an official resolution of the City Commission. It Is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the Association. Negotiations entered Into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the City. Accordingly, the Association, Its officers, agents and bargaining unit members agree to conduct all business regarding wages, hours, and terms and conditions of employment, with those representatives of the City designated by the City Manager in writing; provided, however, ARTICLE 8 - GRIEVANCE PROCEDURE of this Agreement shall operate as specifically stated therein. ARTICLE 4 REPRESENTATION OF THE ASSOCIATION Section 1. The bargalning unit shall be represented by a person or persons designated in writing to the Labor Relations Office by the Executive Director of the Association. The Identification of representatives shall be made by March 15th each year. The person or persons designated by said Executive Director, shall have full authority to conclude an agreement on behalf of the Association, subject to a majority vote of those bargaining unit members voting. on the question of ratification. It Is understood that the Association representative or representatives are the official representatives of the bargaining unit for the purpose of negotiating with the City. Negotiations entered Into with persons other than those as defined herein, regardless of their position or association with the Association, shall be deemed non -authorized and shall have no weight of authority in committing or in any way obligating the Association. The Association will notify the Office of Labor Relations In -writing of any changes of the designated Association representative. Section 2. For the purpose of meeting with the City to negotiate a collective bargaining agreement, the Association shall be represented by not more than four (4) bargaining unit members and not more than two (2) non -employee Association representatives. The employee representatives will be paid by the City for time spent In negotiations, but only for the stralght-time hours they would otherwise have worked on their regular work schedule. For the purpose of computing overtime, time spent In negotiations shall not be considered as hours worked. Shift differential shall not be paid for time spent in negotiations. Section 3. Non -employee Association representatives will be allowed to meet with bargaining unit employees on City property during the one-half (1/2) hour prior to "work call" on the condition that the Department Director Is advised one (1) working day prior to the proposed meeting. The Department -4- 01rector or his designee sha111 designate the place In the assembly room for said meeting. It Is agreed by the parties the Meetings referred to herein will not carry over beyond "work call" unless specifically approved by the Department Director, nor shall they Interfere with Management's right to direct the workforce. ARTICLE 5 MANAGEMENT RIGHTS Section 1. The Association agrees that the City has and will continue to retain, whether exercised or not, the sole right to operate and manage Its affairs in all respects; and the powers or authority which the City has not specifically abridged, delegated or modified by the express provisions of this Agreement are retained by the City. The rights of the City, through Its management officials, shall Include, but shall not be limited to, the right to determine the organization of City Government; to determine the purpose of each of its constituent departments; to exercise control and discretion over the organization and efficiency of operations of the City; to set standards for services to be offered to the public; to direct the employees of the City, including the right to assign work and overtime; to hire, examine, classify, promote, train or retrain, transfer, assign, and schedule employees In positions with the City; to suspend, demote, discharge, or take other disciplinary action against employees for proper cause; to Increase, reduce, change, modify or alter the composition and size of the work force, Including the right to relieve employees from duties because of lack of work, funds, or a material change In the duties or organization of a department; to determine the location, methods, 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 classifications; to change or eliminate existing methods, equipment or facilities; and to establish, Implement and maintain an effective Internal security program. Section 2. The City has the sole authority to determine the purpose and mission of the City, to prepare and submit budgets to be adopted by the City Commission. Section 3. Those Inherent managerial functions, prerogatives and policy -making rights which the City has not expressly modified or restricted by a specific provision of this Agreement are not In any way, directly or Indirectly, subject to the Grievance Procedure contained herein. ARTICLE 6 NO STRIKE Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or In part by any group of employees from the full and faithful performance of their duties of employment with the City, participation In a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating In furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Association, nor any of Its officers, agents and members, nor any bargaining unit members, covered by this Agreement, will instigate, promote, sponsor, engage In, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing In furtherance of a work stoppage, or any other Interruption of the operations of the City. + Section 3. Each employee who holds a position with the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition In Chapter 447, Part 11, of the Florida Statutes, and the Constitution of the State of Florida, Article I, Section S. Accordingly, the Association, Its officers, and other representatives agree that It Is their Continuing obligation and responsibility to maintain compliance With this Article and the law, Including their responsibility to abide by the provisions of this Article and the law by remaining at work during any Interruption which may be Initiated by others; and their responsibility, In event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike. Section 4. Any or all employees who violate any provisions of the law prohibiting strikes, or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grlevable or arbitrable under the provisions of this Agreement. Appeal of suspensions or dismissals may be taken to the Civil Service Board consistent with applicable Civil Service Rules and Regulations. ARTICLE 7 DUES CHECKOFF Section 1. During the term of this Agreement, the City agrees to deduct Association membership dues and uniform assessments, If any. In an amount established by the Association and certified In writing by an accredited officer to the City from the pay of those employees in the bargaining unit who Individually make such request on a written checkoff authorization form provided by the City. Such deduction will be made by the City when other payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorization by the City. The Association 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 Association fines, penalties, or special assessments. Section 3. Deductions of dues and uniform assessments, if any, shall be remitted by the City during the week fol*lowin'g.each "7 biweekly pay period to a duly authorized representative as designated in writing by the Association. The Association shall remit to the City the sum of $100 to provide for the cost of dues checkoff. Such payment shall be made annually and shall be received by the City no later than October 1 of each year. Section 4. In the event an employee's salary earnings within any pay period, after deductions for withholding, Social Security, retirement, group health Insurance, and other priority deductions, are not sufficient to cover dues and any uniform assessments, It will be the responsibility of the Association to collect Its dues and uniform assessment for that pay period directly from the employee. Section 5. Deductions for Association dues and/or uniform assessment shall continue until either: (1) revoked by the employee by providing the City and the Association with thirty (30) days written notice that he/she is terminating the prior checkoff authorization [the thirty (30) days notice shall commence on the day the dues cancellation request Is mailed by the City to the Associatlon]; (2) the termination of the authorizing employee, or (3) the transfer, promotion, demotion of the authorizing employee out of the bargaining unit. Section S. The Association shall Indemnify, defend and hold the City, Its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise). and for all legal costs arising from any action taken or not taken by the City, Its officials, agents and employees in complying with this Article. The Association shall promptly refund to the City any funds received In accordance with this Article which are in excess of the amount of dues and/or uniform assessments which the City has agreed to deduct. Section 7. The Dues Checkoff Authorization Form provided by the City shall be used by employees who wish to initiate dues deduction. ARTICLE 8 GRIEVANCE PROCEDURE Section 1. A grievance Is defined as a dispute involving the Interpretation or application of the specific provisions of this Agreement, except as exclusions are noted in other Articles of this Agreement. Section 2. A grievance shall refer to the specific provision or provisions, of this Agreement, alleged to have been violated. Any grievance not conforming to the provisions of this paragraph, shalt be denied and considered conclusively abandoned by the grievant, grievants, and/or Association. Section 3. Nothing In this Article or elsewhere in this Agreement shall be construed to permit the Association 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, commission or agency, or court proceeding, brought by an individual employee or group of employees, or by the Association. The parties agree that any complaint specifically regarding the Interpretation or application of the Civil Service Rules and Regulations Is only reviewable under the procedure currently set forth in Rule 16, Civil Service Rules and Regulations, and not under this Grievance Procedure. Section 4. It Is further agreed by the Association that employees covered by this Agreement shall make an exclusive election of remedy prior to filing a 2nd Step Grievance or Initiating action for redress in any other forum. Such choice of remedy will be made In writing on the form to be supplied by the City. The election of remedy form will Indicate whether the aggrieved party or parties wish to utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or administrative action before a governmental board. commission, agency or court proceeding. Selection of redress other than through the Grievance Procedure contained herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for adjustment of said grievance. -9- wig. i; Section 5. To simplify the Grievance Procedure, the number of "working days" In presenting a grievance and receiving a reply shall be based upon a five (5) day work week, Monday through Friday, not including City-wide holidays. Section 6. Grievances shall be processed In accordance with the following procedure: Step 1. The aggrieved employee shall discuss the grievance with his Immediate foreman outside the bargaining unit within five (5) working days of the occurrence which gave rise to the grievance. The Association representative shall be given an opportunity to be present at any grievance meeting. Failure of the Association representative to attend shall not preclude the meeting from taking place. The immediate foreman shall attempt to adjust the matter and/or respond to the employee within five (5) working days. Where a grievance Is general In nature In that It applies to a number of employees having the same Issue to be decided, or If the grievance is directly between the Association and the City, it shall be presented directly at Step 2 of the Grievance Procedure, within the time limits provided for the submission of a grievance In Step 1 and signed by the aggrieved employees or the Association representative on their behalf. Step 2. If the grievance has not been satisfactorily resolved at Step 1, the Association may present a written appeal to the Department Director within five (5) working days from the time the response was Issued or due (whichever occurs first) at Step 1. The Department Director shall meet with the Association representative and shall respond In writing to the Association within five (5) working days from receipt of the appeal. Step 3. If the grievance has not been satisfactorily resolved At - Step 2, the Association may present a written appeal to the -10- City Manager within seven (7) working days from the time the response was issued or due (whichever occurs first) at Step 2. The City Manager, via the Labor Relations Officer, or his designee, shall meet with the Association representative and shall respond in writing to the Association within ten (10) workirg days from receipt of the appeal. Step 4. if the grievance has not been satisfactorily resolved within the Grievance Procedure, the Association may request a review by an impartial arbitrator provided such •request is filed In writing with the City Manager no later than fifteen (15) working days after the City Manager's response was Issued or due (whichever occurs first) at Step 4 of the Grievance Procedure. Section 7. All grievances must be processed within the time limits herein provided unless extended by mutual agreement In writing. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Any grievance not answered by Management within the time limits provided above will automatically advance to the next higher step of the Grievance Procedure. Section S. The parties to this Agreement wlII attempt to mutually agree upon an independent arbitrator. if this cannot be done. one will be selected from a panel or panels to be submitted by the American Arbitration Association. Section 9. The arbitration shall be conducted under the rules set forth in this Agreement and not under the rules of the American Arbitration Association. SubJect to the following, the arbitrator shall have Jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which ig not a -11- 0 /5 • grievance as defined in this Agreement, or which is not specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrator to supersede applicable laws In existence at the time of signing this Agreement. Section 10. The arbitrator may not Issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. Section 11. It Is contemplated that the City and the Association mutually agree In writing as to the statement of the matter to be arbitrated prior to hearing; and If this Is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of failure of the parties to so agree on a statement of Issue to be submitted, the arbitrator will confine his consideration to the written statement of the grievance presented In Step 2 of the Grievance Procedure. Section 12. Each party shall bear the expense of Its own witnesses and of Its own representatives. The parties shall bear equally the expense of the impartial arbitrator. The party desiring a transcript of the hearing will bear•the cost of same. Section 13. Copies of the award of the arbitration made in accordance with the Jurisdiction or authority under this Agreement shall be furnished to both parties within thirty (30) days of the hearing and shall be final and binding on both parties. Section 14. A request for review of complaints under Civil Service Rule 16.2 may only be made by employees with permanent status. Such reviews will be denied where the request does not cite the specific Civil Service Rule which is the basis of the complaint; or, where the issue Is a matter subject to collective bargaining. -12- ARTICLE 9 NOTICES Section 1. The City of Miami agrees to provide to the Sanitation Employees Association the following notices or bulletins: City Commission Agenda, the Solid Waste Department Planning Budget Estimate, the Solid Waste Budget presentatlon material given to the City Commission, the Solid Waste final departmental budget, the City of Miami Budget and revisions and any other notices. bulletins. or material which the City Manager or his designee determines would affect the terms and conditions of employment of the members of the Association. Such notices and estimates will be available for pickup by an Association representative at the City of Miami's Labor Relations Office. ARTICLE 10 ATTENDANCE AT MEETINGS/EMPLOYEE ASSOCIATION TIME POOL Section 1. Only the President of the Association, or one designated representative, shall be allowed to attend regular meetings and special meetings of the City Commission, the Civil Service Board, the Affirmative Action Advisory Board and the Pension Plan Board. Time off for the Association President or any other bargaining unit employee to attend other meetings will be In accordance with Section 2 of this Article. Section 2. An Association Time Pool is hereby authorized subject to the following: A. Each fiscal year. the City agrees to provide a non- cummulative time pool bank of 2,800 hours to be used in accordance with the provisions* of this Article. In return for the 2,800 hour non-cummulative time pool bank. any and all hours heretofore banked are to be considered Irrevocably expended upon ratification of this Agreement. B. For each employee, except the Association President, or a designee. when on full time release. who -is authorized to use time from the Time Pool,' the Executive Director shall fill out the appropriate form as provided by the -13- 4.t AW 4W City. This form shall be processed through channels of the employee who Is to use the pool time. The form must be processed so that a copy shall be In the Office of the Department Director a minimum of seven (7) calendar days prior to the time the employee has been authorized to use the pool time. it is understood on rare occasions the seven (7) day time Iimit may not be met. The Executive Director then shall forward a detailed explanation to the Department Director as to why the seven (7) day rule was not met. C. Employees shall be released from duty on pool time only If the needs of the service permit, but such release shall not be unreasonably denied. If because of the needs of the service an employee cannot be released at the time desired, the Association 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 Association Time Pool, the dally 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 Association Time Pool, or while engaged. In activities paid for by the Association Time Pool, shall not be considered a IIne-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 Department Director. the President of the Association, 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 Associations -14- 8721v. / 9 I. The Association President, or a designee, will reasonably be available through the Association office currently located at 1400 N.W. 36th Street, Suite 203, Miami, Florida 33142 for consultation with the Management of the City of Miami. 2. As provided in Section 1 of this Article, the President or a designee shall be the only representative to attend meetings. 3. The Time Pool will be charged for all hours during which the Association Representative Is on off -duty release except that absence due to use of vacation leave, compensatory leave, or sick leave will be charged to the employee's accounts. The Association Representative shall not be eligible for overtime or compensatory time. Section 3. All applicable rules, regulations and orders shall apply to any person on Time Pool release. Violations of the above -mentioned rules, regulations and orders 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 this Article Is found to be Illegal. Canceling the Article shall not preclude further negotiations of future employee pool time. ARTICLE 11 SPECIAL MEETINGS Section 1. The City Manager, or his/her designee, and the Association agree to meet and confer on matters of Interest upon written request of either party. The written request shall state the nature of the matter to be discussed and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the request, but It is understood that these special meetings shall not be used to renegotiate this Agreement. Special meetings shall be held within fifteen (15) working days of the receipt of the written request and shall be held between 8:00 a.m. and 5:00 P.m., at a time and place designated by the i City. The Association shall be represented by not more than five (5) persons at special meetings. Two (2) persons of the five eligible shall be the person on full time release and the Executive Director. Section 2. Release of an employee from his scheduled work assignment for the purpose of attending a special meeting shall be made In accordance with ARTICLE 10, SECTION 2, of this Agreement. However, If the meeting is cancelled by the City Manager or his designee, no charge shall be made to the employee time pool. ARTICLE 12 PERSONNEL PRACTICE COMMITTEE Section 1. There shall be a Personnel Practice Committee which shall consist of not more than five (5) members who shall be designated by the Association and not more than five (5) members designated by the Department Director. The Association membership shall consist of three (3) bargaining unit employees, the Executive Director, and the Association Representative referred to In ARTICLE 10, SECTION 2 (F). The Management membership shall consist of employees within the Department, designated by the Department Director. Section 2. Personnel Practice Committee meetings may be requested by either party and such meetings shall be scheduled during working hours at a time set by the Department Director. The Department Director, or his designee, shall preside at all meetings. The purpose of these meetings will be to discuss problems and objectives of mutual concern, not Involving grievances or matters which have been or are the subject of collective bargaining between the parties. Section 3. Meetings shall be conducted on a semi -formal basis, following an agenda which shall Include Items submitted by any members of the Committee to the Department Director at least five (5) working days prior to the meeting, together with such Information as may be helpful In preparing'a meaningful agenda program. The agenda shall be provided each member of the Committee and one ( 1 ) copy forwarded to the Off ice of the City Manager. The Department Director shall arrange for minutes to be taken of each meeting and for the distribution of copies to each member of the Committee and the Office of Labor Relations within ten (10) working days after the close of the meeting. ARTICLE 13 REVIEW OF VEHICULAR ACCIDENTS Section 1. The Vehicular Accident Review process as previously developed between the Management of the Solid Waste Department and the Sanitation Employees Association, Inc., will be continued. The three representatives appointed by the Association shall be bargaining unit members. Section 2. Provided, however, that when there Is a tie vote on the Accident Review Board and the employee Is subject to receipt of a written reprimand, suspension, demotion or dismissal, the employee shall have an opportunity to review his case with the Department Director prior to the imposition of disciplinary action. This opportunity shall not alter the sole right of the Director to take whatever action he deems to be appropriate. ARTICLE 14 BULLETIN BOARDS Section 1. The City will provide for the use of the Association a glass enclosed locking bulletin board at the Solid Waste Department building. A key to the bulletin board will be kept by the Superintendent of the Department or his designee. and by a representative of the Association. The bulletin board shall be used only for the following notices: A. Recreation and special affairs of the Association S. Association Meetings C. Association Elections D. Reports on Association Committees E. Contract Administration Information Section 2. Notices or announcements shall not contain anything political or reflecting adversely on the City or any of Its officers or employees; notices or announcements which violate the provisions of this section shall not be posted. Notices or announcements posted must be dated and must bear the signature of the Executive Director or his/her designee. In the event any non -Association material Is posted on the bulletin board, It shall be promptly removed by a representative of the Association or a representative of the City. ARTICLE 15 NO DISCRIMINATION Section 1. The City agrees to continue Its policy of not discriminating against any employee because of race, creed, national origin, Association membersh I p ' or sex. Any claim of discrimination by an employee against the City, Its officials or representatives, shall not be grlevable or arbitrable under the provisions of ARTICLE 8 - GRIEVANCE PROCEDURE but shall be subJect to the method of review prescribed by law or by rules and regulations having the force and effect of law. Section 2. The Association shall not -interfere with the right of employees covered by this Agreement to become or refrain from becoming members of the Association, and the Association shall not discriminate against any such employees because of membership or non -membership In any employee organization. ARTICLE 16 PROBATIONARY PERIOD Section 1. All bargaining unit employees shall be required to serve six (6) months of continuous service In a probationary status commencing with the date of their appointment to any bargaining unit classification except Standby Labor; provided, however, Standby Laborers who have worked not less than 2,400 hours In the 24 months immediately preceding their appointment to Waste Collector shall. be required to serve a three (3) month probationary period. -18- 4 87--926. g-_ Section 2. . Probationary periods may be extended by the Department Director for an additional period not to exceed six (6) months. The employee shall be advised in writing of the length of the extension and the reasons for It prior to the end of his fifth month of service; provided, however, that probationary period extensions shall not be appealable to the Civil Service Board nor grievable under this Agreement, but shall only be subject to review by the Labor Relations Officer whose decision shall be final and binding on the employee and the Department. ARTICLE 17 DISCIPLINARY PROCEDURES Section 1. When an employee has reasonable grounds to conclude that his participation In an Investigatory Interview will result in his receipt of disciplinary action, the employee may request that the Sanitation Employees Association Executive Director or a City employee Association 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 an unreasonable period of time If that individual Is not readily available and the Interview shall proceed. Section 2. Investigatory Interviews shall be conducted at a reasonable hour, preferably while the employee is on duty, unless the seriousness of the Investigation Is of such degree that immediate action Is required. If the employee is required to be Interviewed outside his 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. -19- d+ Section 4. Interviews shall be for reasonable periods and shall allow for such personal necessities and rest periods as are reasonably necessary. Section 5. in cases where It becomes necessary to immediately discharge or suspend a permanent, classified employee covered by this Agreement, the employee shall be relieved of duty with pay. Upon receipt of written notice from management of the specific charges, the employee shall be considered discharged or suspended as specified in the written notification. Proof of service shall consist of either: a) hand delivery to the employee, or b) certified mail delivery to the employee's last known address on file with the Department of Solid Waste. Section S. If an appeal of any discharge or other disciplinary action, excluding oral or written reprimands, Is filed with the Civil Service Board In accordance with the Board Rules and Regulations, such appeal shall be an election of remedy and shall waive any right on the part of the employee or the Association to file or process a grievance under the terms of this Agreement protesting such discharge or other disciplinary action. Should an eligible employee elect to grieve discharge or other disciplinary action, excluding an - oral or written reprimand, such grievance shall be made In accordance with the terms of the Grievance Procedure Article as contained In this Agreement. Relative to bargaining unit employees, the Association, Its members. and agents acknowledge that only those rights speclflcF.11y cited In this Article shall apply to the Imposition of dismissals and suspensions or the resolution of objections to them. Section 7. Employees who ,have not attained permanent status In the classified service, or who are entrance probationary employees, may not grieve disciplinary action under the provisions of this Agreement. Permanent classified Civil Service employees who have been appointed to a promotional position but who have not completed the required probationary period may be reduced In rank at any time prior to the expiration of the probationary period. Said demoted employee shall not.be -20- gq A. 3xt accorded a hearing before the Civil Service Board or access •to the grievance procedure contained herein. An entrance probationary employee may be discharged at any time prior to the expiration of the probationary period. Said discharged or disciplined employee shall not be accorded a hearing before the Civil Service Board or access to the grievance procedure contained herein. Section 8. Employees may be disciplined only for proper cause, provided they are full time employees who hold permanent status In the City's Civil Service. ARTICLE 18 ABSENTEEISM & TARDINESS Section 1. The parties agree that employee absenteeism and/or tardiness hinders the cost efficient delivery of service by the department and creates a hardship for both management and members of the bargaining unit. The Association will urge Its members to reduce absenteeism, but the Association does not accept responsibility for Implementing or administering the disciplinary program set forth In Section 3 of this Article. Section 2. Definitions: Instance -- An absence from work In duration of one or more consecutive work days for reasons of non -job related Illness or Injury and/or absence without leave authorized* at least one work day In advance. Except that absence because of the employee's Injury or acute Illness or his attending to serious injury or acute illness of any actual member of the employee's household shall not be counted as an Instance of absence. Management in Its sole discretion may require a Doctor's statement from the employee verifying same. Failure to provide the Doctor's verification shall cause the absence to be counted. Annual Period -- Effective January 1. 1988, a twelve (12) month period beginning with the occurrence of the employee's, first Instance. -21- r, ., Section 3. Employees shall be disciplined for absences In accordance with the following schedule: Number of Instances Discipline 3rd Instance In annual period Written reprimand 4th instance In annual period Written reprimand 5th Instance in annual period Three (3) work day suspension w/o pay 6th instance in annual period One work week suspension w/o pay 7th Instance in annual period Dismissal Tardiness is reporting for work in excess of 15 minutes beyond the scheduled starting time of the shift. Employees shall be disciplined for tardiness by being sent home without pay on each day he reports to work In a tardy status. After an employee Is tardy six (6) times in an annual period, he shall be advised In writing that one more Instance of tardiness In the annual period will result in dismissal. Exceptions to the above schedules may be granted by the City Manager and the Labor Relations Officer, If, in their sole discretion, Individual circumstances warrant such action. Section 4. In lieu of the sick leave conversion provision set forth In SECTION 8 of ARTICLE 26 - SICK LEAVE, employees with sick leave credits In excess of 480 hours (600 hours for Incentive Plan employees) as of January 1 of each year shall have one-half of the excess sick leave earned the previous year credited to their sick leave bank. The remaining excess leave shall be paid off at the rate of One Hundred ($100.00) Dollars per day (not to exceed $600) and shall not be credited to the employee's vacation leave bank. 10 ARTICLE 19 LOSS OF EMPLOYMENT Section 1. Employees shall lose their seniority and their employment shall be terminated for the following reasons: 1. Discharge if not reversed. 2. Resignation. -22- 3. Abandonment of position. An employee absent for three (3) consecutive work days without notification of an acceptable reason may be considered as having resigned unless the employee has a legitimate acceptable reason for not notifying the City of his absence. 4. Unexcused failure to return to work when recalled from layoff. 5. Unexcused failure to return to work after expiration of a formal leave of absence. 6. Retirement. 7. Layoff for a continuous period of twenty-four (24) months. ARTICLE 20 LAYOFF AND RECALL Section 1. Definition: Seniority shall mean the status attained by the length of continuous service within existing permanent Civil Service classifications within the Department of Solid Waste. Section 2. Definition: Layoff shall mean the separation of employees from the permanent active work force due to lack of work, funds, abolition of position or positions because of changes in organization or other causes. Section 3. In the event a permanent or prolonged reduction In personnel is determined to be necessary, length of seniority shall be the determining factor In such layoff (and any subsequent recall from layoff) except that the City Manager or his designee may at his sole discretion deviate from seniority in layoffs or demotions when seniority alone would result In retaining employees unable to maintain a satisfactory level of service to the citizens. In such cases the Sanitation Employees Association President will be advised of the determination and the reasons therefore. Section 4. In the event an employee having permanent status In a Civil Service classification covered by this Agreement Is laid off, he or she may have the option to bump the. -23- pp 477�2 ,- most Jun lor employee within a lower classificatlon covered by this Agreement in which he or she held permanent status. Section 5. All permanent, full-time classified employees laid off will at their option have the opportunity to be placed at the top of the "Standby List" in order of their seniority. Such employees must report to work dally except for excused absences to remain on the Standby List. Those laid off. permanent, full-time classified employees who decline to be placed on the Standby List will lose all rights to their former positions after twenty-four (24) months. Section 6. The above employee option must be made upon receipt of the layoff notices. ARTICLE 21 WAGES Section 1. The City agrees to adjust the wage rates of all classified bargaining unit employees in accordance with the following schedule, with each adjustment to be effective on the first day of the first full pay period following the date Indicated: October 1, 1987 - 0% October 1, 1988 - 4% Standby Labor shall be compensated at the rate of $7.30 per hour. Effective the first full pay period following October 1, 1988, Standby Laborers shall be compensated at the rate of $7.59 per hour. Section 2. All changes In salary for reasons of promotion, demotion, merit Increase, anniversary Increase, longevity increase or working out of classification shall be effective the first day of the payroll period following the effective date of the change. Section 3. The parties hereto agree In return for Increased productivity on the part of the Sanitation Employees Association, Its officers, members and agents, that there will be a productivity bonus paid October 30, 1987 to all permanent active working members of the bargaining unit. This bonus shall -24- 26* PF not be Included in either pension computations, nor shall It be subject to or affected by overtime, holiday pay or any other costs incorporated Into It. Said bonus will be $1,000.00 and will be paid only to those employees who are on board In a fu l l working status at the time the payment of the bonus Is made. The second productivity bonus will be paid October 30, 1988. The second productivity bonus restrictions will be the same as for the October 30, 1987 bonus. Effective January 1, 1988, bonuses will not be paid to any employee who has six or more "instances" as outlined In Article 18, Absenteeism and Tardiness, Section 3. Those Standby employees who have worked 1,040 hours in the preceding 12 months of October 1, 1987 shall be eligible for a one time $300.00 cash bonus. This bonus shall not be subject to or used for figuring overtime, holiday pay or any other pay supplements. Said $300.00 bonus will be paid to those Standby employees who are on board in a full working status at the time the payment of the bonus is made. This productivity bonus will be part of an employee's financial package. During negotiations with the Sanitation Employees Association for a successor collective bargaining agreement, this bonus or another one to be negotiated, will be continued on the same conditions as are set forth herein. Further, the productivity adjustment bonus will be paid in consideration of the Sanitation Employees Association's assistance and full acceptance of the forthcoming productivity adjustments such as reorganization of the collection of the trash and garbage routes, staffing, manning, and joint collection of garbage and trash, should it be Implemented in the future. The Sanitation Employees Association, Its officers, agents and members pledge their full cooperation with the current reorganization and Implementation of all phases of the productivity programs that will be developed during the term of this Agreement. Section 4. Should the City conclude an Agreement with another employee organization during tho term of this contract which provides for wage Increases greater than those provided -25- 0 1 � r ... X;'.-. of ;'Si:•7�:• v}dh�" herein, this Agreement shall be automatically reopened In order to negotiate new terms similar to those of the more favored bargaining unit. ARTICLE 22 OVERTIME/COMPENSATORY TIME/CALL-IN Section 1. All work performed in excess of an employee's normal work day and In excess of an employee's normal work week shall be considered overtime work provided, however, that no overtime pay, call back pay or night shift differential pay will be awarded for work required to finish incomplete work or Incomplete route assignments, due to employee negligence. Section 2. Employees performing compensable overtime work shall, at their discretion, be paid time and one-half at their straight time hourly rate of pay or shall be given compensatory time at the rate of time and one-half for such work. This overtime rate shall be all Inclusive and no additional compensation In the form of hourly differential, etc., shall be paid. Section 3. The maximum accumulation of compensatory time hours Is two hundred (200) hours. If •an employee takes compensatory time off, the hours in his bank would be appropriately reduced by such time off. If an employee leaves the service of the City and cashes in his bank, the hours therein shall be valuated on the basis of the rate of pay earned by that employee during the last pay period of the fiscal year in which the hours were banked. Section 4. The parties agree that overtime hours shall not be used In the computation of arriving at average earnings for purposes of establishing pension benefits. Section 5. The parties agree that assignments of overtime work shall rest solely with the Department Head or his designee. Management will attempt to rotate overtime to eligible persons within their respective classifications. A voluntary sign up list will be posted for bargaining unit members to sign up for overtime. Management by utilizing volunteers does not waive its -26- r 0 0I Y !.•;a rights to require overtime. Any questions regarding the classifications needed, frequency, staffing, scheduling, emergencies, etc., will remain the sole prerogative of the Department Head or his designee. Section 6. The parties agree that assignment of overtime work is on an Involuntary basis and any employee refusing assignments of such work Is subject to disciplinary action as deemed appropriate by the Department Head. Section 7. Those employees continued to be scheduled to work a regularly established six (6) day work week, shall be paid sixty (60) hours straight time pay and shall accrue vacation in accordance with applicable Civil Service Rules. Section 8. Any permanent bargaining unit employee eligible for overtime shall, If recalled to duty by Management during off - duty hours, receive a minimum of three (3) hours plus one (1) hour travel time, paid at the overtime rate. The parties agree that call-back hours shall not be used In the computation of average earnings for purposes of establishing pension benefits. It is not the Intent of this Agreement to provide pay for an employee out on III time or worker's compensation to receive call back pay for taking the required physical before said employee may be released to return to work. ARTICLE 23 VACATION SCHEDULING/CARRYOVER Section 1. Vacation Scheduli.ng - The Department Director shall establish a vacation schedule based on a calendar year and shall post It by November 1 of the preceding year. The schedule shall establish the number of personnel, by classification, who • may take vacation leave at any one time. By November 30th of the year preceding the vacation year, each employee will select a vacation period In accordance with the Department Vacation Selection Procedure. Said Vacation Selection Procedure will be developed by Management (in consultation with the Sanitation Employees Association) and will Include but not be limited to the following elements: -27- A. Vacation selection by seniority in classification. 13. Assignment of an employee number to all employees within each classification with the number one (1) being the senior person In each classification. C. Provide time frames during working hours in which employees will be directed to select their vacation. By December 31, each employee shall be granted a vacation period subject to the provisions of this Article. Vacation time periods shall be granted on the basis of the employee's classification seniority. Employees shall not be permitted to exchange seniority rights In the selection of vacation periods. However, subsequent to January 1st of the vacation year, employees may exchange vacation periods within their classification subject to the Department Director's approval. Such approval shall not be unreasonably withheld. Where an employee does not submit a vacation preference as required above. the Department Director will assign a mandatory vacation period equal to the employee's current accrual rate not withstanding any carryover time up to 100 hours. During the vacation year, employees may use additional vacation leave at the discretion of the Department Director. Section 2. Vacations shall be taken within thirteen (13) months of the end of the calendar year in which the vacation was earned. Effective. January 1, 1985, 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 placed on full disability. If an employee is unable to take a previously authorized vacation due to cancellation by his Department, any hours In excess of the 100 hours which would have been forfeited shall be paid for at the employee's current rate of pay or shall have the option of rescheduling the previously cancelled vacation within the -28- Of 01 vacation year the vacation was cancelled. If the cancelled vacation is not requested to be rescheduled, the vacation time shall be paid off as outlined above. Section 3. Permanent classified civil service employees after completion of eleven (11) years of service shall be allowed one-half working days of vacation annually or four (4) hours for Rubbish personnel and five (5) hours for Garbage personnel. ARTICLE 24 SHIFT DIFFERENTIAL Section 1. A night shift differential of $.50 per hour will be paid to bargaining unit employees who work a regular established shift between the hours of 6:00 p.m. and 8:00 a.m. However, more than one-half of the hours of the regular established shift must be within the hours of 6:00 p.m. and 8:00 a.m. Section 2. Consistent with Section 1, night shift differential wlII only be paid for hours actually worked during the regular shift and will not be paid for any overtime hours and will not be used to calculate any overtime pay rate. Section 3. Night shift differential shall not be used in calculating average earnings for pension purposes. ARTICLE 25 SAFETY SHOES AND PERSONAL EQUIPMENT Section 1. Bargaining unit employees In those classifications determined by Management to require the wearing of safety shoes will be provided up to $51.00 for the purchase of an initial pair of safety shoes. Section 2. When, due to wear and tear or accidental destruction, a replacement pair of shoes Is required, the City will grant up to an additional $51.00 for the purchase of another pair of safety shoes. This additional $51.00 shall only oe provided when the worn out or damaged pair is turned in to the Department. The Department Director, or his designee, shall provide the replacement of safety shoes on the basis of need and not on an automatic basis. -2s- 3 Is Section 3. Employees In those classifications required to wear safety shoes and/or protective eye glasses, shall be subject to the loss of a day's pay for each day that the employee fails to report for work wearing the required safety shoes and/or protective eye glasses. Action against the employee under this section shall not be grlevable under ARTICLE 8 - GRIEVANCE PROCEDURE. Should the employee losing a day's pay wish the Department Director to review the loss of pay, he may request same of the Department Director. Section 4. City furnished equipment which Is authorized and requested will be replaced when worn out or damaged only If the employee return's the worn out or damaged equipment to the Department. This Includes tote barrels, gloves, boots, foul weather gear and protective eye glasses. Section 5. The City agrees to annually provide each employee, except employees In the classification of Standby Labor, with four (4) shirts, four (4) pants. one (1) cold weather jacket, said jacket to be replaced as needed, and upon the employee's request up to four (4) hats, if regularly assigned to a 4-10 schedule and five (5) of each, If regularly assigned to a 5-8 schedule. Annual requests for uniforms must be made to the Foreman by the employee during the month of January or the employee shall be Issued the same type of uniform received In the preceding year. Each uniform draw shall be recorded by the Foreman and signed for by the employee. Employees who are absent or who are not working full time In their classification shall not be eligible for a uniform draw until they return to their regular full-time assignment. Upon their return to full-time City employment, they will be Issued uniforms within 45 days. Section 6. Employees Issued uniforms shall be required to wear the approved uniform as a continuing condition of employment. Uniforms and safety shoes furnished by the City will not be worn on a day when the employee Is off duty. Section 7. A bargaining unit employee shall reimburse the City for the repair oe replacement cost of lost. stolen. or damaged City equipment when the employee's Carelessness and/or -50- 34t negligence resulted In the loss, theft, or damage. Such City equipment shall Include but not be limited to keg coolers, tote barrels, rakes, shovels, pitch forks, chain saws and axes. ARTICLE 26 LINE OF DUTY INJURIES Section 1. The City agrees to pay those medical and hospital expenses as required by Worker's Compensation Laws of the State of Florida Incurred by an employee covered by this Agreement who is found to have sustained a compensable line -of - duty Injury as provided for by the Worker's Compensation Laws of the State of Florida. Section 2. The City agrees that any employee covered under this Agreement who Is disabled as a result of an accident, Injury or Illness Incurred In line of duty shall be granted supplementary salary of which a part thereof Is Worker's Compensation as provided by Resolution No. 39802, provided, however, no supplementary salary will be paid to anyone Injured while performing an act Intended to Injure or hurt oneself or another. Section 3. In the event an employee desires a representative of the Association to be present to discuss a controversy with representatives of the Risk Management Office, the Association representative shall be allowed the time off In accordance with ARTICLE 10 - SECTION 2. Section 4. When an employee on disability leave is judged by a City designated physician to have reached maximum medical Improvement, then that employee shall have his seniority and anniversary dates advanced one day for each day he Is In a disability leave status. Nor shall such employee accrue sick leave, vacation, holiday benefits, or be eligible for receipt of any pay Increases until he has returned to his regular assignment. Section S. Nothing In this Agreement shall be construed as a waiver of the Clty's rights under applicable State law. - 31- 97-926„ ARTICLE 21 WORKING OUT OF CLASSIFICATION Section 1. The Department Director, or his designee may direct an employee to serve In a classification which is above the classification to which the employee is permanently assigned. Higher classification assignments shall be made from a pool of qualified employees, whenever possible. Employees will be considered qualified to work In a higher classification when they have been certified by the Department Director as having satisfactorily completed the training program referred to In Section 2 of this Article. Section 2. To be considered as qualified to work an acting assignment In a particular bargaining unit classification. an employee must have successfully completed the Department's basic training course and on -the -Job training in the particular classification for a period of time as set forth below: Waste Collector Operator I - 30 work days Waste Collector Operator 11 (Garbage) - 30 work days Waste Collector Operator 11 (Sweeper) - 30 work days Waste Equipment Operator - 90 work days The Department Training Program shall be consistent with the provisions of any Consent Decree which Is In effect. Section 3. Those qualified employees who have been temporarily assigned to a higher classification for a period of more than thirty (30) work days tn any fiscal year. shall be paid an Increase of five (5%) percent above their normal base pay for all hours worked in the higher class beyond the 30th day. ARTICLE 28 GROUP INSURANCE Section 1. As of February 1, 1985, all current. future. and retired unit employees shall be eligible to participate in the Association's Group Health Insurance, Life and Accidental Death and Dismemberment Plan, but shall forfeit the right to participate In the City's Plan. Employees who drop out of the Sanitation Employees Association's Group Health Insurance. LI'fe -32- •and Accidental Death and Dismemberment Plan shall forfeit their right to said coverage. Should said employee wish to rejoin the SEA Health Trust, he/she may petition the SEA Health Trust Board of Trustees to rejoin. Section 2. The Association's Plan shall provide life and accidental death/dismemberment coverage equal to that which Is provided by the City's group plan. The City agrees to pay $10.00 per pay period toward the cost of this coverage for active classified service bargaining unit employees participating In the Association's group medical plan. This contribution rate shall be effective as of the first full pay period following the date this Agreement Is ratified by the parties. Section 3. The Association's Plan shall provide health Insurance benefits that are reasonably comparable to those provided by the City's plan. The first full pay period following ratification of the agreement, the City will contribute $52.00 per pay period toward the cost of employee health coverage and $57.00 per pay period toward the cost of dependent coverage where the employee elects such coverage. The City's contribution shall increase to 553.00 for employee coverage and $60.00 for dependent coverage concurrent with the FY'88-89 wage Increase provided In Article 21, Wages. Section 4. Contributions by the City and Association Plan participants shall be remitted by the City during the week following each bl-weekly pay period In a manner that shall be defined by the City Finance Director. Remittance of said contributions shall be conditioned upon the following: 1) The Association shall provide the City with a copy of the banking agreement (and subsequent modifications) it establishes with the Institution that shall serve as a depository for Association Plan Funds. 2) The Association Insurance plan shall be administered In a manner that fully conforms with the terms of this Article and applicable law. Section 5. Failure of the Association Plan to meet these obligations shall result In rescission of this Article and -33- enrollment of the Plan's participants In an Insurance plan authoriZed by the City. Section 6. The Association shall Indemnify and hold the City harmless against any claim, demand, suit, or liability and for all legal costs arlsing in relation to the Implementation or administration of the Association's Plan. Section 7. The Association agrees to enroll Department supervisors In its Plan If those Individuals elect to participate In that Plan. Section S. Upon request, the Association and Its Insurance Plan Administrator shall permit the City to review any records related to the Association's insurance plan. Upon request, the City shall permit an Association representative reasonable access to review public records which are related to the administration of the Association's insurance plan. ARTICLE 29 HOLIDAYS Section 1. The following days shall be considered holidays: New Year's Day Columbus Day Washington's Birthday Veterans' Day Memorial Day Thanksgiving Day independence Day Friday after Thanksgiving Labor Day Christmas Day Dr. Martin Luther King, Jr.'s Birthday Section 2. Any additional holidays declared by official resolution of the City Commission shall be added to the above list. Section 3. All full time employees not on the Incentive Plan, performing work on any of the above holidays, shall at their discretion be paid time and one-half at their straight time hourly rate of pay, or shall be given compensatory time at the rate of time and one-half for the hours actually worked on the holiday: provided that an employee shall be paid straight time for hours assigned to the Time Pool. -34- Section 4. In order to be ellglble for holiday pay, the employee must be in pay status the full working day preceding and the full working day following the subject holiday. Section S. The garbage Incentive personnel working on the Garbage Collection routes during the holiday period, will be provided overtime compensation where eligible. Those eligible employees will receive the equivalent of one day's pay, plus ten (10) hours of holiday pay, for a total of twenty (20) hours compensation. It is recognized that by working the holidays, the City will Increase the cost of operating the Garbage Collection System within the Department and that the Administration will be balancing the collection routes, reviewing the utilization of manpower and the organizational delivery of the sanitation services to the citizens of Miami. The employees of the Department recognize that this is a necessity If we are to deliver sanitation services to the citizens of the City of Miami consistent with funds available to the Department. Section S. All conditions and qualifications outlined In ARTICLE 22 - OVERTIME/COMPENSATORY TIME/CALL-IN shall apply to this Article. Hours of earned time accumulated under this Article, when added to the compensatory time earned under ARTICLE 22 - OVERTIME/COMPENSATORY TIME/CALL-IN shall not exceed two hundred (200) hours. Section 7. Employees assigned to the Rubbish Division shall work on all holidays where employees assigned to the Garbage Division are working. Section 8. Or. Martin Luther King, Jr's. Birthday shall be observed as a non -working holiday by classified service bargaining unit employees. _ ARTICLE 30 FLOATING HOLIDAY TIME t Section i. it Is agreed by the parties that eligible i members of the bargaining unit who have successfully completed ninety (90) working days •shaII be entitled to certain hours of i -35- 39 46 1 floating holiday time off each calendar year. Those employees working on a four (4) day per week, ten (10) hour day, or six (6) day per week, ten (10) hour day during the last full pay period of the preceding calendar year. will be entitled to fifteen (15) hours of floating holiday time. All other eligible bargaining unit employees will be entitled to twelve (12) hours of floating holiday time. Section 2. The floating holiday hours shalt be mutually agreed upon by the employee and his Immediate supervisor outside of the bargaining unit consistent with the needs of the Department. The floating holiday hours off shall not be accrued; they must be used by the employee during the calendaryear 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 employment with the City. There shall be no liability to pay any overtime under this Article. Section 3. Employees shall be allowed to use Floating Holiday Time for a personal day or birthday consistent with the provisions of this Article. ARTICLE 31 SICK LEAVE Section 1. The parties agree that care and discretion shall be exercised by Management and the Association In order to prevent the abuse of sick leave privileges. Absences on account of trivial Indispositions must be discouraged. To determine the extent or reasons for an employee's absence on sick leave, the employee's Immediate supervisor outside the bargaining unit at his/her discretion may visit the home of the employee on sick leave with pay. In cases where Management suspects that an employee Is malingering, sick leave with pay shall not be granted. Section 2. Permanent bargaining unit employees may be allowed to accrue up to eight (8) hour's per month [ten (10) hours per month for Incentive Plan employees] provided that the -36- employee Is In pay status at least fifteen (15) working days per month. Charge for use shall be based on the employee's work day, I.e. 8 hours or 10 hours. Section 3. Employees In probationary status will accrue sick leave in accordance with Section 2. However, no sick leave with pay shall be granted during the employee's first ninety (90) working days. Section 4. In order to receive sick leave with pay, an employee must notify his/her Immediate supervisor or the person designated by the Department to receive such notice of illness within thirty (30) minutes after the time scheduled for the beginning of the employee's daily duties. Section 5. Any employee absent on sick leave for more than three (3) consecutive work days must check with the City Physician for approval before returning to work. Section S. Any employees covered by this Agreement who retired after December 31, 1982, shall be paid for all unused sick leave up to a maximum of six hundred (600) hours provided, however, any employee who as of December 31, 1982, had accumulated sick leave In excess of six hundred (600) hours, shall upon retirement be paid for all accumulated sick leave up to a maximum of nine hundred sixty (960) hours. It Is the Intent of this provision that no employee will be paid for sick leave in excess of six hundred (600) hours except to the extent that such excess existed on December 31, 1982. Section 7. Pay off for accumulated sick leave shall not be used to calculate average earnings for Pension purposes. Section S. After an employee has accumulated four hundred eighty (480) hours of sick leave [six hundred (600) for incentive Plan employees], further accumulation shall be credited to an employee's vacation at the rate of eight (8) hours of vacation for every sixteen (16) hours of sick leave earned [ten (10) hours of vacation for every twenty (20) hours of sick leave for Incentive Plan employees] In accordance with Section 2 of this Article. t pp �J Section 9. All full time bargaining unit employees hired on or after October 1, 1984 sha I I accrue sick leave at the rate of 80 hours per year. Upon normal retirement, any employee hired on or after October 1, 1984, shall be paid for all accumulated sick leave In excess of four hundred (400) hours not to exceed total accumulated sick leave of one thousand (1,000) hours. Sick leave shall be cashed out at the following rates: More than 7, but less than 10 years of service 25% More than 10, but less than 15 years of service 50% More than 15, but less than 20 years of service 75% More than 20 years of service 1004E ARTICLE 32 ILLNESS IN FAMILY Section 1. All employees covered by this Agreement may be allowed to use up to forty (40) hours of accrued sick leave In any one calendar year when needed due to serious injury or acute Illness of any actual dependent member of the employee's household. Section 2. Said dependent member of the employee's i ! household shall be limited to the employee's immediate family and such member must maintain the employee's household as his/her i actual residence. The Immediate family shall be defined as father, mother, sister, brother, husband, wife, children, father- in-law, mother-in-law, grandparents, spouse's grandparents, stepfather and/or stepmother. Section 3. Upon request of the Office of Labor Relations, the employee will provide sufficient proof showing that the III or injured person is an actual dependent member of the employee's household. I 9 -38- s: ARTICLE 33 DEATH IN FAMILY Section 1. Any employee covered by this Agreement may, In the case of death In the Immediate family, be authorized up to a maximum of forty (40) hours of paid leave to arrange and/or attend the funeral of a member of the employee's immediate family or to attend to the personal affairs of the deceased. Said paid leave days shall be taken consecutively by the employee. The Immediate family is defined as father, mother, sister, brother, husband, wife, children, father -In-law, mother-in-law, grandparents, spouse's grandparents, stepfather and/or stepmother If they have raised the employee from Infancy regardless of place of residence, and may Include any other person who was an actual member of the employee's household for ten (10) or more years. Within thirty (30) calendar days from the date the employee returns from a death In the family, the employee will file a copy of the death certificate of the deceased family member. Said death certificate will be attached to the form provided by the City and submitted to the Personnel Management Department. Failure to produce the death certificate will result In the employee reimbursing the City for any days taken under this Article. Any employee found to have falsified his application for a "K" day will result In his or her dismissal. Section 2. It is understood that under certain circumstances the employee will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the employee shall submit a newspaper account showing the death and relationship of the deceased to the employee and/or other appropriate criteria, e.g. funeral home program, as deemed appropriate by the Office of Labor Relations. ARTICLE 34 BLOOD DONORS Section 1. Employees who volunteer as blood donors to contribute to a City supported Blood Donor Organization will be authorized the paid absence necessary to accomplish this purpose. -39- I I . The Blood Donor organization's personnel will determine what amount of time the donor will need from the point of donation till the time he Is released to go back to work. ARTICLE 35 JURY DUTY Section 1. Employees shall be carried on leave of absence with pay for actual working time lost when called to serve on Jury duty. Such employees shall be paid at their regular hourly rate for all working time lost up to the number of hours they are regularly scheduled to work each week. Employees who complete Jury duty shall report back to work during their regular work schedule or shall forfeit the Jury duty pay for the day or days In question. Section 2. In consideration of receiving their regular pay, employees called to serve on Jury Duty shall promptly notify their supervisor of the call to Jury Duty. The supervisor shall make a copy of the summons to Jury Duty and promptly forward the copy to the Finance Department designated person. The employee shall promptly assign to the City the Witness Fee received for Jury Duty during the same period and the Finance Department will remit to the employee that portion of the fee which Is a mileage a 1 I owance . Refusal to rem i t the Jury Duty fee by the employee shall require the City to deduct from the employee's check any and all payment for hours paid by the City during the employee's absence for Jury Duty. ARTICLE 36 MATERNITY When a City designated physician, In consultation with the employee's physician, determines that a female employee Is temporarily incapacitated for duty because of conditions arising directly out of her pregnancy, the employee may request that: 1) She be allowed to use accrued vacation, earned time, sick leave, and, thereafter, be granted a leave of absence without pay not to exceed thirty (30) working days; or 2) She be assigned to perform such other work for which she Is qualified and which, In the Department Director's Judgment, makes a tangible contribution to the mission of the Department. The Director shall make a good faith effort to accommodate such requests. ARTICLE 37 WORK INCENTIVE PLAN Section 1. It is agreed between the parties that bargaining unit personnel assigned to the Garbage and Rubbish Collection shall be placed on an Incentive basis whereby once the assigned route has been certified by the Department Director, or his designee, as being completed, the applicable personnel may be relieved from their tour of duty for the day when the completion of the route has been satisfactorily accomplished prior to the normal assigned work day being terminated. Section 2. If an assigned route has not been satisfactorily accomplished prior to the and of the normal assigned work day because of the employees' negligence in leaving the route prior to the end of the normal tour of duty, the employees will complete the route on the following day. Should the preceding day's route not be completed on the second day and/or the second day's route not be completed, the employees' pay shall be reduced by the number of hours between the last time shown on the employees' Daily Work Sheets and the end of the normal tour of duty for both the preceding day and that day. If at the.end of the second day the route Is still Incomplete, the employees will report this to their supervisor and the supervisor may assign the employees to report at the regular starting time on the next day to complete the route. Further, no overtime shall be paid for completion of the unfinished route(s). Section 3. Should the Department Director determine the Work Incentive Plan In Its entirety or In part Is detrimental to the eff•Icient operation of the Department, he may discontinue all or that portloi of the Work Incentive Plan deemed to be Inefficient after reviewing his reasons with the ASsoClation. Should there be a disagreement as to the discontinuance of the Work Incentive Plan, the Association may grieve according to the provisions of ARTICLE 8 - GRIEVANCE PROCEDURE. Discontinuance of the Work Incentive Plan may not occur unless the parties agree or the Impartial Arbitrator so rules. It Is anticipated the Department Director will review the efficiency of the Work Incentive Plan once each Fiscal Year. Section 4. The Management of the Solid Waste Department shall designate and have the right to change the starting times of all work assignments. The following starting times will apply hence forth. Should Management desire to change said starting times, they will notify the Sanitation Employees Association fourteen (14) calendar days prior to the change of shift time. Garbage Roll Call 6:15 a.m. Trash Roll Call 7:00 a.m. Street Cleaning Division 10:00 p.m. - White Wings 6:15 a.m. Sanitation Inspection Shift A 7:00 a.m. Sanitation Inspection Shift B 9:00 a.m. (Temporary shift pending new quarters) Sanitation Inspection Shifts A and 8 - Tuesdays 8:00 a.m. Specifically, excluded from the fourteen (14) day calendar notice period are temporary changes of hours or days _. off necessitated by special events, civil disturbances, acts of God and other emergency conditions. Should the Sanitation Employees Association disagree with the change of shift time, they may express their concerns to the Department Director. If the disagreement over the schedule change isn't resolved, the dispute may be appealed to the City Manager whose decision will be final and binding upon the parties. The City Manager's decision will not be subject to the grievance procedures contained herein or any other administrative review. -42 - 4/4 L ARTICLE 38 WORK INCENTIVE PLAN IN RUBBISH DIVISION Section 1. It Is agreed by the parties that the Issue of operating the Rubbish Division under the Work Incentive Plan will be addressed by the Personnel Practice Committee as provided In ARTICLE 12 of this Agreement. The Committee shall provide the Department Director and the City Manager with a written report of their findings. The City Manager shall consider these findings and other relevant Information that is provided and make a determination as to the appropriateness of implementing a Work Incentive Plan In the Rubbish Division. The City Manager's decision shall be final and not appealable under this Agreement. ARTICLE 39 PREVAILING BENEFITS Section 1. Job benefits heretofore authorized by the City Manager continuously enjoyed by all employees covered by this Agreement as of September 30, 1973, and not specifically provided for or abridged by this Agreement, shall continue upon the conditions by which they had been previously granted. Section 2. Provided, however, nothing -in this Agreement shall obligate the City to continue practices or methods which are unsafe, obsolete, Inefficient or uneconomical. Section 3. If the City desires to change such Job benefits, the matter shall be negotiated between the City and the Association. If the parties deadlock In the negotiations, the question(s) being negotiated shall be submitted to binding arbitration. ARTICLE 40 TOTAL AGREEMENT Section I. 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 -43- 97-9264, 41 unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth In this Agreement. Therefore, the City and the Association for the duration of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to. or covered, in this Agreement, or with respect to any subject or matter not specifically referred to, or covered, In this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Section 3. Such Agreement precludes the initiation by the Association of any municipal legislation which would result In the alteration or cost Increase of the benefits agreed to In this Collective Bargaining Agreement or to Increase the cost of other employee benefits not specifically provided for In this Collective Bargaining Agreement. ARTICLE 41 PROVISIONV IN CONFLICT WITH LAW Section 1. If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word of this Agreement, is In conflict with any existing State or Federal law, or future State or Federal law; or with any existing City ordinance; or with any Interpretation of this Agreement made by a court of competent Jurisdiction, that portion of this Agreement in conflict with said law or ordinance or resolution, or court interpretation of law, shall be null and void; but the remainder of the Agreement shalt remain in full force and effect with it being presumed that the Intent of the parties herein was to enter Into the Agreement without such invalid portion or portions. -44- ARTICLE 42 TERM OF AGREEMENT Section 1. After a majority vote of those bargaining unit employees voting on the question of ratification and thereafter upon Its ratification by an official resolution of the City Commission ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the City, then the Agreement, upon being signed by the appropriate Association representatives and the City Manager, shall become effective October 1, 1987. The Agreement shall continue In force through September 30, 1989. Section 2. On or before April 1, 1989. the Association shall notify the City In writing of its intention to renegotiate the Agreement in force, and attached thereto shall Include a list of proposals which shall Inform the City of the Items which they' desire to negotiate. Section 3. On or before May 1, 1989, the City shall present the Association with a IIst of proposals It desires to negotiate, together with specific language describing Its proposals. Section 4. Initial discussions shall thereafter, and no later than June 1, 1989, be entered into by the City and the Association. -45 AGREED to this day of P 1987, by and between the respective parties through an authorized representative or representatives, of the Association and by the City Manager. ATTEST: SANITATION EMPLOYEES ASSOCIATION, INC. President ATTEST: ON THE PART OF THE CITY OF MIAMI. MIAMI, FLORIDA CITY CLERK City Manager APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY 0 -46- ADDENDUM NO. _1-(7 Pages) MEMORANDUM OF UNDERSTANDING SUESTANCE/ALCOHOL - PERSONNEL SCREENING Section 1. In an effort to Identify and eliminate on or off duty controlled substance/alcohol abuse, urinalysis tests shall be administered as provided herein: 1) As a part of a scheduled physical examination program. 2) Following any vehicular accident occurring on -duty, on an off -duty job or travelling to or from same Involv►ng employee(s) where a management representative above the classification of Sanitation Supervisor has a reasonable belief based upon objective factors that the Involved employee(s) may be under the Influence of alcohol or may have been using, possessing, dispensing or selling controlled substance, unlawful, mind - altering or non -physician prescribed drugs. 3) Where a management representative above the classification of Sanitation Supervisor has a reasonable belief based upon objective factors that the employee(s) has possession or Is using, dispensing or selling any illegal drug or controlled substance not prescribed by a licensed physician. 4) Where a management representative above the classification of Sanitation Supervisor has a reasonable belief that the employee Is under the Influence of alcohol on -duty. 5) All positive tests for a controlled substance will be confirmed by Gas Chromatography./Mass Spectrometry (G.C.M.S.) or better testing. When a sample Is taken under any of the above circumstances, a portion shall be retained for a second test within 24 hours should either management or the employee request same. Testing procedures shall be• under a reliable state licensed clinic laboratory. -47- ( Page 1 of Addendum No. 1 ) /. cur / r 6) Employees shall give a urine sample at either a hospital or State accredited testing lab as chosen by the City. 7) Employees shall be notified of a positive result. Should the employee or the city wish a second test It shall be performed within 24 hours of the positive notification. Notice to the employee of the first test being positive shall be considered to have been served upon the employee by a representative of the Department orally advising the employee or delivering a notice to the employee's last known residence as shown on the Department's personnel roster. In the event an employee declines to offer a second sample, the reserved portion of the first sample will be utilized. 8) If an employee is order back to duty for testing, the provisions of Article 22 Overtime/Compensatory Time/Call-In will apply. Section 2. Where a bargaining unit member alleges that an order made under this section Is not consistent with the criteria cited herein, he shall comply with the order, and may simultaneously file a protest with the communicator of the order. . Section 3. Disputes arising out of such protests shall be arbitrable under the Expedited Arbitration Rules of the American Arbitration Association. Section 4. The employee(s) shall not be dlsClplined until a positive test result Is communicated to the City. However, If the employee's conduct In connection with the substance/alcohol abuse amounts, to conduct for which the City may otherwise discipline the employee, the City may take action prior to knowing of a positive test result. Section 5. The S.E.A. will be advised of passed or failed tests to the extent that the releasing of such data is Inconsistent with Federal or State laws regarding the privacy of said test or If the Individual Involved does not want his test results released to the S.E.A. -48- (Page 2 of Addendum No. 1) REHABILITATION Section 6. In the event that the results of the urinalysis/blood test are positive, the following criteria will apply: 1) The employee at his/her own cost will enter and remain In a substance/alcohol program approved by the City and the Union until the approved program administrator Is able to state that (s)he has been successfully rehabilitated; while In the program, the employee will be allowed to return to work If the program administrator approves; If not, the employee may be suspended until the program administrator approves return to work. Such suspension shall not exceed six months. If the employee Is not rehabilitated, he or she will be dismissed. If the employee is rehabilitated, as determined by the program administrator, the employee shall be allowed to return to work. 2) The City may also retain the employee on payroll. If suspended, the employee, if eligible, can use all of his/her earned time, vacation tlme,.and sick time, and then (s)he will go off the payroll. 3) If the employee falls to complete the program, or fails to or cannot be rehabilitated, (s)he may be terminated from his/her employment with the City. The testing laboratory shall be licensed by the State of Florida as a clinical laboratory specializing in the analysis of body fluids for drugs and alcohol. Said laboratory must have a licensed clinical laboratory director currently licensed by the State of Florida. Further, technical staff must be licensed by the State and said personnel shall Include a licensed supervisor. The State of Florida Health and Rehabilitative Services Inspects such toxicology labs and the lab utilized must have a track record of having passed and continue to pass the Health -49- (Page 3 of Addendum No. 1) 53 and Rehabilitative Services Inspections as required by the State of Florida. Participation In the College of American Pathologists Proficiency Testing Program would be a desirable qualification of the testing laboratory. Said lab licensed directors should have experience In spectroscopy toxicology and drug analysis. Such experience should be supplemented by formal education and appropriate lab work for a minimum of 10 years. INITIAL TESTS - URINE The Initial testing shall use an immunoassay method which meets the requirements of the Food and Drug Administration for commercial distribution. The following cutoff concentrations shall be applicable to determine whether specimens are negative or positive for the following drugs or classes of drugs utilizing the Initial test procedure: ■ Initial Test Level (ng/mi) Total Cannabinoid Metabolites 40 Total Cocaine Metabolites** 50 Opiates 1000 Phencyclidine 25 Barbiturates 300 Benzodiazepines 300 Amphetamines 1000 Methaqualone 750 CONFIRMATORY TEST - URINE All specimens Identified as positive by the Initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques. GC/MS confirmation procedures at the following cutoff concentration shall be used for the following drug: Confirmatory Test Level (ng/ml) Marijuana Metabolite* 20 - *Delta-9-tetrahydrocannabinol-9-carboxylic acid **Benzoylecgonine, ecgonlne methyl ester. and/or ecgonine -5©- ( Page 4 of Addend;xn No. 1 ) q For all other drugs listed below, the confirmatory test* shall detect the confirmed presence of the substance. the laboratory must be prepared to provide evidence from Its quality control program to prove Its capability of detecting such substances. Cocaine or cocaine metabolites Opiates Phencyclidine Barbiturates Benzodlazepines Amphetamines Methaqualone These concentrations are subject to revision with changes in convention or technology. The laboratory must be able to document Its performance at the cutoff level by the use of quality control, both open and blind. Proper chain of custody controls shall always be enforced during confirmation testing. Authorized confirmation technicians shall sign the chain of custody form and be responsible for each urine specimen to be tested. The laboratory shall Include sufficient safeguards to ensure that unauthorized personnel are prevented from gaining access to the confirmation laboratory. -5i- (Page 5 of Addendum No. 1) P MEMORANDUM OF UNDERSTANDING EXPEDITED ARBITRATION It is anticipated as soon as possible after ratification of the Labor Agreement between the City of Miami and the Sanitation Employees Association, the Executive Director of the Association and the City Labor Relations Officer will pick two (2) area permanent Umplres to hear employee drug grievances. The two Umpires will alternate hearing only grievances where the bargaining unit member alleges a violation of Article 39. Said grievance will be limited to whether or not there was reasonable belief based on objective factors to require the grievant to take the Alcohol/Controlled Substance test. The cost of the UmpIre's decision will be borne by the employer if the Umpire rules there was not reasonable belief to require the employee to take the test. If the Umpire rules there was reasonable belief to require the employee to take the test, the Association will pay the cost of the Umpire If the Association processed the grievance. If the grievant processed the grievance on his/her behalf, he/she will pay the cost of the Umpire. It Is anticipated that an expedited hearing would be held before the Umpire under the American Arbitration Association rules of expedited arbitration and no post hearing briefs would be filed. The drug grievance will be submitted directly to arbitration and will be heard no later than three (3) calendar days after the employee was required to take the Alcohol/Controlled Substance test. The Umpire will rule at the close of the hearing and an oral response from the Umpire will be sufficient to settle the grievance. The two Umpires shall serve from year to year and shall be appointed by a letter Jointly signed by the Association Executive Director and the Labor Relations Officer. Should either the City or the Association wish to drop an Umpire, the Umpire shall be notified and the parties shall agree on a replacement. If they are unable to agree. each party will put z a 3 -52- (Page 6 of Addendum No. 1) 0""'fiM two (2) names Into a hat and the name drawn will be the replacement for one (1) year. The Alcohol/Controlled Substance test will be held confidential by the laboratory until the Umpire rules. If the employee grieves the test, said grievance must be In writing and submitted to the Labor Relations Officer on the same day as the test or no later than the next regularly scheduled work day of the Labor Relations Officer. If the test is positive for alcohol or a controlled substance, the process will continue as outlined In Article 39 and the Memorandum of Understanding. If the Umpire rules there was no reasonable belief to test the employee, the test sample will be thrown out and no results will be released. CITY OF MIAM1. FLORIDA SANITATION EMPLOYEES ASSOCIATION APPENDIX A CLASS CODE NUMBER CLASS TITLE 7030 Sanitation Inspector 1 3446 Sanitation Plant Mechanic Helper 3006 Standby Labor 3017 Waste Collector 3108 Waste Collector Operator I 3109 Waste Collector Operator 11 3110 Waste Equipment Operator SALARY RANGE NUMBER 20D 180 (See Appendices) 190 2O0 210 22D CLASS CODE NLUBER 7032 3022 7031 3026 3025 APPENDIX B CLASS TITLE Chief Sanitation Inspector Sanitation Supervisor Sanitation Inspector II Waste Collection Superintendent Assistant Waste Collection Superintendent All other temporary and casual employees, and managerial and confidential employees, as contained in the Public Employees Relations Commission Order No. 77E-437, dated September 23, 1977. u -55- 5 �E. Sanitation Plant Mechanic Helper Waste Collector Sanitation Inspector I Waste Collector Operator I Waste Collector Operator II Waste Equipment Operator Standby Labor APPENDIX C EFFEC71VE OCTOBER 11, 1987 Position Salary 1st 2nd Number Range 1 2 3 4 5 MAX Long. Long• 3445 18D 17,388 18,179 19,011 19,843 20,696 21,652 22,734 23,753 3017 19D 18,179 19,011 19,843 20,696 21,652 22,734 23,753 24,856 7030 20D 19,011 19,843 20,696 21,652 22,734 23,753 24,856 26,000 3108 20D 19,011 19,843 20,696 21,652 22,734 23,753 24,856 26,000 3109 21D 19,843 20,696 21,652 22,734 23,753 24,856 26,000 27,206'' 3110 22D 20,696 21,652 22,734 23,753 24,856 26,000 27,206 28,433 3006 99D $7.30 per hour APPENDIX D EFFECTIVE OCTOBER 9, 1988 ist 2nd Position Salary 2 3 4 5 MAX Long. Long. Number Range 1 Sanitation Plant 3445 18D 18,075 18,907 19,780 20,633 21,528 22,526 23,649 24,1T Mechanic Helper Waste Collector 3017 19D 18,907 19,780 20,633 21,528 22,526 23,649 24,710 25,854 Sanitation Inspector I 7030 20D 19,780 20,633 21,528 22,526 23,649 24,710 25,854 27,040 I Waste Collector 3108 20D 19,T80 20,633 21,528 22,526 23,649 24,710 25,854 27,040 Operator I waste Collector 3109 21D 20,633 21,528 22,526 23,649 24,710 25,854 27,040 28,288 Operator II Waste Equipment Operator 3110 22D 21,528 22,526 23,649 24,710 25,854 27,040 28,288 29,577 Standby Labor 3006 99D $7.59 per hour CCT-13-6i'? TUM 16 2'3 p 02 m CITY 60P MIAMI. FLAR10A INTER -OFFICE MlMORANDUM To Honorable Mayor and Members CA*• October 6, 1987 nee of the City Calm, IsoIon •u•�ea. Resolution Ratifying Amended Labor Agreement Between City of Miami and Miami General il' c•eeccNecs:Emp i oyees/AFSCME. Local 1007 re0w Cesar H . Od 10 11 City Manager J. ItrC►Olursta. RECOM NIENOAT ION i r� it is respectfully recommended that the City Commission authorize tine City manager to enter Into a collective bargaining agreement between the City of Miami and the employee organization known as the Sanitation EQ1plOyeed Association for the period of October 1. 1987 through September 30, 1980 per the attached Resolution. ¢A KDRQUND: under Florida Statutes. Chapter 447, the City Is required to bargain collectively with the certified bargaining representatives of the Sanitation bargaining unit, the Sanitation Employees Association. Tne City and Sanitation Employees Association representatives have been meeting since May. 1987 In an effort to reach agreement acceptable to both sides. As a result. the City and the Sanitation Employees Association have agreed to a two-year agreement providing for a 0% wage Increase for FY•67-80 and a 4% wage increase for FY'00-89. Bargaining Unit members will also receive a $1,000 productivity bonus on October 30. 1987 and a second $1,000 productivity bonus In October .1986. In addition to the wage Increase. Improvements were made In the City•s contributions to the S.Z.A.•s Croup Health Insurance Plan. cc: Law Oepartment Manatie went and Budget t 8'-- 26