HomeMy WebLinkAboutR-83-0087J-83-72
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT BY AND BETWEEN THE CITY OF
MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN
AS THE SANITATION EMPLOYEES ASSOCIATION,
INC. FOR THE PERIOD OF OCTOBER 1, 1982
THROUGH SEPTEMBER 30, 1984 UPON ITS
RATIFICATION AND SUBJECT TO THE TERMS AND
CONDITIONS OF SUCH AGREEMENT AS SET FORTH
IN THE ATTACHED COPY THEREOF.
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 by and between
the City of Miami and the employee organization known as the
Sanitation Employees Association, Inc. for the period of
October 1, 1982 through September 30, 1984 upon its
ratification as set forth in the attached copy thereof..
PASSED AND ADOPTED this loth day of February ,
1983.
RA,LPH G. ONGIE, CITY CLER
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J SE R. GARCIA-PEDROSA
CITY ATTORNEY
L'
Maurice A. Ferre
MAURICE A. FERRE
M A Y 0 R
CITY COMMISSION
MEETING OF
FFS 10 1983
F
3
AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
SANITATION EMPLOYEES ASSOCIATION
1982 - 1984
83�-�,
TABLE OF CONTENTS
ARTICLE
PAGE
AGREEMENT
1
APPENDIX A
45
APPENDIX B
46
APPENDIX C
47
APPENDIX D
48
APPENDIX E
49
APPENDIX F
50
ABSENTEEISM & TARDINESS
18
22
ATTENDANCE AT MEETINGS/EMPLOYEE.
ASSOCIATION TIME POOL
10
13
BLOOD DONORS
34
40
BULLETIN BOARDS
14
18
DEATH IN FAMILY
33
39
DISCIPLINARY PROCEDURES
17
20
DUES CHECKOFF
7
7
FLOATING HOLIDAY TIME
30
36
GRIEVANCE PROCEDURE
8
9
GROUP INSURANCE
28
34
HOLIDAYS
29
35
ILLNESS IN FAMILY
32
38
JURY DUTY
35
40
LAYOFF AND RECALL
20
24
LINE OF DUTY INJURIES
26
32
LOSS OF EMPLOYMENT
19
24
MANAGEMENT RIGHTS
5
5
NO DISCRIMINATION
15
19
NO STRIKE
6
6
NOTICES
9
13
OVERTIME/COMPENSATORY TIME/CALL-IN
22
27
PERSONNEL PRACTICE COMMITTEE
12
17
PREAMBLE
1
PREVAILING BENEFITS
36
41
PROBATIONARY PERIOD
16
19
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PROVISIONS IN CONFLICT WITH LAW
38
42
RECOGNITION
1
1
REPRESENTATION OF THE ASSOCIATION
4
4
REPRESENTATION OF THE CITY
3
3
REVIEW OF VEHICULAR ACCIDENTS
13
18
SAFETY SHOES AND PERSONAL EQUIPMENT
25
30
SHIFT DIFFERENTIAL
24
30
SICK LEAVE
31
37
SPECIAL MEETINGS
11
16
STANDBY LABOR
2
2
TERM OF AGREEMENT
39
42
TOTAL AGREEMENT
37
41
VACATION SCHEDULING/CARRYOVER
23
28
WAGES
21
26
WORK INCENTIVE PLAN
27
33
83- 8
This Agreement, entered into this
day of
1983, between the City of Miami (hereinafter re-
ferred to as the "City") and the Sanitation Employees Associa-
tion, Inc., (hereinafter referred to as the "Association").
T1nc+T lit t1T W
WHEREAS, it is the intention of the parties to set forth
herein the basic and full Agreement between the parties concern-
ing 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 ap-
plicable 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 bar-
gaining 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, Certifica-
tion #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 employ-
ees in the classification of Standby Labor and the application of
any rights or benefits in this Agreement, employees in the clas-
sification of Standby Labor will be limited to the provisions of
ARTICLE 2 - STANDBY LABOR and ARTICLE 7 - DUES CHECKOFF.
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83-87
ARTICLE 2
STANDBY LABOR
Section 1. Representation of employees in the classifi-
cation of Standby Labor and the application of any rights or
benefits granted in this Agreement to the employees in the clas-
sification of Standby Labor is limited to the following provi-
sions:
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 an-
nually 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, AR-
TICLE 25 - SAFETY SHOES AND PERSONAL EQUIPMENT shall ap-
ply 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 pro-
vided 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 pro-
visions of this Agreement concerning Standby Labor to the
Sanitation Foreman; and should the Sanitation Foreman not
answer any question to the satisfaction of the employee,
the employee may seek further review from the Department
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83-E3 i
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Director. The Standby employee may request review of the
Departmental 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 spe-
cifically mentioned in other articles of this Agreement,
no other provisions of this Agreement shall apply to
Standby Labor employees. W.,
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 As-
sociation 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 unautho-
rized 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 em-
ployment, 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 specifi-
cally stated therein.
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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 Trustee of the Association. The identi-
fication of representatives shall be made by March 15th each
year. The person or persons designated by said Executive
Trustee, 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 repre-
sentatives 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 au-
thority 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 representa-
tive.
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 rep-
resentatives. 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.
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83-87
Section 3. Non -employee Association representatives will
be allowed to meet with bargaining unit employees on City prop-
erty during the one-half (1/2) hour prior to the start of the
regular work shift on the condition that the Department Director
is advised one (1) working day prior to the proposed meeting. _
The Department Director or his designee shall designate the place
in the assembly room for said meeting. It is agreed by the par-
ties the meetings referred to herein will not carry over to paid
work time unless specifically approved by the Department Direc-
tor, 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 officially abridged, dele-
gated or modified by the express provisions of this Agreement are
retained by the City. The rights of the City, through its man-
agement 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 effi-
ciency 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, exam-
ine, 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 em-
ployees 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 per-
sonnel 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 classi-
fications; to change or eliminate existing methods, equipment or
facilities; and to establish, implement and maintain an effective
internal security program.
Section 2. The City has the sole authority to determine
the purpose and mission of the City, to prepare and submit bud-
gets 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 re-
port for duty, the concerted absence of employees from their po-
sitions, 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 de-
liberate and concerted course of conduct which adversely affects
the services of the City, picketing or demonstrating in further-
ance 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 of-
ficers, agents and members, nor any bargaining unit members,
covered by this Agreement, will instigate, promote, sponsor, en-
gage 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 responsi-
bility 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 con-
tinuing 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 provi-
sions of the law prohibiting strikes or of this article may be
dismissed or otherwise disciplined by the City, and any such ac-
tion 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 assess-
ments, 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 individu-
ally 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 au-
thorization by the City. The Association shall advise the City
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of any uniform assessment or increase in dues in writing at least
thirty (30) days prior to its effective date.
Section 2. This article applies only to the deduction of
membership dues and uniform assessments, if any, and shall not
apply to the collection of any Association fines, penalties, or
special assessments.
Section 3. Deductions of dues and uniform assessments,
if any, shall be remitted by the City during the week 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 re-
ceived 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 clues and uniform assessment for that pay period
directly from the employee.
Section 5. Deductions for Association dues and/or uni-
form 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 com-
mence 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 autho-
rizing employee out of this 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 em-
ployees in complying with this article. The Association shall
promptly refund to the City any funds received in accordance with
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this article which are in excess of the amount of dues and/or
uniform assessments which the City has agreed to deduct.
Section 7. The Dues Checkoff Authorization Form provided
by the City shall be used by employees who wish to initiate dues
deduction.
ARTICLE 8
GRIEVANCE PROCEDURE
Section 1. A grievance is defined as a dispute involving
the interpretation or application of the specific provisions of
this Agreement, except as exclusions are noted in other articles
of this Agreement.
Section 2. A grievance shall refer to the specific pro-
vision or provisions of the Agreement alleged to have been vio-
lated. 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 griev-
ance, appeal, administrative action before a governmental board,
commission or agency, or court proceeding, brought by an indi-
vidual 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 ini-
tiating action for redress in any other forum. Such choice of
remedy will he made in writing on the form to be supplied by the
City. The election of remedy form will indicate whether the
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aggrieved party or parties wish to utilize the grievance proce-
dure contained in the 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. Employees without
permanent status in the Civil Service may not use this grievance
procedure for review of discipline or dismissal actions.
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 de-
cided, or if the grievance is directly between the Asso-
ciation 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.
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Step 2.
If the grievance has not been satisfactorily resolved at
Step 1► the Association representative shall reduce the
grievance to writing on the standard form provided by the
City for this purpose and present such written grievance
to the Sanitation Superintendent within five (5) working
days after the foreman's oral answer is given. The
Sanitation Superintendent shall respond to the Associa-
tion in writing within five (5) working days from receipt
of the written grievance.
Step 3.
If the grievance has not been satisfactorily resolved in
Step 2, the 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 2. The Department Director shall meet
with the Association representative and shall respond in
writing to the Association within five (5) working days
from receipt of the appeal.
Step 4.
If the grievance has not been satisfactorily resolved in
Step 3, 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 3. The City Manager, 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 5.
If the grievance has not been satisfactorily resolved
within the Grievance Procedure, the Association may re-
quest a review by an impartial arbitrator provided such
request is filed in writing with the City Manager no
83-87
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later than fifteen (15) working days after the City Man-
ager's response was issued or due (whichever occurs
first) in 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 A. 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
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 specifi-
cally covered by this Agreement; nor shall this Collective Bar-
gaining Agreement be construed by an arbitrator to supersede ap-
plicable 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,
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83--87
the arbitrator shall confine his decision to the particular mat-
ter 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 de-
siring 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 par-
ties.
ARTICLE 9
NOTICES
Section I. The City of Miami agrees to provide to the
Sanitation Employees Association the following notices or bulle-
tins: City Commission Agenda, the Solid Waste Department Plan-
ning Budget Estimate and any other notices, bulletins, or mate-
rial which the City Manager or his designee determines would af-
fect 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
Lir
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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.
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.
A. For each employee, except the Association President,
or a designee, when on full time release, who is au -
In
thorized to use time from the time pool, the Executive
Trustee shall fill out the appropriate form as provi-
ded by the City. This form shall be processed through
channels of the employee who is to use the pool time.
The form must be processed so that a copy shall be in
the Office of 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 un-
derstood on rare occasions the seven (7) day time
limit may not be met. The Executive Trustee 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 re-
lease shall not be unreasonably denied. If because of
the needs of the service an employee cannot be re-
leased at the time desired, the Association may re-
quest an alternate employee be released from duty
during the desired time.
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D. In reporting an employee's absence as a result of
utilizing the Association Time Pool, the daily atten-
dance 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 Associa-
tion Time Pool, or while engaged in activities paid
for by the Association Time Pool, shall not be con-
sidered 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 Mi-
ami within the meaning of Chapter 440, Florida Stat-
utes, 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:
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 repre-
sentative to attend meetings.
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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 Association employee 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 the arti-
cle is found to be illegal. Cancelling 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 mat-
ters 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
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 Execu-
tive Trustee.
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Section 2. Release from regular work schedule assign-
ments for the purpose of attending special meetings by members of
the Association having made such written request, 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) mem-
bers designated by the Director. The Association membership
shall consist of three (3) bargaining unit employees, the Execu-
tive Trustee, and the Association Representative referred to in
ARTICLE 10, SECTION 2 (F). The Management membership shall con-
sist of employees within the Department, designated by the Di-
rector.
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 Director. The Direc-
tor, 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 Director at least five (5)
working days prior to the meeting, together with such information
as may be helpful in preparing a meaningful agenda program. The
agenda shall be provided each member of the Committee and one (1)
copy forwarded to the Office of the City Manager. The 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
-17 - 83-87
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 Asso-
ciation 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 dis-
missal, the employee shall have an opportunity to review his case
with the Department Director prior to the imposition of disci-
plinary action. This opportunity shall not alter the sole right
of the Director to take whatever action he deems to be appropri-
ate.
ARTICLE 14
BULLETIN BOARDS
Section 1. The City will provide for the use of the As-
sociation 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
-is- 83-8 i
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 Association President 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, na-
tional origin, Association membership or sex. Any claim of dis-
crimination 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 sub-
ject 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 re-
quired to serve six (6) months of continuous service in a proba-
tionary status commencing with the date of their appointment to
any bargaining unit classification except Standby Labor.
Section 2. Probationary periods may be extended by the
Department Director for an additional period not to exceed six
-19- 83-8 i
(6) months. The employee shall be advised in writing of the
length of the extension and the reasons for it; 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 Re-
lations 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
Trustee 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 pro-
cesses, any overtime gained shall be repaid to the City in addi-
tion 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 investi-
gation.
-20- 83"8
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 imme-
diately 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 manage-
ment 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 dis-
ciplinary 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 Associ-
ation 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 mem-
bers, 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 probation-
ary employees, may not grieve disciplinary action under the pro-
visions of this Agreement. Probationary employees who have been
appointed to a position but who have not completed the required
probationary period may be discharged or reduced in rank at any
time prior to the expiration of the probationary period. Said
discharged or demoted employee shall not be accorded a hearing
-21- 83-87
6 0
before the Civil Service Board or access to the grievance proce-
dure contained herein. A probationary employee may be returned
to a former classification which the employee held permanent
status or be discharged if in an entrance position upon being
notified in writing by the Department Director.
cause.
Section 8. Employees may be disciplined only for proper
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 ac-
cept responsibility for implementing or administering the disci-
plinary 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 for 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 em-
ployee'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 begin-
ning January 1 and ending on December 31.
-22-
83-81
Section 3. Employees shall be disciplined for absences
in accordance with the following schedule:
Number of Instances Discipline
3rd instance in annual period Written reprimand
4th instance in annual period Written reprimand
5th instance in annual period Three (3) work day
6th instance in annual period
7th instance in annual period
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. Em-
ployees 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 provi-
sion 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.
-23- 83-8 i
0
40
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.
3. Abandonment of position. An employee absent for three
(3) consecutive workdays 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 eighteen (18)
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.
-24-
83'-8 f
0
0
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 reduc-
tion 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 re-
taining 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 Agree-
ment is laid off, he or she may have the option to bump the most
junior 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, perma-
nent, full-time classified employees who decline to be placed on
the Standby List will lose all right to their former positions
after IS months.
Section 6. The above employee option must be made upon
receipt of the layoff notices.
-25-
83-97
0
•
ARTICLE 21
WAGES
Section 1. The City agrees to adjust the wage rate for
all classified employees in accordance with the following sched-
ule and as shown in Appendices C, D, E and F. Each adjustment
shall be effective on the first day of the first full pay period
following the date indicated:
October 1, 1982 - 5%
April 1, 1983 - 3%
October 1, 1983 - 5%
April 1, 1984 - 3%
Standby Labor shall be compensated at the
rates shown in Appendices C, D, E and F.
Section 2. In recognition of the valuable service pro-
vided by members of the bargaining unit to the City of Miami, the
City shall provide a special bonus payment. Full-time classified
employees in the bargaining unit as of December 15, 1982 and ac-
tively employed by the Department as of the date this Agreement
is ratified, shall receive a one time lump -sum bonus of Two Hun-
dred ($200) Dollars during the first 30 days following ratifica-
tion of this Agreement. This payment shall be exempt from the
application of any law, rule, regulation, or other provision of
this Agreement except that it shall be subject to social security
and federal income tax.
Standby Labor who worked at least 1,040 hours
in calendar year 1982 and who have continued to be in the em-
ployment of the Department as of the date this Agreement is
ratified, shall receive a lump -sum bonus of One Hundred ($100)
Dollars during the first 30 days following ratification of this
Agreement.
Section 3. All changes in salary for reasons of promo-
tion, demotion, merit increase, anniversary increase, longevity
increase or working out of classification shall be effective the
-26- 83-8:
first day of the payroll period following the effective date of
the change.
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 incom-
plete 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 compen-
satory time at the rate of time and one-half for such work. This
overtime rate shall be all inclusive and no additional compensa-
tion 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 compen-
satory 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 over-
time work shall rest solely with the Department Head or his des-
ignee.
Section 6. The parties agree that assignment of overtime
work is on an involuntary basis and any employee refusing as-
signments of such work is subject to disciplinary action as
deemed appropriate by the Department Head.
-27- 83-817
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 S. 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 re-
leased 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 Se-
lection Procedure. Said Vacation Selection Procedure will be
developed by Management (in consultation with the Sanitation Em-
ployees 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.
C. Provide time frames during working hours in which em-
ployees will be directed to select their vacation.
-28- 83-8 %
By December 31, each employee shall be
granted a vacation period subject to the provisions of this Ar-
ticle. 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 vaca-
tion periods. However, subsequent to January 1st of the vacation
year, employees may exchange vacation periods within their clas-
sification 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 De-
partment Director will assign a mandatory vacation period equal
to the employee's current accrual rate not withstanding any car-
ryover time up to 80 hours. During the vacation year, employees
may use additional vacation leave at the discretion of the De-
partment Director.
Section 2. Vacation Carryover - Vacation leave should be
used within thirteen (13) months of the end of the calendar year
in which it is earned. Any vacation leave not used in this time
period shall be treated in one of the following ways as of
February 1:
A. If the employee has less than 80 hours of excess va-
cation leave, it will be automatically carried over
for an additional thirteen (13) months.
B. If the employee has in excess of 80 hours vacation
leave, he may take a written request to the Department
Director to carryover the excess amount which shall be
submitted to the Office of Labor Relations for final
review. Such request shall be submitted no later than
January 31st.
Section 3. To the extent vacation leave balances ex-
ceeded the eighty (80) hour cap prior to the City Manager's memo
of December 2, 1975, said excess vacation time may be carried
over, but the employee must utilize said time prior to the expi-
ration of this Agreement or receive payment for it at the rate of
pay in effect for the employee on October 1, 1982.
-29- 83--8
ARTICLE 24
SHIFT DIFFERENTIAL
Section 1. A night shift differential of $.45 per hour
will be paid to bargaining unit employees who work a regular es-
tablished 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 estab-
lished shift must be within the hours of 6:00 p.m. and 8:00
a.m.
Section 2. Consistent with Section 1, night shift dif-
ferential 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. Bargaining unit employees in those classifi-
cations determined by Management to require the wearing of safety
shoes will be provided up to $38.00 for the purchase of an ini-
tial pair of safety shoes.
Section 2. When, due to wear and tear or accidental
destruction, a replacement pair of shoes is required, the City
will grant up to an additional $38.00 for the purchase of another
pair of safety shoes. This additional $38.00 shall only be pro-
vided when the worn out or damaged pair is turned in to the De-
partment. The Department Director, or his designee, shall de-
termine, 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.
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
83-S7
-30-
fails to report for work not 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 De-
partment 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 em-
ployee, except employees in the classification of Standby Labor,
four (4) uniform shirts, four (4) pairs of uniform pants and four
(4) hats. Employees may elect to use jump suits instead of
shirts and pants, but not both. 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 re-
corded by the foreman and signed for by the employee.
Section 6. Employees issued uniforms shall be required
to wear the uniforms 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
equipment shall include but not be limited to keg coolers, tote
barrels, rakes, shovels, pitch forks, chain saws and axes.
Section 1.
ARTICLE 26
LINE OF DUTY INJURIES
The City agrees to pay those medical and
hospital expenses as required by Workmen'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 Workmen's Compensation Laws of
the State of Florida.
Section 2. The City agrees that any employee covered
under this contract who is disabled as a result of an accident,
injury or illness incurred in line of duty shall be granted sup-
plementary salary of which a part thereof is Workmen's Compensa-
tion as provided by Resolution No. 39802, provided, however, no
supplementary salary will be paid to anyone injured while per-
forming an act intended to injure or hurt oneself or another.
Section 3. If an accident has been declared compensable
by the City and the employee brings litigation without first
having a scheduled conference with the personnel of the City of
Miami Office of Risk Management concerning any controversy aris-
ing out of the declared compensable accident, then the supple-
mentary salary, as provided by Resolution No. 39802, shall cease.
Section 4. In the event that litigation is filed by an
employee without first having a scheduled conference with per-
sonnel of the City of Miami Office of Risk Management concerning
any controversy arising out of his declared compensable accident,
it is agreed between the parties that the previously described
supplementary salary shall be recouped from the employee's cur-
rent salary by way of payroll deduction, the extent of subsequent
payroll deductions shall not exceed 10% of the gross pay per pay
period. If the Office of Risk Management does not resolve any
controversy arising out of a compensable injury to the satisfac-
tion of the injured employee, then the supplementary salary as
provided by Resolution No. 39802 shall not be jeopardized if
litigation is subsequently filed by the employee.
-32-
83--8!
Section 5. In the event an employee desires the presence
of an attorney to discuss a controversy with representatives of
the Office of Risk Management, the parties agree that the attor-
ney shall receive a token fee for his presence of $50.00 per
hour, not to exceed $100.00.
Section 6. In the event an employee desires a represen-
tative of the Association 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.
ARTICLE 27
WORK INCENTIVE PLAN
Section 1. It is agreed between the parties that bar-
gaining unit personnel assigned to the Garbage and Rubbish Col-
lection 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 workday being terminated.
Section 2. If an assigned route has not been satisfac-
torily accomplished prior to the end of the normal assigned
workday 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 em-
ployees' 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 re-
port this to their supervisor and the supervisor may assign the
employees to report at the regular starting time on the next day
-33- 83-8'7►
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 ineffi-
cient after reviewing his reasons with the Association. Should
there be a disagreement as to the discontinuance of the Work In-
centive Plan, the Association may grieve according to the provi-
sions of ARTICLE 8 - GRIEVANCE PROCEDURE. Discontinuance of the
Work Incentive Plan may not occur unless the parties agree or the
Impartial Arbitrator so rules. It is anticipated the Department
Director will review the efficiency of the Work Incentive Plan
once each Fiscal Year.
ARTICLE 28
GROUP INSURANCE
Section 1. The City agrees to continue its practice of
paying 100% of the current level of life insurance coverage.
Section 2. The City will allow all eligible members of
the bargaining unit to join a federally certified Health Mainte-
nance Organization (HMO) as selected by the authorized elected
officials of the Sanitation Employees Association. Said eligi-
bility to join the HMO will be the same as the current City group
insurance program.
In return for this benefit, no members of the
bargaining unit will have the option of belonging to the City
Group Insurance Plan during the term of this Agreement.
Section 3. The City shall only contribute a maximum of
$22.00 bi-weekly toward the cost of employee coverage for eligi-
ble bargaining unit members who request such coverage. The City
shall only contribute a maximum of $22.00 bi-weekly in FY 82-83
and $32.00 bi-weekly in FY 83-84 toward the cost of dependent
coverage for eligible bargaining unit members who request such
coverage. The City contribution shall be made to the HMO as
scheduled between the City and the HMO.
-34 83-8 %
111N
ARTICLE 29
unT TT1TVC
Section 1. The following days shall be considered holi-
days:
New Year's Day Columbus Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
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.
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.
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 com-
pensation.
It is recognized that by working the holi-
days, the City will increase the cost of operating the Garbage
Collection System within the Department and that the Administra-
tion will be balancing the collection routes, reviewing the uti-
lization of manpower and the organizational delivery of the
sanitation services to the citizens of Miami. The employees of
-35- 83-8i
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 arti-
cle, when added to the compensatory time earned under the ARTICLE
22 - OVERTIME/COMPENSATORY TIME/CALL-IN shall not exceed two
hundred (200) hours.
ARTICLE 30
FLOATING HOLIDAY TIME
Section 1. Effective January 1, 1980, it is agreed by
the parties that eligible members of the bargaining unit who have
successfully completed their probationary period shall be enti-
tled 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 of tY.? 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 Depart-
ment. The floating holiday hours off shall not be accrued; they
must be used by the employee during the calendar year or be for-
feited. The floating holiday hours off are not subject to being
converted to cash during the employee's employment or as sever-
ance pay upon the employee terminating his employment with the
City. There shall be no liability to pay any overtime under this
article.
Section 3. Upon the effective date of this Agreement and
prior to January 1, 1980, employees shall be allowed to take a
Personal Day and Birthday consistent with the provisions of tak-
-36- 83-8!
ing Floating Holiday Time as contained in this article. Employ-
ees taking a personal day or their birthday time off prior to
January 1, 1980, shall have the time deducted from the available
floating holiday time hours.
ARTICLE 31
SICK LEAVE
Section 1. The parties agree that care and discretion
shall he 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 em-
ployee is in pay status at least fifteen (15) working days per
month. Charge for use shall be based on the employee's work day,
i.e. 8 hours or 10 hours.
Section 3. Employees in probationary status will accrue
sick leave in accordance with Section 2. However, no sick leave
with pay shall be granted during the employee's first ninety (90)
working days.
Section 4. In order to receive sick leave with pay, an
employee must notify his/her immediate supervisor or the person
designated by the Department to receive such notice of illness
within thirty (30) minutes after the time scheduled for the be-
ginning 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.
-37-
83--8 i
v, N
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 accumu-
lated sick leave in excess of six hundred (600) hours, shall upon
retirement be paid for all accumulated sick leave up to a maximum
of nine hundred sixty (960) hours. It is the intent of this
provision that no employee will be paid for sick leave in excess
of six hundred (600) hours except to the extent that such excess
existed on December 31, 1982.
Section 7. Pay off for accumulated sick leave shall not
be used to calculate average earnings for Pension purposes.
Section S. After an employee has accumulated four hun-
dred eighty (480) hours of sick leave [six hundred (600) for In-
centive Plan employees], further accumulation shall be credited
at an employee's vacation at the rate of eight (8) hours of va-
cation 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.
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 house-
hold.
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 fa-
ther, mother, sister, brother, husband, wife, children, fa-
ther-in-law, mother-in-law, grandparents, spouse's grandparents,
stepfather and/or stepmother.
-38- 83'-8 i
Section 3.
Upon request of the Office of Labor Rela-
tions, 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 for any death of a
member of the employee's immediate family. 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 resi-
dence, 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 certifi-
cate will be attached to the form provided by the Office of Labor
Relations and submitted to the Human Resources Department.
Failure to produce the death certificate will result in the em-
ployee reimbursing the City for any days taken under this Arti-
cle. 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 circum-
stances the employee will be unable to obtain a death certifi-
cate. In this event, in lieu of a death certificate, the em-
ployee shall submit a newspaper account showing the death and
relationship of the deceased to the employee and/or other appro-
priate criteria, e.g. funeral home program, as deemed appropriate
by the Office of Labor Relations.
-39- 83-8 r
ARTICLE 34
BLOOD DONORS
Section 1. Employees who volunteer as blood donors to
contribute to a City supported Blood Donor Organization (cur-
rently 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.
ARTICLE 35
JURY DUTY
Section 1. Employees shall be carried on leave of ab-
sence 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.
� n—caw
ARTICLE 36
PREVAILING BENEFITS
Section 1. Job benefits heretofore authorized by the
City Manager continuously enjoyed by all employees covered by
r
this Agreement as of September 30, 1973, and not specifically
provided for or abridged by this Agreement, shall continue upon
the conditions by which they had been previously granted.
Section 2. Provided, however, nothing in this Agreement
shall obligate the City to continue practices or methods which
are unsafe, obsolete, inefficient or uneconomical.
Section 3. If the City desires to change such job bene-
fits, the matter shall be negotiated between the City and the
Association. If the parties deadlock in the negotiations, the
question(s) being negotiated shall be submitted to binding arbi-
tration.
RETICLE 37
TOTAL AGREEMENT
Section 1. This Agreement, upon ratification, consti-
tutes the complete and entire Agreement between the parties, and
concludes collective bargaining for its term.
Section 2. The parties acknowledge that during the ne-
gotiations which resulted in this Agreement, each had the unlim-
ited 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 agree-
ments 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
-A1-
8��'•8 i
specifically referred to, or covered, in this Agreement, even
though such subjects or matters may not have been within the
knowledge or contemplation of either or both of the parties at
the time they negotiated or signed this Agreement.
Section 3. Such Agreement precludes the initiation by
the Association of any municipal legislation which would result
in the alteration or cost increase of the benefits agreed to in
this Collective Bargaining Agreement or to increase the cost of
other employee benefits not specifically provided for in this
Collective Bargaining Agreement.
ARTICLE 38
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 con-
flict with said law or ordinance or resolution, or court inter-
pretation 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 39
TERM OF AGREEMENT
Section 1. After a majority vote of those bargaining
unit employees voting on the question of ratification and there-
after upon its ratification by an official resolution of the City
Commission ratifying the Agreement and authorizing the City Man-
ager to sign the Agreement on behalf of the City, then the
Agreement, upon being signed by the appropriate Association rep-
resentatives and the City Manager, shall become effective October
-42-
83-8'7
1, 1982. The Agreement shall continue in force through September
30, 1984.
Section 2. On or before April 1, 1984, 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, together with specific language embodying
and describing their proposals.
Section 3. On or before May 1, 1984, the City shall
present the Association with a list of proposals it desires to
negotiate, together with specific language describing its pro-
posals.
Section 4. Initial discussions shall thereafter, and no
` later than May 5, 1984, be entered into by the City and the As-
sociation.
-43- 83-87
AGREED to this day of , 1983, by and
between the respective parties through an authorized representa-
tive or representatives, of the Association and by the City Man-
ager.
ATTEST: SANITATION EMPLOYEES ASSOCIATION,
INC.
President
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
City Manager
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
-44- 83-67
If,
APPENDIX A
CLASS
CODE
NUMBER CLASS TITLE
7030 Sanitation Inspector I
3445 Sanitation Plant Mechanic Helper
3006 Standby Labor
3017
Waste
Collector
3108
Waste
Collector
Operator I
3109
Waste
Collector
Operator II
3110
Waste
Equipment
Operator
SALARY
RANGE
NUMBER
20S
18S
(See Appendices
C, D, E & F)
19S
20S
21S
22S
-45- 83-'87
APPENDIX B
CLASS
CODE
NUMBER CLASS TITLE
I7032 Chief Sanitation Inspector
i
? 3022 Sanitation Foreman
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 con-
tained in the Public Employees Relations Com-
mission Order No. 77E-437, dated September 23, 1977.
-46- $3_
87
Position
Number
Sanitation Plant
3445
Mechanic Helper
Waste Collector
3017
Sanitation Inspector I
7030
Waste collector
3108
Operator I
Waste Collector
Operator II
3109
Waste Equipment Operator
3110
Standby Labor
3006
APPENDIX C
EFFECTIVE OCTOBER 3, 1982
lst
2nd
Salary
2
3
4
5g
Long.
Lon .
Range
1
13,603
14,227
14,872
15,537
16,224
16,972
17,763
18,574
18S
19S
14,227
14,872
15,537
16,224
16,972
17,763
18,574
19,448
20S
14,872
15,537
16,224
16,972
17,763
18,574
19,448
20,342
20S
14,872
15,537
16,224
16,972
17,763
18,574
19,448
20,342
21S
15,537
16,224
16,972
17,763
18,574
19,448
20,342
21,278
22S
16,224
16,972
17,763
18,574
19,448
20,342
21,278
22,235
1^.
99S
$6.55
per hour
00
t
:-osition
Number
Sanitation Plant
3445
Mechanic Helper
Waste Collector
3017
Sanitation Inspector I
7030
Waste Collector
3108
operator I
Waste Collector
3109
operator II
Waste Equipment operator
3110
Standby Labor
3006
APPENDIX D
EFFECTIVE APRIL 3, 1983
lst
2nd
Salary
Ran e
18S
1
14,019
2
14,664
3
15,308
4
15,995
5
16,702
MAX
17,472
Long..
18,304
Long.
19,136
19S
14,664
15,308
15,995
16,702
17,472
18,304
19,136
20,030
20S
15,308
15,995
16,702
17,472
18,304
19,136
20,030
20,945
20S
15,308
15,995
16,702
17,472
18,304
19,136
20,030
20,945
21S
15,995
16,702
17,472
18,304
19,136
20,030
20,945
21,923
22S
16,702
17072
18,304
19,136
20,030
20,945
21,923
22,900
99S
$6.75
per hour
1
APPENDIX E
EFFECTIVE OCTOBER 2, 1983
Position
Salary
lst
2nd
Number
Range
1
2
3
4
5
MAX
Long.
Long -
Sanitation Plant
3445
18S
14,726
15,392
16,078
16,785
17,534
18,345
19,219
20,092
Mechanic Helper
Waste Collector
3017
19S
15,392
16,078
16,785
17,534
18,345
19,219
20,092
21,028
Sanitation Inspector I
7030
20S
16,078
16,785
17,534
18,345
19,219
20,092
21,028
21,985
t
Waste Collector
3108
20S
16,078
16,785
17,534
18,345
19,219
20,092
21,028
21,985
Operator I
Waste Collector
3109
21S
16,785
17,534
18,345
19,219
20,092
21,028
21,985
23,02
Operator II
Waste Equipment Operator
3110
22S
17,534
18,345
19,219
20,092
21,028
21,985
23,025
24,044
Standby Labor
3006
99S
$7.09
per hour
APPE� F
EFFECTIVE APRIL 1, 1984
1st 2nd
4 5 MAX Lon Lon
Position Salary 1 2 3 ---
Number
lRange_ _ -- - - --
g,054
15,849 I6,556 17,284 1
3418,886 39,801 20,696
163 45 18S 15,
Sanitation Plant 18,886 19,801 20,696 21,652
Mechanic Helper 17,284 18,054
15,$49 16,556
3017 19S 20,596 21,652 22,651
Waste Collector
7030
20S 16,555 17,284 18,054 18,886 19,80
sanitation Inspector i 16,556 17,284 18,054 18,886 19,801 20,696 21,652 22,651
Waste Collector 3108 20S
Operator I 21,652 22,551 23,712
21S 17,2$4 18,054
18,886 19,801 20,696
Waste Collector 3109 21,652
Waste Equipment Og 22,651 23,712 24,772
22S 18,054 18,885 19,$01
Operator II 20,696
operator 3110
$7.30 Per hour
3006 99S
Standby Labor
jo
J 1
0
ao q
Howard V. Gary
City Manager.
Dean R. Mielk \
Labor Relationn)- Officer
February 3, 1983
Ratification of Labor Agreement
Between the City of Miami and the
Sanitation Employees Association
On Saturday, January 22, 1983, the Sanitation Employees Association
held a ratification vote on the above -captioned labor agreement.
I have been advised by the official representatives of the
Sanitation Employees Association that their membership has formally
ratified and approved the labor agreement.
I am respectfully requesting you to schedule the City Commission's
agenda to include ratification by the City Commission on its
regular meeting on February 10, 1983.
Since some of the conditions of the Contract are predicated upon
the formal ratification of the Contract, it is now incumbent upon
us to initiate ratification by the City Commission so as not to be
dilatory in implementing the Contract.
The original Contract has been sent to the Law Department and
approved as to form.
DRM/pl
83-