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HomeMy WebLinkAboutExhibitAG EEMENT E1 VY EN CITY OF MIAMI, MIAMI, FILO IIDA AND MIAMI GENERAL MPLOYE S AME ICAN FED LPL A\ TION OF STAT COUNTY, AND MUNICIPAL : ;MPLOYEES Out LOCAL 1907, AFL=CI® bar 1, 2023 == Septa 1:1a ber 30, 2026 TABLE OF CONTENTS Paige Agreement Pr e a m b l e Article 1 Recognition Article 2 Representation of the City Article 3 Representation of the UNION Article 4 Article 5 No Strike Article 6 Discrimination Article 7 Prevailing Benefits Article 8 Attendance At Meetings/UNION Time Pool Article 9 UNION Stewards Article 10 Contract Distribution Article 11 Notices Article 12 Bulletin Boards Article 13 Dues Check off Article 14 Article 15 Employees Bill of Rights Article 16 Disciplinary Procedures Article 17 Loss of Employment Article 18 Employee Evaluation 1 2 3 4 5 7 10 12 13 14 18 20 21 22 23 25 31 32 34 37 Article 19 Anniversary Increase 39 Article 20 Employees Acting Within the Scope of Authority 41 Article 21 Working Out of Classification 42 Article 22 44 Article 23 45 Article 24 Wages 50 Article 25 Pay Supplements 53 Article 26 Salary Basis/Exempt 57 Article 27 Overtime/Compensatory Time 58 Article 28 Group Insurance 61 Article 29 68 Article 30 Tool Allowance 70 Article 31 Tuition Reimbursement 72 Article 32 Call Back Pay 75 Article 33 Jury Duty/Court Appearance 76 Article 34 Commendation Paid Leave 78 Article 35 Parking 79 Article 36 Blood Donors 80 Article 37 Vacation 81 Article 38 84 Article 39 Sick Leave 85 Article 40 Tardiness 90 Article 41 92 Article 42 pLabar/Ma nagement Partnership Committees 95 Article 43 Bereavement - Death in Family 96 Article 44 97 Article 45 Holidays 98 Article 46 Promotions 100 Article 47 Residency 101 Article 48 102 Article 49 Savings Clause 103 Article 50 Seniority 104 Article 51 105 Article 52 Pension 106 Article 53 Term of Agreement 110 Article 54 Health and Safety 112 Appendix A 116 AFSCME LOCAL 1907 AND CITY OF MIAbII NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 1 RECOGNITION 1.1 Pursuant to and in accordance with all applicable provisions of Chapter 447, Florida Statutes, as amended, the City recognizes the UNION as the exclusive bargaining representative for all employees included in the bargaining unit. 1.2 The bargaining unit is as defined in presently filed Certification issued by the Florida Public Employees Relations Commission initially certified on June 6, 1978, Certification #408, which includes all the classifications listed in APPENDIX A of the Agreement. 1.3 The City shall promptly notify the UNION in writing of any newly created classifications within the City. The City shall also provide the Union with copies of requests for audits of any bargaining unit positions when they are requested. 1.4 If there is a dispute between the parties regarding the inclusion or exclusion of any classifications within the bargaining unit, the issue shall be settled in accordance with State law. Tentatively Agreed to by: J AFSCME Local 1907 1 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 2 REPRESENTATION OF THE CITY 2.1 The City shall be represented by the City Manager, the Director of Human Resources or a person or persons designated in writing to the UNION by the City Manager. The City Manager and the Director of Human Resources or designee shall have sole authority to execute an Agreement on behalf of the City subject to ratification by an official resolution of the City Commission. 2.2 It is understood that the City Representative or Representatives are the official representatives of the City for the purpose of negotiating with the UNION. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no weight of authority in committing or in any way obligating the City. Tentatively Agreed to by: AFSCME Local 1907 2 ARTICLE 3 REPRESENTATION OF THE UNION 3.1 The UNION shall be represented by the President of the UNION, or by a person designated in writing to the City Manager, the Director of Human Resources or designee by the President of the UNION. The identification of representatives shall be made each year at least fifteen (15) calendar days prior to April 1st. Said designation shall be accompanied by an affidavit executed by said President that the UNION has complied with all requirements of State law in effect at that time with respect to registration of the UNION. 3.2 The President of the UNION, or the person designated by said President, shall have full authority to conclude an agreement on behalf of the UNION subject to ratification. It is understood that the UNION representative is the official representative of the UNION for the purpose of negotiating with the City. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the UNION, shall be deemed unauthorized and shall have no weight of authority in committing or in any way obligating the UNION. It shall be the responsibility of the UNION to notify the City Manager or the Director of Human Resources in writing of any changes in the designation of the President of the UNION or of any certified representative of the UNION. 3.3 The UNION may be represented at negotiation sessions by not more than four (4) designated employee representatives. The four (4) employee representatives may be permitted to attend negotiation sessions on duty with no loss of pay or emoluments except that if one of the four (4) employee representatives is the UNION President on full-time release in accordance with the terms of Article 8, Attendance at Meetings/UNION Time Pool, then only three (3) employees may be released from duty with no loss of pay or emoluments. If two (2) of the four (4) employee representatives are the UNION President and the full-time release designee, then only two (2) employee may be released from duty with no loss of pay or emoluments. For the Cl Date D3_ 17 For the Union ARTICLE 4 MANAGEMENT RIGHTS 4.1 The City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects, and the powers and authority not abridged, delegated or modified by the express provisions of this Agreement or in any Memorandum of Understandings) (MOU) that is incorporated in this agreement and attached hereto or referred to herein, in addition to any MOU entered into during the term of this agreement. AFSCME, Local 1907 and the City retain the right to bring forth additional MOUs which were entered into by both parties and incorporate them as part of the agreement after notification of the respective party (AFSCME, Local 1907/City Manager or designee) who will confirm the authenticity of the MOUs. Otherwise, any changes of terms and conditions of employment shall not be recognized. Any future MOU that amends the collective bargaining agreement shall be subject to Florida Statute, Chapter 447, Part II. The parties agree to a sunset provision that begins at the ratification of this labor agreement wherein any MOU that is not included with the labor agreement will be considered null and void. The rights of the City, through its management officials, shall include, but shall not be limited to, the right to determine the organization of City Government; to determine the purpose of each of its constituent departments; to exercise control and discretion over the organization and operations of the City; to set standards for service to be offered to the public; to direct the employees, including the right to assign work and overtime; to hire, examine, classify, promote, train, transfer, assign, and schedule employees; to change employee's work schedules; to suspend, demote, discharge, or take other disciplinary action against employees for proper cause; to increase, reduce, change, modify or alter the composition and size of the work force, including the right to permanently or temporarily layoff, furlough or otherwise relieve employees from duties because of lack of work or funds or for other legitimate reasons; to determine the location, methods, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish positions; to change or eliminate existing methods of operation, equipment or facilities; and to establish rules, regulations and rules of conduct. With regard to changing employees' work schedules, the City agrees to give the Union and the affected employees at least thirty (30) days written notice of the proposed change and to take into consideration, and make a good faith effort to accommodate, any undue hardship (medical or otherwise) that the schedule change may impose upon the employee. The failure to accommodate such alleged undue hardship shall not be subject to the Grievance procedures, so long as the City complies with State and Federal laws. The City also agrees to convene a Labor Management Meeting with the Union (if the Union so requests in writing) during those thirty days. Further, whenever a change affects a classification that is assigned to work on more than one shift, the City shall allow employees to bid for shifts by classification seniority and shall notify employees of their assigned shifts at least thirty (30) days prior to implementation of the change, Re -bids shall be once every October. 4.2 The City has the sole authority to determine the purpose and mission of the City, to prepare and submit budgets to be adopted by the City Commission. This shall not prohibit the UNION from expressing its views to the legislative body at the public budget hearing. 4.3 If the City fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions. This provision will in no way alter or diminish the rights afforded by Article 7, Prevailing Benefits. 4.4 Those inherent managerial functions, prerogatives and policy -making rights which the City has not expressly modified or restricted by a specific provision in this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained in this agreement. 4.5 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City of Miami. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. c-7A-/ 4.6 The City retains the right to establish, and from time to time to amend, rules and regulations not i onflict with this Agreement. For the City Date: D 3 oZoa 5A-( 17 For the Union AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 5 NO STRIKE 5.1 "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. 5.2 Neither the UNION nor any of its officers, agents, and members, nor any UNION members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing in furtherance of any of those acts or any other interruption of the operations of the City. 5.3 Each bargaining unit member who holds a position with the UNION occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida, Article I, Section 6. Accordingly, the UNION, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct bargaining unit 8 �. l member violating this Article or the law to return to work, and to disavow the strike publicly. 6.4 Any or all employees who violate any provision of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall be appealable to the Civil Service Board. Tentatively Agreed to by: AFSCME Local 1907 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL OCTOBER 24, 2023 ARTICLE 6 DISCRIMINATION 6.1 The City and the UNION agree that the provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, religion, disability, sexual orientation, or political affiliation. 6.2 The City agrees not to interfere with the right of the employees to join or not join the UNION, and there shall be no discrimination, interference, restraint or coercion by the City or the UNION because of UNION membership or non -union membership. 6.3 The UNION recognizes its responsibilities as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. 6.4 Any claim of alleging discrimination, harassment or a hostile work environment under State or Federal law, including but not limited to a claim alleging a violation of the ADA, by an employee against the City, its officials or representatives, other than a claim of discrimination in violation of section 6.2, shall not be grievable or arbitrable under the provisions of Article 14 - Grievance Procedure, but shall be subject to the method of review prescribed by law or rules and regulations having the force and effect of law. A complaint may be filed with the City's E.E.O.D.P. (Equal Employment Opportunity Diversity Program) office by completing, signing and submitting a complaint on a form supplied by the City. 6.5 The UNION shall not be required to process the grievance of a non- union member. Tentativ;ly A. eed to by: AFSCM Loca 907 C. , if Miami /- ARTICLE 7 PREVAILING BENEFITS 7.1 Job benefits heretofore authorized by the City Manager continuously enjoyed by all employees covered by this Agreement, and not specifically provided for or abridged by this Agreement, shall continue upon the conditions by which they had been previously granted. 7.2 Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unsafe, obsolete, inefficient or uneconomical. Disputes over the application of this Section may be subject to the Grievance Procedure. 7.3 If the City desires to change such job benefits, the matter shall be negotiated between the City and the UNION in accordance with Ch. ster 447, Part II, Florida Statutes. For 'ehe City Date For the Un' n ARTICLE 8 ATTENDANCE AT MEETINGS/UNION TIME POOL 8.1 The President of the UNION or a designated representative shall be allowed to attend regular meetings and special meetings of the City Commission, State or National UNION Conventions, the Civil Service Board, the Equal Employment Opportunity Advisory Board and the Pension Plan Board. Time off for the UNION President or any other bargaining unit employees to attend these or other similarly approved meetings will be in accordance with Section 2 of this Article. 8.2 A UNION time pool is hereby authorized subject to the following: A. The City agrees to establish an annual time pool bank of 8,500 hours to be used in accordance with the provisions of this Article. All unused hours will be carried over to the following calendar year. B. For each bargaining unit member, except the UNION President, or a designee, when on full-time release, who is authorized to use time from the UNION time pool, the President shall fill out the appropriate form as provided for by the City. This form shall be signed by the UNION President and forwarded to the Department Director a minimum of seven (7) calendar days prior to the time the employee UNION representative desires such leave. A copy shall also be forwarded to the Director of Human Resources or designee. It is understood on rare occasions the seven (7) day time limit may not be met. The President 14 shall forward a detailed explanation to the Director of Human Resources or designee as to why the seven (7) day rule was not met. C. Bargaining unit members shall be released from duty only if the needs of the service permit, but such release shall not be unreasonably denied. If because of the needs of the service a bargaining unit member cannot be released at the time desired, the UNION may request an alternate bargaining unit member be released from duty during the desired time. D. In reporting a bargaining unit member's absence as a result of utilizing the UNION Time Pool, the daily attendance record shall reflect: "Bargaining Unit Member Doe on AL" (Authorized Leave) E. Any injury received or any accident incurred by a bargaining unit member whose time is being paid for by the UNION time pool, or while engaged in activities paid for by the UNION time pool, except the UNION President and the designee when on full-time release 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 employment by the City of Miami within the meaning of Chapter 440, Florida Statutes, as amended. F. Upon written request to the Director of Human Resources or designee, the President of the UNION, and the two (2) designees will be released for the term of this Agreement from his/her regularly assigned duties for 15 the City. The terms of this agreement for such release are only to be implemented if the following qualifications are met by the UNION: 1. The UNION President and the two (2) designated representatives, will reasonably be available through the UNION office currently located at 4011 W. Flagler Street, Suite 405, Miami, Florida 33134, for consultation with the Management of the City of Miami. 2. No requests to attend meetings at the City's expense as the UNION representative will be made to the City by the UNION, its officers, agents or members. 3. The Time Pool will be charged for all hours during which the UNION President and the two (2) designees are on off -duty up to a forty (40) hour work week, except that absence due to vacation leave, sick leave, holidays, or compensatory leave will be charged to the President's employee leave accounts. O. On no more than one occasion per month, the UNION Executive Board members may meet during their scheduled work shift for a period not to exceed four (4) hours. At no time will more than eight (8) employees be released to attend such meetings, and the Time Pool shall be charged a minimum of four (4) hours for each employee who attends such meetings. Release of employees for this purpose shall be conditioned upon compliance with other provisions of this Article. 16 8,3 All applicable rules, regulations and orders shall apply to any bargaining unit employees on time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the bargaining unit employees on pool time to regular disciplinary processes. 8.4 The City reserves the right to rescind the provisions of this Article in the event any portion of the Article is found to be illegal. Cancelling the Article shall not preclude further negotiations of future employee time pool. 8.5 Except as provided above, bargaining unit employees who attend administrative or judicial hearings shall not be compensated by the City unless such attendance is on behalf of and at the request of the City. 17 ARTICLE 9 UNION STEWARDS 9.1 Employees within the bargaining unit shall be represented by no more than ten (10) Stewards. The UNION shall furnish the Department of Human Resources a list of the Stewards' and alternate Stewards' names and their assigned steward areas, and shall notify Human Resources of changes to the list within seven (7) work days. 9.2 When requested by an employee, a steward may only investigate any alleged or actual grievance in his/her assigned steward area. He/She will be allowed reasonable time therefore during working hours without loss of time or pay upon notification and approval of his/her immediate supervisor outside the bargaining unit. Such release time will be granted consistent with the needs of the service but will not unreasonably be withheld. 9.3 UNION business, other than that cited above, shall be conducted so as not to interfere with the work assignment of stewards or any other employees. 9.4 A non employee UNION Representative may consult with employees in assembly areas before the start of each work shift or after the end thereof. 9.5 Should an employee UNION representative covered by this Agreement be released on the Attendance at Meetings/UNION Time Pool Article said employee may substitute for the steward, but in no event shall the steward and the employee UNION representative both investigate the same grievance or appear for the meeting called to resolve the grievance. Should the UNION President desire the UNION Steward, as described in Section 9.2, to attend a Step 3 grievance meeting, the steward may be released to attend said meeting with any time loss to be charged to the UNION Time Pool. 14 9.6 An alternate Steward may be appointed for each steward. The alternate Steward will be utilized by management when management is unable to reach the UNION Steward or the UNION Steward cannot be spared for the assigned duties at the time and all provisions of this Article shall9apply to alternate Stewards as well as regular Stewards. 4) For the City For theUnlon Date: 15 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 10 CONTRACT DISTRIBUTION 10.1 The City agrees to furnish copies of this contract to each department director where UNION members are employed and said department directors shall make the contract available for employee examination at the employee's request. I5 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL OCTOBER 24, 2023 ARTICLE 11 NOTICES 11.1 The City agrees to provide to the UNION, the following: Agendas of regular and special City Commission meetings (except where exempt by applicable law), regular and special Pension Board meetings, regular and special Civil Service Board meetings and hearings, Charter Review and Reform Committee meetings, and Finance Committee meetings. 11.2 Upon request by the UNION, the City further agrees to provide the UNION with a complete copy of all current written standard operating procedures, and rules, regulations or departmental orders, and any amendments thereto, for any department in which bargaining unit members are assigned. 11.3 The Union shall be provided advance notice of all new employee orientations involving bargaining unit members and shall be allowed up to one-half (1/2) hour to speak thereat. Tenta ely A-d to by: AF CME Loc: 1907 Cit of Miami i c // AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL OCTOBER 24, 2023 ARTICLE 12 BULLETIN BOARDS 12.1 The City shall provide bulletin board space which shall be used only for the following notices: A. Recreation and special affairs of the UNION B. UNION Meetings C. UNION Elections D. Reports on UNION Committees (including the UNION Political Action Committee) 12.2 Notices or announcements shall not contain anything political or reflecting adversely on the City or any of its officials or employees; notices or announcements which violate the provisions of this section shall not be posted. This shall not preclude endorsements for the Civil Service Board or the Pension Board. Notices or announcements posted must be dated and must bear the signature of the UNION President or designee. In the event any non•UNION material is posted on the bulletin board, it shall be promptly removed by a representative of the UNION or by a representative of the City. 12.3 The City will place a link to the Union Website on the Citv's Website in the Employee Corner. The Union website currently is 1 www.localAFSCME1907.com. The link will be clearly visible and easily accessible to all bargaining unit members. Should the website change the City will make the change upon notice form the Union President. The Union will also be permitted to send electronic notices to its members on the City E-mail system upon approval from the Human Resources Director, whose decision is not subject to the grievance procedure, but will not be unreasonably denied. Tent vely Agreed to by: AFSCME L a1 1907 City of Miami ARTICLE 13 DUES CHECKOFF 13.1 During th,, tc..... e thi. Agrce. duct UNION the pay for the €iret full pay period following receipt of the authorization by the City. The UNION shall advise the City of any uniform a: nt due iti ..t enet thirty (30) da . to :to ef:e„t:ve date 13.2 Th nrtielerpr � pl: my to the ded ct: of .,. b .hip a. ..d 13 3 D a t' of d. ..a-_,. ifo ftt.. if anj--nirzcir��—rc-aritt i the remittance an amount for t-he eorit of dues eheek off. The amount will be unifapassamentvilbthrespoibies annnifapmssessmenfethatapei,io&ditl tL .1 13 5 Dcd..ction f r tl. r... ,7/,.... n f ...�. .. nt UNION r ntatu.d 13.6 The UNION -shall indemnify and hold the City, ito officers, 4'C 1 t n plr ha mI. r ,.1 d n,] :t (- r tl e) . nrl f .. rill legal eooto , g f ction taken r of assesaments-whieh4he--Githas-agreed-to-deduet, 13.7 The City will not deduct any UNION finco, pcnaltico or special assessnients-frant4he-pay-ef-any-employee7 If at any point in the future the law allows for payroll dues deduction, all provisions set forth in the Dues Checkoff article of the 2020-2023 Collective Bargaining Agreement between the parties (attached to this Article as "Attachment 1") shall immediately be reinstated, to the extent they are consistent with the law. Should this occur, the Union will provide the City with a list of those union members who wish to reinstate payroll dues deductions. "ATTACHMENT 1" ARTICLE 13 FROM 2020 TO 2023 CBA DUES CHECKOFF 13.1 During the term of this Agreement, the City agrees to deduct UNION membership dues and uniform assessments, if any, in an amount established by the UNION and certified in writing by an accredited UNION officer to the City from the pay of those employees in the bargainin • unit who individuall make such re • uest on a written check off authorization form provided by the City. Such deduction will he made by the City when other payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorization by the City. The UNION shall advise the City of any uniform assessment or increase in dues in writing at least. thirty (30) days prior to its effective date. 13.2 This Article applies only to the deduction of membership dues and uniform assessments, if any, and shall not apply to the collection of any fines, penalties, or special assessments. 13.3 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 UNION. The City shall deduct from the remittance an amount for the cost of dues check off. The amount will be calculated at. two ($.02) cents for each employee deduction, each payroll period, and ten ($.10) cents for each addition or deletion to the check off register. 13.4 In the event an eniplovee's salary earnings within any pay period, after deductions for withholding, Social Security, retirement, group health insurance, and other priority deductions, are not sufficient to cover dues and any uniform assessments. it will be the responsibility of the UNION to collect its dues and uniform assessment for that pay period directly from the employee. 13.5 Deductions for the UNION dues and/or uniform assessment shall continue until either: 1) revoked by the employee by providing the City with thirty (30) days' written notice that he/she is terminating the prior check off authorization, 2) the termination of the authorizing employee, 3) the transfer, promotion, demotion of the authorizing employee out of this bargaining unit. or 4) the revocation or suspension of dues deduction as certified by the duly authorized UNION representative. 13.6 The UNION shall indemnify and hold the City. its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from anv action taken or not taken by the City. its officials, agents and employees in complying with this Article. The UNION shall promptly refund to the City any funds received in accordance with this Article which are in excess of the amount of dues and/or uniform assessments which the City has agreed to deduct. 13.7 The City will not deduct any UNION fines, penalties or special assessments from the pay of any employee. 13.8 The dues check off authorization form provided by the City shall be used by employees who wish to initiate dues deduction. Date: /13(c9{4- ARTICLE 14 GRIEVANCE PROCEDURE 14.1 It is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances arising from the application or interpretation of this Agreement. 14.2 A grievance is any dispute, controversy or difference between (a) the parties, (b) the City and an employee or employees on any issues with respect to, on account of, or concerning the meaning, interpretation or application of this Agreement or any terms or provisions thereof. A grievance shall refer to the specific provision or provisions of this Agreement alleged to have been violated. Any grievance not conforming to the provisions of this paragraph or that contains non identification of specific violations of the Agreement shall be denied and not eligible to advance through the steps of the Grievance Procedure, including arbitration. 14.3 Nothing in this Article or elsewhere in this Agreement shall be construed to require the UNION to process a grievance (a) on behalf of any employee without his/her consent, or (b) with respect to any matter which is the subject of a grievance, appeal, administrative action before a governmental board or agency, or court proceeding, brought by an individual employee or group of employees, or by the UNION. Oral and written reprimands/warnings/deficiencies shall not be considered grievable under this Agreement or the Civil Service Board. 14.4 It is further agreed by the UNION that with respect to disciplinary actions, employees covered by this Agreement shall make an exclusive election of remedy prior to filing a Step 2 or Step 3 Grievance. Such choice of remedy will be made in writing on the form to be supplied by the City. The Election of Remedy form will indicate whether the aggrieved party or parties wish to utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or administrative action before a governmental board or agency. Such 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. 14.5 The number of "working days" in presenting a grievance and receiving a reply from the different levels of supervision shall be based upon a forty (40) hour, five (5) day work week, Monday through Friday, not including City-wide holidays. Any grievance not processed in accordance with the time limits provided below, shall be considered conclusively abandoned. Any grievance not answered by Management within the time limits provided will automatically advance to the next higher step of the Grievance Procedure. Time limits can only be extended by mutual agreement of the UNION and Department Director or the Director of Human Resources or designee. Such agreed to extensions shall be followed up in writing. 14.6 Where an employee covered by this Agreement elects to represent himself or be represented by someone other than the UNION, the City will respond through its management representatives consistent with the following steps and time limits. Said response will not be inconsistent with the Labor Agreement and a representative of the UNION will be given an opportunity to be present and receive a copy of the written response. 14.7 A grievance shall be processed in accordance with the following procedure: Step 1. The aggrieved employee shall discuss the grievance with his/her immediate supervisor outside the bargaining unit within ten (10) working days of the occurrence which gave rise to the grievance. A City employee UNION representative will be given a reasonable opportunity to be present at any meeting called for the resolution of such grievance. The immediate supervisor, outside the bargaining unit, shall attempt to adjust the matter and/or verbally respond to the employee within ten (10) working days. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the UNION and the City, or when. grievance is filed due to an employee's dismissal, it shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided for the submission of a grievance in Step 1 by the UNION President. If the grievance relates to a disciplinary action, the Election of Remedy form as provided in Section 14.4 of this Article must be completed and attached to grievances presented directly at Step 3. All grievances must be processed within the time limits herein provided unless extended in writing by mutual agreement between the Director of Human Resources or designee and the UNION President or grieving employees. Step 2. If the grievance has not been satisfactorily resolved at Step 1, the employee or the UNION representative may pursue the grievance to the second step of the Grievance Procedure. With regard to disciplinary actions, if the aggrieved party or parties elect the remedy other than the Grievance Procedure (Civil Service) contained herein, the grievance shall be withdrawn and conclusively abandoned. The employee or the UNION Representative shall reduce the grievance to writing on the standard form provided for this purpose and present such written grievance to the Department Director concerned within ten (10) working days from the time the supervisor has given his/her oral response to Step 1. The Department Director or designee and Management personnel concerned shall meet with the employee and the UNION Representative and shall respond in writing to the UNION within ten (10) working days from receipt of the written grievance. Step 3. If the grievance has not been satisfactorily resolved at Step 2, the employee and/or the UNION President may present a written appeal to the Director of Human Resources or designee within ten (10) working days from the tirne the Step 2 response was due in Step 2. The Director of Human Resources or designee shall meet with the employee and/or the UNION President and shall respond in writing to the UNION within ten (10) working days from receipt of the appeal. Step 4. If the Grievance is not settled at Step 3, it may upon written request of the UNION President within ten (10) working days after receipt of reply or answer be referred to arbitration. 14.8 The arbitration proceeding shall be conducted by an arbitrator selected by the employer and the UNION. The selection process of the arbitrator between the employer and the UNION will take place within twenty (20) days after notice is given. If the parties fail to select an arbitrator, the Federal Mediation and Conciliation Services, or some other mutually agreed upon service, shall be requested to provide a minimum panel of five (5) arbitrators. Both the employer and the UNION shall alternately strike a name from the panel until one remains. The party requesting arbitration shall strike the first name; the other party shall then strike one name. 14.9 The arbitration shall be conducted under the rules set forth in this Agreement and under the rules of the American Arbitration Association. Subject to the following, the arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrator to supersede applicable laws in existence at the time of signing this Agreement. 14.10 The arbitrator may not issue declaratory or advisory opinions and shall confine himself/herself exclusively to the question which is presented to him, which question must be actual and existing. 14.11 The fee and expenses of the arbitrator shall be paid by the party which loses the appeal to arbitration. Each party shall fully bear its own costs regarding witnesses and representation. Should any individual bargaining unit member bring a grievance under this Article on his/her own, he/she shall be required to post a bond of an estimated one-half (1l2) of the expenses of the hearing with the arbitrator before the hearing may be scheduled. 14.12 Copies of the award of the arbitration made in accordance with the jurisdiction or authority under this Agreement shall be furnished to both parties within thirty (30) days of the hearing and shall be final and binding on both parties. 14.13 Consistent with Chapter 447.401, the UNION shall not be required to process grievances or be liable for any expenses for employees covered by this Agreement who are not members of the UNION. Where non-members or any employee covered by the Agreement elects not to be represented by the UNION, written responses shall be given to the employee and to the UNION. 14.14 A request for review of complaints under Civil Service Rule 16.2 may only be made by full-time classified service employees. Such requests under Rule 16.2 shall be denied where the request does not cite the applicable Civil Service Rule(s) which is the basis of the complaint; or, where the issue relates to a matter covered by the Collective Bargaining Agreement. This section shall be invited solely to hearings under Rule 16. ,(70 For the City --41.4 Date:Z)3- 17 ARTICLE 15 EMPLOYEES' BILL OF RIGHTS 15.1 When an employee has reasonable grounds to conclude that his/her participation in an investigatory interview will result in his receipt of disciplinary action, the employee may request that a UNION representative be present at the interview. The employee's representative shall confine his/her role in the interview to advising the employee of his/her 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 and shall give the representative sufficient time to get to the interview location, but shall not be obligated to delay the interview for more than shy -two (6o) mirruteshours. 15.2 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/she shall be paid overtime in accordance with Article 27. 15.3 At the commencement of the interview, the employee shall be advised of the subject matter of the investigation. 15.4 / he parties agree to abide by the la wf' vith respect to the use of polygraphs. Date: /D(d4 /9i For the Uiilion 28 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 16 DISCIPLINARY PROCEDURES 16.1 In cases where it becomes necessary to discharge or otherwise discipline a permanent, classified employee covered by this Agreement, a representative of management shall give notice of said discipline to the employee. Such notice of discipline shall be confirmed in writing to the employee and the UNION no later than five (5) working days following the day of discharge or imposition of discipline, excluding Saturdays, Sundays, holidays and the day of occurrence. 16.2 Employees who have not attained permanent status in the classified service, or who are entrance probationary employees, may not grieve disciplinary action under the provisions of this Agreement. 16.3 If an appeal of any discharge or other disciplinary action, excluding oral or written reprimands, is filed with the Civil Service Board in accordance with the Board Rules and Regulations, such appeal shall be an automatic election of remedy and shall waive any right on the part of the employee or the UNION to file or process a grievance under the terms of this Agreement protesting such discharge or other disciplinary action. Should an employee elect to grieve discharge or other disciplinary action, excluding an oral or written reprimand, such grievance shall be made only in accordance with the terms of the Grievance Procedure Article as contained in this Agreement. 16.4 Verbal counseling, records of formal counseling, written reprimands and written warnings shall be null and void and shall not be used against the employee after a period of 25 three (3) years. 16.5 Entrance probationary employees who were appointed to a position but who did not complete the required probationary period may be discharged or demoted any time prior to the expiration of the probationary period. The employee shall not be accorded a hearing before the Civil Service Board or access to the grievance procedure contained herein. A probationary employee who is in probationary status due to a promotion shall be returned to a former classification in which the employee held permanent status. If an employee who is in probationary status due to a promotion is rolled back, he or she may appeal the decision to the Director of Human Resources. Such appeal shall be made within five (5) days' notice of the roll back, in writing, and the decision of the Director will be final. Tentative Agree to by: AFSCME Local 907 26 City of ' iami ARTICLE 17 LOSS OF EMPLOYMENT 17.1 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 a period of three (3) workdays without notification and an acceptable reason, the validity of which shall be determined in the sole and exclusive discretion of the City Manager or the Director of Human Resources or designee, to the City shall be considered as having resigned. Said resignation shall only be reviewed, if applicable, by the City Manager or the Director of Human Resources or designee. 4. Unexcused failure to return to work when recalled from layoff, as set forth in the recall procedure. 5. Unexcused failure to return to work after expiration of a formal leave of absence. An employee who fails to return from a formal leave of absence will be considered as having resigned. Said resignation shall only be reviewed, if applicable, by the City Manager or the Director of Human Resources or designee. 6. Retirement. 7. Layoff for a continuous period of eighteen (18) months. 1 17.2 For purposes of Rule 14, any loss of employment due to a department restructuring, department reorganizing, downsizing or abolishment of a position shall be treated the same as a "layoff". Permanent employees subject to layoff shall be demoted or transferred to those classes in which the employee held previous status, consistent with Civil Service Rules and Regulations not withstanding Article 24, Section 24.1, Wages. If the employee has ten (10) years of full-time consecutive classified service with the City and has never held permanent status in another position, the employee may be demoted or transferred by management in accordance with his/her seniority to another position in the bargaining unit that is as close to the employee's present class and wage level as possible and which he/she is able to perform and qualified to fill. The employee must make a written request for such demotion or transfer within three (3) working days after notification of layoff. Such request shall be made to the Director of Human Resources or designee. Management shall have the right to determine such person's ability and qualifications to fill a position without recourse through the grievance procedure or any other appeals procedure with exception of the following. Should the individual transferred or demoted feel that the position determined by Management is not the one closest to their previous salary level for which they are qualified, the employee may appeal within three (3) working days of notice of the new assignment only to a two (2) person committee made up of the Director of Human Resources or designee and the UNION President shall convene a meeting with the Federal Mediation and Conciliation Service Commissioner who shall review the placement and render an advisory decision to the parties. 2 Employees transferred or demoted under this Section shall replace the least senior employee in the position which he/she occupies. If the employee's regular position subsequently becomes available, consistent with Civil Service Rules and Regulations, he/she shall be promoted and transferred back to his regular position. It is understood by the UNION and the City that nothing in Section 17.2 guarantees the employee a job nor is the City obligated to create a job, but the City will make a good faith effort to place the1ndivid ��.1 demoted or laid off consistent with he guage of Section 17.2. Date 17 3 For the nion ARTICLE 18 EMPLOYEE EVALUATION 18.1 Permanent full-time classified employees covered by this Agreement will be evaluated utilizing the appropriate evaluation forms as approved by the Human Resources Department. The evaluation will be provided on the employee's anniversary date. 18.2 Prior to distribution of an evaluation, the Department Director shall review the supervisor's ratings to check for consistency and that the criteria in the evaluation system has been met. Employees evaluated will be given a copy of the evaluation rating. Should an evaluation be downgraded after the employee's initial evaluation by his/her immediate supervisor, the employee will be given a copy of the downgraded evaluation rating. Only a copy of an unsatisfactory rating will be forwarded to the UNION President. Any employee rated below satisfactory by Management will be given an opportunity to improve to a satisfactory level. Failure to improve will result in disciplinary action up to and including termination. This section shall not apply to permanent full-time classified employees serving in a probationary promotional appointment. 18.3 Permanent full-time classified employees serving in a probationary promotional appointment must successfully complete the probationary period within the time frame provided (6 to 12 months), unless the Department Director recommends an extension of said time frame. Any person hired or promoted into an Emergency Dispatcher position in the Police Department or the Fire -Rescue Department shall serve an eighteen (18) month probationary period. Extensions of probationary periods shall be approved by the Director of Human Resources or designee. 1 18.4 Unsatisfactory rating of permanent full-time classified employees not serving in a promotional appointment shall cause the employee to appear before the Civil Service Board as the employee's sole and exclusive remedy to show cause why he/she should not be removed, suspended, or reduced in grade. For th D/- 3� -aka Date 17 2 For the Union ARTICLE 19 ANNIVERSARY INCREASE 19.1 Salary increases recognizing satisfactory service within established pay ranges are provided for in the City's salary schedule. On written approval from the Department Director, employees shall receive a one-step increase in salary, not to exceed the maximum step rate, effective on their anniversary date. inerease-effeetive-the-star-t-ef-t-lie-fellewiftg-pay-perie€17-All anniversary increases shall be subject to review for accuracy by the Department of Human Resources. 19.2 Leaves of absence without pay or suspension of any duration shall delay anniversary increases by the same number of workdays. 19.3 Anniversary increases are not automatic. Anniversary increases shall be awarded only on the basis of continued satisfactory service by the employee and on the positive approval of the Department Director. A Department Director may withhold anniversary increases due to excessive absenteeism resulting from tardiness, sick leave usage and/or until such time as, in the Department Director's judgment, the employee's service within the classification meets the standards of satisfactory performance for the position. Employees whose anniversary increases are delayed or denied shall be notified of the reasons for the action being taken. 34 Employees whose anniversary increases are delayed or denied due solely to tardiness or sick leave usage may request a review of the denial by the Director of Human Resources or designee, whose decision shall be final and binding. 19.4 Effective October 1, 2017, for purposes of receiving merit increases and adjustments, the anniversary date of "Affected Employees" (as that term is defined in the Settlement Agreement for Case No. 17-001234-CA-01) shall revert back to the Affected Employee's date of hire into his/her current classi . tion. For th+Li nion ARTICLE 20 EMPLOYEES ACTING WITHIN THE SCOPE OF AUTHORITY 20.1 Whenever a civil or criminal action is brought against a bargaining unit employee, while in the course of his/her City on -duty employment, and while acting within the scope of his/her authority, the City shall have the option to pay legal costs and attorney fees; not to exceed one hundred and twenty five ($125.00) dollars per hour or provide legal counsel where: a) the bargaining unit employee is found not to be liable or guilty, and b) when the plaintiff requests dismissal of the suit. 20.2 The City will neither provide legal representation nor pay any claim or judgment entered against any bargaining unit employee if the claim or judgment arises from any of the following: 1. Any unauthorized and/or criminal act; 2. Any intentional tort; 3. Gross negligence or misconduct; or While under the influence of al hol, oTugs or illegal substances. For the City For the Union Date: 36 ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.1 A department director, or designee, may direct an employee to serve in a classification higher than the classification in which an employee currently holds status. Employees assigned to work out of classification shall meet the minimum job requirements for the position being filled. 21.2 In the event an employee is assigned work of a higher classification as provided for in Section 21.1 of this Article, the employee will be granted a one-step increase or the rate for the first step of the higher classification, whichever is greater, for all time worked out of classification in excess of thirty (30) consecutive calendar days. If the employee is assigned working out of classification in a job basis position, the employee will be granted compensation as provided for in this section, however, the employee is not entitled to overtime. Employees performing work lower than their current classification are not entitled to working out of classification pay. 21.3 Method of Qualifying Incumbents of Classified Positions Allocated to New or Higher Levels - Whenever an occupied position has been allocated to a new or higher classification, the incumbent thereof shall be qualified for the new classification in one of the following manners: (a) If the incumbent has been performing satisfactorily at the new or higher level for a period of four years or more and has held permanent status in the previous classification, he/she shall receive the new or higher classification with permanent status, without further examination; or (b) If the incumbent has been performing satisfactorily at the new or higher level for a period of two years or more and less than four years, and has held permanent status in the previous classification, he/she shall be given a qualifying examination, the scope of which shall be at the same level of difficulty as normally given for the same or like classification, and if successful therein, he/she shall receive the new or higher classification with permanent status. (c) In the event the incumbent does not qualify under (a) or (b) above, he/she shall be returned to his/her previous classification (i.e., the position held prior to working out of class), and the position filled from the appropriate eligible register. 21.4 During any on -job training program designed to upgrade employees' skills, those employees in such training shall not be eligible for additional compensation as provided in Section 21.2 of this Article. 21.5 In order to initiate an acting assignment, the employee's immediate supervisor shall, upon assigning an employee to an acting assignment, immediately complete the necessary notification form as provided by the City. Upon notification of an employee placed on acting assignment, the Human Resources Department shall conduct an evaluation to determine the eligibility of the employee assigned to the acting assi: me in accordance with this article. or th Union 17 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 22 REST/LUNCH PERIODS 22.1 All employees' work schedules shall provide for a fifteen -minute rest period during each four (4) hour work period. 22.2 Employees who do not take a rest period due to work conditions or by personal choice may not lengthen lunch periods, cover an employee's late arrival or early departure, nor may it be regarded as cumulative if it is not taken. 22.3 Employee lunch periods are not compensated by the City and therefore may not cover an employee's rest period, late arrival or early departure. 22.4 The City shall compensate Emergency Dispatchers, Emergency Dispatcher Supervisors, Emergency Dispatch Assistants, Public Service Aides, Crime Scene Investigators I, Crime Scene Investigators II, and Crime Scene Investigator Supervisors for the rest periods and lunch periods provided to them pursuant to this article. AFSCME Loca 1907 City of Miami 34 ARTICLE 23 LINE OF DUTY INJURIES 23.1 Workers' Compensation Medical and Indemnity Benefits. To the extent required by, and subject to the limitations specified in, Chapter 440, Florida Statutes, the City will provide workers' compensation indemnity benefits to any bargaining unit member who sustains a compensable line of duty injury or illness as provided by the Workers' Compensation Law of the State of Florida. 23.2 Supplemental Salary 23.2(a) Any bargaining unit member who is disabled as a result of an accident, injury or illness covered by Chapter 440, Florida Statutes, will be granted supplementary salary, subject to the terms and conditions set forth below. Supplemental salary will be paid in the form of a continuation of the bargaining unit member's regular paycheck as provided by Resolution No. 39802. This check will include those indemnity payments provided for under the Workers' Compensation Law. 23.2(b) Full-time Civil Service employees who have permanent status with the City as of September 30, 1981 shall receive supplementary pay which, when added to the workers' compensation benefits shall not exceed 100% of the employee's weekly pay prior to the line of duty injury, accident, or occupational disease for the period of entitlement to full supplementary pay. All other employees and Civil Service employees hired subsequent to September 30, 1981, shall be eligible for supplementary pay and workers' compensation pay to the extent that the total of such benefits shall not exceed eighty (80) percent of the employee's weekly pay prior to the line of duty injury, accident, or occupational disease. This benefit shall take effect only after the employee has been disabled for a period in excess of seven (7) calendar days. 23.2(c) Unless extended as provided below, supplementary salary will be granted for a period not to exceed 150 consecutive days from the date of covered accident, injury or illness. Such supplementary salary may be extended up to an additional 60 consecutive days upon approval of the City Manager or his designee. The 150 days begin when the bargaining unit member is actually placed on "D". If the bargaining unit member is removed from "D," the non "D" time will not apply to the 150 clays period. 23.2(d) If an employee remains temporarily disabled beyond the period of time in which he is entitled to collect supplementary pay benefits, he/she shall be entitled to 2/3 "D" pay for the additional period of his/her temporary disability pursuant to current practices. 23.2(e) If an employee becomes permanently and totally incapacitated from the further performance of the duties of his/her classified position he/she shall petition the retirement board for retirement. The 2/3 "D" pay as described above shall be carried by the department until the retirement is granted or denied. 23.2(I) At any time during his/her absence from duty claimed to be the result of a line of duty injury while an employee is collecting City supplementary pay, the employee shall be required, upon the request of the City Manager, or his/her designee, to submit to a physical examination by a physician designated by the City Manager within fifteen (15) days of the request. If such employee, without cause, as determined by the City Manager, shall fail to submit to the examination at the time specified, all City supplementary salary benefits will be terminated. 23.3 Deductions: In the event a bargaining unit member receives supplementary salary as referenced in this Article, the City will make payroll deductions under the following terms and conditions: Deductions required by law, "mandatory deductions," including, but not limited to, social security, withholding and Medicare, will be made automatically to the supplemental salary portion only. All non -mandatory deductions including, but not limited to, a bargaining unit member's pension contributions, medical, life and other insurance contributions, and all other non -mandatory and voluntary deductions will be made by the City on the bargaining unit member's behalf only to the extent that sufficient funds are then available. The City will not make any non -mandatory and voluntary deductions if the combined workers' compensation benefits and supplementary salary are insufficient to cover the amount of the deduction(s). If there are not sufficient funds available, the bargaining unit member will be responsible for making payments for r The amount of the pension contribution shall be based on "earnable compensation" as defined by Miami Code Section 40-191. ,74./ the non -mandatory and voluntary deductions directly to those providers and creditors who would have otherwise been paid through the City's payroll deduction process. The parties agree that this process is intended to provide the employee with these paychecks without interruption of payroll and payroll deductions on a bi-weekly basis. Should the employee notify the City by contacting Risk Management that he/she does not want a combination of Workers' Compensation indemnity pay included with the supplemental wage for the purposes of making regular deductions, the Workers' Compensation check will be distributed separately through the third party administrator and the City will only pay the supplemental wage minus federally mandated deductions. i.e. withholding, social security and Medicare. All other non -mandatory deductions, including pension, medical, life and other insurance contributions and all other non -mandatory and voluntary deductions will not be made and the bargaining unit member will be responsible for making all payments directly to those providers and creditors who would have otherwise been paid through the City's payroll deduction process. For any reason, should any calculations or deductions made based on the above protocols result in the employee owing money to the City, Risk Management will audit the employee's payroll process immediately upon the discovery of monies owed to determine why such arrearages occurred. The findings will be immediately brought to the attention of the employee and a resolution will be proffered and arrangements will be made to rectify monies owed. y2A. No supplementary pay will be paid to any bargaining unit employee whom is injured or becomes ill while performing an act intended to injure or hurt one's self or another. 23.4 Any condition or impairment of health suffered by employees in the classification of Identification Technician and Property Specialist caused by Acquired Immunity Deficiency Syndrome (AIDS), Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by satisfactory evidence. Employees either currently in the classification or promoted or hired into the classification of Identification Technician and Property Specialist who refuses to take a medical examination and all of its components relating to the presumptions within this article, shall not be entitled to the presumption outlined in this section and Florida Statutes 112.18. The presumption in favor of employees referred to in this section shall not apply to any other contagious diseases which may be contracted by employees. Furthermore, the presumption shall only be applicable to worker's compensation and disability pension benefit determinations. Nothing in this section shall be construed as a waiver of the City's rights under applicable state law. 23.5 Nothing in this Article shall be construed as a waiver of the City's rights under applicable State law. 23.6 Employees may utilize available leave balances in combination with medical hold provided that they report their intention to use their leave in accordance with the standard reporting protocols in their respective departments. Date 17 ARTICLE 24 WAGES 24.1 Effective October 2, 2021, employees newly hired by the City into classifications assigned to an "IT" Pay Grade shall be placed on the applicable "IT Schedule B." Employees shall receive a 63% across the board wage increase effective Oetel April 1, 20240. Effective October 1, 20244, employees shall receive a 62%© across the board wage increase. Effective October 1, 20252, employees shall receive a 64% across the board wage increase and „ abl„ ri w plcmcnt n ,•ivalent to-1-of-their a i . a-fies Upon ratification, new step schedules will be implemented for bargaining unit members as set forth in the attached Appendices. Under the step schedules, each step increase will be worth five percent (5%) to the base. Bargaining unit members will continue to be eligible for step increases upon a satisfactory evaluation in accordance with Article 19.1 and in accordance with the time delineated in Article 24.4, below. Before a permanent bargaining unit member is laid off, the employee shall have the opportunity to fill any position held by a temporary employee, provided the bargaining unit member meets the minimum requirements set forth in the job description. In such cases, the temporary employee shall be displaced. Bargaining unit employees hired on or after October 1, 1998 may be laid off in accordance with Civil Service Rules and Regulations and/or applicable City policies. Notwithstanding the foregoing or anv other provision of this agreement, there will not be anv layoffs of AFSCME Local 1907 bargaining unit employees from October 1, 2023 through ��P September 30. 2026, and the City will maintain Local 1907's bargaining unit positions for the duration of the current agreement. 24.2 All changes in salary for reasons of promotion, demotion, or working out of class, etc. shall be effective upon the effective date of the change. Employees hired into a classified Civil Service position shall have their date of hire changed to reflect their commencement as a classified Civil Service position and shall satisfactorily serve a probationary period of one (1) year commencing with the date of entry into a permanently budgeted classification and prior to gaining permanent status in the classified service. Existing classified Civil Service employees shall satisfactorily serve a probationary period of six (6) months commencing with the date of promotion into a permanently budgeted classified Civil Service position. 24.3 Effective October 1, 2023, Aa night shift differential of $1768 per hour will be paid to bargaining unit employees for work assigned between the hours of 6:0() p.m. and 8:00 a.m. Night shift differential will only be paid for hours actually worked during the night shift differential period and will not be paid for any overtime hours. Night shift differential shall not be used in calculating average earnings for pension purposes. 24.4 Bargaining unit members shall become eligible for a five percent (5%) one (1) step increase upon a satisfactory evaluation in accordance with 19.1 according to the table below: Step 2 5% after one (1) year at Step 1 Step 3 5% after one (1) year at Step 2 Step 4 5% after one (1) year at Step 3 Step 5 5% after one (1) year at Step 4 Step 6 5% after one (1) year at Step 5 Step 7 5% after one (1) year at Step 6 Step 8 5% after one (1) year at Step 7 Step 9 5% after two (2) years at Step 8 Step 10 5% after two (2) years at Step 9 Step 11 5% after two {2} years at Step 10 Step 12 5% after two (2) years at Step 11 Step 13 5% after two (2) years at Step 12 Step 14 5% after two (2) years at Step 13 Step 15 5% after two (2) years at Step 14 Step 16 5% after two (2) years at Step 15 Step 16 shall take effective on October 1, 2023. 24. 5 Bargaining unit employees shall satisfactorily serve a probationary period of one year prior to gaining permanent status in the classified service. Any bargaining unit employee, upon normal retirement from City service, or separating under honorable conditions, who has served for a period of twenty-five (25) years or more, shall be granted, at the time of his normal retirement or honorable separation one hundred seventy- three and thre tenths (173.3) hours of pay. For the City Date: D.3— cp` - a z a cr For the Union ARTICLE 25 PAY SUPPLEMENTS 25.1 Employees shall receive no additional pay supplements except as are specifically provided by this Agreement. Any pay supplements/tool allowance provided by this Agreement shall not be used in calculating average earnings for pension purposes or included in a bargaining unit member's base rate of pay for purposes of payoff of sick leave or vacation upon separation or retirement from the City. 25.2 Only those employees holding permanent status within the occupations of Heavy Equipment Mechanic within the City, and Heavy Equipment Mechanic Supervisor in GSA, shall receive a seven and one half percent (7r/s%) pay supplement added to their base rate of pay should they be continually assigned to on -call rotation. Said pay supplement shall be deemed to fully satisfy any on -call pay obligation which might be construed to exist under the Fair Labor Standards Act. 25.3 Those employees within the occupation of Emergency Dispatcher who are actively assigned the duty of training new Emergency Dispatchers shall be entitled to receive a five percent (5%) per pay period pay supplement for the actual full pay period they are assigned in a training capacity by their supervisor. Should the City feel the need to have an audit performed for the purpose of determining whether a separate training occupation is desirable, the City may discontinue this plus item and assign said duties to the person or persons holding said Emergency Dispatcher Trainer classification. 1 25.4 All Police Emergency Dispatchers, Emergency Dispatcher Supervisor, Police and Emergency Dispatch Assistants assigned to Police Communications shall receive a five percent (5%) pay supplement if the employee holds and maintains the Quality Assurance Proficiency (QAP) rating in accordance with Police Standards after a period of three (3) months. 25.5 All Fire Emergency Dispatchers, Emergency Dispatcher Supervisor, Medical/Fire and the Communications Center Supervisor, Medical/Fire assigned to Fire Communications shall receive a five percent (5%) pay supplement if the employee holds the National Academy of Emergency Medical Dispatcher (NAEMD) certification in accordance with the Fire Department standards. 25.6 All employees specified above shall receive the QAP or NAEMD pay upon ratification of the contract as set out above. Should any employee specified above fail to maintain his/her QAP rating or the NAEMD certification, the supplementary pay shall cease. Upon re - qualifying for the QAP rating and thereafter maintaining the QAP rating for a period of three (3) months, the employee shall again receive the QAP pay. Upon re -qualifying and thereafter maintaining the NAEMD certification, the employee shall again receive the NAEMD pay. In no instance shall any individual receive both QAP and NAEMD pay supplements as specified herein at the same time. 25.7 Fire Garage Mechanics and Supervisors who obtain Emergency Vehicle Technicians certificates, shall receive a one percent (1%) pay supplement for every two (2) licenses that mechanics and supervisors obtain and maintain, up to a maximum of five percent (5%) for holding a minimum of ten (10) approved licenses. All Department of General Services Administration fleet employees and supervisors who obtain Automotive Service Excellence (ASE) certification, shall receive a one percent (1%) pay supplement for every two (2) licenses obtained and maintained, up to a maximum of five percent (5%) for holding a minimum of ten (10) of the following licenses: Automobile Series Al: Engine Repair A2: Automotive Transmission Transaxle A3: Manual Drive Train and Axles A4: Suspension and Steering A5: Brakes A6: Electrical/Electronic Systems A7: Heating and Air Conditioning A8: Engine Performance Medium/Heavy Truck Series Ti: Gasoline Engines T2: Diesel Engines T3: Drive Train T4: Brakes T5: Suspension and Steering T6: Electrical/Electronic Systems T7: Heating, Ventilation & A/C T8: Preventive Maintenance Inspection Truck Equipment Installation and Repair Series El: Truck Equipment Installation and Repair Specialist E2: Electrical/Electronic Systems Installation and Repair E3: Auxiliary Power Systems Installation and Repair Advanced Level Series Ll: Automobile Advanced Engine Performance Specialist 3 L2: Med/Hvy Vehicle Electronic Diesel Engine Diagnosis Specialist 25.8 Latent Print Examiners and Latent Print Examiner Supervisors who are certified by the International Association of Identification as latent print examiners shall receive a 5%© pay supplement. 25.9 Effective October 1. 2023. employees in the following job classifications shall receive a 5% Hazardous Dutv pav supplement: Assistant Heavy Equipment Specialist, Automotive Equipment Operator I, II, III and IV, Maintenance Mechanic, Maintenance Mechanic Supervisor, Maintenance Mechanic Helper, Latent Print Examiner. Latent Print Examiner Supervisor. Grounds Tender. Tree Trimmer. Crime Prevention Specialist. Sanitation Inspector II, Sanitation Inspector Chief, Sanitation Inspector. Code Compliance Inspector, Code Compliance Inspector II, Sanitation Supervisor, Heavv Equipment Specialist, Heavy Equipment Mechanic Helper, Automotive Mechanic Helper, Automotive Mechanic, Automotive Mechanic Supervisor. Public Works Supervisors, Laborer I, Labor Crew Leader I. Labor Crew Leader II, Mason, Public Works Superintendent. Superintendent of Maintenance, Assistant. Heavv Equipment Mechanic, Heavv Equipment Mechanic Supervisor, and Code Compliance Field Supervisor. 25.10 Effective October 1, 2023, employees in the following lob classifications shall receive a 5% Biohazardous Duty pay supplement: Crime Scene Investigator I. Crime Scene Investigator II, Crime Scene Investigator Supervisor. 25.11 Effective October 1. 2023, employees in the following job classifications shall receive a 5% Mental Health pay supplement: CIS Desk Operator. Communication Center Administrator, Communications Center Supervisor. Polices Communications Operations 4 Supervisor, Communications Operations Supervisor, Medical/Fire, Emergency Dispatch Assistant. Emergency Dispatcher, and Emergency Dispatch Supervisor. 25.12 Effective October 1.2023. Public Service Aides shall receive a five percent (5%) pav supplement for all time spent in a training capacity. 25.13 Second Language Pay. Effective October 1, 2023, employees in the classifications of CIS Desk Operator. Communication Center Administrator, Communications Center Supervisor, Police. Communications Operations Supervisor, Communications Operations Supervisor. Medical/Fire. Emergency Dispatch Assistant, Emergency Dispatcher, and Emergency Dispatch Supervisor, who are conversatio Hy proficient in Spanish or Creole, shall receive a five ercent (5%) Second Language pav supp ineii For the City For the Union r-D Date: J 5 ARTICLE 26 SALARY BASISIEXEMPT 26.1 Those classifications listed in Appendix A with a salary basis/exempt designation are considered salaried employees and exempt from coverage under the Fair Labor Standards Act which precludes eligibility for overtime. 26.2 Salary basis/exempt employees are expected to work a pay rate equal to eighty (80) hours per pay period plus any additional time over and above the normal eighty (80) hour pay period that is needed to properly perform the duties of the position. Use of vacation and sick leave are to be properly recorded when used. Personal Time Off (PTO) shall be granted consistent with Administrative Policy 1-06. Time worked in excess of the normal eighty (80) hour pay period shall not be compensated nor credited in any way. However, when time is taken off under this provision, it is required that such time taken be recorded as PTO. 26.3 Requests for time off by salary/exempt employees shall be considered on an individual basis consistent with the needs of the City and the performance record of the employee, and approval shall not be unreasonably withheld. 26.4 PTO leave shall not be utilized in units of more than one (1) week unless authorized by the City Manager. 26.5 The September 4, 2018 memoran Chief Sani a on Inspectors are incorporated herei I regarding Public Works Supervisors and Fdr the CYtty For the Union Date: ARTICLE 27 OVERTIME/COMPENSATORY TIME 27.1 All authorized hours worked in excess of an eligible employee's normal work week shall be considered overtime work. Non-exempt/hourly employees shall not perform any work prior to their normal work hours, during their lunch hour, or after their normal work hours unless specifically authorized by a management supervisor. 27.2 Non-exempt/hourly employees performing compensable overtime work shall, at their discretion, be paid time and one-half (1%) at their regular hourly rate of pay or shall be given scheduled compensatory time off at the rate of time and one-half for such work. Compensatory time off shall be taken in not less than fifteen (15) minute increments. This overtime rate shall be all inclusive and no additional overtime pay shall be paid to those employees working a holiday. 27.3 The maximum accumulation of compensatory time hours is one three hundred fifty (450300) hours. Han employee takes compensatory time off, the hours in his/her bank shall be appropriately reduced by such time off. If an employee leaves the service of the City and cashes in his/her compensatory leave bank, the hours therein shall be valuated on the basis of the employee's regular rate of pay. The rate of pay shall not be less than the higher of the employee's final regular rate of pay or the average regular rate of pay during the last three (3) years of employment. 27.4 Employees covered by this Agreement who are appointed to job basis/exempt classifications and who have compensatory time banked, shall at time of such appointment be paid for all compensatory time at their rate of pay prior to such appointment. 27.5 Overtime will be distributed as equally as practical to the best ability of the Supervisor in charge among the employees within a division of the City, who have completed their probationary period (with the exception of Emergency Dispatchers, Emergency Dispatch Assistants, and Emergency Dispatch Supervisors, who shall be eligible for overtime despite being in probationary status), by shift and classifications, according to seniority within the classification. A new overtime list by classification will be posted every two pay periods as a guide for such distribution. The remedy for the failure to offer overtime shall be that the employee shall be offered an equal or comparable amount of overtime at the next opportunity. 27.6 The overtime list by classification will be made up of all employees in that classification. If an employee refuses overtime, is sick, on vacation or on an excused absence the City will move to the next employee in line on the overtime list. For call-back overtime, if the employee does not answer his/her phone the City will move to the next employee in line on the overtime list. This provision is not to be interpreted as meaning the employee is not subject to call-back while on vacation or excused absence. 27.7 As each overtime opportunity arises the City will move through the overtime list until it has offered the last employee on the list an overtime opportunity. Thereafter, the City will move to the top of the list and begin with the most senior employee on the overtime list. 27.8 The provisions of this Article do not restrict the City's right to mandate employees to work overtime. In the event the City must order overtime work within a unit or area of assignment, the most junior employees of the affected classification will be ordered first to work the required overtime. 27.9 If this method results in obviously inequitable distribution of overtime, the Director of Human Resources or designee and the UNION President will work out a method of correcting such inequity. For the City Date: F r the Union 3 ARTICLE 28 GROUP INSURANCE 28.1 Summary Plan Document The City and the UNION agree that the Summary Plan Document (SPD) (entitled City of Miami Life and Health Benefits) shall be immediately updated to reflect descriptions of the current benefit. Plan design and all plan benefits shall be those outlined within the updated version of the employees benefits handbook and shall not be changed without mutual agreement of the City and the UNION. The updated and finalized SPD shall be provided to the City's Plan Administrator (TPA) and the TPA will administer the Plan benefits in accordance with the definitions and other language agreed to and contained in the SPD. Life and Accidental Death and Dismemberment (AD&D) The City agrees to pay $8.08 per all eligible bargaining unit member per pay period to the UNION to provide life insurance coverage in the amount of $40,000.00 and AD&D coverage in the amount of $80,000. The UNION, has secured a multi -year rate guarantee from the provider, Reliance Standard. The UNION agrees to continue to secure life insurance and accidental death and dismemberment coverage for all the eligible bargaining unit members throughout the term of this contract and agrees to provide policy and rate documentation to the City at the City's request. Medical/Vision: The City currently offers medical, dental and vision benefit plans through a self -funded plan in which all bargaining unit members, upon obtaining eligibility, may enroll, to wit: 61 Medical/Vision Cigna Network Dual Choice/POS Cigna Network Dental DHMO-Cigna/DPPO-Guardian EAP Cigna Health Care It is agreed between the parties that as of January 1, 2015, the City's medical plan will consist of a four tier program: Single coverage Single coverage + spouse Single Coverage + children Single coverage + Family (spouse and children) It is agreed that medical premium rates for all tiers may be adjusted annually upon the City's calculation of the premium for medical benefits. Premium rates will be calculated by a certified actuary based on the City's eligibility list and experience and the information will be provided to the UNION, in order to validate any increase or decrease in theoretical premium. As of January 1, 2018, (the beginning of the next Plan year) any increases or decreases in the cost of the City's health plan shall be shared by current active employees on the following basis for all medical plans: Plan Year 2018: Dual Choice/POS (Cost of coverage shown bi-weekly) Single $40.55 Single + spouse $89.21 Single + Children $75.01 Family $115.56 62 i Plan Year 2018: Point of Service Plan Co -Pays: Primary Care Physician: $25.00 per visit Specialists from within POS Network: $40.00 per visit As there are frequent and rapid changes in health care costs, it is understood and agreed between the parties that any changes in contribution amounts will be made based on the annual calculation of theoretical premium. It is agreed that should actual operating claims and administrative costs, and reserve costs increase at a rate higher than the projections used to establish the employee contributions above (projection used is 10% increase in total premium each year), then those employee contributions shall be adjusted to reflect the increase and shall be effective at the beginning of the Health Plan Year. Likewise, should the theoretical premium cost decrease more than the projections used to establish the employee contributions stated above, those employee contributions will be lowered to reflect the overall theoretical premium decrease. In any given plan year, projections used to establish any increase in contributions from the employee shall be capped at 15%. Prescription Drug Coverage The City currently offers a prescription drug benefit plan for those bargaining unit members enrolled in POS plans. It is a self -funded plan administered by Cigna Health Care and consists of the current benefit: Cigna Pharmacy Retail Drug Plan; $15 per 30 day supply for generic drugs $40 per 30 day supply for preferred brand name drugs 63 $60 per 30 day supply for non -preferred brand name drugs 50% of drug cost per 30 day supply for self-administered Injectables (e.g. injectables drugs used to treat rheumatoid arthritis, hepatitis C, multiple sclerosis, asthma). Cigna Tel Drug Mail Order Drug Program: $0 (no charge) per 90 day supply for generic drugs $80 per 90 day supply for preferred brand name drugs $120 per 90 day supply for non -preferred brand name drugs 50% of drug cost per 90 day supply for self-administered Injectables (e.g. injectables drugs used to treat rheumatoid arthritis, hepatitis C, multiple sclerosis, asthma). Since prescription drug costs are a major component of the health plan and are subject to significant annual cost increases, the City and the UNION agree to evaluate and measure pharmacy benefit total costs and evaluate best practice strategies to manage the pharmacy benefit. Any changes in the pharmacy benefit shall be mutually agreed to by the City and the UNION. Dental: Dental premium rates may be adjusted annually upon the City receiving notice from the dental providers. Employees will be notified of the adjustments in the dental rates during open enrollment. In accordance with current practice, when employees choose to be covered under the City's dental plan, the employee will continue to pay the dental premium. 64 J Employee contributions: In accordance with the City's Cafeteria Plan group health premiums will be paid by the bargaining unit employee with pre-tax dollars. Health Committee It is agreed that a standing committee will be created called the Health Insurance Committee. It shall be made up of six (6) City of Miami Employees, one member appointed by the IAFF, one member appointed by AFSCME, Local 1907, one member appointed by AFSCME, Local 871, two members appointed by the City Manager and one picked by mutual agreement of the Unions and City Manager. The Group Benefits Coordinator shall serve as a technical advisor to the committee, but will not be a member nor have a vote. Based on this commitment and in collaboration with labor and management, this Committee will work during the term of this contract to identify ways to strengthen and improve our health plan. This will include, but is not limited to: Obtain timely, accurate, and transparent reporting, with full disclosure, of all costs from our vendors. Identify plan vendor administrative improvements and efficiencies that can have a significant impact on reducing health expenditures and to ensure that our health plan vendors are delivering maximum administrative savings. Educate employees on better understanding and use of their health plan. Identify the impact of health improvement and disease management initiatives to decrease overall medical and drug costs. Identify members who would benefit from health improvement initiatives and institute programs to improve member's health. 65 Evaluate and measure our pharmacy benefit total costs and fully assess the costs from our pharmacy benefit manager (PBM) vendor. Identify proven strategies to more effectively provide prescription benefits, and obtain vendor (PBM) administrative savings to successfully manage this important benefit. Make recommendations to the City Manager to reduce health expenditures while maintaining a quality health plan at an affordable cost and which improves the health of employees and dependents. Review employee complaints and remedy situations concerning claims so long as the decision does not change or impact current benefits. This is intended to reduce the need for the grievance procedure; however, the bargaining unit member does not waive his/her right to file a grievance should the committee's remedy is not satisfactory to the employee. Review and update the Summary Plan Description (currently titled City of Miami Life and Health Benefits). Any and all other health care and wellness issues identified by the Committee as promoting initiatives to improve the health of employees and dependents while maintaining a quality health plan. The Committee shall meet monthly or as soon as practicable to commence initiatives outlined above. Insurance Deductions by Payroll 28.2 The City shall continue to make available to the UNION a payroll deduction slot to purchase local UNION sponsored insurance programs. 66 Upon receipt of appropriate authorization from employees, the City will make the designated deductions and forward monies to the UNION. The City shall deduct from that remittance an amount for the cost of these deductions. The amount will be calculated at two cents (2¢) for each employee deduction, each payroll period, and ten cents (10¢) for each addition, deletion, or modification to the individual deduction. The UNION shall indemnify and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in executing this activity. The Director of Human Resources or designee will advise the UNION of the deduction procedures that will be followed in the implementa '/n and administration of this activity. For the Cit cog 30- aaa3 Date 67 For the Unio AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 29 UNIFORMS AND SAFETY SHOES 29.1 In those classifications where the employer requires that the employee wear safety shoes, the City shall, effective the first full pay period following ratification of the labor agreement, issue an allowance in the amount of One Hundred and Seventy -Five Dollars ($175.00) for the purchase of an initial pair of safety shoes. 29.2 When, due to wear and tear or accidental job destruction, a replacement pair of shoes is required, the City will grant up to an additional One Hundred and Seventy -Five Dollars ($175.00) for the purchase of another pair of safety shoes. This additional One Hundred and Seventy -Five Dollars ($175.00) shall only be provided when the worn out or damaged pair of shoes is turned into the Department. The Department Director, or designee, shall determine when, in their judgment, a pair of safety shoes shall be issued on the basis of need and not on an automatic basis. Management reserves the right to provide safety shoes directly to the employee in lieu of the approval provisions. 29.3 Employees in those classifications required to wear safety shoes shall be subject to the loss of a day's pay for each day that the employee reports to work not wearing the required safety shoes. Action under this section shall not be grievable under the Grievance Procedure or appealable to the Civil Service Board. If a medical waiver is obtained stating that the employee is unable to wear safety shoes, then the penalty stated above is not applicable. 40 29.4 Safety shoes shall not be worn by the employee when the employee is off duty. 29.5 Employees shall be advised of shoe models which conform to City standards. The shoe allowance authorized by this Article shall only be paid where an employee purchases a pair of safety shoes whose quality is certified as acceptable by Management. 29.6 City furnished equipment where required by the employer will be replaced when worn out or damaged only if the employee returns the worn out or damaged equipment to the Department. This includes, but is not limited to, gloves, boots, inclement weather gear and other equipment. A bargaining unit employee shall reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City equipment when the employee's carelessness and/or negligence results in the loss, theft, or damage of the equipment. 29.7 Mechanics covered under this contract shall be provided with safety eyewear. Those bargaining unit members requiring prescription safety eyewear due to their inability of wearing regular safety eyewear will be provided prescription safety eyewear. The bargaining unit member is responsible for obtaining the prescription at no cost to the City. 29.8 The City shall provide a minimum of five (5) uniforms (including shirts and pants) per year to any classifications required to wear uniforms. 29.9 The City will provide laundry services for uniforms worn by Mechanics classifications. 41 City of Miami AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 30 TOOL ALLOWANCE 30.1 The City agrees to pay a quarterly tool allowance for Automotive Mechanic, Heavy Equipment Mechanics, Welders and Auto Body Worker/Painter in the amount of One Hundred Dollars ($100.00) quarterly. Such tool allowance will be paid to the employee within the first fifteen (15) days after the close of the quarter. 30.2 Mechanics' tools, which are stolen due to vandalism or forced entry upon the employer's property, will be replaced upon proof of a police report and an itemized list of the tools stolen. 30.3 The Department Director or his designee shall have the sole right to develop or redevelop a basic minimum tool list which employees must have to be hired in the various trades' classifications. The Department Director may grant a reasonable length of time for any employee to acquire additional tools to meet the basic minimum tool allowance inventory. Employees who fail to meet the basic minimum tool list inventory shall not receive a tool allowance. Tools may not be loaned to meet the basic inventory tool list. 30.4 The Department Director or designee, shall provide a required minimum list of tools for Automobile Mechanic & Motorcycle Mechanic, Heavy Equipment Mechanic, Maintenance Mechanic, Auto Body & Painter, Welder, Machinist, Mason, Carpenter, Electrician, Lineman, Plumber, Painter, A.C. Mechanic, Sign Painter, Communication Technician, or any other classification not listed that the Department Director may feel is necessary to add. 42 30.5 The affected employees within the above -listed classifications shall submit an inventory of all their personal tools, including the make and model of each tool, to their immediate supervisor outside the bargaining unit who will verify the list. The employee will maintain a copy of said inventory list and a copy will be filed with the Department Director or designee. This list shall be periodically checked and updated. The City shall replace broken, stolen, and worn out tools upon request and confirmation that the broken, stolen, or worn out tool was on the recorded inventory. This replacement policy does not apply to the classifications receiving the quarterly tool allowance as provided under this Article. Submission of the inventory list of tools in excess of the basic minimum tool list shall be completed within sixty (60) days after ratification of this Agreement. Tentative] AFSCME Local 1 to by: 7 43 ARTICLE 31 TUITION REIMBURSEMENT 31.1 It is agreed between the parties that the tuition reimbursement program is designed to encourage City employees to improve their job performance and increase their value to the City by pursuing courses of study related to their job duties at accredited educational institutions. The policy governing the tuition reimbursement program is intended to be flexible, with broad discretion for approval reserved to the Department Director and the City Manager so as to insure on-the-job effectiveness of City employees. Tuition reimbursement shall not be subject to budgetary constraints. 31.2 Any full-time, permanent City employee shall be eligible to participate in the Tuition Reimbursement Program, so long as the member has complied with the City's administrative prerequisites for participation in the program. 31.3 All course work must be taken at or from an accredited college, university or educational institution approved by the City Manager or the Department of Human Resources designee. Course work taken under provisions of this Article must be directly related to the employee's job duties. Class attendance will be on the employee's own time unless otherwise noted in the course announcement and authorized by the City Manager or the Department of Human Resources designee. 31.4 Reimbursement will be limited to books, lab fees, and tuition costs up to a maximum of $74,000.00 per calendar year. 31.5 To be eligible for reimbursement, the employee must successfully complete the course work and provide evidence of successful completion to the City. Successful completion must be evidenced by a grade of "C" or better. 31.6 Procedures for reimbursement will be as follows: A. The employee must complete an obtain thfee (o) ,.epic o f the Application for Tuition Reimbursement form for each course provided by € o -ter dcpa tmc.,,t o.. the Human Resources Department. B. The employee must complete the application in triplicate and submit it to his/her Department Director prior to commencement of course work. C. The Department Director will then review the application and if approved forward the original and one copy to the Human Resources Department. If the application is not approved, it is then returned to the employee by the Department Director. D. The Human Resources Department has the authority to approve or not approve the application, and applications not approved will be returned to the emplovee. with notification to the Department Director with the reason for rejection noted thereon. 31.7 In the event the employee resigns or is terminated from the City within one (1) year following completion of the course(s) for which City funds have been expended, the amount of tuition reimbursement paid to the employee will be reimbursed to the City by the employee upon his/her termination from the City through a deduction from his/her final paycheck. 31.8 Within ten (10j business days of 14pensuccessful completion of the course work, the employee must submit his/her ocmcstcr final grade report together with the tuition fee receipt to his/her Department Director. The Department Director will submit the approved application for tuition reimbursement along with the employee's semester grade report and tuition fee receipt to the Human Resources Finance Department who shall review and determine the amount eligible for reimbursement. then reimburse the employee for the City'a aka -tee -of the-tuition-reitill+twsement-,-The.-erap-leyeels-Depfipt-mefit-Direet-ffiLwill-advise4he-14tralail f the couroc. The Human Resources Department will then forward the determination to the Finance Department, who shall reimburse the employee for the City's share of the tuition reimbursement, in accordance with the determination of the Human Resources Department. 31.9 ye-t-exi ion—rc'i m hu C ( C c ! frein-Oeteheen-patiftefftienrNviliehevef-is4atetirthreugh--Septembe after the_ts uspens,on p od /4," For the City Date: tie ARTICLE 32 CALL BACK PAY 32.1 Any bargaining unit member eligible for overtime shall, if recalled to duty during off -duty hours, receive a minimum of three (3) hours plus one (1) hour travel time, paid at the overtime rate. The parties agree that call-back hours shall not be used in the computation of arriving at average earnings for purposes of establishing pension benefits. 32.2 It is not the intent of this Article or any other Article of this Agreement to provide pay for a bargaining unit member out on ill time or workers compensation to receive call-back pay, overtime pay or straight time pay for taking the required physical before said employee may be released to return to work. For the City Date: 75 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 33 JURY DUTY/COURT APPEARANCE 33.1 Employees serving on jury duty shall be carried "JD" (Jury Duty) for actual working time lost when called to serve on jury duty. Such employees shall be paid at their regular hourly rate for all working time lost up to forty (40) hours per week. Employees who work a regular shift between the hours of 11:00 p.m. and 7:00 a.m. and who are summoned to jury duty the day preceding their regular shift, shall be carried on leave of absence with pay for their regular shift. All employees released early from jury duty shall report back to work during their regular work schedule or shall forfeit the City compensation for Jury Duty for all hours they are absent. 33.2 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 forward said copy with the payroll sheets for the week in which the employee is on Jury Duty. Employees who serve as jurors for Federal Court shall have deducted from their paycheck a jury duty fee equal to that compensation paid to the employee by the Federal Court in his/her jurisdiction per day in the payroll period following the week in which the employee was on Jury Duty. Employees who serve as jurors for State and County Court shall not have Jury Duty fees deducted for the first three (3) days of juror service. Employees who serve more than three (3) days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to 45 that compensation paid to the employee by the State or County Court in his jurisdiction. Any changes by the Courts in the above fees shall be reflected in the employee's paycheck as they occur. Where Courts provide free parking for jurists, employees will not be reimbursed for any parking receipts submitted while attending such courts. 33.3 Attendance in court in response to legal order or subpoena to appear and testify in private litigation not in connection with an employee's official duty, but rather as an individual, shall be taken as vacation, compensatory leave, or leave of absence without pay. 33.4 When requests for appearances before the Civil Service Board require witnesses, the Civil Service Office shall require that said requests delineate who are character witnesses and who are witnesses testifying as to the incident at hand. Should the number of character witnesses exceed two (2) then a statement from those additional character witnesses shall be submitted to the Civil Service Board stipulating to the character of the employee on appeal before the Civil Service Board. City ol" Miami 46 AFSCME LOCAL 1907 AND CITY OF NIIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 34 COMMENDATION PAID LEAVE 34.1 A department director, upon approval by the City Manager, or designee, may grant up to forty (40) hours of paid leave to any employee whose job performance is of such exemplary or heroic nature as to warrant this special consideration. This Article shall not be subject to the grievance procedure or arbitration. Tentati to by: AFSCME Loca 1907 47 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 35 PARKING 35.1 The City agrees to provide non -assigned parking space for all bargaining unit employees who drive their personal automobiles to work. This parking space will be of at no cost to the employee while the employee is on duty. The City will not assume the cost of parking for those employees who may not desire to use the parking space provided by the City. Any questions with regard to employee parking shall be reviewed and a determination made by the Department of Human Resources designee and shall be final and binding. 35.2 The UNION President will meet and confer with the Department of Human Resources designee on parking concerns should the need arise and the Department of Human Resources designee will attempt to resolve said concerns consistent with budgetary constraints. Tentativ Agr jto by: AFSCME Loca \' 907 48 City of Miami AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 36 BLOOD DONORS 36.1 Employees who volunteer as blood donors to contribute to on -site City supported Blood Donor Organizations as approved by the Department of Human Resources designee 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 until they are released to go back to work. Tentativ Agreed p by: AFSCME Local 19 49 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 37 VACATION 37.1 Vacations shall be taken by the last payroll period of the calendar year in which the vacation was credited. Effective upon ratification of the labor agreement, employees shall be allowed to carryover seven hundred (700) hours of the previous year's credited vacation. Any excess vacation over the seven hundred (700) hours allowed carryover shall be forfeited after January 1st and no exceptions to the maximum carryover allowance shall be permitted absent the express written approval of the City Manager. Bargaining unit members with unused accrued vacation hours in excess of two hundred (200) hours as of September 30, 2010, shall have those hours in excess of two hundred (200) grandfathered, and those employees with grandfathered hours over two hundred (200) hours shall be allowed to carryover up to a maximum of those hours or to a maximum of seven hundred (700) hours, whichever is greater, from year to year. Employees who have been carried on full disability the entire previous year shall be paid for all excess vacation over seven hundred (700) hours at the rate of pay the employee was earning at the time the employee was placed on full disability. If an employee is unable to take a previously authorized vacation due to cancellation by the Department Director or designee, any hours in excess of the seven hundred (700) hours which would have been forfeited shall be paid on or about January 1, at the employee's hourly rate of pay. 37.2 Vacation shall be accrued in accordance with the following chart: Years of Services Hours Accrue -0 1/4 - P 50 1 - 5 years 96 hours 6 - 7 years 114 hours 8 years 116 hours 9 years 124 hours 10 years 132 hours 11 years 136 hours 12 years 140 hours 13 years 144 hours 14 years 148 hours 15 years 152 hours 16 - 20 years 174 hours 21 years 176 hours 22 years 180 hours 23 years 184 hours 24 years 188 hours 25 years 192 hours 26 years 196 hours 27 years 200 hours 28 years 204 hours 29 years 208 hours 30 years 212 hours 31 years 216 hours 32+ years 220 hours 37.3 An employee's annual vacation accrual shall be reduced for leaves of absence without pay and suspensions. The employee's annual vacation accrual shall be reduced on a yearly basis in accordance with the following schedule: Hours Without Pay Penalty 88 thru 176 Hours 1 month annual vacation accrual 177 thru 349 Hours 2 months annual vacation accrual 350 thru 522 Hours 3 months annual vacation accrual 51 523 thru 695 Hours 696 thru 868 Hours 869 thru 1041 Hours 1042 thru 1214 Hours 1215 thru 1387 Hours 1388 thru 1560 Hours 1561 thru 1733 Hours 1734 thru 1906 Hours 1907 thru 2080 Hours 4 months annual vacation accrual 5 months annual vacation accrual 6 months annual vacation accrual 7 months annual vacation accrual 8 months annual vacation accrual 9 months annual vacation accrual 10 months annual vacation accrual 11 months annual vacation accrual 12 months annual vacation accrual 37.4 Vacation leave must be requested twenty-four (24) hours in advance of use and shall be taken in increments of not less than one (1) hour. On those occasions where more than one employee in a classification has simultaneously requested vacation leave for the same period of time, the leave shall be granted by classification seniority. Vacation leave may be granted by the Department Director or designee on an emergency basis. Should such request be denied, the employee may only appeal such denial to the Director of Human Resources or designee. Upon an employee's retirement or separation from City service, the employee will be paid for those vacation hours credited and earned through the employee's separation date. 37.5 Vacation shall be calculated on actual service in the previous calendar year and shall only be taken after the completion of six (6) months of actual continuous service. Tentativ AFS ME Loca1E907 by: 52 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 38 SECURITY OPERATIONS 38.1 The City and the UNION and its officers, agents and members recognize there are assignments within the Miami Police Department where security of information is an absolute necessity. Therefore, the Chief of Police at his sole discretion may reject an employee to such assignment within the Miami Police Department when the Chief has reason to believe that there is potential for the Security of the Department to be compromised. 38.2 Upon request of the UNION President, the Department of Human Resources designee will review such denial of assignment. Said review will be final and the decision of the Department of Human Resources designee will be binding and not subject to any appeal procedure. 53 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL MARCH 7, 2024 (PLEASE REFER TO THE 4/26/2012 MEMORANDUM OF UNDERSTANDING FOR SECTION 39.11) ARTICLE 39 SICK LEAVE 39.1 The parties agree that care and discretion shall be exercised by Management and the UNION in order to prevent the abuse of sick leave privileges. Absences on account of trivial indispositions must be discouraged. To determine the extent or reasons for an employee's absence on sick leave, the employee's immediate supervisor outside the bargaining unit or management designee may visit the home of the employee on sick leave with pay. In cases where Management suspects that an employee is malingering, sick leave with pay shall not be granted. 39.2 Permanent bargaining unit employees may accrue eight (8) hours sick leave per month, provided that the employee is in pay status at least one hundred twenty (120) hours per month to be utilized in not less than one (1) hour increments. 39.3 New hires will accrue sick leave in accordance with Section 39.2 above. However, no sick leave with pay shall be granted during the employee's first ninety (90) working days. 39.4 To receive sick leave with pay, a bargaining unit employee must take steps to notify his/her immediate supervisor or the person designated by the Department to receive such notice of illness within thirty (30) minutes of their regularly scheduled time for work, excluding the Fire and Police Departments wherein departmental rules will apply. It shall be the bargaining unit member's responsibility to notify the Department designee each day the employee will be out ill within the time frames outlined above. 39.5 Bargaining unit members may be allowed to use accrued sick leave when needed due to the serious injury or acute illness of any actual dependent member of the employee's household. Said dependent member of the employee's household shall be limited to the employee's immediate family The immediate family shall be defined as father, mother, sister, brother, husband, wife, domestic partner, children, father-in-law, mother-in-law, grandparents, spouse's/domestic partner's parents, grandparents, stepfather and/or stepmother. 39.6 In those instances where an employee has utilized all their sick leave, they will be allowed to utilize vacation and/or compensatory leave for this purpose. Employees will be required to provide a doctor's excuse in these instances. In those instances where a permanent full-time employee or an employee's family member, as defined by the Family Medical Leave Act, is affected by an illness or injury, and the employee has depleted his or her sick leave, vacation leave, and compensatory leave, bargaining unit members may donate vacation, sick and/or compensatory leave to the affected employee's time bank. The time being donated will be prorated in accordance with APM-1-92, Section 3. There shall be no maximum on the number of hours permitted for donation. 39.7 Any employee absent on sick leave for more than three (3) consecutive work days must report to the Department of Human Resources and obtain approval before returning to work. The Department of Human Resources will have the City designated physician prepare a list of those medical illnesses or injury that will require the employee to be sent to the City doctor's office prior to being cleared to return to work. Those medical conditions which are minor in nature and not on the prescribed list will only require the employee to report to the Human Resources Department for clearance to report to work. 39.8 Bargaining unit employees who exercise normal retirement shall receive a cash payment equal to one hundred percent (100%) of their unused accumulated sick leave up to eight hundred and forty-six (846) nine -hundred forty- two (942). Bargaining unit members with accumulated sick leave balances over seven hundred and fifty (750) hours as of September 30, 2010, will have their balances in excess of seven hundred and fifty (750) hours grandfathered. Upon exercising normal retirement bargaining unit members shall be paid for fifty (50%) of those unused grandfathered sick leave hours in excess of seven hundred and fifty (750) hours in their bank. 39.9 Employees who terminate employment with the City under honorable conditions shall receive a sick leave cash payout as follows: More than 7, but less than 15 years of service 25% up to 846 942 hours, or up to a maximum of their unused grandfathered sick leave hours in excess of seven hundred and fifty (750) hours. Mere -than 15 years of service 50% up to 846 942 hours, or up to a maximum of their unused grandfathered sick leave hours in excess of seven hundred and fifty (750) hours. 39.10 Employees who are terminated shall not receive compensation for unused sick leave u n eparati 1. 39.11 f service or retirement. 23.E A a bargaining unit member's maximum sick leave carryover from calendar year to calendar year shall not exceed nine - hundred forty-two (942) night hunaree ana f „t„_,,i , (Q46) hours or the number of unused accumulated sick leave hours in excess of the seven hundred and fifty (750) hours grandfathered as of September 30, 2010, and any hours accrued in excess of the maximum carryover in a given year are not permitted to be carried over by the bargaining unit member. Bargaining unit members with unused accumulated sick leave hours in excess of maximum carryover at the end of the year shall be paid for one hundred percent (100%) of the unused portion of their accumulated sick leave in excess of the maximum carryover. 39.12 Payoff for accumulated sick leave shall not be used to calculate average earnings for pension purposes. 39.13 Employees with ten (10) or more years of service who are laid off under honorable conditions may repurchase sick leave for which they were paid off at the time of separation, subject to the following conditions: 1) They are rehired within twelve (12) months from the date of their separation. 2) They remit to the City an amount equal to their hourly rate in their rehired position multiplied by the number of hours of sick leave for which they were previously paid. This buy back option must be exercised and paid for within thirty (30) days from the date the employee returns to the employ of the City. 3} If the buyback option is properly exercised, the City will credit the employee with the balance of sick leave hours credited to his account as of the date the employee was laid off. 39.14 In recognition of those employees who display perfect attendance in any one calendar year, the City will present the employee with a certificate of appreciation. There will be an annual drawing of one hundred (100) employees by an individual selected by the Director of Human Resources or designee and the UNION President from the pool of eligible employees with perfect attendance. Each of the one hundred (100) employees whose name is drawn shall receive a one hundred dollar ($100) cash prize. In order to qualify for perfect attendance recognition, the employee must not have utilized any sick leave, nor been on disability, nor have been in any without pay status during the year. Tentatly A, feed to by: 44 i AFSCME Loca 1907 ARTICLE 40 TARDINESS 40.1 Tardiness is reporting for work in excess of five (5) minutes beyond the scheduled starting time of the shift (or as provided in Police or Fire Department rules). Approved pre- arranged time off shall not be considered an instance. Unexcused absences resulting in tardiness shall be counted as an "instance." When an employee reports to work within a period that is more than five (5) minutes after his/her scheduled starting time, and provides an excuse that is acceptable in the sole discretion of Management, which shall not be arbitrarily or capriciously applied, the employee may elect to utilize vacation, compensatory time or sick leave. Election of vacation, compensatory time or sick leave for an excused tardiness shall be taken in fifteen (15) minute increments. An annual period shall be defined as a twelve (12) month period beginning with the occurrence of the employee's first tardiness instance. Management may, in its discretion, allow an employee to utilize vacation, compensatory time or sick leave for a tardiness even if the tardiness is unexcused. 40.2 Employees shall be disciplined for instances of tardiness in an annual period in accordance with the following schedule: Number of Tardy Instances Discipline 3rd instance in annual period Written warning 6th instance in annual period 10th instance in annual period llth instance in annual period 12th instance in annual period Written reprimand Three (3) day suspension Fourteen (14) day Suspension Dismissal Disciplines issued pursuant to the schedule shall not be considered for purposes of progressive discipline after the annual period expires. 63 40.3 Tardiness appeals shall only be appealable through the Grievance Procedure Article as set forth in the Agreement. Exceptions to the above schedules may be granted by the Director of Human Resources or designee, if the individual circumstances warrant such action. For e Ci Date: /0(c9((/ a 3 64 ARTICLE 41 FAMILY MEDICAL LEAVE AND LEAVE WITHOUT PAY 41.1 Bargaining unit members may request a leave without pay in accordance with the Family and Medical Leave Act of 1993, as amended. Such leave is provided under the law for birth, adoption or foster care of a child and for a serious health condition of the employee or the employee's spouse, child, parent or grandparent, eligible deployment return from deployment rights or any other FMLA eligible event. Employees taking leave under the Family and Medical Leave Act (FMLA) shall be limited to a ninety (90) day FMLA leave, or twenty-six (26) workweeks FMLA leave for the care of a covered service member, in a 12-month period. An extension of an additional ninety (90) day of leave without pay may be granted upon request to the Director of Human Resources or designee as specified under Section 41.3. Upon approval of such extension, the employee will be required to pay the full premium amount for health insurance coverage. 41.2 Upon approval of the Department Director, with the approval of the City Manager or the Director of Human Resources or designee, a leave without pay may be granted, for the purpose of training or study calculated to improve the quality of the employee's service to the City through course work directly related to the employee's job for up to six (6) months. The request for leave without pay may be extended for an additional six (6) months upon the approval of the Department Director and approval of the City Manager or the Director of Human Resources or designee. Any bargaining unit employee requesting said leave of absence shall be required to submit evidence of registration upon entering each quarter/semester of school. 92 41.3 Upon approval of the Department Director, with the approval of the City Manager or the Director of Human Resources or designee, a leave without pay may be granted, for an acceptable reason other than specified herein, for a period not to exceed ninety (90) day calendar days. Approval for said leave of absence without pay is at the sole discretion of the City Manager or Director of Human Resources or designee and shall not be appealable to the Civil Service Board or the grievance procedure. 41.4 Bargaining unit employees who desire to take a leave without pay for any reason specified in this Article, excluding a serious health condition, must exhaust their vacation and leave banks prior to taking a leave without pay. A request for leave without pay for a serious health condition as provided under the Family and Medical Leave Act shall require the bargaining unit employee to use all sick and vacation banks prior to taking such leave. The usage of such leave time will not prohibit the employee from taking leave without pay as specified herein. 41.5 Bargaining unit employees who take a leave without pay for any reasons specified in this Article shall not accrue leave time. At the expiration of a leave of absence without pay, the bargaining unit employee shall be returned to the same or similar position vacated when said leave of absence without pay was granted, in accordance with the provisions of the Family and Medical Leave Act. Leave of absence without pay during the required probationary period of service shall extend the probationary period the length of time used during the said leave of absence without pay. 93 -/•f 41.6 The acceptance of another position or engaging in other employment by the bargaining unit employee while on a leave of absence without pay shall be deemed a voluntary resignation frq the service of the City of Miami. For the Date 94 For the Union AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 42 LABOR/MANAGEMENT PARTNERSHIP COMMITTEES 42.1 A Departmental Labor/Management Partnership Committee may be established in each department of the City of Miami. Said Committee membership shall include representatives from classified support staff (M/C), unclassified staff, executives and the AFSCME bargaining unit dues and non -dues paying members. 42.2 The Departmental Labor/Management Partnership Committee may meet at least once a month, and such meetings shall be scheduled during normal business hours. The purpose of these meetings will be to discuss quality of work -life, productivity, service, communication and objectives of mutual concern, not involving matters which have been or are the subject of collective bargaining between the parties. It is understood that these Departmental Labor/Management Partnership Committee meetings shall not be used to renegotiate the labor agreement between the City and AFSCME. All decisions made by the Departmental Labor/Management Partnership Committee shall be by affirmative consensus. 42.3 The Departmental Labor/Management Partnership Committee meetings shall be conducted on a semiformal basis with the selection of a chairperson to be determined by the members of the Committee. Length of participation of Committee members shall be determined by the Departmental Labor/Management Partnership Committee. The chairperson shall 54 arrange for minutes to be taken of each meeting and for the distribution of copies to each member of the Committee, the UNION President, and the City's Human Resources Director or designee. Tentativ y Agre o by: AFSCME Local 1907 City of 55 ARTICLE 43 BEREAVEMENT - DEATH IN FAMILY 43.1 Bargaining unit members may, in the case of death in the immediate family, be authorized up to a maximum of forty (40) hours of paid leave to attend to funeral or estate related functions of a member of the employee's immediate family, or is at home in a state of bereavement. Said paid leave days shall be taken consecutively by the employee excluding normal days off and holidays. For purposes of this Article, the "immediate family" is defined as father, mother, sister, brother, husband, wife, domestic partner, children, father-in-law, mother-in-law, grandparents, spouse's/domestic partner's parents, grandparents, grandchildren, stepchildren, stepfather and/or stepmother and may include any other person who was or has been an actual member of the employee's household for ten (10) or more years. Within thirty (30) calendar days from the date the employee returns from a death in the family, the employee will file a copy of the death certificate of the deceased family member. Said death certificate will be attached to the form provided by the City and submitted to the Human Resources Department. Failure to produce the death certificate will result in the employee reimbursing the City for any days taken under this Article. Any employee found to have falsified his/her application for death in the family ("K" day) will be dismissed. 43.2 It is understood that under certain circumstances the employee will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the employee shall submit a notarized statement or any other documentation that reflects the death and family relation as deemed appropriate by the Department of Human Resources or designee. 43.3 Bereavement leave is for attending a funeral or to attend to estate issues or in a state of bereavement and must be taken within 45 days of the death of the family member. The Director of the Department of Human Resources or designee, at his/her sole discretion, can make exceptions to the 45 day limit under truly unique circumstance, but the decision is final and cannot be appealed through the grievance procedure or any other forum. 68 Date: Novt)-? Foi'the Unibn 69 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 44 MILITARY LEAVE 44.1 The City shall abide by the current provisions of the Florida Statutes, Sections 115 and 250 as they relate to all bargaining unit employees who are either reserve officers or enlisted personnel in the Florida Defense Force, the National Guard, Naval Militia, Marine Corps, U.S. Army Reserve, U.S. Naval Reserve, U.S. Marine Corps Reserve, U.S. Coast Guard Reserve, U.S. Air Force Reserve or officers or enlisted personnel in any other class of the militia entitling the employee to leave of absence from their respective duties without loss of pay, time, efficiency rating or Civil Service seniority credits on all days during which they shall be engaged in field or Coast Guard defense exercises or other training ordered under the provisions of the U.S. Military or Naval Training regulations or under the provisions of the Florida Defense Force or the National Guard; provided that leaves of absence granted as a matter of legal right under the provisions of this section shall not exceed seventeen (17) days in any one calendar year unless other local, state or Federal laws which may be applicable grant additional time. 44.2 Requests for military leave shall be made to the Department of Human Resources designee as early as possible but at Least two (2) weeks prior to the date such leave commences with proper orders attached. 44.3 Employees who take the military leave provided in this section shall be credited with that time on their seniority status, in the City of Miami Civil Service Records -Department of Human Resources. Tentativel, Agre t • o by: AFSCME Local 1 907 City of Miami 58 ARTICLE 45 HOLIDAYS 45.1 The following days shall be considered holidays: New Year's Day Columbus Day/Indigenous Peoples' Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Day after Thanksgiving Labor Day Christmas Day Dr. Martin Luther King's Birthday Juneteenth 45.2 Any additional holidays declared by official directive of the City Manager shall be added to the above list. 45.3 Hourly/Non-Exempt employees performing work on any of the above holidays shall be paid eight (8) hours holiday pay (or the number of hours equal to the employee's regularly scheduled daily work shift, whichever is greater) plus actual hours worked at time and one-half of their straight time hourly rate, or shall be given scheduled compensatory time off at the rate of time and one-half for the hours actually worked on the holiday. Non-hourly/Exempt employees performing work on any of the above holidays shall, in addition to receiving their regular salaries, have their schedules temporarily adjusted during the same week, resulting in the employees having another day off in lieu of the City recognized holiday. 45.4 All conditions and qualifications outlined in Article 27, titled "Overtime/Compensatory Time", shall apply to this Article. Hours of compensatory time accumulated under this Article, when added to the compensatory time earned under the Article entitled "Overtime/Compensatory Time", shall not exceed one hundred fifty (150) hours. 45.5 To be eligible for holiday pay, an employee must work a full shift or be in a paid leave status on the scheduled workdays which immediately precede and follow the holiday. If an employee works at least seven (7) hours of his/her regular shift, the employee will either be charged one (1) hour from either his/her compensatory time or vacation leave bank, or carried in without pay status at the sole discretion of the supervisor. An employee who works at least seven (7) hours as described in this section shall be eligible for holiday pay. 45.6 In the event that the holiday falls on an employee's regularly scheduled day off (not requested day off), the following will occur. For hourly/non-exempt employees, the City will award compensatory time equivalent to that employee's regularly scheduled daily work shift, which may be utilized in accordance with Article 27. For non-hourly/exempt employees whose scheduled day(s) off corresponds with a City -recognized holiday, the City will temporarily adjust the employee's schedule during the same week, resulting in the employee having another day off in addition to the Citrecognizedholiday. For t e Cit /3f— oa Date 17 For the ' nion rP G ARTICLE 46 PROMOTIONS 46.1 Qualified applicants for promotion to any bargaining unit position shall be selected for interview in the following order, unless otherwise prohibited: 1) A minimum of seven (7) bargaining unit applicants employed in the same Department in which the vacancy exists (so long as at least seven (7) bargaining unit members within that Department apply), and 2) Other applicants. For purposes of clarity, if the City interviews more than seven (7) applicants for an open bargaining unit position for whatever reason, the City may interview bargaining unit and/or non -bargaining unit applicants outside of the Department and/or outside of the City once they have complied, c'ith subsection 1, above. For the City Date: 2 a'' AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 47 RESIDENCY 47.1 It is agreed by the parties that while residency is not a condition of employment a candidate that is otherwise equally qualified will be given, at time of hire, preference for employment in order of domicile as follows: (1) City of Miami resident, (2) Miami -Dade County resident, (3) resident outside of Miami -Dade County. Tentatively by: AFSCME Local 1907 59 ARTICLE 48 TOTAL AGREEMENT 48.1 This Agreement, upon ratification, constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term. 48.2 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. 48.3 The parties agree that this Collective Bargaining Agreement represents the total agreement for terms and conditions of employment during the life of this contract and no request shall be made to increase wage or other employee benefits through the Civil Service Board, City Manager or the City Commission during the life of this Collective Bargaining Contract. For the Uniaj� Date: /(/ a-_3 73 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 49 SAVINGS CLAUSE 49.1 In the event any article, section or portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction, such decision shall apply only to the specific article, section or portion thereof specified in the Court's decision, and that portion of this Agreement in conflict shall be null and void but the remainder of the Agreement shall remain in full force and effect, with it being presumed that the intent of the parties was to enter into the Agreement without such invalid portion or portions. 49.2 The City's representatives as defined in Article 2 and the UNION's representatives as defined in Article 3 shall promptly meet to negotiate a substitute for the invalidated article, section or portion thereof as might be determined in accordance with Section 49.1 of this Article. 49.3 Notwithstanding any other provisions of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. Tentati e y Ag.( s to by: AFSCME Loca `l: 07 City of M 61 ARTICLE 50 SENIORITY 50.1 For purposes of this article, seniority shall be defined as the most recent date of hire into a classification within the bargaining unit with the City unless otherwise agreed upon by the UNION President and the Director of Human Resources or designee. 50.2 Seniority shall only be applied in the assignment of days off in units with two (2) or more shifts. Seniority shall not be a prevailing factor for assignment or promotion to a unit, section or division within a department. 50.3 Exceptions to the use of seniority as specified in 50.2 may occur in an emergency situation, when physician ordered, for training purposes, when language skills are needed, compliance with the Americans with Disabilities Act, when special knowledge or skills are needed as mutually agreed upon by the City and the UNION, or when mutually agreed by the affected employees and management through the labor/management process. 50.4 Once every October, shift assignment and days off will be re -bid by seniority. For e Cit Date: For the Union 7-1 AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS UNION PROPOSAL FEBRUARY 1, 2023 ARTICLE 51 LEAVE BALANCE PAYOFFS 61.1 Employees electing to retire and upon separation will receive payment of leave balances upon retirement as currently specified under this agreement. Tentativelto by: AFSCME Local 62 ARTICLE 52 PENSION 52.1 The parties agree that for the term of this agreement the pension benefits and employee contributions of employees covered by this agreement shall be as provided in the City of Miami General Employees' and Sanitation Employees' Retirement Trust Section 40-241 through 40-290, Miami City Code ("GESE"), as amended except as follows: 52.2 The parties agree that effective October 1, 2011, the GESE amortization periods will be revised to add 5 years to the existing amortization periods and change periods for future amortizations as follows: A. Plan benefit changes for active employees over 20 years (currently 15). B. Plan benefit changes for retired employees over 15 years (no change). C. Assumption changes over 20 years (currently 15). D. Experience Gains and Losses over 20 years (currently 15). 52.3 Effective upon ratification, member retirement allowance shall not exceed the lesser of 100% of the member's average final compensation or an annual allowance of $120,000 as of retirement or DROP entry based on the normal form of benefit in effect on the date of retirement for members eligible to retire as of October 1, 2012; and effective October 1, 2022, member retirement allowance shall not exceed the lesser of 100% of the member's average final compensation or $100,000 as of retirement or DROP entry based on the normal form of benefit in effect on the date of retirement for members who were not eligible to retire as of October 1, 2012; provided that any employee who has an accrued benefit in excess of these annual allowance caps shall retain that benefit. 52.4 BACKDROP option. A backdrop benefit option shall be implemented on January 1, 2013. The Backdrop option shall replace the existing DROP program. Employees who have not attained normal retirement eligibility as of the effective date or were not vested by October 1, 2010, and all employees hired on or after that date, will be eligible for the Backdrop option, but will not be eligible for the DROP. Anyone eligible for the forward DROP as of January 1, 2013, remains eligible for the forward DROP as it presently exists and anyone eligible for the forward DROP as of January 1, 2013 or vested prior to October 1, 2010, who chooses not to enter the forward DROP remains eligible for the Backdrop. (a) An eligible employee who elects the Backdrop option shall receive a monthly benefit payable on the employee's actual retirement date (date of retirement and separation from City employment) based on the benefit the employee would have received if he/she had left City employment and retired on an earlier date after attaining normal retirement eligibility (the Backdrop date"). In addition, an eligible employee who elects the Backdrop option will receive a lump sum payment equal to the accumulation of monthly retirement benefit payments he/she would have received during the period following the Backdrop date through the actual retirement date (Backdrop period"), plus interest at the rate of 3% per year, compounded annually. An eligible employee may elect a minimum Backdrop period of 1 year and maximum Backdrop period of up to seven years. An eligible employee who elects the Backdrop option must select the normal form of benefit or an optional form of benefit at the time of electing the J Backdrop option. The employee's monthly benefit as well as the lump sum payment under the Backdrop option is based on the form of benefit selected. (b) Employees are eligible to elect the Backdrop option after completing one year of creditable service following the normal retirement date. A Backdrop election must be made within 10 years after becoming eligible for normal retirement. The maximum Backdrop period is 7 years. Eligible employees who wish to elect the Backdrop option must provide written notification to the City at least 8 months prior to the employee's retirement date; provided a lesser notice period may be approved by the City Manager due to special circumstances. Bargaining unit members will be eligible to revoke their Backdrop election one time, but within 1 month of their election. However, if a bargaining unit employee is granted a lesser notice period by the City Manager due to special circumstances, the employee will not be eligible for the one-time Backdrop election revocation. Employees are not required to elect the Backdrop option. (c) All or a portion of the lump sum payment under the Backdrop option may be rolled over to an eligible retirement plan or IRA in accordance with federal law. 52.5 The employee pension contribution shall be 10%. If the back DROP is ever terminated, for any reason, the rights of all persons then in the DROP shall not be diminished or impaired. Additionally, if the back DROP is ever terminated, all persons who are then eligible for a back DROP will still be eligible for a 7 year back DROP. The Board of Trustees of GESE shall develop operational rules for the implementation of this provision. 52.6 The service retirement benefit for employees hired prior to October 1, 2010 shall be equal to three percent (3%) of the member's highest one year of compensation multiplied by 3 the number of years of creditable service. The service retirement benefit shall be based on a member's total creditable service and the benefit multiplier set forth in this provision (not the benefit multiplier in effect at the time the service is earned), multiplied by average final compensation in effect at the time of retirement or separation from employment. Effective October 1, 2023, the service retirement benefit for employees hired after October 1, 2010 shall be equal to: for the first 20 years of creditable service, two and one-half percent (2Vi%) of the member's average final compensation multiplied by the number of years of creditable service; and three percent (3%) of the member's average final compensation multiplied by the number of years of creditable service in excess of 20 years. The service retirementbenefit shall be based on a member's total creditable service and the benefit multiplier set forth in this provision (not the benefit, multiplier in effect at the time the service is earned), multiplied by average final compensation in effect at the time of retirement or separation from employment. 62.7 Upon retirement, bargaining unit members shall receive a retroactive salary increase of five percent (5%) for the bargaining unit member's highest one (1) year's salary. The five percent (5%) salary increase shall be reflected in the hourly pay rate for the purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not be applicable to overtime. 52.8 For employees hired prior to October 1, 2010, effective September 30, 2020, a member who separates from employment with ten or more years of service shall be considered eligible for a service retirement upon attaining the earliest of the following; (a) age 55 with ten 4 tk)-(1 years of creditable service, or (b) the completion of a combination of years of creditable service plus attained age equaling 70 points. 52.9 Effective September 19, 2022, notwithstanding any provisions to the contrary in this Agreement, including 52.4, the maximum period of participation in the DROP shall be 84 months. The backdrop option shall not replace the DROP program. All bargaining unit employees who attain normal retirement eligibility shall be eligible for the forward DROP as amended, and any bargaining unit employee who chooses not to enter the forward DROP shall be eligible fo>• e backdrop. /1) For the City Date: rd.� For the Union 5 ARTICLE 53 TERM OF AGREEMENT 53.1 After a majority vote of those bargaining unit employees voting on the question of ratification and thereafter upon its ratification by an official resolution of the City Commission ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the City, then, the Agreement, upon being signed by the appropriate UNION representatives and the City Manager, shall become effective October 1, 20230 or as set out below, whichever date is later. The Agreement shall continue in force and effect until 11:59 p.m., September 30, 20263. 53.2 On or before February 1, 20263, the UNION shall notify the City in writing of its intention to renegotiate the Agreement in force, and attached thereto shall include a list of proposals which shall inform the City of the items which they desire to negotiate, together with specific language embodying and describing their proposals. The changes indicated in the proposals shall be designated with a strike through of deleted language and new language will be underlined. 53.3 On or before March 1, 20263, the City shall present the UNION with a list of proposals it desires to negotiate. The changes indicated in the proposals shall be designated with a strike through of deleted language and new language will be underlined. 53.4 Initial discussions shall thereafter, and no later than April 1, 20263, be entered into by the City and the UNION. Agreed to this day of , 20244, by and between the respective parties through an authorized representative or representatives of the UNION and by the City Manager. ATTEST: MIAMI GENERAL EMPLOYEES AFSCME LOCAL #1907, AFL-CIO ATTEST: ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTOENEY For the City F r the Union 3-7-( Date: 3 ARTICLE 54 HEALTH AND SAFETY 54.1 It is the responsibility of the City to provide safe and sanitary working conditions and to abide by all applicable state and federal laws and regulations regarding the health and safety of the bargaining unit. 542 The City agrees to follow the guidelines issued by the Centers for Disease Control and Prevention (CDC) relating to COVID-19. 54.23 Employees shall be permitted to wear facial coverings while at work. 54.34 Soap and hand sanitizer shall be readily available in all bathrooms. 54.45 Both parties agree to engage in continuous labor management discussions over issues related to COVID-19 as they may arise. For the City Date 17 or the Union MEMORANDUM OF UNDERSTANDING City of Miami & AFSCME, Local 1907 This Memorandum of Understanding is entered into this day of , 2012 between the City of Miami ("City") and the Miami General Employees, American Federation of State, County, and Municipal Employees, Local 1907, (jointly "the Parties") to clarify the 2011-2012 collective bargaining agreement ("CBA") as follows: WHEREAS, the Parties mutually agree to clarify Article 4.1, Article 24.7 and Article 39 of the existing CBA to reflect the intent of the Parties during collective bargaining negotiations; and NOW THEREFORE, the Parties agree as follows: 1. ARTICLE 4 — MANAGEMENT RIGHTS WHEREAS, Article 4 specifically 4.1 provides "The parties agree to a sunset provision that begins at the ratification of this labor agreement wherein any MOU that is not included with the labor agreement prior to the expiration of this agreement will be considered null and void..." NOW THEREFORE, the Parties agree that the MOU's in existence on September 30, 2011 (attached hereto) shall be incorporated as part of the 2011-2012 collective bargaining agreement between the parties. II. ARTICLE 24.7 — WAGES W HFRFAC Article 24 specifically Article 74.7 provides "%grilling Unit employees who are assigned a 24-Hour Take Home Vehicle and who reside within the city limits of the City of Miami shall reimburse the City $50 a month for the benefit of the assigned 24-Hour Take Home Vehicle..." NOW THEREFORE, the Parties agree that Bargaining unit employees who are assigned a 24-Hour Vehicle and who reside within the city limits of the City of Miami shall not reimburse the City for the benefit of the assigned 24-Hour Take Home Vehicle. III. ARTICLE 39 — SICK LEAVE WHEREAS, Article 39 specifically Article 39.11 provides "Bargaining unit members with unused accumulated sick leave hours in excess of the maximum carryover at the end of the year shall be paid for one hundred percent (100%) of unused portion of their accumulated sick leave in excess of the maximum carryover. 1 NOW THEREFORE, the parties agree Bargaining unit members with unused accumulated sick leave hours in excess of the maximum carryover at the end of the year shall not be paid for any unused portion of their accumulated sick leave in excess of the maximum carryover. ON BEHALF OF THE UNION: Anthony Hatten President, AFSCME Local 1907 2 ON BEHALF OF THE CITY: f ,00 Johnn ). Martinez City nager