HomeMy WebLinkAboutR-79-0504RESOLUTION NO.
79-504
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT BY AND BETWEEN THE CITY OF MIAMI
AND THE EMPLOYEE ORGANIZATION KNOW
N THE
SANITATION EMPLOYEES ASSOCIATION, INC.,
FOR THE PERIOD OF OCTOBER 1, 1979, THROUGH`.
SEPTEMBER 30, 1982, 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 OFMIAMI,
FLORIDA:
Sectional. 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,'1979,
through September 30, 1982, as set forth in the copy attached
hereto.
unless
The aforesaid authorization shall not be operative
and until the City Manager is in receipt of a notice o
ratification by the employee organization of the terms of this
Agreement.
PASSED AND ADOPTED this 23rd
1979.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
ATTEST:
RALPH
PREPARED AND APPROVED BY:
JOSE B.
ALVAREZ, DEPUTY CITY. ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
G:.RF. KNOX, JR.,
day ';o
July
Maurice, A. Ferre
MAURICE A. FERRE, MAYOR
"DOCUMENT INDEX
ITEM NO.
CITY COMMISSION
MEETING OE
JUL2 3 1979
RESOLUTION NO."r95 0
..
;.:iTY (7,t" MIAMI. Lei r:
ttJ
July 6,,
Tentative Agreement with
Sanitation Employees Association
The City and representatives of the Sanitation Employees Association
have reached a tentative Agreement for a new 3-year Contract commenc-
ing October 1, 1979 and expiring September 30, 1982. The Agreement
provides for a 5.5% increase in October of 1979 and a 6% increase
effective October 1980 These two increases are identical to the
Agreements currently in effect with the Fraternal Order of Police,
the International Association of Firefighters and the American Fed-
eration of State, County & Municipal Employees. The third year in-
crease in the tentative Agreement with the Sanitation Employees Asso-
ciation provides for 6% increase in October of 1981. The Agree-
ments with the other employee organizations expire in 1981. Other
principal changes in the new Agreement with the Sanitation Employees
Association are as follows
1. Shift differential pay has been increased' from 35 to 40t.
2 The City's contribution towards the purchase of safety
shoes has been increased from $18 to $23.
We have agreed to providean employee organization time
pool as was previously provided to the Arnerican Federa-
tion of State, County & Municipal Employees and the
Fraternal Order of Police. The City will provide 2,000
hours of pool time and in return the Sanitation Employees
Association hasagreed to reduce employee personal leave
time by one-half day, per year, per employee.
We have included in the Agreement an article dealing with
layoff and recall. The article provides that when a re-
duction in force is necessary, employees with the least,.
amount of seniority in each of the bargaining unit classi-
fications will be laid off. The Agreement provides for
"bumping" rights for employees in non -entry level classi-
fications- It also provides that the City Manager, or,
his designee, may deviate when seniority alone would re -
cult in retaining employees unable to maintain a satis-
factory level of service to the citizens.
Also included in the Agreement is a Memo of Understanding
dealing with job progression within the Department., Job,
progression through the classifications within the bar-
gaining unit can only be available to an employee whohas
started service with the Department as a Standby Laborer
and also has held permanent status as a Waste Collector.
u(ci„ ppO T\\1E
3.1c:ii_w f S S Q\1\+99
79-504
•
Joseph R. Grassie
July
1979
In the Agreement negotiated two years ago, the parties
agreed to cap sick leave payoff at certain dollar
levels, depending on years of service. In the new
Agreement, the dollar level caps remain the same; how-
ever, employees can now retire after 25 years of service
and receive payment to a: max of $5,000, where in the
current Agreement a max of $5,000 was reached after 35
years of service.
The Sanitation Employees Association has scheduled a meeting to vote
on ratification on July.21st and ratification by the City Commission
has ben scheduled for their meeting of July 23rd.
Attached is a schedule of costs related
DRM/h
COST OF NEW AGREEMENT WITH THE
SANITATION
EMPLOYEES ASSOCIATION
5.5% - 10/7/79
- Estimated 38% Fringe Benefit
• Safety Shoes
- Increase from $18 to $23 2,516
Total:
1. Wages
1.
6.O o - ` 10/5/80
Rollup Cost
2ND :;YEAR
$440,082
167,231
$607,313
504
AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI,,FLORIDA
AND
SANITATION EMPLOYEES ASSOCIATION
1979 1982
"SUPPORTIVE
DOCUMENTS
FOLLOW"
• 79-504
TABLE OF CONTENTS
AGREEMENT•
APPENDIX•A
APPENDIX.B
APPENDIX C..
APPENDIX.D
APPENDIX E
ATTENDANCE-AT,-MEETINGS/EMPLOYEE:
ASSOCIATION`.TIME POOL -
BULLETIN BOARDS
DUES CHECKOFF
FLOATING HOLIDAY.TIME:
GRIEVANCE PROCEDURE
GROUPINSURANCE-
HOLIDAYS
JURY -DUTY -
LAYOFF AND'RECALL
LINE.OF"DUTY INJURIES
LOSS OF EMPLOYMENT
MANAGEMENT RIGHTS'
MEMO OF UNDERSTANDING
MEMO OF.UNDERSTANDING
NO DISCRIMINATION
NO STRIKE
NOTICES
OVERTIME/COMPENSATORY TIME,
PERSONNEL:PRACTICE COMMITTEE
PREAMBLE:
PREVAILING: -BENEFITS
•
PROVISIONS .IN CONFLICT WITH LAW
RECOGNITION
REPRESENTATION -OF THE ASSOCIATION:
REPRESENTATION OF THE.CIT:Y
SAFETY. SHOES AND PERSONAL: EQUIPMENT
SHIFT DIFFERENTIAL
SICK LEAVE
SPECIAL: MEETINGS'
STANDBY: LABOR
TERMOF,-AGREEMENT"
TOTAL AGREEMENT
WAGES
WORK `INCENTIVE PLAN'
VEHICULAR_ACCIDENTS
ARTICLE #
PAGE #
1
.30:
XIII.14.
V I I6�'"
XXV 22-
VIIL 7
XXIII 21
XXIV 21
XXVII24
XV I
XXI
XV 15�.
V 4
29
28
XXVIII
15`.
19
1
24.
IV
III 3:
XX 18.
.:XIX 1
XXVL,.
XI 13
II = 1.
XXXI 25
XXIX " , 24
XVII 16
XXII 20
7:
23
AGREEMENT
THIS AGREEMENT, entered into this day of r.
• 1979,; between the''City of .Miami
andthe, Sanitation
(hereinafter referred to as the "City")
Employees Association, Inc.
as the "Association").
,(hereinafter referred
to C "SUPPORTIVE=
D►OCU M ENT%
fPtO LO th hereinWHEREAS, it is the intention of, the. partiset-o
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:.
PREAMBLE
ARTICLE I - RECOGNITION
Section 1. Pursuant to and in accordance with all applicable provi-
sions of Chapter 447, Part II, of the Florida Statutes, the. City rec-
ognizes
the Association as the exclusive bargaining
for all employees included
Section
The bargaining
in the bargaining unit.
representative
unit is as defined in the Certification
issued by the Florida Public Employees Relations Commission on Sep-
cludes all the classifications
APPENDIX A of this Agree
ment 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
benefits in this Agreement,
Labor will be
application of any rights or
employees in the classification. of.. Standby
limited to the provisions of ARTICLE I
and ARTICLE VII
DUES CHECKOFF
ARTICLE -..II. -STANDBY LABOR
Section 1. Representation of. employees in, the classification`'o
STANDBY
LABOR
Standby Labor andthe application of any rights or benefits granted
in ,this Agreement to the employees
Labor is limited to the foliowing
in the classification''of
provisions:
Standby
• 7 9 - 5 0 4
•
▪ 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)
Standby Labor bargaining
month period.
unit employees may request an-
nually three (3) uniform shirts, three :(3) pairs of uniform
pants and one (1) hats: provided conditions. of Paragraph "A".:.
above have been met. Except as provided above ,..ARTICLE XX -
SAFETY SHOES AND PERSONAL EQUIPMENT shall apply to Standby,
Labor bargaining unit employees.
• Standby Labor bargaining unit employees will be granted
five
(5) days vacation per year. Vacation days shall be credited
onthe first day of each ca1endar year provided that the oh -
:ployee has
This vacation
Worked
1,040 hours in the
leave will not be accrued and must' be taken
preceding -'::.calendar year.
within the calendar year 'or be forfeited.
Standby Labor bargaining unit employees shall.
by the Civil Service Rules and Regulations and
not be covered
their..employ-
ment and inclusion on the 'Standby Roster list will be deter-
mined by the Department Director or his designee, consistent
with the Consent, Decree. Standby Labor, bargaining unit:.em-
ployees may bring questions concerning
those provisions 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
Director. The Standby employee may
Departmental Director'
decision by, the Labor
whose decision will be final and
Relations Officer
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.
. Except as provided for in this article, or Where specifically
mentioned in other articles of this Agreement, no other 'pro-
visions of this Agreement shall apply to Standby Labor em,-
ployees .
ARTICLE III - REPRESENTATION OF THE CITY
Section.1The 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
an agreement on behalf of the. City subject to ratification by an
conclude
of-
f icial' ..
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. Nego-
tiations entered into with persons other than those as defined herein,
';regardless of: their position or association with.th•
e City,.
deemed: unauthorized -and shall have. no weight or.author-ity`..'
shall be
in commit-
- ting or inany Way: -obligating City.
--ARTICLE IV REPRESENTATION OF TI-IE ASSOCIATION;:,
Section 1. The bargaining unit shall:berepresented by the President
of the Association or by a person or
the Labor
persons designated in writing to
Relations Officeby the President of, the Association.; The
identification of representatives shall be made by March 15th: each
year. -The President of the
Association, or person
or persons desig
nated by said President, shall have full authority to conclude an
agreement on behalf of the Association,
those bargaining
subject
a majority
vote of
unit membersvoting on the question of ratification.
is ,understood that the
are the official represen
Association representative or representatives
tatives: of the bargaining' unit for the purpose
of negotiating with the City. Negotiations entered
other than those as definedherein,
into:'.with persons
regardless, of theirposition or
association with the Association, shall be deemed non -authorized and
shall have no weight or authority in committing, or in any way obli—
gating the Association. The Association will notify the Office o
Labor Relations
in writing of any changes of the designatedAssocia-
tion representative.
Section 2. For the purpose of meeting with the City to negotiate
collective bargaining agreement, the Association shall be represented
by not more than four (4) bargaining unit members and
two (2) non -employee Association representatives.,
not more than
The employee
a
"SUPPORTIVE
D�.. VI ENTS
FvLLOYY
representatives will be paid by the City for time spent in negotiations,
would otherwise
but only for the straight time
on`their pegular work schedule.
time'spent in negotiations shall, not be considered as hours worked.
Shift differential shall not be paid for time spent in negotiations.
hours
they
For the purpose of computing overtime,
Section 3. Non -employee Association representatives may be allowed to
meet with bargaining unit employee's on City property 'one-half (1/2);;'
the regular work shift provided that the
hour prior to the start of
Department Director is advised four (4) working days prior to
posed meeting. The Department Director or his designee shall desig-
nate
the place for said meeting. It <is agreed by the parties the
meetings referredto herein', will not carry
over to paid work time
less specifically approved by the. Department Director.
Section
ARTICLE V - MANAGEMENT RIGHTS.'
The Association agrees that the City
un-
has and will continue
to retain, whether exercised or not, the sole right to operate and,man-
age its affairs in all respects; and the powers or authority which the
City has not officially abridged, delegated ormodified by the`. express
this Agreement are retained by the City. The rights of.
through its management officials, shall include, but shall
not be limited to, the right to determine the organization of City
its constituent depart -
the organization and
provisions of
the City,
have worked
the . pro -
Government
ments,
determine the purpose of each
to exercise control and
efficiency of operations of
be offered to the public;
ing
the right toassign work and overtime; tohire, examine,
train or
promote,
positions with the
disciplinary
discretion over
the City;
•
o set standards for services to
to direct the employees of the City, includ-
classify,
retrain, transfer,' assign and scheduleemployees in
City; to suspend demote, discharge, or take other
action against employees for proper cause; to increase,'
reduce, change modify or alter: the composition and size of the
for
of
work
duties because
ce,; including the right to relieve employees from
lack of work, funds, or a material change in the duties or organi-
zation
personn
of a department; to determine the location, methods, means, and
el by which operations are to be conducted, including the
to determine whether goods or services
are 'to be made o
right
purchased; to
establish, modify, combine or abolish job classifications to change.
or eliminate existing methods, equipment or facilities; and to estab-
lish,
imp'1'ement;' and maintain ` an .effective; internal security procjram
Section 2. ' The' City has; the . sole authority to determine the" purpose
and mission of the City. and toprepare and submit
by the
City Commission.
Section 3. Those inherent
policy -making
stricted
stricted
budgets to be adopted
managerialfunctions, prerogatives 'a
rights which the City has not expressly modified
or re -
by a specific provision of this Agreement are not in any way,
directly or
herein.
indirectly, subject to the Grievance Procedure contained
ARTICLE VI - NO STRIKE
Section 1. "Strike" means the concerted failure o report for duty,
the concerted absence of employees from their positions, the con-
certed stoppage'of work, the concerted submission of resignations,
the concerted abstinence in whole or in .part by an,grou
the full and faithful • performance of their duties
from
p"of employees
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
term of or after
Section 2.
furtherance of a work stoppage, either during.; the
the expiration of a collective barga
ning greement.
Agree -
condone any;
a
officers
Neither the Association,` nor any of its of
and members, nor any
ment,
bargaining unit members
agents
by this
covered
will instigate, promote, sponsor engage in, or
strike,
sympathy strike, slowdown, sick-out
work, picketing in furtherance
ruption
concerted stoppage or•
f, a work stoppage, or any other inter
of the operations of the City.
Section Each Each employee who holds.a position with the Association
occupies a position of special trustand, responsibility.in=maintain-
ing and bringing about compliance with this article and the,strike
prohibition in Chapter 447, P
art II
of: the Florida -Statutes, and
Florida, Article
the Constitution of the State of
cordingly, the Association, its officers,
agree that it is their 'continuing obligation
maintain compliance with this article and
and other
Section.'6.. , A
representatives
and; responsibility
the law, including
c
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; aril their responsibility, in event -of`breach .of this
the law by other employees and upon the request of the: City,
age and direct employees violating this article or thelaw to
to work,
Section
and to disavow the strike.
Any or all
law prohibiting strikes
article or
o encour
return
employees who violate any provisions of the
or of this article, may be dismissed or
wise disciplined, by the City. and any such action by the City
not be grievable
or arbitrable under th
Appeal; of suspensions
or dismissals may
Board consistent with applicable Civil
ARTICLE:VII - DUES
of this
other -
shall
eprovisions Agreement.
be taken to the Civil Service
Service Rules and Regulations.
CHECKOFF
Section 1. During 'the 'term ;of, this :Agreement, the City agrees tode-
duct Association membership dues :and 'uniform assessments, .if ,-;in
an amount established
by the
Association and
certified
any
in writing,
by
the City from the pay of those employees
the bargaining unit who individually make such request on a written
checkoff authorization form provided by the. City. Such deduction.:
an accredited` officer to
in
be made by the City. when other payroll deductions are made and.
will .begin.with the pay for the first full -pay period following re
ceipt of the authorization. by the City.- The Association'
the City -of any uniform assessment or increase in dues -in writing at
thirty (30) days prior to. its effective
will
least
Section 2 This article. applies
date.
only to the deduction
dues and uniform assessments, if any
lection of
,Section
any Association
fines,
and shall
shall advise
0
not apply
membership
to the col -
penalties, or special;`.assessments.
and uniform assessments, if any, shall
week following each biweekly pay
representative as designated. in writing,
3. Deductions of dues
be remitted by the City during
to a duly authorized
period
by the
amount
at two
and
the
Association. The City shall' deduct from the .remittance an
for the cost of dues checkoff. The amount will be calculated'
($.02) cents for each employee deduction
ten ($.10) cents for each addition
each payroll period,
the checkoff register.
event an emP - -e Social Security,ffiretirement,
Section,
tio, 1 ty r the
n for . deductions,
, salary within any pay
re-
sponsibility In the withholding, ot su
earnings
period, after deduc and otnle°rvperiosrit will be 4. are n
insurance, . orm assessments, and _...ifo rm assess-
ment
group bealth...,4 any u. onnif to .,addues . uniform .
dues a"'collect it
cient to cover the Association the emploY assessment
sponsibility
. •--- of -y from uniform
for that payperiod
directldues and/oemrployeeproviding.
Per Association _ by
. e forby the . terml-
section 5. Deductions
. •• k revokedthat
he/she is
1 1 continue, days written, __min i
until notice. at oh 0
either' li of
the
shall .
. with thirty , ,___rizationr
a.+- (30 ) 2) the ter f the
the City authorization, promotion, prior checkofftransfer, mating employee, or - bargaining unit.
hold the Ca'
the Pr
• 'ng this _d and
dem-
authorizl out of3the indemnify, defend °ti.onstoany.ty,
.ng employeeauthorizlociat.ionemployees harm __, for all
shall less again
section officials, agents and otherwise), and
officers, offl (monetarY or ° bythe City,
its suit or liability___ not article.
claim,
demand, any action
A . taken °L his
taken Y
costs arising_., emioloyees *I- City any funds of
from . ompiyireosiv
• • ed
_ incomplying
legal agents and refund
to the the amount
its . _. shall promptlywhich are in agreed to de
.ng with t
officials' refu . excessof
deduct.
Association . article wh . has city
accordance whichvide,... i
The with this . 1... the CitY. , h" the
in a .p. uniform assessments 4.4., ization , duction.
ts w
Form provided dues a Checkoff
initiate ssmen
arid/or AU L.."°r dues '-'s
Section 7. The Dues .
employees who wish to in
used by _.,., PROCEDURE
shall be TTT _ GRIEVANLr' LE V.1.--- the
ARTICLE
a dispute. Agreement,
provisions
of this
Section 1. A grievance is defined as
of t f this Agreement.
involving
inter-
pretation application articles °
are noted in. .
exceptexclusions
as he specific
or• other or pro-
.
Section 2. A grievance shall refer to the specific provision,
shall e
visions of Agreement alleged
the . .
ns of.
this paragraph,
been violated. Any gri.evance
to have b denied
not conforming provisions to the P
abandoned by and/
and considered conclusivelythe grievant, grievants,
or Association.
in his article or .
vants,
shall be construed to
any permitthe Associ.ation to
elsewhere ,.
process
in this Ag
, -Urtt7NT
a grievance
- • i
reernent
Section 3. Nothing t.
or (b)
i "-
(a) .in behalf of ernpl.oyee without his consent,
-7- t•-) • . oat!
with respectl
VII
(SU
to any matter which is the subject of a grievance, appeal, administra-
tive action before a governmental board, commission or agency,`.
court:prodeeding,
ployees, or by the
Section 4 It is further agreed by
brought
by an
Association.
covered by this Agreement
prior. ,to filing. a 2nd Step
in any other forum.
the
individual employee
the Association
r'
or group of em-=
that employees,';
shall make an exclusive election of remedy
Grievance or
Such choice of remedy
initiating action for.
will be made in
redress
writing on
form to be supplied by the City. The election of remedy form will
indicate whether the aggrieved party
grievance procedure contained in the
appeal or administrative action before
agency or court
proceeding.
Selection
or parties wish to utilize the.
Agreement or process` the grievance,
a governmentalboard, commission,
f redress, other
than through the
Grievance Procedure contained, hereinshall preclude the aggrieved party
or parties from utilizing said Grievance Procedurefor adjustment of
said
grievance.
Section
days"
5. To simplify the Grievance Procedure, the number o
in presenting
rievance and.;`receiving a
"working
reply shall be based
upon a five (5) day, work week, Monday through Friday, n
City-wide holidays.
Section
lowing
Grievances shall be processed in
procedure:
including
accordance with the'fol-
Step 1. The aggrieved employee shall discuss the grievance
with his immediate foreman outside of the bargaining; unit,
within four (4).working days of,the occurrence which gave
rise to the grievance. The Association representative may
be present to represent the employee, if the employee desires
him present. The immediate foreman shall attempt to adjus
the matter and/or respond to the employee within four (4)
working days.
Where a grievance general in nature in that It
applies
o a number of employees having the same issue to b
decided, or if the grievance is directly between the Associ
ation and the City, it shall be presented directly at Step 2
of the Grievance Procedure,
ithin 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. All grievances must be processedwithin the, ti.nie limits
herein provided unless.extended by mutual agreement in writing*
Step 2. If the gri.evance has not been satisfactorily resolved.
at Step 1# the Association representative shall re uce the
grievance to writing on the standard form provided by the City
for this purpose and present such written grievance to the De-
partment Director within four (4) working days after the forernan's
oral answer is given. The Department Director shall respond to
the Association in writing within four (4) working days frorn
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
City Manager within seven (7) working days from the time the re-
sponse was due in Step 2. TheCity Manager, or his designee, shall
d
hall meet with the Association represent.ati.ve and shall respon
in writing to the Association within seven (7) working days
from receipt of the appeal. Any grievance not. processed in. ac-
cordance with the time limits provided above sballbbe..conManage-
mentred
conclusively abandoned. Any grievance not answered y
within the time limits provided above will automatically
advance to the next higher step of the Grievance Prooedure.
Step 4. If the grievance has not been satisfactorily resolved
within the Grievance Procedure, the. Association may request a
review by an impartial arbitrator provided such request is filed
in writing with the City Manager no later than fifteen (15) work-
ing days after the Ca.'
CityManager's response is due in SteP. 3 of
the Grievance procedure.
Section 7. Theparties to this Agreerneri will tattempt to mutually
agree upon an independent arbitrator. If this cannot be done, one
will be selected from a panel or panels to be submittedby the American
Arbitration Association.
Section 8. The arbi.trati.on shall be conducted under the rules set
forth in this Agreement and not under the rules of the American
"SUPPORTIVE
DC...;Cf‘JIENTS
FOLLOW"
•
I
;
presented
Section
opinions
is
Section
mutually
9. The arbitrator may not issue declaratory or advisory
and "shall confine himself exclusively tothe question which
to him, which question must be actual and existing.
10. It is contemplated that the.`: City`; and the Association
agree in writing as to' the
arbitrated
confine
Arbitration Association. Subject to the following, the arbitrator.
shall have jurisdiction and authority to decide a grievance as defined
in this
amend,
ochange,
Agreement.' The shall have no authority t
add to, subtract from or otherwise alter or supplement this
arbitrator
Agreement or any part thereof or any amendment thereto.` The 'arb
no authorityto consider or rule upon any matter
in this Agreement not to be subject to arbitration
which is not a' grievance as defined in this Agreement, or which is
not specifically covered by this Agreement; nor shall
trator'shall have
which is stated
Bargaining Agreement be construed
plicable laws
or
this Collective
by an arbitrator to supersede 'a
in existence at the time
of signing this Agreement.
statement of thematter to. be
prior to hearing; and if this i
done, the
arbitrator 'shall
his decision to the particular inatter 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
written statement of the grievance presented
ance
Procedure.
Section
and of
expense
of the
consideration.
in Step 2
to the
of the`Griev-
. Each party shall bear the expense of itsown witnesses
its own representatives. The Parties shall bear equally the
of the impartial arbitrator. The party desiring
hearingwill bear
the cost of same.
Section 12. Copies` of the award of the arbitration made
with the jur
nished to
shall
isdiction or authority under this Agreement
a transcript
in accordance
shall be fur -
both parties within thirty (30) days of the hearing and.
be final and binding on both parties.
Section 1. The City.
ARTICLE IX NOTICES
of Miami agrees to provide to the Association
President or designee the following notices or bulletins:
City Com
mission Agenda and any other notices, bulletins, or"material .;which
theCity'Manager or his designee determines would affect the t
and conditions of employment of the members;, of the Association.
-10-
erms
Section
ATTENDANCE AT. MEETINGS/.
ASSOCIATION TIMDPOOL:
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 Affirma-
tive Action Advisory Board and the PensionPlan Board.
Time off for
the Association President or any other bargaining unit employee to at-
tend 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. The City agrees to establish an annual time pool bank o
2,000 hours
of this article.
.-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 President shall fill out
the appropriate form as provided by the City. This form
shall be processed through channels
employee who
is to:use the pool_ time The form must be processed so
that a copy shallbe in. the Office of _ the Department`,
Director a minimum of seven (7)
calendar days prior
the time the employee has been authorized to use
day time limit
may'not be met.
the
pool
The President then shall
forward a detailed explanation to the Department Director
why the seven (7)
C. Employees shall be released
the needs of the service permit,
day rule wasnot met.'::
from duty on pool time only if
bu t
such release shall n
be. unreasonably denied,. If because of the needs of the
service -an employee cannot be released at t he time desired, r
the Association may request an alternate employee be released
from duty during
In reporting
an employee's absence as a resultofutilizing.
the Association Time Pool, the daily attendance record shall
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
Statutes, as amended.
• Upon written request to the Department Director,
Section
440, Florida
the President
of the Association,. or his/her designee, willbe rele
the term of this Agreement from his or her regularly
duties for the City. The terms of this Agreement, for
ased for
assigned
such
release are only to be implemented if the following qualifi-
cations 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
Miami, Florida 33142 for consultation with. the
Management of the City of Miami.
▪ As provided in Section 1 of this article, the
resident or a designee.
resentative
shall be
attend meetings.
• The Time Pool will be
the only re
charged for all hours during
which the Association President is on off -duty,
including
sick leave and holidays.
However,
should the Association President desire :to use
accrued vacation time, the Time Pool will not be
charged.
to any pe
rules, re
to regula
regulations
Section
this
• All applicable rules, regulations and o
rson_on Time Pool release. Violations of
and orders shall subject the employee on pool time
r disciplinary processes.
rders apply.
the above -mentioned
shall.
4. The City reserves the right`to rescind the provisions o
article in the event any portion of the article is found to ;be.
Cancelling the article shall not preclude further negoti-
future of future employee pool time.
illegal.
ations
,,• .
- •
ilk
ARTICLE XI - SPECIAL MEETINGS
Section 1. The City Manager, or his/her designee, and the Association
agree to Meet and conferon 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 re-
negotiate this Agreement. Special meetings shall be held within fif-
teen (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
three (3) persons at special meetings'
Section 2. Release from regular work schedule assignments for the pur-
pose of attending special meetings by members of the Association having
made such written request, shall be made in accordance with ARTICLE X,
SECTION 21 of thisAgrexelmien_tPERSONNEL PRACTICECOMMITTEE
ee :gh.icnhatesdhablyl
ARTICLEn . Practicel .e designated Section 1. There shall bea P(e6r)soemnPeloiyebs whobershsedlesbignateci.byingthen
f not more than six.six (6) mem bargaining unit
it
ctohnesAisstsoociation jonmemthbaenr consisteiosft Dof emp •
Director.The Associat .
and not moreship shell employees
employees, and the Management members/13-P shall con
within the Department, ignated bY e Directso:. no less t
han
once a month, and such .
Section 2. This personneeltpirnagcstisohealClombineistoteheeduhledlldintiereitrthgisw0dreksli.nggnee,
hours attime set by meetings
Director* The Director, or
shall preside at all meetings. The purposeof these meetings
will
he 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 basi.s, fol.--
lowing 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
-13-
any of its
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
taken of each meeting and for the .distribution ;of copies to eacr
member
Section
of the.. Committeeand theoffice of the City Manager.
ARTICLE XIII BULLETIN BOARDS.
1.The City shall provide."a".bulletin board which. shall be
used only for the following
notices:
. Recreation and special affairs of the Association
t..; Association Meetings
• Association Elections
). Reports on Association Committees
▪ Contract Administration Information.,
Section 2 Notices or announcements shall not contain
ical or,reflecting "adversely on: the: City.or
or announcements which violate the provisions of this section shall not
•
1
anything polit-
notices
officers;
be posted. Notices or announcements posted must be dated and must bear
the signature. of the Association President or his/her designee.
event any non -Association` materiai is posted on the bulietin board, it
shall be promptly removed by a representative of the Association or a
representativeof the City.
Section 3. The City will provide
board for
aglass' .enclosed
the Solid Waste Department
key to the bulletin board will be
partment or his designee.
Section 1.
kept by
locking
�'In the
bulletin -
building upon its completion. The
the De -
the Superintendent of
ARTICLE XIV - NO'DISCRIMINATION
.The. City agrees to continue its policy of not discrimi.
nating against any employee because of. race, creed,
Association membership or sex.
national origin,.
Any claim of discrimination by
an em-
ployee against the City, its officials or representatives, shall not.
be grievable or arbitrable under the provisions of ARTICLE Vill -
GRIEVANCE PROCEDURE but shall be subject to the method of review pre-
scribed by law •or by rules and regulations having
,..of law.
Section 2. The Association shall not interfere with the right'
ployees covered by this Agreement` to become or refrain from becoming_
members' 'o f
Association,and
against any such employees because of
any employee organization.'
Section
shall be
Section
not discriminate
membership or non -membership; in
ARTICLE XV LOSS OF EMPLOYMENT
Employees shall lose their seniority and their employment
terminated for the following reasons:
1. Discharge if not reversed.
2.; Resignation
• Abandonment of position. An employee.- absent.for three
(3), consecutive workdays without notification ,of an,ac
ceptable reason may be considered as having resigned
unless the employee has a legitimate acceptable reason
for not notifying the City of his absence.
. Unexcused failure to return to work when
layoff
recalled from
. ..Unex'cused failure to return to work after expiration
the length
a formal leave of absence.
• Retirement.
. Layoff for continuous period of eighteen (18) months.'
ARTICLE. XVI LAYOFF` <AND'. RECALL
Definition•
of continuous
Service classifications
Section
2. Definition:
Seniority shall mean the status attained by.
service within existing permanent Civil
within the Department of Solid Waste.
Layoff shall mean the separation of
employees
from the Permanent active work force due to lack of work, funds, abo-
changes in organization or
lition of position or
other
causes.
positions because o
3. In the event a permanent or prolonged reduction in per -
Section
sonnel 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
in layoffs or';demotions when seniorit
discretion deviate from seniority
-1
alone would result in retaining employees unable to maintain a satis-
factory level of service to the citizens. On 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
Civil Service classification covered by this Agreement is laid off,
or she may have the option to bump the most junior employee within a
lower classification covered by this Agreement inwhich he or
permanent status.
Section 5.
at their op
"Standby
he
she held
All permanent,`full-time classified employees laid
tion have the opportunity to be placed at the top of the
b List" in order of their seniority. Such employees must report
daily except for excused absences to remain on, the Standby List.
laid off, permanent, full-time classified employees .who decline
to work
Those
to be placed on
positions
Section
layoff.
Section
the Standby List will lose all
after 18 months.
off will
right .to their former
6. The above employee option must be made upon receipt of the
notices.
ARTICLE XVII - WAGES
1.; The City agrees toadjust the wage rate
employees in accordance with the following schedule
Appendices C, D, and E, with each adjustment to be
for all classified
and -as shown in
effective on
first day of the first full pay '4period 'following the date
October 1, 1979 - 5.5%
October 1, 1980 - 6.0%`
October 1 1981 - G.0%
Section
the.
indicated:
2. All changes in salary for reasons of promotion, demotion,
anniversary; increase, longevity increase or working
classification shall ; be, effective:the first day of the ;payroll
merit increase,
out of
period
following the effective date of the change.
Section 1.
ARTICLEXVIII' OVERTIME/COMPENSATORY TIME
All work performed in excess of an employee's normal work
day and in excess of an employee's normal work week shall be
overtime work
provided,' however, that no overtime pay
1
considered
or night
shift
differential pay will be awarded for work required to finish incomplete
work or incomplete route assignments.
Section 2, Employees performing compensabl.e overtime work shall,' a.t
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 in -
elusive and no additional compensation in the form of hourly differen-
tial, 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 cashesi n his bank,
the hours there.i_n shall be valuated on the basisof 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. Section 6. The parties agree that the assignment of overtimework. is
on an involuntary basis and any employee refusing assignments of such
work is subject to disciplinary action as deemed appropriate by the
Departrnent Head.
Section 7. Those employees continued to be scheduled to work a regu-
larly established six (6) day work week, shall be paid
sixty (60) hours straight time pay arid shall accrue vacation in accor-
dance with applicable Civil Service Rules.
- .
ARTICLE XIX - SHIFT DIFFERENTIAL .
, . ..
. , .
• .
Section 1.. • A- night shift differential , of $.45. per hour .- wili-;--bePaid
• • , ,, , , • . ....
to bargaining, unit employees who work a regular‘establiShed,. shift
between the hours of 6:00 p.m. and 8:00 a.m. However, morethan
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.
1tSUPPORTIVE
-17-
F 'LLOW"
of , another pair of safety shoes.
is turned into the Department.
shall determine, when,
issued as a replacement.
.need
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.calcu-
late': any
overtime pay rate.
Section 3.
Night shift differential -shall not be
average earnings
forpension purposes.
used in calculating
ARTICLE XX - SAFETY SHOESAND PERSONAL EQUIPMENT
Section 1`. Bargaining unit employees in those : classifications deter-
mined by Management to require the wearing of
safety shoes`.will,
given'$23.00 for the purchase of an initial pair of safety shoes.
Section 2. When
due to wear
and tear or accidential`destruction,
replacement pair ofshoes is required,. the City will grant an additional
$23.00 for, the. purchase
tional $
23 00'shall only - be provided�� when the worn out ordamagedpair
This addi-
The Department Director, or h
in his judgment, a pair :of safety `,shoes
Safety shoes will: be issued on the. basis
and not on an automatic basis.
Section
3. Employees; In those
shoes' and/o
isdesignee,
shall' be
of
classifications' required 'to:.wear `'safety
protective eye glasses, shall besubject to the loss
day 's` payfor each da that employee,failes to
,. �y ,..„
wearing the required
Action against the employee underthis
under ARTICLE :VIII. GRIEVANCE PROCEDURE or appealable
Service Board.
ment Director to review the loss of pay.,.
partment Director.
and
report for` work
not
safety shoes ' and/or protective eye glasses.
sectionshall not:
of a
be;grievable
to the. Civil
Depart -
may request same ofthe De -
The Department Director's decision shall be
not subject to further review in any other forum.
final
Section 4. City furnished equipment will be replaced when worn out or
damaged only if the employee returns the worn out or damaged equipment
to the Department. This includes, but is not limited to tote: barrels,
and other
gloves,
boots, foul
equipment.
weather gear, protective eye glasses,
i i of 1111111111w1w0imwiPmmeom l
Section 5. The City agrees to annually provide each employee, except
employees in the classification of Standby Labor, four (4) uniform
shirts, four (4) pairs of uniform pants and four (4) hats.
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.
ARTICLE XXI - LINE OF DUTY INJURIES
. •
Section 1 . The, City agrees to pay those medical and hospital expenses
Workmen's Compensation A.....reement who theve
ouras requiredbycoveredbythis , forby
red by an.-
Laws of the State of Florida.in-
of -dutyis found to have
sustained ta•t,e•of Florida.is con -
employee . .
sustained aof the -d under t
compensable line injury as provided
Workmen's
Section 2 The
Compensationemploy- • llness
Laws
City agree .
disabledd supplementarytion No•
tion . s t.hat any
resultemployee covere in-
curredch
trac shallprovided Y
t who is as a of an accident, y of whi
injury. or 1
inline of duty . as p_ 0
be granted
Compensation .
salary
a part thereof
39802 ded,
isWorkmen's
entarY salary will
, provi .
however, . nosupplementary injure.
sation r .
salary will be pal
b Resolu
d to any ne
or another.
injured w forming an hile Per act inten ded to or hurt
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 arising out of the declared
compensable accident, then the suptple.iTientary salary, as providedby
Resolution No. 39802, shall cease.
Section 4. In the event that litigation is filed by an employee with-
out first having a scheduled conference with personnel 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 current salary by waydeduc-
tion, theextent of subsequent payroll deductions shall not exceed
10% of the gross pay per pay period. If, the .Office..of--Risk ;Manage-.
, .
ment . does not resolve any. controversy arising :out of ,a -..compensable
TII./C
1 q
•• ,
L - 504
Association present
injury to the satisfaction of the injured employee, then the supple-
mentary salary as provided by Resolution No. 39802 shall not be jeop-
ardized if litigation is subsequently filed by the employee.
Section 5 In`the 'event an employee desires
the presence of'an
torney : to discuss a controversy ' with:representatives-of the Office
Risk Management, the parties agree that the attorney shall receive _'a
token fee'for his presence of $50.00 per hour, not to' exceed:'$100.00.
Section`6. the event an employee desires a representative of the
to discuss a controversy with representatives of
the Risk Management Office,:`.. the Association' representative shall be
allowed the time off in accordance with ARTICLE X SECTION`2..
ARTICLE XXII WORK INCENTIVE PLAN
Section 1. It is agreed between the -parties that bargaining unit per-
sonnel assigned to the Garbage and Rubbish Collection shall be placed
on an incentive basis whereby once the. assigned routehas been certi-
fied by the Department Director, or his designee, as being completed,
the applicable personnel may be relieved from their :tour of• duty for
the day
complished
Section 2.
theroute has been satisfactorily ac-
prior to the normal assigned workday being terminated.
plished prior`.
the employees'
an assigned route has not; been satisfactorily accom-
o the end of the normal assigned workday because o
negligence in leaving the route prior- to the end o
the normal tour of duty, the employees willcomplete
day.preceding y'
the followingShould the.day s route not be completed
the
route'
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 em-.
ployees.will-reportlthis to their supervisor and the supervisor may
assign the employees to report
next day to complete `the -route.
the regular starting
Further, no overtimeshall 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 detrimentalto 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 President of the Association. Should there be a disagreement
as to the'disoontinuance of the Work Incentive plan, the Association
may grieve according to the provisions of ARTICLE VIII - GRIEVANCE
PROCEDURE. Discontinuance of the Work Incentive Plan may not occur
unless the partiesagree or the Imparti.a .
' 1 Arbitrator rules. It
Departme Director will review the efficiency of
nt
' ated •the
is anticipated
the Work Incentive Plan once each Fiscal Year.
ARTICLE XXIII - GROUP INSURANCE
Section 1. The City agrees to pay 100% ofthe current level of life
insurance coverage provided for all bargaining unit employees.
Section 2. Health Insurance coverage for bargaining unit employees
will continue at the current benefit level.The current premium, and
any increase or decrease in the premium, will•be shared on the cur-
rent basis of 80% paid by the City and 20% paid by the employee.
Section 3. The City further agrees to pay $13.29 biweekly toward the
employee's dependent health coverage where the ernployee elects to take
the dependent coverage, and any increase or decrease in the dependent
health care premium will be shared on a percentage basis of what the
employer currently pays and what the employee currently pays. .
ARTICLE XXIV - HOLIDAYS
Section 1. The following days shall be considered holidays:
New Year's Day Columbus Day
Washington's Day Thanksgiving
ry
Memorial
Day
independence Day Friday Thanksgiving
Labor DDary. Martin Luther 1(iCnhgr'ias-rtni.a'ss DBaiyrft.hcci.a_yi of
Section
n23.. Any additi°nlallbhect_la_odivddeacydtdoecthlaereadbtohbveyeionlcf:esint,,,tillay-L . resolutiontion
the City Commission shall
SectionAll full_tfimteheemaPwlcyees not.on, t time i jo,„
per-
forming work on any o holidays, shall at thiveeirPlan, discre
be paid time and one-half at their straight
rate of pay,
"SUPPORTIVE
i DOCU"slENTS
I FCLLOW"
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
eligible. Those eligible employees will; receive
of one day's pay, plus ten i'(10) ` hours of hol"iday pay;`
compensation where
the equivalent
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
tion routes,' reviewing the utilization of manpower and
the collec-
the organizational
The 'em-
delivery of the sanitation services to the citizens of Miami.
ployees of the Department recognize that this is a necessity if we are
to deliver sanitation services to the citizens of'the City of Miami con-
sistent with funds
available
the Department'.
qualifications
outlined
Section 6. conditions and
- OVERTIME/COMPENSATORY TIME shall apply to this
earned` time accumulated under this article, when added to the compensa-
tory time earnedunder the ARTICLE XVIII OVERTIME/COMPENSATORY TIME
shall not exceed two hundred (200) hours.
All
ARTICLE
XVIII
article.
ARTICLE XXV -.' FLOATING >HOLIDAY TIME.
Hours of
Effective January 1, 1980,.it is agreed by the parties that
members of the bargaining unit who have successfully completed
period shall be entitled to certain hours of
Section 1.
eligible
probationary
their ?pr
holiday time off each calendar
day per week, ten,
day
year. Those employees
(10) hour day,
floating
working'a four (4)
or � six (6) day per week, ten
during the` last full pay period of the preceding calendar
hour
year, will
All other
(10)
be entitled to fifteen (15) hours of floating holiday time.
eligible bargaining unit employees will be entitled to twelve`(12)' hours
of floating
Section 2.
the employe
consistent
holiday time.
The floating holiday hours shall. be mutually
e and his immediate'supervisor outside of
with the needs of the Department. The flo
-22-
agreed upon
by
thebargaining unit
ating 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 employment' or
as severance pay upon the employee terminating his employment with the
shall be no liability to pay any overtime under this ar-
City. There
ticle.
Section
Upon the effective date of this Agreement and
arey 1, 1930, employees shall be allowed to take a Personal Day and
the rovisions of taking Floating Holiday Time
Birthday
consistent with p
prior to
Janu-
or .their.
as contained in this` article. Employees taking a personal day
birthday time off prior to.January .1, 1980, shall have' the time;: deducted
from the available floating holiday time hours.
ARTICLE XXVI SICK :LEAVE
Section 1 Unused accumulated sick;leave shall be paid to
who resign or retire under honorableconditions with fifteen (15) or
more yearsof continuous service at their regular rate of
accumulated days up to a maximum` of.$3,000.00
employees
pay
for all
Section 2.: For those employees who retire with twenty-five (25)
of continuous service., sick leave pay
of pay for all accumulated days up to a maximum of $5,000.
Section 3. For those employees who retire with forty (40) or more
years of continuous service, pay off, for accumulated sick leave shall
be at their current hourly wage rate, times: accumulated hours, to a
O hours.
maximum of 96.
Section 4.
calculate
Section 5.
week, 10 hours
(10)
sick
Sec ti
years
off will be at their regular rate
Pay off for accumulated sick leave shall not be used to
average earnings for Pension purposes.
Employees working under the Incentive Plan (4 days per.
sick leave on the basis of ten
per day) shall accrue
hours sick leave for each month of `service and employees using
leave shall be charged on the basis of a ten (10) hour day.
on 6. After an employee has accumulated 600 hours of sick leave,
further accumulation shall be credited
at the rate of ten (10) hours
of sick leave earned `
o an employee
s vacation leave
of vacation for every twenty
(20) hours
in accordance with Section 5 of, this article.
-23
e"SUPPORTIVE
'.DOCUMENTS.'
FOLLOW"
ARTICLE XXVII - JURY DUTY
Section 1.
Employees
shall be carried,
leave of absence with pay
for actual working :time lost when called to serve onjury`duty. 5
employees shallbe paid at their regular'. hourly rate for .all working
'
time lost up to forty (40) hours per week.
Section 2. In consideration of receiving their regular pay,,
uch
mployees
shall promptly assign to the City the witness fee received for jury
duty during the same period, less mileage allowance.
Section
ARTICLE XXVIII - PREVAILING BENEFITS
Job benefits heretofore
authorized
continuously enjoyed by all employees covered by this Agreement as'oj
by the City Manager.
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,
the City to continue
inefficient
Section 3.:
shall be
however, nothing
in this Agreement
shall obligate
practices or methods which are unsafe, obsolete,
or uneconomical.
If the City desires to change such job, benefits,
the matter
negotiated between the City and the Association. If the
parties deadlock in the negotiations, the question(s)
shall be submitted 'to binding arbitration.
Section 1
and entire Agreement between
bargaining for its term.
ARTICLE XXIX - TOTAL AGREEMENT
This Agreement, upon ratification
being negotiated
constitutes
the complete
the parties, and concludes collective`
Section 2 The parties acknowledgethat during the negotiations which
resulted in .this Agreement, each had the unlimited right and opportu-
nityto make demands and proposals with respect» to any subject ormatter
not removed by law from the area of collective bargaining and that the
and agreements arrived at by the_partiesafter the `exer-
of that right and opportunity are set forth in this Agreement.
understandings
cise
Therefore, the City and the Association for the duration
ment,'each voluntarily
of this
Agree -
and unqualifiedly waives the right and; each
-24
either or
this Agreement.
Section
3. Such Agreementprecludes the.
of any municipal legislation which would
cost increase of the benefits agreed to in
Agreement or to increase the cost of other
cifically provided for in this Collective Bargaining Agreement.
Section
sentence, c
ARTICLE`:XXX'-`PROVISIONS IN CONFLICT WITH LAW
If this Agreement or any provision, section, subsection,
lause, phrase, or word of this Agreement, is in conflict;.
with any existing State or Federal
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
referred to, or
to any subject or matter not specifically
covered, in this Agreement, even thoughsuch subjects
or matters may not have been within the knowledge or contemplative of
both of the parties at the time they negotiated or signed>
initiation by the
result in`
Association
the alteration or
this Collective Bargaining
employee benefits not "spe
law, or future: State or;Federal
law; or with any existing City ordinance, including,, but not limited
Ordinance No. 6945 (Civil Service Rules and Regulations) or Reso
this Agreement made by a court
of competent jurisdiction, that portion of this Agreement in conflict
with said law or ordinance or resolution,
be null and void; but the remainder
to,
lution; or
law, shall
with anyinterpretation of
or court interpretation of
remain in full force and effect with it being
of the parties herein wasto enter into the Agreement without
valid portion or portions.
Section
ARTICLE XXXI TERM OF AGREEMENT
1. After a majority vote of those bargaining
of the Agreement shall
presumed that the intent
such in -
unit employees
of ratification and thereafter upon its rati'
resolution of the City Commission ratifying ..
authorizing the City Manager to sign the Agreement
Agreement, upon being signed by the
City
voting on questionthe;
fication by an official
the Agreement and
on behalf of the C
appropriate
appropriate Association representatives and the City Manager,
become effectiVe October 1, 1979.
force through September 30, 1982.
-25-
The Agreement
shall
shall
continue in
"SUPPORTIVE
DOCUMENTS
FOLLOW"
Section 2. On or before April 1, 1982, the Association shall notify
the City in writing of its intention to renegotiate the Agreement in
force, and, attached thereto shall include a list ofproposals which
shall' inform the City of the items which they desire to negotiate,
together with specific language
posals.
Section 3. On or before May
ciation with a list of
with specific language
Section 4.
May 5, 1982
embodying and describing their pro:
1, 1982,
the City shall present the
proposals it desires to negotiate,
describing its proposals.
Initial discussions
Asso-
together
shall thereafter, and no later':than
be entered into by the City and the'Association.`
-2
AGREED to this day of
and between the respective parties through an authorized representative,
or representatives, of the Association and by the City Manager.
ATTEST:`
ATTEST:
ASSOCIATION,
President
ON THE PART OFjTHE`CITY OF MIAMI,
MIAMI, FLORIDA
APPROVED AS TO FORM
D CORRECTNESS:
y Attorne
-27-
"SUPPORTIVE
DOCL,
ww=
FO L' V„
MEMO OF UNDERSTANDING
CONCERNING REVIEW OF VEHICULAR ACCIDENTS:
IN THE SOLID WASTE DEPARTMENT
The Vehicular Accident Review process as previouslydeveloped
between the Management, of the Solid Waste Department and the Sanita-
tion Employees Association,
will be continued."
'SUPPORTIVE
DOCUNIENTS
FOLLOW"
MEMO OF UNDERSTANDING
The City agrees to establish lines of progression for bargain-
ing unit positions covered by this Agreement.
A list of Standby Laborers will be stablished by Management.
OLLOWENTS
Such Standby Laborers will be offered employment as needed
on a daily basis to fill positions held by probationary.or
permanent. waste collectors who are absent on their assigned
work day.
When the Department Director desires to fill a position
within the classification of Waste Collector he shall select
a replacement from the established list of Standby Laborers.
The City will train qualified Waste Collectors in the oper-
ation of the type of equ.i.ipment utilized by Waste Collector
•
Operator I positi.ons.
When the Department Director elects to make an appoi.ntrnent
to a bargaining unitposition above the classification of
Waste Collector, he shall make said promotion from qualified
candidates who hold pet-manent status in the classified service
a Waste Collector.
Zri
DoF(;t,,
as follows:
CLASS
CODE
NUMBER
CLASS TITLE
APPENDIX A
. ,
' . . . . . .
7030 Sanitation Inspector:I
3446 Sanitation Plant Mechanic
3445 Sanitation Plant Mechanic Helper
3006 Standby Labor
3017 Waste Collector
3108
3109
3110
Waste Collector Operator I
Waste Collector Operator II
Waste Equipment Operator
SALARY
RANGE
NUMBER
20S
21.5
18S
(See Appendices C,D & E)
19S
20S
21S
22S
g0
1/4.)
rs
rf
It L. J....L.) V . •
r
CLASS
CODE
NUMBER
7032
302,2
7031
3026,
3025
APPENDIX B
CLASS- TITLE
Chief Sanitation Inspector
Sanitation Foreman
Sanitation. Inspector: II
-Waste` Collection Superintendent
Assstant.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.
31
"SUPPORTIVE
DOCUMENTS
FALLOW"
SALARY
RANGE
NUMBER
18S
19S
20S
21S
22S
Standby. Labor
MIN.
STEP
2
APPENDIX"C
EFFECTIVE OCTOBER 7, 1979
STEP:
STEP :STEP
4.. 5
1ST 2ND
LG. LG.:
11535 12054 12599 13169 13751 14384 15042 15726
12054 12599 13169 13751 -14384 15042 15726 16473
12599 13169. 13751 " 14384 15042 - 15726
16473 17232
13169. 13751 14384 15042 15726 16473. 17232 18030
13751 - 1438,4 15042 15726 " 16473 17232 18030 18853
$5.74 per hour
1SUPPOR. IVE
DQCUMENTS,
FOLLOW"
SALARY
RANGE
NUMBER
18S
_MIN.
12227 12777
19S 1.2777 13355
13355 13959
20S
21S
22S
13959
14576
Standby Labor - $5.99 per hour
APPENDIX D
EFFECTIVE'...00T6BER.:-5,.... 1980
STEP
LG. -Ld.
„
2ND
MAX.4 5
13959 14576 15247- 15945 . . ..-16670
14576
. . ,
15247 15945. 1.6670- -17461
15247
- 15945 16670 17461 -18266
15945 16670 17461 . - 18266 . 19112
16670 1.7461. , -1.8266 , .1.911.2 19984
, -
n C r'vli
.3
FOLLOW"
IIIII II IIIII
•
SALARY
RANGE
NUMBER
18S
19S
20S
21S
22S
Standby Labor
MIN .-
APPENDIX- `E'
EFFECTIVE.,OCTOBER4 1981'.
STEP STEP. STEP. STEP.
• 1ST 2ND.
5 �NiAX �.:LG LG
12961 : -13544 ; 14156 . 14797 15451 .16162 1.6902- 17670
13544 141.56 14797 ..15451 J6162 16902. 17670 1850.9
14156 14797 15451 H 16162 _ ;16902 , 17670 18509 19362
14797 15451- 16162 16902 17670 18509 :19362 20251:
1545116162 - 16902 ,:17670 18509 119362 2025121183
$6.24 per hour