HomeMy WebLinkAboutExhibit 2AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
MIAMI GENERAL EMPLOYEES
AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES
LOCAL 1907, AFL-CIO
October 1, 2007 -- September 30, 2010
TABLE OF CONTENTS
Page
Agreement 1
Preamble 1
Article 1 Recognition 1
Article 2 Representation of the City 2
Article 3 Representation of the Union 2
Article 4 Management Rights 4
Article 5 No Strike 5
Article 6 Discrimination 8
Article 7 Prevailing Benefits 9
Article 8 Attendance At Meetings/Union Time Pool 9
Article 9 Union Stewards 14
Article 10 Contract Distribution 15
Article 11 Notices 16
Article 12 Bulletin Boards 16
Article 13 Dues Checkoff 17
Article 14 Grievance Procedure 19
Article 15 Employees' Bill of Rights 26
Article 16 Disciplinary Procedures 27
Article 17 Loss of Employment 29
Article 18 Employee Evaluation 32
Article 19 Anniversary Increase 33
Article 20 Employees Acting Within the Scope of Authority 35
Article 21 Working Out of Classification 35
Article 22 Rest/Lunch Periods 37
Article 23 Line of Duty Injuries 37
Article 24 Wages 43
Page
Article 25 Pay Supplements 47
Article 26 Salary Basis/Exempt 50
Article 27 Overtime/Compensatory Time 51
Article 28 Group Insurance 54
Article 29 Uniforms and Safety Shoes 62
Article 30 Tool Allowance 64
Article 31 Tuition Reimbursement 65
Article 32 Call Back Pay 68
Article 33 Jury Duty/Court Appearance 69
Article 34 Commendation Paid Leave 71
Article 35 Parking 71
Article 36 Blood Donors 72
Article 37 Vacation 72
Article 38 Security Operations 75
Article 39 Sick Leave 75
Article 40 Tardiness 80
Article 41 Family Leave and Leave Without Pay 82
Article 42 Labor/Management Partnership Committees 84
Article 43 Death in Family 85
Article 44 Military Leave 86
Article 45 Holidays 87
Article 46 Accident Review Board 89
Article 47 Residency 89
Article 48 Total Agreement 90
Article 49 Savings Clause 90
Article 50 Overtime Distribution 118
Article 51 Seniority 93
Article 52 Leave Balance Payoffs 94
Article 53 Pension 94
Page
Article 54 Term of Agreement 99
Appendix A 102
Appendix B 112
AGREEMENT
This Agreement, entered into this day of 2007, between
the City of Miami (hereinafter referred to as the "City") and the MIAMI GENERAL
EMPLOYEES AFSCME LOCAL 1907, AFL-CIO, (hereinafter referred to as the
"Union").
PREAMBLE
WHEREAS, it is the intention of the parties to this Agreement to set forth
herein the entire agreement of the parties concerning matters which are within the
scope of negotiation:
NOW, THEREFORE, the parties do agree as follows:
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
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APPENDIX A of the Agreement and excludes all classifications listed in
APPENDIX B of the Agreement.
ARTICLE 2
REPRESENTATION OF THE CITY
2.1 The City shall be represented by the City Manager, the Director of
Employee Relations or designee„ or a person or persons designated in writing to the
Union by the City Manager. The City Manager, the Director of Employee Relations
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.
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 Employee
Relations 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 a 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 Labor Relations/Deputy Director of Employee Relations 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)
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employee representatives are the Union President and the full-time release
designee, then only two (2) employees may be released from duty with no loss of pay
or emoluments.
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 Understanding(s) (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 MOUs 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 prior to the expiration of this agreement will be considered null and
void.
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The rights of the City, through its management officials, shall
include, but shall not be limited to, the right to determine the organization of City
Government; to determine the purpose of each of its constituent departments; to
exercise control and discretion over the organization and efficiency of operations of
the City; to set standards for 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 suspend,
demote, discharge, or take other disciplinary action against employees for proper
cause; to increase, reduce, change, modify or alter the composition and size of the
work force, including the right to relieve employees from duties because of lack of
work or funds; 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.
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
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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
of 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.
4.6 The City retains the right to establish, and from time to time to
amend, rules and regulations not in conflict with this Agreement.
ARTICLE 5
NO STRIKE (NO LOCKOUT)
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
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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 a work stoppage or any other
interruption of the operations of the City.
5.3 Each employee 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 employees
violating this Article or the law to return to work, and to disavow the strike
publicly.
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5.4 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.
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 discrimination by an employee against the City, its
officials or representatives, 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.
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6.5 The Union shall not be required to process the grievance of a non-
union member.
ARTICLE 7
PREVAILING BENEFITS
7.1 Job benefits heretofore authorized by the City Manager continuously
enjoyed by all employees covered by this Agreement as of September 30, 1973, and
not specifically provided for or abridged by this Agreement, shall continue upon the
conditions by which they had been previously granted.
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 Chapter 447, Part II,
Florida Statutes.
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
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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
3,500 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 Employee Relations
or designee. It is understood on rare occasions the seven (7)
day time limit may not be met. The President shall forward
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a detailed explanation to the Director of Employee Relations
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.
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F Upon written request to the Director of Employee Relations
or designee, the President of the Union, and a designee will
be released for the term of this Agreement from his/her
regularly assigned duties for the City. The terms of this
agreement for such release are only to be implemented if the
following qualifications are met by the Union:
1. The Union President or designated representative, 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 designee 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.
G. 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.
8.3 All applicable rules, regulations and orders shall apply to any
bargaining unit members on time pool release. Violations of the above -mentioned
rules, regulations and orders shall subject the bargaining unit members 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 members 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.
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ARTICLE 9
UNION STEWARDS
9.1 Employees within the bargaining unit shall be represented by
Stewards in areas of the City employment in the number and manner set forth in
Section 9.7. The Union shall furnish Management a list of the Stewards' and
alternate Stewards' names and their assigned areas, and shall keep the list current
at all times.
9.2 When requested by an employee, a steward may only investigate any
alleged or actual grievance in his/her assigned steward area as provided in Section
9.7. 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
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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.
9.6 An alternate steward may be appointed for each steward as provided
for and assigned in Section 9.7. 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 shall apply to alternate stewards as well as regular stewards.
9.7 Responsibility areas (location) and number of Union Stewards:
A. Recreation Personnel (1)
B. Police Department Building (2)
C. Miami Riverside Center (2)
D. Parks Operations, and Public Works Operations (2)
E. All General Service Administration Divisions, and Department
of Solid Waste (2)
F. Fire Garage and Stadiums (1)
ARTICLE 10
CONTRACT DISTRIBUTION
10.1 The employer agrees to furnish copies of this contract to each
department director where Union members are employed and said department
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directors shall make the contract available for employee examination at the
employee's request.
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.
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
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Board. Notices or announcements posted must be dated and must bear the
signature of the Union President or his 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.
ARTICLE 13
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 bargaining unit who individually make such request
on a written checkoff authorization form provided by the City. Such deduction will
be made by the City when other payroll deductions are made and will begin with
the pay for the first full pay period following receipt of the authorization by the
City. The 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
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representative as designated in writing by the Union. The City shall deduct from
the remittance an amount for the cost of dues checkoff. 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 checkoff register.
13.4 In the event an employee's salary earnings within any pay period,
after deductions for withholding, Social Security, retirement, group health
insurance, and other priority deductions, are not sufficient to cover dues and any
uniform assessments, it will be the responsibility of the 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) clays' written notice that he/she is terminating the prior checkoff 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 any 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
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this Article which are in excess of the amount of dues and/or uniform assessments
which the City has agreed to deduct.
13.7 The City will not deduct any Union fines, penalties or special
assessments from the pay of any employee.
13.8 The dues checkoff authorization form provided by the City shall be
used by employees who wish to initiate dues deduction.
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
nonidentification of specific violations of the Agreement shall be denied and not
eligible to advance through the steps of the Grievance Procedure, including
arbitration.
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14.3 Nothing in this Article or elsewhere in this Agreement shall be
construed to permit 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 employees covered by this
Agreement shall make an exclusive election of remedy prior to filing a 2nd Step
Grievance or initiating action for redress in any other forum. Such choice of remedy
will be made in writing on the form to be supplied by the City.
The Election of Remedy form will indicate whether the aggrieved
party or parties wish to utilize the Grievance Procedure contained in this
Agreement or process the grievance, appeal or administrative action before a
governmental board, agency or court proceeding. Selection of redress other than
through the Grievance Procedure contained herein shall preclude the aggrieved
party or parties from utilizing said Grievance Procedure for adjustment of said
grievance. An employee as a condition of relying upon this contractual provision or
any other Article of this Agreement in a grievance proceeding expressly waives any
further statutory, constitutional or common law right to sue upon any similar claim.
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
Employee Relations 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 five (5) working days of the
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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 five (5) working days.
Where a grievance is general in nature in that it applies to a number of
employees having the same issue to be decided, or if the grievance is directly
between the Union and the City, or when a 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. 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 Employee Relations 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 by completing the
Election of Remedy form provided for in Section 14.4 of this Article before
initiating the grievance to the second step of the Grievance Procedure. 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. When the Election of Remedy form indicates
the grievance is to be advanced through the Grievance Procedure, the
employee or the Union Representative shall reduce the grievance to writing
on the standard form provided for this purpose and presenting such written
grievance to the Department Director concerned within five (5) 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 five (5) 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
Employee Relations or designee within seven (7) working days from the time
the Step 2 response was due in Step 2. The Director of Employee Relations
or designee shall meet with the employee and/or the Union President and
shall respond in writing t.o the Union within seven (7) working days from
receipt of the appeal.
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Step 4.
If the Grievance is not settled at Step 3, it may upon written request of the
Union President within seven (7) 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 not under the rules of the American Arbitration Association.
Subject to the following, the arbitrator shall have jurisdiction and authority to
decide a grievance as defined in this Agreement. The arbitrator shall have no
authority to change, amend, add to, subtract from or otherwise alter or supplement
this Agreement or any part thereof or any amendment thereto. The arbitrator shall
have no authority to consider or rule upon any matter which is stated in this
Agreement not to be subject to arbitration or which is not a grievance as defined in
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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 (1/2) 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.
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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 limited
solely to hearings under Rule 16.
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 effortto contact the employee's
choice of representative, but shall not be obliged to delay the interview for more
than thirty (30) minutes.
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.
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15.3 At the commencement of the interview, the employee shall be advised
of the subject matter of the investigation.
15.4 The parties agree to abide by the law with respect to the use of
polygraphs.
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
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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 The process of an appeal to the Civil Service Board or a grievance
under this Agreement, shall be an exclusive election of remedy by the employee and
shall be a waiver of all other forums of review and due process to which the
employee may otherwise be entitled.
16.5 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 shall be returned to a former
classification in which the employee held permanent status or be discharged if in an
entrance position upon being notified in writing by the Department Director.
16.6 Employees are subject to such examinations as inay be required by
the City to determine if they are under the influence of alcohol or a controlled
substance; or may have been using, possessing, dispensing or selling controlled
substances, unlawful, mind -altering, or non -physician prescribed drugs.
Management will attempt to enroll employees in such drug or alcohol rehabilitative
programs as are available to those individuals who voluntarily come forward.
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Management will encourage employees to voluntarily seek help for alcohol or
controlled substances abuse. Such request for assistance shall be denied if the
individual seeking help is currently involved in or facing the disciplinary process.
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. An employee who voluntarily submits a
resignation either orally or in writing shall have the right to
withdraw said resignation for up to twenty-four (24) hours
from submission. If submission occurs on a day preceding a
weekend or holiday or the employee's regular day off, the
employee shall have to the close of the employee's next regular
working day to withdraw said resignation.
3. Abandonment of position. An employee absent for a period of
three (3) workdays without notification of valid reason to the
City and who has no legitimate reason for not notifying the
City of his/her absence, may be considered as having resigned.
Said resignation shall only be reviewed, if applicable, by the
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City Manager or the Director of Employee Relations 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 Employee
Relations or designee.
6. Retirement.
7. Layoff for a continuous period of eighteen (18) months.
17.2 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
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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 Employee Relations 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 t.o a two (2) person committee made up of the
Director of Employee Relations 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.
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
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City will make a good faith effort to place the individual demoted or laid off
consistent with the language of Section 17.2.
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
Employee Relations Department.
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
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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 a
Communications Operator 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 Employee Relations or
designee.
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 to show cause why he/she should not be removed, suspended, or
reduced in grade. Should an employee covered by this section feel the
unsatisfactory rating was incorrect, he may grieve the rating consistent with the
Grievance Procedure. However, any grievance concerning the employee's
unsatisfactory evaluation will be consolidated -with any discipline appeal should the
employee be removed, suspended or reduced in grade because of the unsatisfactory
evaluation.
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. Those employees receiving approved
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anniversary increases when submitted during the first seven (7) days of the payroll
period, shall receive the higher rate of pay for the full pay period. Those employees
receiving approved increases from the eighth (8th) to the fourteenth (14th) day of
the payroll period shall receive their anniversary increase effective the start of the
following pay period. All anniversary increases shall be subject to review for
accuracy by the Department of Employee Relations.
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.
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 Employee Relations or designee, whose decision shall be final and
binding.
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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 seventy five ($75.00) 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
4. While under the influence of alcohol, drugs or illegal
substances.
ARTICLE 21
WORKING OUT OF CLASSIFICATION
21.1 A department director, or designee, may direct an employee to serve
in a vacant classification higher than the classification in which an employee
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currently holds status. Working out of classification will not grant permanent job
status or provide any automatic job rights to the position filled on acting
assignment to the higher classification. However, the City shall permanently fill
the position to which the employee has been assigned in an acting capacity within
two (2) years of the initial assignment in accordance with the City's promotional
process. 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 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.
21.4 In order to initiate an acting assignment, the employee's immediate
supervisor shall, upon assigning an employee to an acting assignment, immediately
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complete the necessary notification form as provided by the City. Upon notification
of an employee placed on acting assignment, the Employee Relations Department
shall conduct an evaluation to determine the eligibility of the employee assigned to
the acting assignment in accordance with this article.
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.
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
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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.
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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
additionally 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 days 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(f) 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
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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 contribution', 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 the non -mandatory and voluntary deductions directly to those
The amount of the pension contribution shall be based on "earnable compensation" as defined by Miami Code
Section 40-191.
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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.
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No supplementary pay will be paid to any bargaining unit member 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.
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ARTICLE 24
WAGES
24.1 Effective October 1 of the years indicated below, bargaining unit
employees will receive an across-the-board wage increase as follows:
October 1, 2007
October 1, 2008
October 1, 2009
3%
3%
3%
In return for the Union's agreement for a three (3) year agreement,
the following will apply: Management will not layoff bargaining unit employees for
the life of this Agreement
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.
In the event the City's fiscal ability to maintain permanent
bargaining unit employees on the active payroll deteriorates, management will
promptly notify the Union. The parties to this contract shall meet and negotiate if
a reduction in force is to be implemented for the bargaining unit.
Effective October 1, 1998, 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.
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24.2 All changes in salary for reasons of promotion, demotion, merit
increase, working out of class or longevity increases, shall be effective the first day
of the payroll period following 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.
24.4 A night shiftdifferential of $.60 per hour will be paid to bargaining
unit employees who work a regular established shift between the hours of 6:00 p.m.
and 8:00 a.m. However, more than one-half of the hours of the regular established
shift must be within the hours of 6:00 p.m. and 8:00 a.m. 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.
24.5 Bargaining unit members shall become eligible for a five percent (5%)
one (1) step increase for steps 2 through 7; a two and one-half percent (2.5%) one (1)
step increase for step 8.
Step 2 5%
Step 3 5%
Step 4 5%
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Step 5
Step 6
Step 7
Step 8
5%
5%
5%
2.5%
Employees shall become eligible for longevity increases based upon
their most recent date of hire into the classified service; provided, however, that
when the employee is not in a full pay status, itshall cause the effective date of the
increase to be deferred by the same number of work days. Bargaining unit
members shall become eligible for a one (1) step longevity increase of five percent
(5%) for years ten (10), fifteen (15), twenty (20), and twenty one (21); a two and one
half percent (2.5%) for years sixteen (16) and twenty two (22).
Longevity is as follows:
10 years 5%
15 years 59%
16 years 2.5%
20 years 5%
21 years 5%
22 years 2.5%
24.6 Bargaining unit employees who are hired on or after October 1, 1984
shall satisfactorily serve a probationary period of one year prior to gaining
permanent status in the classified service.
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24.7 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 three tenths
(173.3) hours of pay.
24.8 As part and in consideration of benefits provided in this Agreement
to the Union and the Union's good faith effort to cooperate with the City to increase
the efficiency of the City, the City hereby makes a good faith representation to the
Union that it will be able to fund this Agreement.
The City hereby knowingly, intelligently and unequivocally waives
its right not to fund any year of this Agreement. The only exception to this waiver
is in the case of a "true fiscal emergency" which is unanticipated at this time.
In order for the City to establish a "true fiscal emergency" so as to
lawfully not fund any year or years of this Agreement, the City must demonstrate
that there is no other reasonable alternative means of appropriating monies to fund
the Agreement for that year or years.
Notwithstanding any other article of this Collective Bargaining
Agreement, the City hereby specifically agrees that any disputes concerning the
application or interpretation of the funding of the contract will be resolved through
the grievance arbitration procedure of this Agreement.
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If an arbitrator determines that the City has breached its funding
requirements under this Agreement, the parties jointly confer upon the arbitrator
jurisdiction to order the City to appropriate the necessary monies to fund the
Agreement. This also applies to any enforcement proceeding under Chapter 682,
Florida Statutes.
This article applies to any status quo period following the expiration
of this contract.
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
occupation of Heavy Equipment Mechanic and who are permanently assigned to the
Fire Garage shall receive a seven and one half percent (7 1/2%) 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.
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25.3 Effective the first full pay period following October 1, 1998, those
employees within the occupation of Communications Operator who are actively
assigned the duty of training new Communications Operators 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 Communications Operator Trainer classification.
25.4 All Police Communications Operators, Communications Operator
Supervisors and Communications 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 Communications Operators, Communications Operator
Supervisors and the Communications Center Supervisor 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
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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
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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
L1: Automobile Advanced Engine Performance Specialist
L2: Med/Hvy Vehicle Electronic Diesel Engine Diagnosis Specialist
ARTICLE 26
SALARY BASIS/EXEMPT
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.
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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.
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.
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27.2 Non-exempt/hourly employees performing compensable overtime
work shall, at their discretion, be paid time and one-half at their regular hourly
rate of pay or shall be given scheduled compensatory tune 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
hundred (100) hours. If an 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, by shift and classifications, according to
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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 does 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.
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27.9 If this method results in obviously inequitable distribution of
overtime, the Director of Employee Relations or designee and the Union President
will work out a method of correcting such inequity.
ARTICLE 28
GROUP INSURANCE
28.1 Current premium costs shall remain status quo until January 1,
2008.
28.2 Summary Plan Document
The City and the Union agree that the Summary Plan Document
(SPD) (entitled City of Miami Life and Health Benefits, dated August 7, 1997) 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. The SPD, in accordance with the Department of Labor requirements, shall be
distributed to all current and new participants of the Plan.
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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
$35,000.00 and AD&D coverage in the amount of $70,000. The Union, as of
February 2007, has secured a two year rate guarantee from the provider, Standard
Insurance Company. 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:
Medical/Vision Core HMO Cigna Network
Low HMO Cigna Network
POS Cigna Network
Dental DMO Starmark
Dental DMO Met Life
EAP Cigna Health Care
It is agreed between the parties that since there is minimal
participation in the Low HMO, the plan will be abandoned at the beginning of Plan
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Year 2008 and no one will be permitted to enroll or re -enroll in the Low HMO. Any
other plan design changes must be agreed to by the parties prior to implementation.
It is agreed between the parties that as of January 1, 2008, the City's
medical plan will consist of a three tier program:
Single coverage
Single coverage + 1 person
Single coverage + Family
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, 2008, (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 2008: Core HMO
Single $38.19 a month
Single plus one dependent $110.00 a month
Family $115.35 a month
POS Plan
Single $57.99 a month
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Single plus one dependent $180.00 a month
Family $262.17 a month
Plan Year 2009: Core HMO
Single $63.01 a month
Single plus one dependent $141.78 a month
Family $176.43 a month
POS Plan
Single $95.68 a month
Single plus one dependent $215.28 a month
Family $280.00 a month
Plan Year 2010: Core HMO
Single $92.42 a month
Single plus one dependent $207.94 a month
Family $258.77 a month
POS Plan
Single $140.33 a month
Single plus one dependent $280.00 a month
Family $320.00 a month
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
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agreed that should theoretical premium 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 HMO, Low HMO (only through December 31,
2007) and POS plans. It is a self -funded plan administered by Cigna Health Care
and consists of the current benefit:
Cigna RX Network $15 generic copay
$25 brand copay
Cigna Tel -Drug 2x copay per script up to a 90-day supply
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
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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.
Employee contributions: In accordance with the City's Cafeteria Plan
group heath 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
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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.
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.
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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 a practicable to
commence initiatives outlined above.
Insurance Deductions by Payroll
28.3 The City shall continue to make available to the Union a payroll
deduction slot to purchase local Union sponsored insurance programs.
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 (20) for each employee deduction, each
payroll period, and ten cents (100) for each addition, deletion, or modification to the
individual deduction. The Union shall indemnify and hold the City, its officers,
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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
Employee Relations or designee will advise the Union of the deduction procedures
that will be followed in the implementation and administration of this activity.
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 allowance in the amount of
$75.00 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 $75.00
for the purchase of another pair of safety shoes.
This additional $75.00 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.
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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.
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
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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.
ARTICLE 30
TOOL ALLOWANCE
30.1 The City agrees to pay a quarterly tool allowance for Automotive
Mechanic, Heavy Equipment Mechanics and Auto Body Worker/Painter in the
amount of eighty-five ($85.00) dollars 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 whose tool inventory does not
meet the minimum or drops below the basic minimum tool list inventory, shall not
receive a tool allowance. Tools may not be loaned to meet the basic inventory tool
list.
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30.4 The Department Director, or his 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.
30.5 The affected employees within the above -listed classifications shall
submit an inventory of all their personal tools, make and model to their immediate
supervisor outside the bargaining unit who will verify the list. The employee will
maintain a copy and a copy will be filed in the Division Office. 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 eighty-five ($85.00) dollars quarterly tool allowance.
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.
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
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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.
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 Employee Relations 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 Employee
Relations designee.
31.4 Effective upon ratification reimbursement will be limited to books,
lab fees, and tuition costs up to a maximum of $ 1,000.00 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:
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A. The employee must obtain three (3) copies of the Application
for Tuition Reimbursement form for each course from their
department or the Employee Relations Department.
B. The employee must complete the application in triplicate and
submit it to his/her Department Director prior to registration
at the education institution.
C. The Department Director will then review the application and
if approved forward the original and one copy to the Employee
Relations Department. If the application is not approved, it is
then returned to the employee by the Department Director.
D. The Employee Relations Department has the authority to
approve or not approve the application, and applications not
approved will be returned 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 Upon completion of the course work, the employee must submit
his/her semester grade report together with the tuition fee receipt to his/her
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Department Director. The Department Director will submit the approved
application for tuition reimbursement along with the employee's semester grade
report to the Finance Department who shall then reimburse the employee for the
City's share of the tuition reimbursement. The employee's Department Director
will advise the Employee Relations Department of the employee's satisfactory
completion of the course.
ARTICLE 32
CALL BACK PAY
32.1 Any employee 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 an employee 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.
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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
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who serve more than three (3) days of Jury Duty shall have deducted from their
paycheck a Jury Duty fee equal to 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.
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ARTICLE 34
COMMENDATION PAID. LEAVE.
34.1 A department director, upon approval by the City Manager, or his
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.
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 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
Employee Relations designee and shall be final and binding.
35.2 The Union President will meet and confer with the Department of
Employee Relations designee on parking concerns should the need arise and the
Department of Employee Relations designee will attempt to resolve said concerns
consistent with budgetary constraints.
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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 Employee
Relations 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 till they are released to go back
to work.
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 two hundred (200) hours of the
previous year's credited vacation. Any excess vacation over the two hundred (200)
hours allowed carryover shall be forfeited after January lst. Employees who have
been carried on full disability the entire previous year shall be paid for all excess
vacation over two hundred (200) 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 two hundred (200) hours which
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would have been forfeited shall be paid on or about January 1, at the employee's
hourly rate of pay.
37.2 Effective January 1, 1987, the maximum accrual of vacation shall be
one hundred and sixty (160) hours, provided however, bargaining unit employees
with ten (10) years of service but less than fifteen (15) years shall be allowed to
accrue one hundred and eighty (180) hours and employees with fifteen (15) years of
service or more as of January 1, 1987, shall be allowed to continue the accrual of
vacation in accordance with Civil Service Rules and Regulations (Ordinance No.
8977). The crediting of vacation leave shall only be allowed upon the completion of
the required years of actual continuous service. Vacation shall be accrued in
accordance with the following chart:
Years of Services Hours Accrue
1 - 5 years 94 hours
6 - 10 years 114 hours
11 - 15 years 134 hours
16 - 20+ years 174 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:
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Work Hours Lost Without Pay
88 thru 176 Hours
177 thru 349 Hours
350 thru 522 Hours
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
Penalty
1 month annual vacation accrual
2 months annual vacation accrual
3 months annual vacation accrual
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. 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
City Manager or the Director of Employee Relations 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 d ate.
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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.
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 Employee
Relations designee will review such denial of assignment. Said review will be final
and the decision of the Department of Employee Relations designee will be binding
and not subject to any appeal procedure.
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
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•s
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 39.2. However,
no sick leave with pay shall be granted during the employee's first ninety (90)
working days.
39.4 In order to receive sick leave with pay, an employee must take steps
to notify the 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 where departmental rules
will apply. It shall be the employee's responsibility to notify the Department
designee each day the employee will be out ill within the time frames outlined
above.
39.5 All employees covered by this Agreement 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
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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,
children, father-in-law, mother-in-law, grandparents, spouse's 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.
39.7 Any employee absent on sick leave for more than three (3)
consecutive work days must report to the Department of Employee Relations and
obtain approval before returning to work. The Department of Employee Relations
will have the City contract 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 City Doctor's list will only require the employee to
report to the Employee Relations Department for clearance to report to work.
39.8 Employees covered by this Agreement who exercise normal
retirement, shall be paid for one hundred percent (100%) of accumulated sick leave
up to seven hundred fifty (750) hours and fifty percent (50%) of accumulated sick
leave above seven hundred fifty (750) hours. Employees whose sick leave payout
was limited to nine hundred sixty (960) hours as a result of having in excess of eight
hundred (800) hours prior to January 18, 1979 shall have the option of keeping the
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nine hundred sixty (960) hour limit or selecting the seven hundred fifty (750) hour
limit with payout at one hundred percent (100%) and fifty percent (50%) of
accumulated sick leave above seven hundred fifty (750) hours. In the event of the
death of an employee who would have otherwise been eligible to exercise normal
retirement (Rule of 70 or age 55), the employee's estate will be paid his/her
accumulated sick leave in accordance with this section.
The City and the Union will continue to negotiate on a plan whereby
retiring employees may have an option of leaving all or a portion of their severance
pay in a City account for the purpose of paying health premiums for City group
insurance with pretax dollars (referred to as Health Insurance Bank). Possibilities
of active employees (at their option) moving time into a Health Insurance Bank will
also be explored.
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%
More than 15 years of service 50%
39.10 Employees who are terminated shall not receive compensation for
unused sick leave upon separation of service or retirement.
39.11 Employees who accumulate sick leave credits in excess of three
hundred (300) hours in accordance with this Article shall as of January 1 have one-
half (1/2) of their excess sick leave earned credited to their vacation leave bank
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s.
-Upon separation of service employees shall not have any sick leave
earned converted to their vacation leave bank.
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 ten (10) or more years of service 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 of their last day
worked.
2) They remit to the City an amount equal to their rehire hourly
rate times the number of hours of sick leave for which they
were previously paid off. This buy back option must be
exercised and paid for within 30 days of the date the employee
returns to work.
3) If the buy back 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 he 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 fifty (50) employees by an
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individual selected by the Director of Employee Relations or designee and the Union
President from the pool of eligible employees with perfect attendance. Each of the
fifty (50) employees whose name is drawn shall receive a one hundred ($100) dollar
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.
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 prearranged 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.
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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 Written reprimand
loth instance in annual period Three (3) day suspension
11th instance in annual period Fourteen (14) day
suspension
12th instance in annual period Dismissal
Disciplines issued pursuant to the schedule shall not be considered for
purposes of progressive discipline after the annual period expires.
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 Employee Relations or designee, if the individual
circumstances warrant such action.
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_F
ARTICLE 41
FAMILY LEAVE AND LEAVE WITHOUT PAY
41.1 Bargaining unit employees may request a leave without pay in
accordance with the Family and Medical Leave Act of 1993. 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.
Effective upon ratification of the labor agreement, employees taking leave under the
Family and Medical Leave Act (FMLA) shall be limited to a ninety (90) day FMLA
leave. An extension of an additional ninety (90) day of leave without pay may be
granted upon request to the Director of Employee Relations 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 Employee Relations 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 Employee Relations or
designee.
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Any bargaining unit employee requesting said leave of absence shall be
required to submit evidence of registration upon entering each quarter/semester of
school.
41.3 Upon approval of the Department Director, with the approval of the
City Manager or the Director of Employee Relations 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 the Director of
Employee Relations 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
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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.
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 from the service of the City of Miami.
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
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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 Laborftvlanagement 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 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 Employee Relations
Director or designee.
ARTICLE 43
DEATH IN FAMILY
43.1 Any employee covered by this Agreement may, in the case of death in
the immediate family, be authorized up to a maximum of forty (40) hours of paid
leave to 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. The immediate family is defined as father, mother, sister, brother,
husband, wife, children, father-in-law, mother-in-law, grandparents, spouse's
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grandparents, grandchildren, stepchildren, stepfather and/or stepmother if they
have raised the employee from infancy regardless of place of residence, and may
include any other person who was 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 Employee Relations
Department. Failure to produce the death certificate will result in the employee
reimbursing the City for any days taken under this Article. Any employee found to
have falsified his application for 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 newspaper account showing the death and relationship
of the deceased to the employee and/or other appropriate criteria as deemed
appropriate by the Department of Employee Relations designee.
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
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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
i 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
Employee Relations 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 Employee Relations.
ARTICLE 45
HOLIDAYS
45.1 The following days shall be considered holidays:
New Year's Day Columbus Day
President's Day Veterans' Day
Memorial Day- Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
Dr. Martin Luther King's Birthday
45.2 Any additional holidays declared by official directive of the City
Manager shall be added to the above list.
45.3 Employees performing work on any of the above holidays shall be
paid eight (8) hours holiday pay plus actual hours worked at time and one-half of
their straight time hourly rate pursuant to Article 27, or shall be given scheduled
compensatory time off at the rate of time and one-half for the hours actually worked
on the 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 (100) hours.
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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.
ARTICLE 46
ACCIDENT REVIEW BOARD
46.1 The parties agree to abide by the provisions of the City's Vehicular
Loss Control Program, Sections 6.1, 6.2 and 6.3 as they apply to vehicular accidents
involving bargaining unit employees.
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.
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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 snake 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.
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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 Not withstanding any other provisions of this Agreement, the
employer may take all actions necessary to comply with the Americans with
Disabilities Act.
ARTICLE 50
(THIS PAGE DELIBERATELY LEFT BLANK)
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ARTICLE 51
• SENIORITY
51.1 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 Employee
Relations or designee.
51.2 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.
51.3 Exceptions to the use of seniority as specified in 51.2 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.
51.4 Once every October shift assignments and days off will be rebid by
seniority.
ARTICLE 52
LEAVE BALANCE PAYOFFS
52.1 Employees electing to retire and upon separation will receive
payment of leave balances upon retirement as currently specified under this
agreement.
ARTICLE 53
PENSION
53.1 Effective upon ratification a Deferred Retirement Option Plan
(DROP) is hereby created. The DROP of the Retirement System shall consist of a
Forward DROP and Benefit Actuarially Calculated DROP (BACDROP).
GENERAL PROVISIONS
A. Eligibility
1. Any general employee who has reached age fifty-five (55) with
ten (10) years of creditable service, or who has attained a combination of age plus
years of creditable service equal to seventy (70), shall be eligible to participate in
the DROP.
B. Election to participate
1. Election to participate in DROP is irrevocable. Upon election of
participation in the DROP, by using forms and procedures as prescribed by the
Board of Trustees, a general employee's creditable service, early service or service
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retirement benefits, and compensation calculation shall be frozen and shall be
based on the single highest year preceding participation in the DROP, as the basis
of calculating the DROP payment. Upon commencement of participation in the
DROP, the employee contribution and the City contribution to the Retirement
System for that employee shall cease as the employee will be earning no further
service credit. The employee shall not acquire additional pension credit for the
purposes of the pension plan but may continue City employment for up to a
maximum of forty eight (48) months. DROP participants will be credited with the
GESE Retirement Trust cost of living adjustment (COLA) while they participate in
DROP.
C. Maximum participation
1. The maximum period of participation in the DROP is forty eight
(48) months. Once the maximum participation has been achieved, the bargaining
unit member must terminate employment.
D. Creation of individual account
1. For each person electing participation in the DROP, an
individual account shall be created as of the date DROP participation commences.
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E. Earnings on DROP account
1. The Board of Trustees of the Retirement System shall establish,
by administrative rule, a series of investment vehicles which may be chosen by
participants in the DROP. Any losses incurred on account of the option selected by
the participant shall not be made up by the City of Miami or the GESE trust fund,
but any such loss shall be borne by the participant only. Upon participation in the
DROP, the member shall make a selection of the earnings program on forms
provided by the board. A member may adjust his/her asset allocation periodically as
determined by the. Board. All earnings shall be credited to the employee's DROP
account.
F. Distribution of DROP benefits
1. Upon conclusion of a period of participation in the DROP not to
exceed the maximum set forth in section C, the member shall terminate
employment. Upon termination of employment, a member may receive payment
from the DROP account in the following manner:
a. Lump sum distribution;
b. Periodic payments;
c. An annuity;
d. Rollover of the balance to another qualified retirement plan, IRA
or Internal Revenue Code Section 457 Plan.
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c.
2. A member may defer payment until the latest date authorized
by Section 401(a)(9) of the Internal Revenue Code.
G. Disability or Death during DROP participation
1. Disability - A DROP participant shall not be entitled to receive
an ordinary or service disability retirement.
2. Death - In the case of the death of a DROP participant, there
shall be no accidental death benefit for pension purposes.
This article shall not affect any other death or disability benefits
provided to a general employee under federal law, state law, City ordinance, or this
Agreement.
H. COLA participation
1. Eligibility for cost of living adjustment (COLA) shall commence
when a member has reached the first anniversary of his/her retirement. When that
occurs the COLA shall be paid into the members DROP account in monthly
installments for the FORWARD DROP until a member has actually separated from
employment with the City and in lump sum to the member's DROP account for the
BACDROP participant upon separation from employment. For the purpose of
complying with Section H(2)(g) of the Second Amended Final Judgment in Gates,
the employee's "Date of Retirement" shall be for the FORWARD DROP the date the
employee enters the DROP and for the BACDROP the date to which the employee
drops back.
Any employee who enters into a DROP agreement shall be
bound by the terms and conditions of that said agreement.
FORWARD DROP
A. The date of entry into the FORWARD DROP shall be the
beginning of a pay period. Payment shall be made by the retirement system into
the employee's DROP account in an amount equal to the regular monthly
retirement benefit which the member would have received had the member
separated from service and commenced the receipt of benefits from the system. The
amount of the monthly benefit shall be determined based on the creditable service,
average final compensation, and retirement option selected in accordance with
Section 40.255 of the Miami City Code. Upon conclusion of a period of participation
in the DROP not to exceed the maximum set forth in Section 53.1 C, the member
shall terminate employment with the City of Miami.
B. Election of a FORWARD Drop Program precludes
participation in a BACDROP Program.
BACDROP
A. Eligibility: Effective upon ratification of the labor agreement
an employee may elect to BACDROP to a date no further back than the date of their
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retirement eligibility date. The BACDROP period must be in twelve (12) month
increments, beginning at the start of a pay period, not to exceed twelve (12)
months. Participation in the BACDROP does not preclude participation in the
FORWARD Drop program.
B. The benefits for purpose of the BACDROP will then be
actuarially calculated to be the equivalent to the benefit earned at the date of
retirement. Said calculation will consist of the present value of benefits being equal
to the actuarially reduced benefit, plus a lump sum with interest, as determined by
the Pension Board's actuary. Employee contributions will not be returned for the
period of time covered by the BACDROP Program.
C. Lump Sum. The lump sum as calculated by the Board's actuary
will be based on the assumed investment return of the fund without discount for
mortality and deposited into the newly created DROP account along with the COLA
payments.
ARTICLE 54
TERM OF AGREEMENT
54.1 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, 2007 or as set out below, whichever date is later. The
Agreement shall continue in force and effect until 11:59 p.m., September 30, 2010.
54.2 On or before April 1, 2010, 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.
54.3 On or before May 1, 2010, 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.
54.4 Initial discussions shall thereafter, and no later than June 1, 2010, be
entered into by the City and the Union.
Agreed to this day of , 2007, by and between
the respective parties through an authorized representative or representatives of
the Union and by the City Manager.
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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 ATTORNEY
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Occupational
Code
APPENDIX A
Occupational
Title
1005 Mail Clerk
1006 Mail Clerk Sr
1008 Clerical Aide
1010 Clerk I
1011 Clerk II
1012 Clerk III
1013 Clerk IV
1019 Police Typist Clerk
1020 Typist Clerk I
1021 Typist Clerk II
1022 Typist Clerk III
1023 Typist Clerk IV
1025 Secretary I
1026 Secretary II
1027 Secretary III
1028 Secretary IV
1031 CIS Desk Operator
1035 Legal Secy
1037 Interrogat Steno
1038 Police Transcriptionist
1040 Tech Oper Liaison
1042 Legal Services Aide
1052 Service Center Repres - NET
1054 Service Center Aide - NET
1058 Telecomrn Processing Aide
1060 Claims Representative
1070 Customer Service Rep I
1072 Customer Service Rep II
1074 Customer Service Rep Sr
1105 Cashier I
1106 Cashier II
1110 Account Clerk
1112 Payroll Clerk
1116 Payroll Specialist
1118 Project Accountant
1119 Accountant
1120 Accountant Sr
1121 Accountant Supervisor
1126 Staff Auditor Sr
1129 Staff Auditor Princ
1140 Budget Assistant
Salary Range
14A
16A
09A
12A
14A
16A
20A
15A
13A
15A
17A
19A
15A
17A
19A
21A
18A
19A
19A
21A
19A
15A
21A
17A
20A
19A
17A
19A
24A
15A
17A
17A
19A
24A
26A
22A
25A
28A
28A
30A
22A
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
-102-
!'
Occupational Occupational
Code Title
1142
1145
1154
1157
1201
1202
1203
1205
1206
1207
1208
1209
1210
1211
1212
1213
1214
1215
1216
1224
1225
1238
1240
1242
1303
1305
1306
1307
1309
1310
1311
1313
1316
1317
1319
1323
1324
1329
1332
1334
1337
1341
1344
1345
1347
Debt Compliance Specialist
Debt Services Coord
Group Insurance Aide
Group Insurance Specialist
Mals Spec I - Bldg Const
Mals Spec II - Bldg Const
Mals Supv - Bldg Const
Stock Clerk I
Stock Clerk II
Storekeeper
Mals Spec I - Comm Repr
Mals Spec II - Comm Repr
Procurement Spec Sr
Procurement Asst
Procurement Spec
Mals Supv - Comm Repr
Auto Prts Supv
Procurement Supv
Procurement Aide
Auto Prts Spec I
Auto Prts Spec II
Property Mgt Assistant
Property Mgt Rep
Property Mgmt Spec
Personnel Sery Representative
Admin Aide I
Admin Aide II
Task Force Supv
Admin Asst I
Admin Asst II
Admin Asst III
Personnel Aide
Personnel Asst
Personnel Spec
Personnel Specialist II
Personnel Medical Sery Rep
Pers & Safety Off
Manag Anal Asst
Tech Operatns Coord
Manag Anal Sr
Manag Oper Anal
Market Ser Coord
Procmt Cont Offc
Fiscal Assistant
Cable Comm Assistant
Salary Range
24A Hourly
28A Job Basis
19A Hourly
28A Job Basis
1,A Hourly
18A Hourly
25A Hourly
14A Hourly
16A Hourly
19A Hourly
16A Hourly
18A Hourly
28A Job Basis
22A Hourly
25A Hourly
21A Hourly
21A Hourly
33A Job Basis
19A Hourly
16A Hourly
18A Hourly
22A Job Basis
25A Job Basis
28A Job Basis
17A Hourly
20A Hourly
22A Job Basis
24A Job Basis
25A Job Basis
28A Job Basis
31A Job Basis
20A Hourly
22A Job Basis
24A Job Basis
25A Job Basis
23A Hourly
26A Job Basis
24A Job Basis
22A Job Basis
28A Job Basis
26A Job Basis
28A Job Basis
29A Job Basis
22A Job Basis
24A Job Basis
Occupational Occupational
Code Title Salary Range
1348 Marketing Specialist
1350 Marketing Supervisor
1352 Business Develop Sr
1354 Business Developer
1356 Bus Devp Supv
1357 Economic Analyst
1358 Supv of Economic Research
1359 Econo Anal Princp
1360 Job Developer
1361 Employmt Interviewer
1362 Info & Referral Spec
1363 Info & Referral Aide
1365 Training Officer
1366 Staff Anlst Asst
1367 Staff Analyst
1368 Staff Anlst Sr
1369 Staff Analyst Princpl
1372 Complaint Specialist
1373 San. Services Coord
1375 Job Training Specialist
1376 Sr. Job Training Specialist
1382 Support Services Coor
1384 Productvty Anal Asst
1385 Productivity Analyst
1387 Prodctvty Anal Prncpl
1392 Technical Support Anal
1405 City Photographer
1414 Public Rel Splst
1415 Fire Info Spec
1419 Public Relations Aide
1420 Publicity Writer
1421 Public Rltn Agnt
1422 Public Info Ofcr
1430 Special Events Agent
1431 Special Events Coord
1436 Intergovmental Film Liaison
1505 Switchboard Oper
1522 Camera Platemaker
1523 Offset Press Operator
1524 Offset Press Operator Sr
1525 Duplicat Eqp Op_I
1526 Photolithographer
1527 Print Shop Supervisor
1528 Print Shop Asst Supt
1529 Print Shop Supt
-104-
24A
29A
28A
26A
31A
26A
30A
30A
17A
17A
12A
12A
26A
24A
26A
28A
30A
22A
25A
25A
21A
31A
24A
26A
30A
27A
24A
29A
19A
19A
25A
23A
28A
20A
25A
23A
14A
18A
19A
21A
16A
18A
24A
27A
30A
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Occupational Occupational
Code Title
1530
1531
1537
1540
1541
1542
1543
1548
1549
1554
1555
1557
1560
1562
1564
1565
1566
1567
1568
1571
1572
1576
1582
1584
1586
1588
1626
1627
1629
1808
1810
1812
1820
2011
2012
2013
2015
2017
2018
2020
2029
2031
2032
2033
2034
Print Shop Helper
Duplicat Eqp Op II
Prod Cl Spv
Systems Engr I
Systems Engr II
Info Services Liaison
PC Hardware Repair Tech
PC Technician I
PC Technician II
Computer Op I
Computer Op II
Computer Opr Supv
Programmer Asst
Systems Programer
Web Developer I
Web Developer II
Programmer Jr
Programmer
Programmer Sr
Sys Maintenance Supv
Computer Opr Chf
Systems Analyst Sr
Teleprocessing Coord
Data Librarian
Scheduler/Expediter
Info Center Spec
Revenue Insp II
Asst Accts Rec Supv
Accts Rec Supv
Claims Account Spec
Claims Adjuster I
Claims Adjustor II
Coll/Subrogation Spec
Surveyor
Surveyor, Sr.
Eng Tech I
Eng Tech II
Eng Tech III
Eng Tech IV
CADD Operator
Street Lighting Eng I
Eng I
Professional Eng II
Professional Eng III
Professional Eng IV
Salary Range
12A
19A
23A
26A
30A
20A
23A
20A
23A
20A
22A
26A
23A
29A
26A
28A
26A
28A
30A
32A
32A
32A
28A
20A
21A
30A
23A
25A
28A
22A
22A
24A
24A
30A
32A
18A
20A
24A
27A
24A
27A
27A
31A
33A
35A
Hourly
Job Basis
Job Basis
Hourly
Job Basis
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Job Basis
Hourly
Hourly
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Hourly
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
-105-
Occupational Occupational
Code Title
2040 Elec Engineer
2048 Architech I
2049 Architect II
2050 Architect III
2053 Landscape Arc
2054 Lanscpe Arch Supv
2056 Project Rep
2060 Cable TV Engineer
2110 Bldg Insp I
2111 Bldg Insp II
2112 Bldg Insp Chief
2114 Building Insp III
2116 Structural Eng
2120 Elec Insp I
2121 Elec Insp II
2122 Elec Insp Chief
2123 Electrical Insp III
2130 Plumbing Insp I
2131 Plumbing Insp II
2132 Plumbing Insp Chf
2134 Plumbing Insp III
2150 Zoning Insp I
2151 Zoning Insp II
2152 Zoning Insp Chief
2153 Plans Processing Aide
2154 Plans Processing Spec
2155 Code Enforcement Insp-NET
2158 Mech Insp I
2159 Mech Insp II
2160 l\lech Insp Chief
2161 Mech Insp III
2165 Elevator Inspector
2172 Permit Counter Asst
2176 Supv Permits & Rev
2178 Chief Code Enforc Off
2181 Cable TV Tech Spec
2188 Occupational License Spec
2190 Asst Occ License Supv
2192 Occ License Supv
2204 Graphic Illus
2205 Planning Illus I
2206 Planning Illus II
2208 Planning Tech
2210 Park Plan Cord
2214 Housing Spec Asst
Salary Range
33A
27A
30A
32A
29A
31A
27A
31A
27A
29A
32A
30A
35A
27A
29A
32A
30A
27A
29A
32A
30A
23A
27A
30A
19A
30A
24A
27A
29A
32A
30A
29A
22A
29A
31A
21A
22A
25A
28A
24A
19A
22A
24A
29A
23A
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
-106-
Occupational Occupational
Code Title
2219 Planning Intern
2220 Planner I
2221 Planner II
2222 Planner III
2224 Comm Dev Coord
2225 Housing Spcl
2226 Housing Spcl Princpl
2227 Housing Spec Sr
2228 Housing Rhb Ln/O Sr
2229 Housing Rhb Ln/O
2230 Housing Rhb Est
2231 Housing Rhb Est Sr
2232 Soc Prg Analyst
2233 Soc Prg Analyst Asst
2234 Soc Prg Anl Sr
2235 Soc Prg Anl Supv
2237 Commty Dv Prj Supv
2238 Special Funding Services Coord
2239 Social Prog Coord
2240 Asst Hsng Rehab Ln Offr
2244 Asst Hsng Rehab Estimator
3001 Laborer I
3002 Laborer II
3005 Laborer III
3010 Labor Crew Ldr I
3011 Labor Crew Ldr II
3012 Public Works Supv
3014 Public Works Supt
3022 Sani Supervisor
3025 Waste Col Supt Asst
3026 Waste Col Supt
3104 Auto Eqp Op I
3105 Auto Eqp Op II
3106 Auto Eqp Op III
3107 Auto Eqp Op IV
3301 Maint Mech Helper
3302 Maint Mechanic
3303 Maint Mech Supv
3305 Air Cond Mech
3308 HVACR Supv
3310 Electrician
3311 Elec Supervisor
3313 Gen Maint Worker
3314 Gen Maint Rep - Pnt/Mec
3315 Gen Maint Rep - Carpen
Salary Range
16A
27A
31A
34A
32A
26A
31A
28A
26A
23A
23A
26A
22A
20A
25A
28A
29A
26A
31A
19A
19A
15L
16L
17L
18A
22A
28A
31A
25A
28A
31A
17L
19L
21L
22L
17A
20A
23A
27A
30A
27A
30A
17A
20A
21A
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Job Basis
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
Job Basis
Hourly
Hourly
Hourly
-107-
Occupational Occupational
Code Title
3316 Gen Maint Rep - Elec/Air Cond
3318 Gen Repair Maint Supv
3320 Elec Line Worker
3321 Elec Line Supv
3322 Plumber Supv
3324 Plumber
3326 Carpenter
3327 Carpenter Supv
3328 Mason
3335 Painter
3336 Auto Body Wrkr/Pn
3337 Painter Sign
3338 Painter Supv
3339 Auto Pnt/Bdy Shop Supv
3340 Pipefitter
3341 Pipefitter Supv
3350 Welder
3360 Fac Oper Worker
3361 Fac Oper Worker Sr
3362 Fac Oper Supv
3370 Prop Maint Asst Supt
3372 Pol Secuty & Fac Supv
3374 Police Fac Asst
3402 Fuel Fac Att
3404 Auto Mech Helper
3405 Auto Service Writer
3406 Auto Mechanic
3407 Auto Mech Spv
3408 Fuel Fac Supv
3409 Heavy Equp Mech Helper
3410 Heavy Eqp Mech
3411 Heavy Eqp Mech Supv
3420 Garage Asst Supt
3452 Supt-Garage or Motor Pool
3455 Fleet Management Rep
4005 Custodian I
4006 Custodian II
4007 Custodian Supv
5017 Pol Prop Unt Ast Mgr
5019 Identification Aide
5020 Police Comm Clerk
5022 Pol Prop Spec I
5024 Pol Prop Spec II
5025 Ident Tech I
5026 Ident Tech II
Salary Range
23A
23A
24A
26A
30A
27A
21A
23A
21A
20A
22A
21A
23A
24A
19A
22A
22A
16A
20A
23A
28A
21A
19A
15A
17A
19A
23A
25A
21A
18A
24A
26A
29A
30A
22A
14L
15L
17A
29A
16A
18A
17A
19A
22A
26A
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
-108-
Occupational Occupational
Code Title
5027 ID/Tech Svcs Supv
5030 Latent Print Examiner
5032 Latent Print Examiner Sr
5035 ID Tech Svcs Mgr
5040 Public Service Aide
5050 Prof. Compliance Supv
5060 Police Records Spv
5070 Crime Analyst I
5071 Crime Analyst II
5076 Prof Compliance Asst
5077 Prof Compliance Rep
5078 Prof Compliance Supv
5110 Parking Enforcement Off I
5113 Parking Enforcement Off II
5302 Fire Sfty Spec Sr
5303 Fire Sfty Spec Supv
5304 Fire Sfty Spec
5318 Fire Safety Educ Supv
5319 Fire Resource/Safety Tch
5320 Video Program Spec
5323 Video Program Prod
5402 Comm Tech Apprentice
5403 Comm Eq Mtce Spec
5404 Comm Repair Worker
5405 Comm Tech
5406 Comm Tech Supv
5407 Comm Maint Asst Supt
5408 Comm Tech Supt
5413 Comm Asst
5414 Police Comm Rcds Custod
5415 Comm Operator
5416 Comm Oper Supv
5417 Qlt.y Assurance Spec
5418 Comm Center Supv
5420 Tecl Sys Dev Mgr
5425 Telecommunications Tech.
5510 Guard
5512 City Ranger
5520 Stable Attendant
5523 Stable Attend Supv
5530 Marinas Faclt Att
5550 Cony Rep Intern
5560 JTPA Trainee
6001 Golf Course Attendant
6003 Grounds Tender
Salary Range
30A
28A
29A
34A
17A
28A
28A
22A
24A
19A
26A
14A
14A
17A
25A
27A
23A
27A
24A
23A
28A
19A
19A
21A
25A
27A
28A
33A
20A
22A
22A
24A
24A
28A
33A
6A
13L
14A
17A
20A
13L
06A
06A
16A
16A
Job Basis
Hourly
Hourly
Job Basis
Hourly
Job Basis
Job Basis
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Hourly
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Job Basis
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
-109-
Occupational
Code
Occupational
Title
6005 Park Tender I
6007 Park Tender II
6010 Greenskeeper
6015 Tree Trimmer
6016 Tree Trimmer Crew Ldr
6020 Cemetery Sexton
6021 Parks Naturalist
6025 Nursery Tender
6029 Beach Opers Supv
6035 Parks Supv I
6036 Parks Supv II
6047 Prks Tch Ser Spc M&C
6048 Prks Tch Ser Spc E&S
6049 Parks Oprtns Coord
6050 Parks Supt Off
6051 Operatins Asst Chief
6053 Chf of Operations Pks
6055 Fac & Grds Tf Mgr
6059 Asst Stad Admin
6062 Marine Stad Mgr
6064 Auditorium Manager Asst
6065 Auditorium Mgr
6067 Marinas Oper. Supv.
6068 Marinas Aide
6069 Marinas Assistant
6070 Marinas Mgr Asst
6071 Marinas Mgr
6080 Park & Rec Mgr I
6081 Park & Rec Mr II
6105 Lifeguard (P/0)
6107 Pools Supervisor
6109 Sr. Lifeguard (P/0)
6118 Japanese Garden Spec
6119 Cult Affr Coord
6120 Tennis Supv
6123 Program Coord
6124 Prg Cord Asst
6125 Therapeutic Rec Spec
6127 Prgm Asst
6128 Prgms Leader
6129 Prgms Spec
6132 Golf Course Supt
6135 Baseball Supv
6144 Gen Recreation Pgm Planner•
6149 Rec Specialist
Salary Range
17A
19A
23A
16A
18A
20A
23A
17A
28A
18A
22A
27A
27A
29A
31A
29A
33A
26A
30A
27A
25A
29A
18A
16A
19A
26A
30A
23A
26A
17A
22A
19A
29A
29A
19A
29A
25A
25A
14A
20A
18A
20A
20A
29A
18A
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Job Basis
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Hourly
-110-
t.
Occupational Occupational
Code Title Salary Range
6151 Water Sports Inst
6152 Boxing Supv
6154 Wrestling/Judo Supv
6156 Youth Pgm Spec
6160 Fitness Ctr Spc
6162 Recreation Asst Supt
6164 Parks and Rec Sery Coord
6170 Events Specialist
6172 Events Supervisor
6300 Day Care Admin
6301 Day Care Admin Asst
6302 Day Care Ctr Supv
6305 Day Care Aide
7018 Vocational Counselor
7019 Citzn Prog Supv
7020 Comm Invo1 Asst
7021 Comm Invol Spec
23A
22A
23A
25A
21A
29A
28A
24A
29A
29A
25A
25A
33A
22A
28A
19A
22A
Hourly
Job Basis
Hourly
Job Basis
Hourly
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Hourly
Job Basis
APPENDIX B
Occupational Occupational
Code Title Salary Range
1036 Legal Assistant 22M Hourly
1117 Proj Acct Sr 28M Job Basis
1122 Supervisor of Payroll 32M Job Basis
1123 Supervisor of Payroll Asst 28M Job Basis
1124 Auditor 23M Job Basis
1125 Staff Auditor 26M Job Basis
1127 Staff Auditor Princ 30M Job Basis
1128 Asst Auditor 19M Hourly
1130 Chief Accountant 33M Job Basis
1156 Group Insurance Asst 24M Job Basis
1159 Group Ins Supv 31M Job Basis
1164 Financial Dev Coord 31M Job Basis
1218 Sr Proc Ctrcts Officer 31M Job Basis
1230 Lease Mgr 34M Job Basis
1318 Personnel Off 26M Job Basis
1320 Personnel Off Sr 28M Job Basis
1321 Police Personnel Coord 30M Job Basis
1322 Personnel Supvr 34M Job Basis
1325 Testing and Val Spec 30M Job Basis
1326 Validation Supv 34M Job Basis
1327 I/O Psychologist 34M Job Basis
1328 Classif & Coinpensa Supv 34M Job Basis
1330 Safety Coord 31M Job Basis
1331 Employment Manager 34M Job Basis
1333 Operations Analyst 26M Job Basis
1335 Manag Anal Prncpl 30M Job Basis
1336 Budget Analyst 27M Job Basis
1338 Manag Anal Supv 32M Job Basis
1339 Grant Writer 28M Job Basis
1340 Capital Improvement Asst 26M Job Basis
1394 Paralegal 26M Hourly
1558 Computer Training Specialist 26M Job Basis
1569 Web Administrator 30M Job Basis
1570 Sys Soft Manager 34M Job Basis
1573 Data Base Manager 35M Job Basis
1575 Geographic Info Sys Coord 31M Job Basis
1577 Project Analyst 34M Job Basis
1580 Network Administrator 34114 Job Basis
1587 Police Info Center Mng 34M Job Basis
1816 Claims Adjustor III 26M Job Basis
1822 Claims Supv Asst 28M Job Basis
1824 Claims Supv 30M Job Basis
-112-
Occupational Occupational
Code Title
2156
2167
2168
2255
2258
3358
3371
3450
5065
5066
5419
5425
5711
5726
5740
5742
6060
7500
7505
8000
8002
8003
8005
8006
8007
8008
8009
8014
8015
8017
8018
8020
8021
8023
8024
8034
8035
8037
8039
8046
8050
8051
8073
8080
Code Enforcement Insp II
Chief Elevator Insp
Chief Unsafe Structures
CRA Program Coord
Development Coord
Composting Fac Sup
Supt of Property Mtce
Fleet Manager
Criminal Intelligence Anlyst I
Criminal Intelligence Anlyst II
Comm Training Spec
Telecommunications Tech
Adm Asst III
Accountant Supv M/C
Staff Analyst Senior
Staff Auditor Senior
Stadium Manager
Exec Sec City Atty
Sr Secretary
Adm Asst to the City Manager
Commissioner's Aide
Admin Asst - City C
Admin Asst Sr - City C
Chief of Staff
Exec. Secretary
Secretary III
Special Aide
Asst City Attorney
Admin Secty I
Deputy City Attorney
Admin Secty II
Special Asst to Mgr
Executive Asst to Mayor
Labor Relns Spit
Labor Rel Spec Sr
Typist Clerk I
Typist Clerk II
Typist Clerk III
Recept/Typist - CM Office
Chief of Staff - Mayor
Asst to Director - Pks & Rec
Claims Supervisor
Domestic Viol Admin
Asst to Dir-Solid Waste
Salary Range
26M Job Basis
32M Job Basis
32M Job Basis
29M Job Basis
34M Job Basis
23M Hourly
33M Job Basis
33M Job Basis
26M Job Basis
28M Job Basis
26M Job Basis
32M Job Basis
31M Job Basis
28M Job Basis
28M Job Basis
28M Job Basis
32M Job Basis
25U Job Basis
21U Hourly
290 Job Basis
090 Job Basis
210 Job Basis
230 Job Basis
340 Job Basis
230 Job Basis
19U Hourly
150 Job Basis
X2E Job Basis
190 Job Basis
X5E Job Basis
210 Job Basis
290 Job Basis
250 Job Basis
30U Job Basis
33U Job Basis
13U Hourly
15U Hourly
17U Hourly
180 Hourly
360 Job Basis
31U Job Basis
30U Job Basis
33U Job Basis
32U Job Basis
-113-
Occupational Occupational
Code Title Salary Range
8081 Asst to Dir-Comm Dev 29U Job Basis
8082 Admin Asst I 25U Job Basis
8083 Admin Asst II 28U Job Basis
8084 Receptionist 170M Job Basis
8086 Asst to Dir - Pers Mgt 34U Job Basis
8091 General Clerk 150M Job Basis
8099 Admin Aide - CM 210 Job Basis
8101 Secretary IV 21U Job Basis
8104 Secretary II 17U Hourly
8110 Admin Officer -CC 290 Job Basis
8111 Events Coord 25U Job Basis
8113 Technical Operations Liaison 19U Job Basis
8115 Asst to Director/PW 31U Job Basis
8116 Technical Transcriber 18U Job Basis
8117 Technical Oper Coord 24U Job Basis
8120 Chf Depty Clerk 29U Job Basis
8122 Records Reten Coord 25U Job Basis
8123 Support Sery Mgr 34U Job Basis
8124 Svc Ctr Mant Worker -NET 17U Hourly
8128 Clerk/Receptionist 120 Hourly
8130 Asst to Dir - GSA 32U Job Basis
8131 Office Manager 240 Job Basis
8133 Bdgt & Fin Spt Adv 27U Job Basis
8135 Mktg Coord 28U Job Basis
8138 Housing Develop Coord 32U Job Basis
8139 Agenda Coord 27U Job Basis
8140 Agenda Coord, Asst 23U Job Basis
8144 Grants Coordinator 33U Job Basis
8145 Typist. Clerk IV 19U Hourly
8148 Asst to Dir - Mgt Audit 30U Job Basis
8152 Fleet Manager 32U Job Basis
8154 Asst to Dir — Conf & Pub Fac 32U Job Basis
8155 Finance Officer 33U Job Basis
8156 Sr Affirm Action Spec 26U Job Basis
8157 Social Worker 22U Job Basis
8158 Program Specialist 29U Job Basis
8160 Chief Architect 36U Job Basis
8165 Info Services Liaison 20U Job Basis
8170 Asst to Dir-Intnl A&R 28U Job Basis
8171 Asst to Dir-Budget 28U Job Basis
8172 Staff Auditor Sr 28U Job Basis
8173 Staff Auditor Princ 30U Job Basis
8174 Chief Internal Auditor 32U Job Basis
8178 NET Code Enforc Coord 27U Job Basis
8182 Exec Asst-Police Chief 29U Job Basis
-114-
I•
Occupational Occupational
Code Title Salary Range
8183 Asst to Dir-Police
8190 Executive Asst Cf of Staff
8191 Community Liaison
8192 Chief Admin Assistant
8206 Admin Asst. III
8209 Asst to Dir-Bldg & Zng
8210 Zoning Administrator
8405 Group Insurance Coordinator
8408 Supp Services Coord
8410 Commission Reporter
8411 Administrative Clerk
8415 Asst to Director - Purchasing
8418 Sr Special Asst to City Mgr
8420 Media Rel's Spec
8424 Special Education Teacher
8425 Parks & Rec Sery Coord
8426 Program Asst
8428 Sister Cities & Protoc Asst
8430 Sister Cities & Protocol Coord
8432 Protocol Director
8434 Real Estate Specialist
8435 Property Manager
8438 Eco Development Coord
8439 Bus Development Supv
8440 Development Coord
8441 Preservation Officer
8444 Intergov Affairs Coord
8445 Spanish Media Coord
8446 Legal Liaison Mayor
8447 Corresp Director
8448 Press Director
8452 Youth Program Coord
8456 Sr Info Systems Auditor
8462 Chief Accountant
8464 Chief of Land Dev
8465 Land Dev Spec Princ
8466 Planning Illustrator
8467 Urban Design Coordinator
8468 Comm Planner
8469 NET Community Support Wkr
8470 Capital Improvmt Administrator
8472 Chief of Opers
8474 Capital Imp Asst
8475 Hazard Mitigation/Disaster Rec Spec
8478 Lase Mgt Spec
31U
230
230
270
31U
31U
32U
32U
31U
21U
17U
30U
310
23U
25U
26U
14U
290
310
310
31U
34U
34U
31U
34U
34U
290
290
31U
310
340
30U
31U
33U
34U
31U
22U
32U
31U
15U
34U
32U
28U
34U
28U
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Hourly
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Occupational Occupational
Code Title Salary Range
8484 Grant Writer 28U Job Basis
8498 Exec Asst - Fire Chief/C 31U Job Basis
8510 Archivist/Reds Admin 30U Job Basis
8515 Records Sys Spec 26U Job Basis
8525 Exec Secretary to CMgr 270 Job Basis
8544 EO/Div Spec Sr 27U Job Basis
8546 EO/Diversity Spec 25U Job Basis
8560 Grants Financial Mgr 32U Job Basis
8562 Budget Analyst 27U Job Basis
8564 Budget Coord 30U Job Basis
8568 Employee Services Aide 22U Job Basis
8572 Sr Staff Analyst 28U Job Basis
8610 Video Asst 22U Job Basis
8612 Video Prog Spec 23U Job Basis
8620 CRA Admin 34U Job Basis
8630 Project Mgr 34U Job Basis
8632 Employment Mgr 34U Job Basis
8634 Industrial/Org Psychologist 34U Job Basis
8636 Testing & Validation Spec 28U Job Basis
8637 Personnel Officer — Comm Dev 26U Hourly
8638 Maintenance Tech 20U Hourly
8640 Facility Manager 30U Job Basis
8642 Facility Maint Manager 28U Job Basis
8655 Proj Dir-OWP 10U Job Basis
8656 Loan Review Spec 28U Job Basis
8657 Loan Review Asst 24U Job Basis
8658 Comm Invo1v Spec 21U Job Basis
8659 Loan Review Analyst 30U Job Basis
8660 Sr Proc Ctrct Ofci 31U Job Basis
8661 Procurement Aide 19U Hourly
8668 Labor Compliance Coordinator 26U Job Basis
8706 Sr. Job Training Supervisor 22U Job Basis
8715 Comm Service Provider 18U Hourly
8 718 Clerk I 12U Hourly
8719 Clerk II 14U Hourly
8720 Employ Interviewer 17U Hourly
8722 Client Service Coord 32U Job Basis
8723 Client Svcs Spec 25U Job Basis
8724 Accountant 22U Job Basis
8726 Account Clerk 17U Job Basis
8736 Public Info Coord 30U Job Basis
8738 Public Info Supv 27U Job Basis
8742 Code Compliance Spec 26U Job Basis
8743 Chief Elevator Inspector 32U Hourly
8745 Chief of Inspec Sery 32U Job Basis
-116-
Occupational Occupational
Code Title Salary Range
8752 Legislative Coord
8761 Investment/Debt Coord
8764 Financial Dev Coord
8770 Admin Aide I
8773 Admin Aide II
8774 Pension Board Adm
8785 Auditorium Mgr Asst
8786 Cony Center Mgr
8788 Training & Development Coord
8793 Spec Projects Coord
8801 Client Support Sery Aide
8803 Assessment & Referral Spec
8804 Training Specialist
8805 Job Placement Spec
8806 Skills Coach
8807 Employment Services Manager
8808 Case Management Supv
8809 Case Manager
8810 Sr Job Placemt Market Spec
8811 Case Mgt Assistant
8812 Training Coordinator
8815 Contract Compliance Anlst
8816 Contract Compliance Mgr
8817 Employment Program Anlst
8818 Job Placement/Mktg Coord
8820 Comm Dev Grants Tech Adrnin
8823 Budget & Fin Support Adv Sr
8824 Fiscal Assistant
8825 Fiscal Administrator
8830 Hsg Quality Assurance Aide
8835 Hsg Quality Assurance Supv
8840 Hsg Program Manager
8842 Hsg Program Analyst
8844 Hsg Quality Assurance Monitor
25U
28U
31U
20U
22U
35U
25U
31U
31U
29U
20U
24U
25U
22U
23U
28U
28U
25U
28U
22U
28U
27U
34U
27U
32U
33U
29U
22U
33U
19U
29U
32U
28U
24U
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Job Basis
Hourly
Job Basis
Hourly
Hourly
Hourly
All persons who hold interim, provisional, seasonal, part-time or temporary
positions are considered exempt from Appendix A and as such are not entitled to
any benefits as specified in this Agreement.
INDEX
ARTICLE PAGE
ACCIDENT REVIEW BOARD 46 89
AGREEMENT 1
ANNIVERSARY INCREASE 19 33
APPENDIX A 102
APPENDIX B 112
ATTENDANCE AT MEETINGS/UNION TIME POOL 8 9
BLOOD DONORS. 36 72
BULLETIN BOARDS 12 16
CALL BACK PAY 32 68
COMMENDATION PAID LEAVE 34 71
CONTRACT DISTRIBUTION 10 15
DEATH IN FAMILY . 43 85
DISCIPLINARY PROCEDURES 16 27
DISCRIMINATION.. 6 8
DUES CHECKOFF 13 17
EMPLOYEE EVALUATION 18 32
EMPLOYEES ACTING WITHIN SCOPE OF AUTHORITY20 35
EMPLOYEES' BILL OF RIGHTS 15 26
FAMILY LEAVE AND LEAVE WITHOUT PAY 41 82
GRIEVANCE PROCEDURE 14 19
GROUP INSURANCE 28 54
HOLIDAYS 45 87
JURY DUTY/COURT APPEARANCE 33 69
LABOR/MANAGEMENT PARTNERSHIP COMMITTEES 42 84
LEAVE BALANCE PAYOFFS 52 94
LINE OF DUTY INJURIES 23 37
LOSS OF EMPLOYMENT 17 29
ARTICLE PAGE
MANAGEMENT RIGHTS 4 4
MILITARY LEAVE 44 86
NOTICES 11 16
NO STRIKE 5 5
OVERTIME/COMPENSATORY TIME 27 51
OVERTIME DISTRIBUTION 50 67
PARKING 35 71
PAY SUPPLEMENTS 25 47
PENSION 53 94
PREAMBLE 1
PREVAILING BENEFITS 7 9
RECOGNITION 1 1
REPRESENTATION OF THE CITY 2 2
REPRESENTATION OF THE UNION 3 2
RESIDENCY 47 89
REST/LUNCH PERIODS 22 37
UNIFORMS AND SAFETY SHOES 29 62
SALARY BASIS/EXEMPT. 26 50
SAVINGS CLAUSE 49 90
SECURITY OPERATIONS 38 75
SENIORITY 51 93
SICK LEAVE 39 75
TARDINESS 40 80
TERM OF AGREEMENT 54 99
TOOL ALLOWANCE 30 64
TOTAL AGREEMENT 48 90
TUITION REIMBURSEMENT 31 65
UNION STEWARDS 9 14
VACATION. 37 72
WAGES 24 43
WORKING OUT OF CLASSIFICATION 21 35