HomeMy WebLinkAboutR-86-0493J-86-530
RESOLUTION NO.B+�-4:;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOWN AS THE SANITATION
EMPLOYEES ASSOCIATION, FOR THE PERIOD OF
OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1987
UPON THE TERMS AND CONDITIONS SET FORTH IN
THE ATTACHED AGREEMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into a Collective Bargaining Agreement between the City
of Miami and the employee organization known as the Sanitation
Employees Association, for the period of October 1, 1985
through September 30, 1987 upon the terms and conditions set
forth in the attached Agreement.
PASSED AND ADOPTED this26th day of JUNE , 1986.
ATTEST: 4� OZ-.
XAVIER L. SUAREZ, YOR
MA TY HIRAI, CITY CLERK
PREPARED AND APP
ROBERT F. CLARK,
APPROVE
. DOU
,OVED_ BY:
CHIEF DEPUTY CITY A
`RM AND CORRECTNESS:
Y/ CITY ATTORNEY
CITY COMMISSION -
MEETING
J U N 26 1988
'4
AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
v mm
SANITATION EMPLOYEES ASSOCIATION
1985 - 1987
86 493,
TABLE OF CONTENTS
AGREEMENT* . . . . . . . . . . . . .
APPENDIX A . . . . . . . . . . . . .
APPENDIX B . . . . . . . . . . . . .
APPENDIX C . . . . . . . . . . . . .
APPENDIX D . . . . . . . . . . . . .
ABSENTEEISM & TARDINESS. . . . . . .
ATTENDANCE AT MEETINGS/EMPLOYEE
ASSOCIATION TIME POOL . . . . . .
BLOOD DONORS . . . . . . . . . . . .
BULLETIN BOARDS. . . . . . . . . . .
DEATH IN FAMILY. . . . . . . . . . .
DISCIPLINARY PROCEDURES. . . . . . .
DUES CHECKOFF. . . . . . . . . . . .
FLOATING HOLIDAY TIME. . . . . . . .
GRIEVANCE PROCEDURE. . . . . . . . .
GROUP INSURANCE . . . . . . . . . . .
HOLIDAYS. . . . . . . . . . . .
ILLNESS IN FAMILY. . . . . . . . . .
JURYDUTY* . . . . . . . . . . . . .
LAYOFF AND RECALL. . . . . . . . . .
LINE OF DUTY INJURIES. . . . . . . .
LOSS OF EMPLOYMENT . . . . . . . . .
MANAGEMENT RIGHTS. . . . . . . . . .
MATERNITY* . . . . . . . . . . .
NO DISCRIMINATION. . . . . . . . . .
NOSTRIKE . . . . . . . . . . . . . .
NOTICES .
OVERTIME/COMPENSATORY TIME/CALL-IN .
PERSONNEL PRACTICE COMMITTEE . . . .
PREAMBLE. . . . . . . . . . . .
PREVAILING BENEFITS. . . . . . . . .
PROBATIONARY PERIOD. . . . . . . . .
PROVISIONS IN CONFLICT WITH LAW. . .
RECOGNITION. . . . . • . . . . . . . .
REPRESENTATION OF THE ASSOCIATION. .
REPRESENTATION OF THE CITY . . . . .
REVIEW OF VEHICULAR ACCIDENTS. . . .
SAFETY SHOES AND PERSONAL EQUIPMENT.
SHIFT DIFFERENTIAL . . . . . . . . .
SICKLEAVE . . . . . . . . . . . . .
SPECIAL MEETINGS . . . . . . . . . .
STANDBYLABOR . . . . . . . . . . . .
SUBSTANCE/ALCOHOL -
PERSONNEL SCREENING . . . . . . .
TERM OF AGREEMENT. . . . . . . . . .
TOTAL AGREEMENT . . . . . . . . . . .
VACATION SCHEDULING/CARRYOVER. . . .
WAGES* . . . . . . . . . . . . . .
WORK INCENTIVE PLAN. . . . . . . . .
WORK INCENTIVE PLAN IN
RUBBISH DIVISION. . . . . . . . .
WORKING OUT OF CLASSIFICATION. . . .
ARTICLE PAGE
.
1
.
46
.
47
.
48
.
49
.
18
21
.
10
13
.
34
39
.
14
17
.
33
38
.
17
19
.
7
7
.
30
35
.
8
9
.
28
32
.
29
34
.
32
38
.
35
40
.
20
23
.
26
31
.
19
22
.
5
5
.
36
40
.
15
18
.
6
6
.
9
13
.
22
26
.
12
16
.
1
.
40
42
16
18
.
42
44
.
1
1
.
4
4
.
3
3
.
13
17
.
25
29
.
24
29
.
31
36
.
11
15
.
2
2
39
42
.
43
44
41
43
.
23
27
.
21
24
.
37
41
.
38
42
.
27
32
86-493.
0 0
TABLE OF CONTENTS
ARTICLE PAGE
AGREEMENT. . . . . . . . . . . . .
. . .
1
APPENDIX A . . . . . . . . . . . .
. . .
46
APPENDIX B . . . . . . . . . . . .
. . .
47
APPENDIX C . . . . . . . . . . . .
. . .
48
APPENDIX D . . . . . . . . . . . .
. .
49
ABSENTEEISM & TARDINESS. . . . . .
. .
18
21
ATTENDANCE AT MEETINGS/EMPLOYEE
ASSOCIATION TIME POOL . . . . .
. . .
10
13
BLOOD DONORS . . . . . . . . . . .
. .
34
39
BULLETIN BOARDS. . . . . . . . . .
. .
14
17
DEATH IN FAMILY . . . . . . . . . .
. . .
33
38
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
JURYDUTY* . . . . . . . . . . . .
. . .
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
18
NOSTRIKE . . . . . . . . . . . . .
. . .
6
6
NOTICES* . . . . . . . . . . . .
9
13
OVERTIME/COMPENSATORY TIME/CALL-IN
22
26
PERSONNEL PRACTICE COMMITTEE . . .
. . .
12
16
PREAMBLE
1
PREVAILING BENEFITS. . . . . . . .
. .
40
42
PROBATIONARY PERIOD.
16
18
PROVISIONS IN CONFLICT WITH LAW.
42
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
SICKLEAVE . . . . . . . . . . . .
. . .
31
36
SPECIAL MEETINGS . . . . . . . . .
. . .
11
15
STANDBYLABOR . . . . . . . . . . .
. . .
2
2
SUBSTANCE/ALCOHOL -
PERSONNEL SCREENING . . . . . .
. .
39
42
TERM OF AGREEMENT. . . . . . . . .
. .
43
44
TOTAL AGREEMENT . . . . . . . . . .
. . .
41
43
VACATION SCHEDULING/CARRYOVER. . .
. . .
23
27
WAGES.
21
24
WORK INCENTIVE PLAN.
37
41
WORK INCENTIVE PLAN IN
RUBBISH DIVISION. . . . . . . .
. .
38
42
WORKING OUT OF CLASSIFICATION. . .
. .
27
32
8f3-493.
This Agreement, entered into this day
of 1986, between the City of Miami (hereinafter
referred to as the "City") and the Sanitation Employees
Association, Inc., (hereinafter referred to as the
"Association").
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 II, 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 #355), 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.
-1- 86-493,
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 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 Civil 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 employee, the
employee may seek further review from the Superintendent
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.
-3-
SG-"493.
r
ARTICLE 4
REPRESENTATION OF THE ASSOCIATION
Section 1. The bargaining 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
straight -time hours they would otherwise have worked on their
regular work schedule. For the purpose of computing overtime,
time spent in negotiations shall not be considered as hours
worked. Shift differential shall not be paid for time spent in
negotiations.
Section 3. Non -employee 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 Director or
-4- 86. 493.
V #�
his designee shall 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.
-5- SG --493.
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 II,
of the Florida Statutes, and the Constitution of the State of
Florida, Article I, Section 6. Accordingly, the Association, its
officers, and other representatives agree that it is their
-6- 86-493.
continuing obligation and responsibility to maintain compliance
with this Article and the law, including their responsibility to
abide by the provisions of this Article and the law by remaining
at work during any interruption which may be initiated by others;
and their responsibility, in event of breach of this Article or
the law by other employees and upon the request of the City, to
encourage and direct employees violating this Article or the law
to return to work, and to disavow the strike.
Section 4. Any or all employees who violate any provisions
of the law prohibiting strikes or of this Article may be
dismissed or otherwise disciplined by the City, and any such
action by the City shall not be grievable or arbitrable under the
provisions of this Agreement. Appeal of suspensions or
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.
-7- 86:' 493,
t F
Section 3. Deductions of dues and uniform assessments, if
any, shall be remitted by the City during the week following each
biweekly pay period to a duly authorized representative as
designated in writing by the 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 Association]; (2) the termination of the
authorizing employee, or (3) the transfer, promotion, demotion of
the authorizing employee out of the bargaining unit.
Section 6. The 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.
-8- 86-493,
O
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, shall 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.
V O
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.
-10- 86"493.
Step 3.
If the grievance has not been satisfactorily resolved at
Step 2, the Association may present a written appeal to the
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) working days from receipt of the appeal.
Step 4. T
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 8. The parties to this Agreement will attempt to
mutually agree upon an independent arbitrator. If this cannot be
done, one will be selected from a panel or panels to be submitted
by the 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
-11- 86--493,
to consider or rule upon any matter which is stated in this
Agreement not to be subject to arbitration or which is not a
grievance as defined in this Agreement, or which is not
specifically covered by this Agreement; nor shall this Collective
Bargaining Agreement be construed by an arbitrator to supersede
applicable laws in existence at the time of signing this
Agreement.
Section 10. The arbitrator may not issue declaratory or
advisory opinions and shall confine himself exclusively to the
question which is presented to him, which question must be actual
and existing.
Section 11. It is contemplated that the City and the
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- 86 493-
to consider or rule upon any matter which is stated in this
Agreement not to be subject to arbitration or which is not a
grievance as defined in this Agreement, or which is not
specifically covered by this Agreement; nor shall this Collective
Bargaining Agreement be construed by an arbitrator to supersede
applicable laws in existence at the time of signing this
Agreement.
Section 10. The arbitrator may not issue declaratory or
advisory opinions and shall confine himself exclusively to the
question which is presented to him, which question must be actual
and existing.
Section 11. It is contemplated that the City and the
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- 86--493.
0`1
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 presentation
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 2,500 hours to be used in
accordance with the provisions of this Article. In
return for the 2,500 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- 86--493.
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 limit 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 daily
attendance record shall reflect:
"Employee Doe on AL" (Authorized Leave)
E. Any injury received or any accident incurred by an
employee whose time is being paid for by the Association
Time Pool, or while engaged in activities paid for by
the Association Time Pool, shall not be considered a
line -of -duty injury, nor shall such injury or accident
be considered to have been incurred in the course and
scope of his employment by the City of Miami within the
meaning of Chapter 440, Florida Statutes, as amended.
F. Upon written request to the 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 Association:
-14- 86 -'493.
1. The Association President, or a designee, will
reasonably be available through the Association
office currently located at 1400 N.W. 36th Street,
Suite 213, 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
-15- 86-493,
-.j
gas
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
-16- 86-433.
Committee and one (1) copy forwarded to the Office 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
B. Association Meetings
C. Association Elections
D. Reports on Association Committees
E. Contract Administration Information
-17- 86 -493.
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 membership or sex. Any claim of
discrimination by an employee against the City, its officials or
representatives, shall not be grievable or arbitrable under the
provisions of ARTICLE 8 - GRIEVANCE PROCEDURE but shall be
subject to the method of review prescribed by law or by rules and
regulations having the force and effect of law.
Section 2. The. 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.
I
-18- 86-'493.
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- 86--•493.
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 6. If an appeal of any discharge or other
disciplinary action, excluding oral or written reprimands, is
filed with the Civil Service Board in accordance with the Board
Rules and Regulations, such appeal shall be an election of remedy
and shall waive any right on the part of the employee or the
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 specifically cited in this Article shall apply to the
imposition of dismissals and suspensions or the resolution of
objections to them.
Section 7. Employees who have not attained permanent status
in the classified service, or who are entrance probationary
employees, may not grieve disciplinary action under the
provisions of this Agreement. Permanent classified Civil Service
employees who have been appointed to a promotional position but
who have not completed the required probationary period may be
reduced in rank at any time prior to the expiration of the
probationary period. Said demoted employee shall not be accorded
-20- 86--493.
4r'
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 -- A twelve (12) month period beginning
January-1 and ending on December 31.
-21- 86-493.
W
Section 3. Employees shall be disciplined for absences in
accordance with the following schedule:
Number of Instances
3rd instance in annual period
4th instance in annual period
5th instance in annual period
6th instance in annual period
7th instance in annual period
Discipline
Written reprimand
Written reprimand
Three (3) work day
suspension w/o pay
One work week
suspension w/o pay
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 Eighty ($80.00) Dollars per day
(not to exceed $480) and shall not be credited to the employee's
vacation leave bank.
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-
86-493,
C, .
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 most ju►sior
-23-
8F--493,
4
employee within a lower classification 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 daily 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:
January 1, 1986 - 4%
October 1, 1986 - 3%
Standby Labor shall be compensated at the rate of $7.30
per hour.
Payment of the wage increase set forth above shall be
retroactive to the first full pay period following January 1,
1986. However, the retroactive portion of the salary increase
will be paid as a bonus and shall only apply to regularly
scheduled hours at the straight time rate of pay and shall not
include overtime hours, plus items, or be included for
calculating pension. Further, to receive the retroactive
increase, an employee must be on the regular payroll at the time
of ratification of this Agreement. In addition, acting
assignments worked prior to the date this Agreement is ratified
by the parties shall be compensated at the rate of pay existing
prior to the wage increase.
-24- 86-493,
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 July 25, 1986 to all permanent active
working members of the bargaining unit. This bonus shall 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 $700.00 and will be
paid only to those employees who are on board in a full working
status at the time the payment of the bonus is made. The second
productivity bonus will be paid the first full pay period after
January 1, 1987. The second productivity bonus restrictions will
be the same as for the July 25, 1986 bonus.
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.
-25- 86 493.
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
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.
-26- 86-493.
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 bargaining unit employee eligible for
overtime shall, if recalled to duty by Management during off -duty
hours, receive a minimum of three (3) hours plus one (1) hour
travel time, paid at the overtime rate. The parties agree that
call-back hours shall not be used in the computation of average
earnings for purposes of establishing pension benefits. It is
not the intent of this Agreement to provide pay for an employee
out on ill time or worker's compensation to receive call back pay
for taking the required physical before said employee may be
released to return to work.
ARTICLE 23
VACATION SCHEDULING/CARRYOVER
Section 1. Vacation Scheduling - 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:
A. Vacation selection by seniority in classification.
B. Assignment of an employee number to all employees within
each classification with the number one (1) being the
senior person in each classification.
-27- 86 493.
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 lst 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
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.
-28- SG-433.
V 0
Section 3. Permanent classified civil service employees
after completion of eleven (11) years of service shall be allowed
one-half working day 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 will only be paid for hours actually worked during
the regular shift and will not be paid for any overtime hours and
will not be used to calculate any overtime pay rate.
Section 3. Night shift differential shall not be used in
calculating average earnings for pension purposes.
ARTICLE 25
SAFETY*SHOES AND PERSONAL EQUIPMENT
Section 1. Upon passage and adoption of the budget for
Fiscal Year 1985-86, bargaining unit employees in those
classifications determined by Management to require the wearing
of safety shoes will be provided up to $44.00 for the purchase of
an initial pair of safety shoes. In Fiscal Year 1986-87, the
allowance shall provide up to $51.00.
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 $44.00 for the purchase of another
pair of safety shoes. This additional $44.00 shall only be
provided when the worn out or damaged pair is turned in to the
Department. The Department Director, or his designee, shall
determine, when, in his judgment, a pair of safety shoes shall be
issued as a replacement. Safety shoes will be issued on the
basis of need and not on an automatic basis. For Fiscal Year
1986-87, the replacement allowance shall provide up to $51.00.
-29- 86 :" 433.
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 grievable 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 returns the worn out or damaged equipment to the
Department. This includes tote barrels, gloves, boots, foul
weather gear and protective eye glasses.
Section 5. The City agrees to annually provide each
employee, except employees in the classification of Standby
Labor, with four (4) shirts, four (4) pants, 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 or replacement cost of lost, stolen, or
damaged City equipment when the employee's carelessness and/or
negligence resulted in the loss, theft, or damage. Such City
-30- 86-493,
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 5. Nothing in this Agreement shall be construed as
a waiver of the City's rights under applicable State law.
-31- 86-493.
e e
ARTICLE 27
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 II (Garbage) - 30 work days
Waste Collector Operator II (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 in 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, Life
-32- SG-r493.
13
N
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 $8.00
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. Effective in the first full pay
period following October 1, 1986, the City will contribute $48.00
per pay period toward the cost of employee health coverage and
$53.00 per pay period toward the cost of dependent coverage where
the employee elects such coverage.
Section 4. Contributions by the City and Association Plan
participants shall be remitted by the City during the week
following each bi-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
enrollment of the Plan's participants in an insurance plan
authorized by the City.
-33- BED-433.
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 $8.00
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. Effective in the first full pay
period following October 1, 1986, the City will contribute $48.00
per pay period toward the cost of employee health coverage and
$53.00 per pay period toward the cost of dependent coverage where
the employee elects such coverage.
Section 4. Contributions by the City and Association Plan
participants shall be remitted by the City during the week
following each bi-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
enrollment of the Plan's participants in an insurance plan
authorized by the City.
-33- SG-433.
Section 6. The Association shall indemnify and hold the
City harmless against any claim, demand, suit, or liability and
for all legal costs arising 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 6. 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
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.
Section 4. In order to be eligible for holiday pay, the
employee must be in pay status the full working day preceding and
the full working day following the subject holiday.
-34- 86- 493,
r fi
Section 5. The garbage incentive personnel working on the
Garbage Collection routes during the holiday period, will be
provided overtime compensation where eligible. Those eligible
employees will receive the equivalent of one day's pay, plus ten
(10) hours of holiday pay, for a total of twenty (20) hours
compensation.
It is recognized that by working the holidays, the City
will increase the cost of operating the Garbage Collection System
within the Department and that the Administration will be
balancing the collection routes, reviewing the utilization of
manpower and the organizational delivery of the sanitation
services to the citizens of Miami. The employees 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 6. 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. Dr. 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
Section 1. It is agreed by the parties that eligible
members of the bargaining unit who have successfully completed
ninety (90) working days shall be entitled to certain hours of
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
-3 5- 86 -493,
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 shall be mutually
agreed upon by the employee and his immediate supervisor outside
of the bargaining unit consistent with the needs of the
Department. The floating holiday hours off shall not be accrued;
they must be used by the employee during the calendar year or be
forfeited. The floating holiday hours off are not subject to
being converted to cash during the employee's employment or as
severance pay upon the employee terminating his 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 may
visit the home of the employee on sick leave with pay. In cases
where Management suspects that an employee is malingering, sick
leave with pay shall not be granted.
Section 2. Permanent bargaining unit employees may be
allowed to accrue up to eight (8) hours per month [ten (10) hours
per month for Incentive Plan employees] provided that the
employee is in pay status at least fifteen (15) working days per
month. Charge for use shall be based on the employee's work day,
i.e. 8 hours or 10 hours.
-36- 86-433.
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 shall be mutually
agreed upon by the employee and his immediate supervisor outside
of the bargaining unit consistent with the needs of the
Department. The floating holiday hours off shall not be accrued;
they must be used by the employee during the calendar year or be
forfeited. The floating holiday hours off are not subject to
being converted to cash during the employee's employment or as
severance pay upon the employee terminating his 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 may
visit the home of the employee on sick leave with pay. In cases
where Management suspects that an employee is malingering, sick
leave with pay shall not be granted.
Section 2. Permanent bargaining unit employees may be
allowed to accrue up to eight (8) hours per month [ten (10) hours
per month for Incentive Plan employees] provided that the
employee is in pay status at least fifteen (15) working days per
month. Charge for use shall be based on the employee's work day,
i.e. 8 hours or 10 hours.
-36- 86-493,
r
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 6. Any employees covered by this Agreement who
retired after December 31, 1982, shall be paid for all unused
sick leave up to a maximum of six hundred (600) hours provided,
however, any employee who as of December 31, 1982, had
accumulated sick leave in excess of six hundred (600) hours,
shall upon retirement be paid for all accumulated sick leave up
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 B. 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.
Section 9. All full time bargaining unit employees hired on
or after October 1, 1984 shall 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
-37- 86 -493.
r
leave in excess of four hundred (400) hours not to exceed total
accumulated sick leave of one thousand (1,000) hours. Sick leave
shall be cashed out at the following rates:
More than 7, but less than
10
years
of
service
25%
More
than
10,
but less than
15
years
of
service
50%
More
than
15,
but less than
20
years
of
service
75%
More
than
20 years of service
100%
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
household shall be limited to the employee's immediate family and
such member must maintain the employee's household as his/her
actual residence. The immediate family shall be defined as
father, mother, sister, brother, husband, wife, children, father-
in-law, mother-in-law, grandparents, spouse's grandparents,
stepfather and/or stepmother.
Section 3. Upon request of the Office of Labor Relations,
the employee will provide sufficient proof showing that the ill
or injured person is an actual dependent member of the employee's
household.
ARTICLE 33
DEATH IN FAMILY
Section 1. Any employee covered by this Agreement may, in
the case of death in the immediate family, be authorized up to a
maximum of forty (40) hours of paid leave to arrange and/or
attend the funeral of a member of the employee's immediate family
-38- 86-493,
f
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
(currently South Florida Blood Services) will be authorized the
paid absence necessary to accomplish this purpose. The Blood
Donor Organization's personnel will determine what amount of time
the donor will need from the point of donation till the time he
is released to go back to work.
-39- 86-493,
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
allowance. Refusal to remit 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
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.
-40- 86-433.
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 end 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 efficient operation of the Department, he may discontinue all
or that portion of the Work Incentive Plan deemed to be
inefficient after reviewing his reasons with the Association.
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
-41- 86 493.
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.
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
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
The City and the -Sanitation Employees Association agree the
language of the Substance/Alcohol - Personnel Screening Article
included in the International Association of Firefighters, Local
578 labor agreement will be incorporated into this Agreement upon
settlement of Local 587's labor agreement with the City.
ARTICLE 40
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.
-42- 86-493.
I
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(B) being negotiated shall be submitted to binding
arbitration.
ARTICLE 41
TOTAL AGREEMENT
Section 1. This Agreement, upon ratification, constitutes
the complete and entire Agreement between the parties► and
concludes collective bargaining for its term.
Section 2. The parties acknowledge that during the
negotiations which resulted in this Agreement, each had the
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.
-43- 86-493.
r r
ARTICLE 42
PROVISIONS IN CONFLICT WITH LAW
Section 1. If this Agreement or any provision, section,
subsection, sentence, clause, phrase, or word of this Agreement,
is in conflict with any existing State or Federal law, or future
State or Federal law; or with any existing City ordinance; or
with any interpretation of this Agreement made by a court of
competent jurisdiction, that portion of this Agreement in
conflict with said law or ordinance or resolution, or court
interpretation of law, shall be null and void; but the remainder
of the Agreement shall remain in full force and effect with it
being presumed that the intent of the parties herein was to enter
into the Agreement without such invalid portion or portions.
ARTICLE 43
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, 1985. The Agreement shall continue in force through
September 30, 1987; provided, however, in accordance with ARTICLE
21, SECTION 3 of the 1984-85 Agreement, all modifications to the
1984-85 Agreement which appear in the 1985-87 Agreement shall be
effective on October 11 1986, unless specifically stated
otherwise in the 1985-87 Agreement.
Section 2. On or before April 1, 1987, 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, 1987, the City shall present
the Association with a list of proposals it desires to negotiate,
together with specific language describing its proposals.
-44- 86.- 493.
Section 4. Initial discussions shall thereafter, and no
later than June 1, 1987, be entered into by the City and the
Association.
AGREED to this day of , 1986, 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
APPROVFS TO FORM
AND,/C09REQTNESS
CITY ATT
-45- SG-•493.
APPENDIX A
CLASS
SALARY
CODE
RANGE
NUMBER
CLASS TITLE
NUMBER
7030
Sanitation Inspector I
20S
3445
Sanitation Plant Mechanic Helper
18S
3006
Standby Labor
(See Appendices)
3017
Waste Collector
19S
3108
Waste Collector Operator I
20S
3109
Waste Collector Operator II
21S
3110
Waste Equipment Operator
22S
-46- 86- 493,
APPENDIX B
CLASS
CODE
NUMBER CLASS TITLE
7032 Chief Sanitation Inspector
3022 Sanitation Supervisor
7031 Sanitation Inspector II
3026 Waste Collection Superintendent
3025 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.
-47- 86-493.
Sanitation Plant
Mechanic Helper
Waste Collector
Sanitation Inspector I
t
0.
I Waste Collector
Operator I
Waste Collector
Operator II
Waste Equipment Operator
Standby Labor
CD
W
APPENDIX C
EFFECTIVE JANUARY 5, 1986
Position
Salary
1
2
3
4
5
MAX
1st
Long.
2nd
Long.
Number
Range
3445
18D
16,889
17,659
18,449
19,260
20,092
21,028
22,068
23,067
3017
19D
17,659
18,449
19,260
20,092
21,028
22,068
23,067
24,128
7030
20D
18,449
19,260
20,092
21,028
22,068
23,067
24,128
25,251
3108
20D
18,449
19,260
20,092
21,028
22,068
23,067
24,128
25,251
3109
21D
19,260
20,092
21,028
22,068
23,067
24,128
25,251
26,416
3110
22D
20,092
21,028
22,068
23,067
24,128
25,251
26,416
27,601
3006
99D
$7.30
per hour
I
Sanitation Plant
Mechanic Helper
Waste Collector
Sanitation Inspector I
Waste Collector
Operator I
Waste Collector
Operator II
Waste Equipment Operator
Standby Labor
.c
ra
APPENDIX D
EFFECTIVE 0CT0BER 12, 1986
lst
2nd
Position
Salary
2
3
4
5
MAX
Long.
Long.
Number
Range
1
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
TO:
FROM:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Cesar H. Odio
City Manager
DATE June 17, 1986 F"E'
SUBJECT: Resolution Ratifying Labor
Agreement Between City of
Miami and Sanitation Employees
REFERENCE!: Association
ENCLOSURES: One
It is recommended that the City Manager
enter into a collective bargaining agreement
between the City of Miami and the employee
organization known as the Sanitation
Employees Association for the period of
October 1, 1985 through September 30, 1987
per the attached Resolution.
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. The City and Sanitation
Employees Association representatives have been meeting since
May, 1985 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
4% increase in wages retroactive to January, 1986, and 3% in
October, 1986. Bargaining Unit members will also receive a $700
productivity bonus in July, 1986 and a second $700 productivity
bonus in January, 1987. In addition to the wage increase,
improvements were made in the City's contributions to the
S.E.A.'s Group Health Insurance Plan and a substance/alcohol
screening program was agreed to.
It is recommended that the City Manager be authorized to enter
into the attached collective bargaining agreement between the City
of Miami and the Sanitation Employees Association.
DRM:grw
cc: Law Department
Management & Budget
86-493.
s
SANITATION EMPLOYEES ASSOCIATION
P.O. BOX 420336 1400 N.W. 36TM STREET SUITE 203
MIAMI. FLORIOA 33142-0336 TELEPHONE (308) 638-8283
June 19, 1986
Mr. Dean Mielke
Labor Relations Office
City of Miami
P. 0. Box 33078
Miami, Florida 33233-0708
Dear Mr. Mielke:
The Sanitation Employees Association ratified it's contract between the City
of Miami and SEA on June 18, 1986. The vote was as follows: 132 in favor of,
4 against and 1 invalid vote.
We thank you for your assistance in expediting this matter so -that it will
appear on the agenda of the June 26, 1986 Catmission meeting.
Sincerely,
William R. Smith
EXECUTIVE DIRECTOR
Sanitation Employees Association
WRS:hld
cc: The Honorable Xavier Suarez, Mayor
The Honorable Miller Dawkins, Vice Mayor
The Honorable City Commission:
J. L. Plummier
Joe Carollo
Rosario Kennedy
Cesar Odio, City Manager
86-"493.