The URL can be used to link to this page

Home My WebLink AboutExhibit 1AGREEMENT BETWEEN CITY OF MIAMI, MIAMI, FLORIDA AND FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 October 1, 2004 - September 30, 2007 TABLE OF CONTENTS ARTICLE PACE AGREEMENT 1 PREAMBLE 1 RECOGNITION 1 1 REPRESENTATION OF THE CITY 2 1 REPRESENTATION OF THE UNION 3 2 MANAGEMENT RIGHTS 4 4 NO STRIKE 5 5 DUES CHECK OFF 6 7 GRIEVANCE PROCEDURE 7 9 NOTICES S 14 ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL 9 15 SPECIAL MEETINGS 10 18 LABOR/MANAGEMENT COMMITTEE 11 19 VEHICULAR ACCIDENTS 12 20 BULLETIN BOARDS 13 23 NO DISCRIMINATION 14 23 PROBATIONARY PERIOD 15 24 DISCIPLINARY PROCEDURES 16 25 ABSENTEEISM & TARDINESS 17 26 LOSS OF EMPLOYMENT 18 29 LAYOFF AND RECALL 19 30 WAGES 20 31 OVERTIME/COMPENSATORY TIME/CALL-IN 21 34 VACATION SCHEDULING/CARRYOVER 22 36 SHIFT DIFFERENTIAL 23 39 SAFETY SHOES AND PERSONAL EQUIPMENT 24 40 LINE OF DUTY INJURIES 25 42 WORKING OUT OF CLASSIFICATION 26 46 GROUP INSURANCE 27 48 HOLIDAYS 28 50 EARNED PERSONAL LEAVE 29 52 SICK LEAVE 30 53 DEATH IN FAMILY 31 56 BLOOD DONORS 32 57 JURY DUTY 33 57 FAMILY LEAVE AND LEAVE WITHOUT PAY 34 58 INCARCERATED EMPLOYEES 35 60 WORK INCENTIVE PLAN 36 61 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING 37 63 ii PREVAILING BENEFITS ENTIRE AGREEMENT 39 73 PROVISIONS IN CONFLICT WITH LAW 40 74 EDUCATIONAL REIMBURSEMENT 41 75 PENSION 42 77 MEMORANDUM OF UNDERSTANDINGS 43 84 ACCIDENT REVIEW COMMITTEE 44 84 TERM OF AGREEMENT 45 85 APPENDIX A 86 APPENDIX B 88 INDEX 90 38 73 iii AGREEMENT This Agreement, entered into this day of between the City of Miami (hereinafter referred to as the "City") and the Florida Public Employees Council 79, AFSCME, AFL-CIO, Local 871, (hereinafter referred to as the "Union"). PREAMBLE WHEREAS, it is the intention of the parties to set forth herein the full Agreement between the parties concerning terms and conditions of employment which are within the scope of negotiations: NOW, THEREFORE, the parties do agree as follows: Article 1 RECOGNITION 1.1. The bargaining unit is as defined in the Certification issued by the Florida Public Employees Relations Commission on November 1, 2000, (Certification No. 1304, Case No. EL-2000-037, RC-2000-032) which includes all the classifications listed in APPENDIX A of this Agreement and excludes all classifications listed in APPENDIX B of this Agreement. Article 2 REPRESENTATION OF THE CITY 2.1. The City shall be represented by the City Manager or his designee. The City Manager or his designee shall have sole authority to conclude an Agreement on 1 behalf of the City subject to ratification by an official resolution of the City Commission. It is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the 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 or authority in committing or in any way obligating the City. Accordingly, the Union, its officers, agents and bargaining unit members agree to conduct all business regarding wages, hours, and terms and conditions of employment, with the City Manager or provided, however, ARTICLE 7 - GRIEVANCE PROCEDURE of this Agreement shall operate as specifically stated therein. Article 8 REPRESENTATION OF THE UNION 3.1. The bargaining unit shall be represented by a person or persons designated in writing to the Department of Employee Relations, Labor Relations Division by the Union President or designee. The identification of representatives shall be made by March 15th each year. The person or persons designated by the Union Representative or his/her designee, shall have full authority to conclude an agreement on behalf of the Union, subject to a majority vote of those bargaining unit members voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the bargaining 2 unit for the purpose of negotiating with the City. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union or the City. The Union will notify the Department of Employee Relations, Labor Relations Division in writing of any changes of the designated Union representative. 3.2. For the purpose of meeting with the City to negotiate a collective bargaining agreement, the Union shall be represented by not more than four (4) bargaining unit members and not more than one (1) non -employee Union representative. The employee representatives will be paid by the City for time spent in negotiations, but only for the straight -time hours they would otherwise have worked on their regular work schedule. For the purpose of computing overtime, time spent in negotiations shall not be considered as hours worked. Shift differential shall not be paid for time spent in negotiations. 3.3. The Union President will be allowed to meet with bargaining unit employees on City property during the one-half (1/2) hour prior to "work call" on the condition that the Department of Solid Waste Director or designee is advised one (1) working day prior to the proposed meeting. The Department Director of Solid Waste or designee shall designate the place in the assembly room for said meeting. The Union President shall not have access to the "work call" premises unless the conditions set forth in this section are met. It is agreed by the parties the meetings referred to herein will not carry over beyond "work call" unless specifically approved 3 by the Department Director of Solid Waste or designee, nor shall they interfere with Management's right to direct the workforce. Article 4 MANAGEMENT RIGHTS 4.1. The Union agrees that the City has and will continue to retain, whether exercised or not, the sole right to operate and manage its affairs in all respects, and the powers or authority which the City has not specifically abridged, delegated or modified by the express provisions of this Agreement are retained by the City. The rights of the City, through its management officials, shall include, but shall not be limited to, the right to determine the organization of City Government; to determine the purpose of each of its constituent departments, to exercise control and discretion over the organization and efficiency of operations of the City; to set standards for services to be offered to the public; to direct the employees of the City, including the right to assign work and overtime; to hire, examine, classify, promote, train or retrain, transfer, assign or reassign (daily or weekly), and schedule employees in positions with the City; to suspend, demote, discharge, or take other disciplinary action against employees for proper cause; to increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work, funds, or a material change in the duties or organization of a department; to determine the location, methods, means, and personnel by which operations are to be conducted, including the right 4 to determine whether goods or services are to be provided or purchased: to establish, modify, combine or abolish job classifications; to change or eliminate existing methods, equipment or facilities; and to establish, implement and maintain an effective internal security program. 4.2. The City has the sole authority to determine the purpose and mission of the City, and to prepare and submit budgets to be adopted by the City Commission. 4.3. Those inherent managerial functions, prerogatives and policy -making rights which the City has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained herein. Article 5 NO STRIKE 5.1. "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part, by any group of employees from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted. course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. 5.2. Neither the Union, nor any of its officers, agents and members, nor any 5 bargaining unit members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing in furtherance of a work stoppage, or any other interruption of the operations of the City. 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 Chapter 447, Part II, of the Florida Statutes, and the Constitution of the State of Florida, Article I, Section 6. Accordingly, the Union, its officers, 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. 5.4. Any or all employees who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of this Agreement. Appeal of suspensions or dismissals may be taken to the Civil Service Board consistent with applicable Civil Service Rules and Regulations. 6 Article 6 DUES CHECK OFF 6.1. 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 officer to the City from the pay of those employees in the certified bargaining unit who individually make such request on a written check off 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. 6.2. This Article applies only to the deduction of membership dues and uniform assessments, if any, and shall not apply to the collection of any Union fines, penalties, or special assessments. 6.3. Deductions of dues and uniform assessments, if any, shall be remitted by the City during the week following each biweekly pay period to a duly authorized representative as designated in writing by the Union. The Union shall remit to the City the sum of two hundred and fifty dollars ($250.00) to provide for the cost of dues check off. Such payment shall be made annually and shall be received by the City no later than October 1 of each year. If payment is not timely received the City shall suspend dues deductions until accounts are current. 6.4. In the event an employee's salary earnings within any pay period, 7 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. 6.5. Deductions for Union dues and/or uniform assessment shall continue until either: (1) revoked by the employee by providing the City and the Union with thirty (30) days written notice that he/she is terminating the prior check off authorization [the thirty (30) days notice shall commence on the day the dues cancellation request is mailed by the City to the Union]; (2) the termination of the authorizing employee, (3) the transfer, promotion, or demotion of the authorizing employee out of the bargaining unit, or (4) unit decertification occurs. 6.6. The Union shall indemnify, defend. and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise), and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with this Article. The Union shall promptly refund to the City any funds received in accordance with this Article which are in excess of the amount of dues and/or uniform assessments which the City has agreed to deduct. 6.7. The Dues Check off Authorization Form provided by the City shall be used by employees who wish to initiate dues deduction. 8 Article 7 GRIEVANCE PROCEDURE 7.1. A grievance is defined as a dispute involving the interpretation or application of the specific provisions of this Agreement, except as exclusions are noted in other Articles of this Agreement. The parties agree that the City can use this Grievance Procedure to enforce the terms of this Agreement. 7.2. A grievance shall refer to the specific. provision or provisions of this Agreement that are alleged to have been violated. Any grievance not conforming to the provisions of this paragraph shall be rejected and considered conclusively and irrevocably abandoned. Oral and written reprimands/warnings/deficiencies shall not be considered grievable under this Agreement or the Civil Service Board. The grievance procedure set forth herein is only available to permanent employees. 7.3. Nothing in this Article or elsewhere in this Agreement shall be construed to permit the Union to process a grievance on behalf of any employee without his/her consent, or to permiteither the Union or an individual employee to process a grievance with respect to any matter which is the subject of a grievance, appeal, administrative action before a governmental board, commission or agency, or court proceeding brought by an individual employee or group of employees, or by the Union. The parties agree that any complaint specifically regarding the interpretation or application of the Civil Service Rules and Regulations is only reviewable under the procedure currently set forth in Rule 16, Civil Service Rules and Regulations, and not under this Grievance Procedure. 9 A request for review of complaints under Civil Service Rules 16.2 and 17 may only be made by employees with permanent status. Such reviews will be denied where the request does not cite the specific Civil Service Rule which is the basis of the complaint; where the issue is a matter subject to collective bargaining or where the request for review or investigation is received more than thirty (60) days after the incident in question or knowledge thereof. 7.4. It is further agreed by the Union that employees covered by this Agreement shall make an exclusive election of remedy at Step Two of the Grievance or prior to initiating action for redress in any other forum. Such choice of remedy will be made in writing on the form to be supplied by the City. The election of remedy form will indicate whether the aggrieved party or parties wish to utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or administrative action before a governmental board, commission, agency or court proceeding. Any 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. 7.5. To simplify the Grievance Procedure, the number of "working days" in presenting a grievance and receiving a reply shall be based upon a five (5) day work week, Monday through Friday, not including City-wide holidays. 7.6. Grievances shall be processed in accordance with the following procedure: -10- Step 1. The aggrieved employee shall discuss the grievance with his immediate supervisor outside the bargaining unit within seven (7) working days of the occurrence which gave rise to the grievance. The Union representative shall be given an opportunity to be present at any grievance meeting. Failure of the Union representative to attend shall not preclude the meeting from taking place. The immediate supervisor shall review the matter and shall verbally respond to the employee within seven (7) 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, 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 and signed by the aggrieved employees or the Union representative on their behalf. The Election of Remedy form as provided in Section 7.4. of this article shall be co►mpieted and attached to grievances presented directly at Step 3. Step 2. If the grievance has not been satisfactorily resolved at Step 1, the Union may pursue the grievance by a written appeal to the Department of Solid Waste Director within seven (7) working days from the time the Step 1 response was issued or due, (whichever occurs first). The Department of Solid Waste Director shall meet with the Union representative and shall respond in - 11 - writing to the Union within seven (7) working days from receipt of the written grievance. Step 3. If the grievance has not been satisfactorily resolved at Step 2, the Union 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 issued or due, (whichever occurs first). The Director of Employee Relations or designee shall hold a grievance hearing with the Union representative and shall respond in writing to the Union within ten (10) working days from the date of the hearing. Step 4. If the grievance has not been satisfactorily resolved within the Grievance Procedure, the Union may request a review by an impartial arbitrator provided such request is filed in writing with the Department of Employee Relations, Labor Relations Division no later than fifteen (15) worki.ng riar after the Director of Department of Employee Relations or designee's Step 3 response was issued or due, (whichever occurs first). 7.7. All grievances must be processed within the time limits herein provided unless extended by mutual agreement in writing between the department and/or the Department of Employee Relations, Labor Relations Division and the Union. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Any grievance not answered by - 12 - Management within the time limits provided above will automatically advance to the next higher step of the Grievance Procedure. 7.8. The parties to this Agreement will attempt to mutually agree upon an independent arbitrator. If this cannot be done, one will be selected from a panel or panels to be submitted by the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service as agreed to by the parties. Any issue of timeliness of the grievance will be addressed in a separate, arbitration to be held before the arbitration on the merits of the case. The parties agree that the arbitrator who decided the timeliness issue will not be selected to hear the case on the merits. ---7.9. The arbitration shall be conducted under the rules set forth in this Agreement and not under the rules of the American Arbitration Association or the Federal Mediation and Conciliation Service as agreed to by the parties. Subject to the following, the arbitrator shall have jurisdiction and authority to decide a grievance as .defined in this Agreement. All issues of arhitrability shall he decided by the arbitrator except as otherwise noted in this contract. The arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrator to - 13 - supersede applicable laws in existence at the time of signing this Agreement. 7.10. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. 7.11. It is contemplated that the City and the Union mutually agree in writing as to the statement of the matter to be arbitrated prior to hearing; and if this is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of failure of the parties to so agree on a statement of issue to be submitted, the issue will be framed by the arbitrator at the time of the hearing. 7.12. Each party shall bear the expense of its own witnesses and of its own representatives. The parties shall bear equally the expense of the impartial arbitrator, and the transcript of the arbitration hearing. Should any individual employee bring a grievance under this Article, he/she shall be required to post a bond of an estimated one-half of the expenses of the hearing with the arbitrator before the hearing may be scheduled. 7.13. Copies of the award of the arbitration made in accordance with the jurisdiction or authority under this Agreement shall be furnished to both parties within thirty (30) days of the hearing and shall be final and binding on both parties. Article 8 NOTICES 8.1. The City of Miami agrees to provide to the Union the following notices -14- or bulletins: City Commission Agenda, the Solid Waste Department draft budget to be presented to the City Commission, the Solid Waste Department final departmental budget and any other notices, bulletins, or material which the City Manager or his designee determines would affect the terms and conditions of employment of the members of the Union. Such notices and estimates will be available for pickup by a Union representative at the City of Miami's Department of Employee Relations, Labor Relations Division. Article 9 ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL 9.1. Only .one employee Union representative shall be allowed to attend regular meetings and special meetings of the City Commission, the Civil Service Board, the Equal Employment Opportunity Advisory Board and the Pension Plan Board on City time. Time off for the employee Union representatives or any other bargaining unit employee to attend other meetings willbe in accordance with Section 9.2. of this Article. 9.2. A Union Time Pool is hereby authorized subject to the following: A. Each fiscal year, the City agrees to provide a noncumulative time pool bank of 3,000 hours to be used in accordance with the provisions of this Article and any and all hours heretofore banked are to be considered irrevocably expended at the end of each fiscal year. - 15 - B. For each employee, except the employee Union President when on full time release, who is authorized to use time from the Time Pool, the Union President shall fill out the appropriate form as provided by the City. This form shall be signed by the Union President and forwarded to be processed through channels of the employee who is to use the pool time. The form must be processed so that a copy shall be in the Office of the Department of Solid Waste Director a minimum of seven (7) calendar days prior to the time the employee desires such leave. A copy shall also be forwarded to the Department of Employee Relations, Labor Relations Division. It is understood on rare occasions the seven (7) day time limit may not be met. The employee Union President or his/her designee then shall forward a detailed explanation to the Department of Solid Waste Director as to why the seven (7) day rule was not met, and copy the Department of Employee Relations, Labor Relations Division. C. Employees shall be released from duty on pool time only if the needs of the service permit, but such release shall not be unreasonably denied. If because of the needs of the service an employee cannot be released at the time desired, the Union may request an alternate employee be released from duty during the desired time. D. Only one (1) bargaining unit employee shall be released to attend meetings requested by the City unless management authorizes additional bargaining unit personnel. E. In reporting an employee's absence as a result of utilizing the Union Time Pool, the daily attendance record shall reflect: (Authorized Leave) "Employee Doe on AL". F. Any injury received or any accident incurred by an employee whose time is being paid by the Union Time Pool, or while engaged in activities paid by the Union Time Pool, shall not be considered a line -of -duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of his employment by the City of Miami within the meaning of Chapter 440, Florida Statutes, as amended. G. Upon written request to the Department of Solid Waste Director, the employee Union President, or designee, will be released for the term of this Agreement from his or her regularly assigned duties for the City. The terms of this Agreement for such release are only to be implemented if the following qualifications are met by the Union: 1. The Union President, or a designee, will be reasonably available through the Union office currently located at 99 N.W. 183 Street, Suite 224, Miami, FL. 33169 or as may be otherwise advised in writing, for consultation with the Management of the City of Miami. 2. As provided in Section 9.1. of this Article, only the employee Union President or a designee shall be released to attend meetings. 3. The Time Pool will be charged for all hours during which the employee Union President is on off•duty release except that absence due to use of vacation leave, compensatory leave, or sick leave will be charged to the employee's leave accounts. Employees conducting Union business or attending meetings shall not have that time counted as hours worked for purposes of overtime or compensatory time. 9.3. All applicable laws, rules, regulations and/or orders shall apply to any person released under the terms of this article. Violations of the above -mentioned laws, rules, regulations and/or orders -may subject the employee to disciplinary actions. 9.4. The City reserves the right to rescind the provisions of this Article in the event any portion of this Article is found to be illegal. Canceling the Article shall not preclude further negotiations of future employee pool time. Article 10 SPECIAL MEETINGS 10.1. The City Manager, or his/her designee, and the Union agree to meet - 18 - and confer on matters of interest upon written request of either party. The written request shall state the nature of the matter to be discussed and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the request, and it is understood that these special meetings shall not be used to renegotiate this Agreement. Special meetings shall be held within fifteen (15) working days of the receipt of the written request and shall be held between 8:00 a.m. and 5:00 p.m., at a time and place designated by the City. The Union shall be represented by not more than five (5) persons at special meetings. One (1) of the employees shall be the person on full time release. 10.2. Release of an employee from his scheduled work assignment for the purpose of attending a special meeting shall be made in accordance with ARTICLE 9, SECTION 9.2., of this Agreement. However, if the meeting is canceled by the City Manager or his designee, no charge shall be made to the employee time pool. Article 11 LABOR MANAGEMENT COMMITTEE There shall be a Departmental Labor/Management Committee established in the Solid Waste. Department of the City of Miami. Said Committee membership shall include representatives from management and bargaining unit members. 11.1. The Departmental Labor/Management Committee shall meet at least every two (2) months, and such meetings shall be scheduled during normal business hours. The purpose of these meetings will be to discuss health and safety issues, -19- 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 Committee meetings shall not be used to renegotiate the labor agreement between the City and the Union. All decisions made by the Departmental Labor/Management Committee shall be by affirmative consensus and shall be forwarded as recommendations to the Department of Solid Waste Director. 11.2. The Departmental Labor/Management Committee meetings shall be conducted on an informal 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 Committee. The chairperson shall arrange for minutes to be taken of the meeting and for the distribution of copies to each member of the Committee, Union Business Manager and the employee Union President, and the City's Department of Employee Relations, Labor Relations Division. The minutes will also be made available at the Department of Employee Relations, Labor Relations Division for review. Article 12 SAFE DRIVING 12.1 In recognition of the policy to encourage safe driving, all bargaining unit employee who are regularly scheduled to drive city vehicles or operate - 20 - Department equipment shall receive the face value of three hundred dollar ($300.00) in savings bonds for each annual period the driver is accident free. Accident free means that for this annual period the employee has not been ruled to be at fault. Any pending rulings will delay receipt of any award until that case has been resolved. The one (1) year annual period for measurement will commence each October 1 and payment will be made the first full pay period following November tat of the next fiscal year for the operators who are accident free, providing there is no pending determination of accident fault. Definition of Regularly Scheduled means: Assigned to a city vehicle or equipment for a period of 10 months within a Fiscal Year. Commencement of regularly scheduled assignment is the actual day assigned to drive a vehicle or operate Department equipment. Vacation, Compensatory and Holiday Time taken while assigned to driving a city vehicle or operating Department equipment shall count as work assigned to driving a city vehicle or operating departmental equipment. However, Sick Leave, Disability, Illness of Family, or working on Union Business are not counted as assigned to driving a vehicle or operating Department equipment. 12.2. All bargaining unit employee operating City vehicles shall have obtained the federally required commercial driver's license and endorsements as may be determined necessary by Management. Bargaining unit employees operating motorized vehicles in the Solid Waste Department shall have the required Florida Driver License and endorsements in their possession at all times. 21- Should the employee not have in his/her possession upon inquiry q Y by the Department a valid driver license as required by the contract, he/she shal l l be disciplir €d. 12.3. Any employee whose driver license and/or endorsement(s) are revoked suspended, or restricted in any way by the State of Florida shall notify his/her supervisor immediately. Should the employee fail to notify the Department of a suspension, revocation, or restriction in writing as ,required by this contract he/she shall be subject to discipline. 12.4. Any employee whose driver license is revoked or suspended p will be allowed to use vacation, compensatory time or leave without pay for up to two weeks to correct the suspension or revocation. If the suspension or revocation is not corrected within that time the employee will be suspended without pa for a Y period of 30 days. If after the 30 days suspension without pay, the driver license suspension(s) or revocation is not corrected, the employee will be_demoted to a non- driver classification if such a position is available. If no such position is available, the employee will be separated from employment. Future opportunitie s of promotion to a driver classification for the employee placed in a non -driver classification shall be in accordance with Civil Service Rules and Regulations. g ations. Employees who do not have a commercial driver's license and required endorsements shall not be eligible to work out of class in driver classifications. 12.5. This article is effective upon ratification of this collective bargaining agreement by both parties. - 22 - Article 13 BULLETIN BOARDS 13.1. The City will provide for the use of the Union a glass enclosed locking bulletin board at the Solid Waste Department building. A key to the bulletin board will be kept by the Department Head or his/her designee, and by a representative of the Union. The bulletin board 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 E. Contract Administration Information 13.2. Notices or announcements shall not contain anything political or reflecting adversely on the City or any of its officers or employees; notices or announcements which violate the provisions of this section shall not be posted. Notices or announcements posted must be dated and must bear the signature of the Union President or designee. In the event any material not comporting with this article is posted on the bulletin board, it shall be promptly removed by a representative of the Union or a representative of the City. Article 14 NO DISCRIMINATION 14.1. The City agrees to continue its policy of not discriminating against any 23 employee because of age, race, creed, national origin, Union membership or sex. Any claim of discrimination by an employee against the City, its officials or representatives, shall not be grievable or arbitrable under the provisionfi of ARTICLE 7 - GRIEVANCE PROCEDURE but shall be subject to the method of review prescribed by law or by rules and regulations having the force and effect of law. 14.2. The Union shall not interfere with the right of employees covered by this Agreement to become or refrain from becoming members of the Union, and the Union shall not discriminate against any such employees because of membership or non -membership in any employee organization. Article 15 PROBATIONARY PERIOD 15.1. All bargaining unit employees shall be required to serve twelve (12) months of continuous service in a probationary status commencing with the date of their appointment to any bargaining unit classification. 15.2. Probationary periods may be extended by the Department of Solid Waste Director for an additional period not to exceed six (6) months. The employee shall be advised in writing of the length of the extension and the reasons for it prior to the end of the employee's eleventh month of service; provided, however, that probationary period extensions shall not be appealable to the Civil Service Board nor grievable under this Agreement, but shall only be subject to review by the - 24 - Director of Department of Employee Relations or designee whose decision shall be final and binding on the employee and the Department. Article 16 DISCIPLINARY PROCEDURES 16.1. When an employee has reasonable grounds to conclude that his participation in an investigatory interview will result in receipt of disciplinary action, the employee may request that the Union President or a City employee be present at the interview. The employee's representative shall confine his/her role in the investigatory interview to advising the employee of his/her rights. Upon request, the City will make a reasonable effort to contact the employee's choice of representative but shall not be obliged to delay the interview beyond 2 (two) hours. 16.2. Investigatory interviews shall be conducted at a reasonable hour, preferably while the employee is on duty, unless the seriousness of the investigation is of sneb degree that immediate action is required. If the employee is to be interviewed outside his/her assigned work schedule, he/she shall be paid overtime in accordance with Article 21 — Overtime/Compensatory Time/Call-In. 16.3. At the commencement of the interview, the employee shall be advised of the subject matter of the investigation, if he/she is a principal, and identify those parties making the allegations. 16.4. Interviews shall be for reasonable periods and shall allow for such personal necessities and rest periods as are reasonably necessary. - 25 - 16.5. In cases where it becomes necessary to immediately relieve a permanent, classified employee covered by this Agreement, the employee shall be relieved of duty with pay pending the outcome of the investigation. Proof of service of notification of discipline resulting from an investigation shall consist of either: a) hand delivery to the employee, or b) certified mail delivery to the employee's last known address on file with the Department of Solid Waste. 16.6. An appeal of any discharge or other disciplinary action, excluding oral or written reprimands will be in accordance with Article 7. 16.7. Employees who have not attained permanent status in the classified service, or who are entrance probationary employees, may not grieve disciplinary action under the provisions of this Agreement. Permanent classified Civil Service employees who have been appointed to a promotional position but who have not completed the required probationary period may be rolled back to the previously held position if he fails to meet his probationary period at any time prior to the expiration of the probationary period. Said demoted employee shall emit be accorded a hearing before the Civil Service Board or access to the grievance procedure contained herein. 16.8. Employees may be progressively disciplined only for proper or just cause, provided they are full-time employees who hold permanent status in the City's Civil Service. Progressive discipline shall include the following: 1. Verbal or Oral Counseling -26- 2. Written Reprimand 3. Written Reprimand/Forfeiture of up to eight (8) hours of the employees' vacation or compensatory leave balance 4. Suspension of up to 3 workdays 5. Demotion 6. Dismissal 16.9. This article is effective upon ratification of this collective bargaining agreement by both parties. Article 17 ABSENTEEISM & TARDINESS 17.1. The parties agree that employee absenteeism and/or tardiness hinders the cost-efficient delivery of service by the department and creates hardship for both management and members of the bargaining unit. The Union will urge its members to reduce absenteeism. Pursuant to that position, the parties agree that: 17.2. Definitions: Instance — An absence from work of more than one consecutive work day for reasons of non -job related illness or injury, or family illness not excused under FMLA or any absence without leave not authorized at least one work day in advance of the absence. A physician ordered absence because of the employee's _27_ injury or acute illness or his attending to serious injury or acute illness of any actual member of the employee's household shall not be counted as an instance of absence provided the employee has submitted proper documentation. Management in its sole discretion may require a Doctor's statement from the employee verifying same. Failure to provide the Doctor's verification within three (3) working days shall cause the absence to be counted as an instance. The submitted doctor's statement shall verify the nature of diagnosis and the duration of time the physician feels the illness disabled the employee from performing his/her work. Tardiness-- Reporting for work in excess of fifteen (15) minutes beyond the scheduled starting time of the shift. Employees who are tardy to work will be carried unauthorized leave without pay in fifteen (15) minute increments. Annual Period-- A twelve (12) month period beginning with the occurrence of the employee's first instance. 17.3. Employees shall be disciplined for absences and tardiness in accordance with the following schedule -28- Number of Instances Discipline 3rd instance in annual period Written warning 4th instance in annual period Written reprimand 5th instance in annual period Three (3) work day suspension w/o pay 6th instance in annual period One work week suspension w/o pay 7th instance in annual period Dismissal 17.4. Exceptions to the above schedules may be granted by the Department of Solid Waste Director and the Director of the Department of Employee Relations or designee, if in their sole discretion, individual circumstances warrant such action. Any request for a review of an instance must be filed with the Department of Solid Waste Director within five (5) working days of the receipt of any related discipline by the employee. Article 18 LOSS OF EMPLOYMENT 18.1. Employees shall lose their seniority and their employment shall be terminated for the following reasons: 1. Discharge if not reversed. 2. Resignation. 3. Abandonment of position. An employee absent for three (3) consecutive work days without personal notification by that employee to the City will be considered as having resigned unless -29- 19.1 continuous the Depart 19.2. permanent positions be 19.8. determined t the employee has a legitimate acceptable reason for that absence and for not notifying the City of his/her absence. A resignation under this article shall be appealable only through the grievance procedure. On the second day an employee is absent "W" (without pay), the City shall notify the employee Union President of the employee's absence. 4. Unexcused failure to return to work when recalled from layoff. 5. Unexcused failure to return to work after expiration of a forma l leave of absence. 6. Retirement. 7. Layoff for a continuous period of twenty-four (24) months. Article 19 ysifFF A1VD RECALL . Definition: Seniority shall mean the status attained by the length of service within existing permanent Civil Service classifications within ment of Solid Waste. Definition: Layoff shall mean the separation of employees from the active work force due to lack of work, funds, abolition of position or cause of changes in organization or other causes. In the event a permanent or prolonged reduction in personnel is o be necessary, length of seniority shall be the determining factor in -30- such layoff (and any subsequent recall from layoff) except the Department of Solid Waste may deviate from seniority in layoffs or demotions when seniority alone would result in retaining employees unable to maintain a satisfactory level of service to the citizens when such deviation is recommended to and approved by the City Manager. In such cases the Union will be advised of the determination and the reasons therefore. 19.4. In the event an employee having permanent status in a Civil Service classification covered by this Agreement is laid off, he or she shall have the option to bump the most junior employee within a lower classification covered by this Agreement in which he or she held permanent status. 19.5. For the term of this Agreement, should the City determine it requires additional personnel in the Solid Waste 'Department, personnel on layoff will be given an opportunity to fill a position in the Solid Waste Department in accordance with the Civil Service Rules and Regulations. To the extent practical, based on the City's needs, employees on layoff and who qualify will be considered for vacant part- time and temporary positions from the established layoff list within the City. Those employees on the layoff list shall be considered before the City may recruit from employees not currently on the City's payroll. Article 20 WAGES 20.1. The Union agrees with the City that there is a need to address the 31- operational method of the Solid Waste Department, which may require a reorganization of the Solid Waste Department. The reorganization will require implementation of staffing and operational changes in order to increase the efficiency of the department and reduce costs. The Union, its officers, agents, and members pledge their support in implementing such operational changes or reorganization and the Union hereby waives all requirements of approval, and notice of such changes including impact bargaining.. Effective the first full pay period following the dates indicated below, the bargaining unit employee will receive an across-the-board wage increase as follows: October 1, 2004 - 2% October 1, 2005 - 2% October 1, 2006 2% 20.2. Active bargaining unit members who retire (excluding vesting) shall rccei:Je a retroactive salary increase cw five percent (5%) for the employAA'a 19 i er highest one (1) year's salary upon retirement. The five percent (5%) salary increase shall not be reflected in the hourly pay rate for the purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not be applicable to overtime. Upon ratification of the collective bargaining agreement, Section 20.2 becomes null and void. 20.3. All changes in salary for reasons of promotion, demotion, merit increase, longevity increase or working out of classification shall be effective the -32- first day of the payroll period following the effective date of the change. Leaves of absences without pay or suspension of any duration shall delay increases by the period of time involver!. 20.4. Effective October 1, 2006 bargaining unit members shall become eligible for the step increases as specified below: Step 2 -5% Step 3 - 5% Step 4 - 5% Step 5 - 5% Step 6 - 5% Step 7-2.5% Step 8 - 2.5% 20.5. 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, it shall cause the effective date of the increase to be deferred by the same number of calendar days embraced by said period of time. This provision shall apply to employees who attain ten (10), fifteen (15), twenty (20) years, twenty-one (21) years, or twenty-two (22) years of continuous classified service. The longevity stipulated above is as follows: 10 years of continuous service 5% - 33 - 15 years of continuous service 5% 20 years of continuous service 5% 21 years of continuous service 2.5% 22 years of continuous service 2.5% 20.6. Any bargaining unit employee, upon 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/her retirement or honorable separation one hundred seventy-three and three tenths (173.3) hours of pay. Article 21 OVERTIME/COMPENSATORY TIME/CALL-IN 21.1. All authorized hours actually worked in excess of an employee's forty (40) hour work week shall be considered overtime work. All paid leave time except for actual hours worked shall not be credited as time worked for purposes of determining overtime under this article. Where this Agreement provides that employees involved in Union representation or labor-management activities are to be paid for such time by the Time Pool or the City, such hours shall not be deemed as hours worked in determining overtime eligibility. Such payments shall be at the employee's straight time rate of pay, and shall only be applicable to authorized activities that occur during the employee's forty (40) hour work week. 21.2. Employees performing earned overtime work shall, at their discretion, - 34 - be paid time and one-half at their straight time hourly rate of pay or shall be given compensatory time at the rate of time and one-half for such work. This overtime rate shall be all inclusive an.cI no additional cnm.pensation in the form of hourly differential, etc., shall be paid. 21.3. The maximum accumulation of compensatory time hours `is two hundred (200) hours. If an employee takes compensatory time off, the hours in his bank would be appropriately reduced by such time off. If an employee leaves the service of the City and cashes inhis bank, the hours therein shall be valuated on. the basis of the rate of pay earned by that employee during the last pay period of the fiscal year in which the hours were banked. 21.4. The parties agree that overtime hours shall not be used in the computation of arriving at average earnings for purposes of establishing pension benefits. 21.5. The parties agree that assignments of overtime work shall rest solely with the Department Head or his designee. Management will attempt to rotate overtime to eligible persons within their respective classifications. A voluntary sign up list will be posted for bargaining unit members to sign up for overtime. Management, by utilizing volunteers, does not waive its rights to require overtime. Any questions regarding the classifications needed, frequency, staffing, scheduling, emergencies, etc., will remain the sole prerogative of the Department Head or his designee. 21.6. The parties agree that assignment of overtime work is on an - 35 - involuntary basis and any employee refusing assignments of such work is subject to disciplinary action as deemed appropriate by the Department Head. 21.7. Any permanent hargaining unit employee eligible for overtime shall., if recalled to duty by Management during off -duty hours, receive a minimum of three (3) hours plus one (1) hour travel time, paid at the overtime rate. The parties agree that call-back hours shall not be used in the computation of average earnings for purposes of establishing pension benefits. An employee out on ill time or worker's compensation will not receive call back pay for taking the required, physicalbefore said employee may be released to return to work. Article 22 VACATION SCHEDULING/CARRYOVER 22.1. Vacation Scheduling - By November 30th of the year preceding the vacation year, each employee will select a vacation period in accordance with the Department Vacation Selection Procedure. Said Vacation Selection Procedure will be developed by Management and will include, but not be limited to, the following elements: A. Vacation selection by seniority in classification. B. Assignment of an employee number to all employees within each classification with the number one (1) being the senior person in each classification. C. Provision of time frames during working hours in which -36- employees will be directed to select their vacation. 22.2. The Department Director shall establish a vacation schedule based on a payroll year and shall post it by January 1 of the current year. The schedule shall establish the number of personnel, by classification, who may take vacation leave at any one time. By the last payroll period of each calendar year, each employee shall be granted a vacation period subject to the provisions of this Article. Where an employee does not submit a vacation preference as required above, the Department Director will assign a mandatory vacation period equal to the employee's current accrual rate, not withstanding any carryover time up to 150 hours. Employees shall not be permitted to exchange seniority rights in the selection of vacation periods. However, subsequent to the last payroll period of each calendar year, employees may exchange vacation periods within their classification subject to the Department Director's approval. Such approval shall not be unreasonably withheld. During the vacation year, employees may use additional vacation leave at the digcrntiox+ of the Department Director. 22.3. Vacation shall be taken by the Last payroll period of the calendar year in which the vacation was credited. Employees shall only be allowed to carryover 150 hours of the previous year's credited vacation. Any excess vacation over the 150 hour automatic carryover shall be forfeited as of the last payroll period of the calendar year in which the vacation was credited. Employees who have been carried on full disability the entire previous year - 37 - shall be paid for all excess vacation over 150 hours at the rate of pay the employee was earning at the time the employee was placed on full disability. If an employee is unable to take a previously authorized vacation due to cancellation by his/her Department, any hours in excess of the 150 hours which would have been forfeited �� shall be paid for at the employee's current rate of pay or shall have the option of rescheduling the previously canceled vacation within the vacation year the vacation was canceled. If the canceled vacation is not requested to be rescheduled, the vacation time shall be paid off as outlined above. 22.4. Effective January 1, 1999, all bargaining unit employees shall accrue vacation at the same rate. Vacation accrual shall be based on the current vacation schedule of bargaining unit employees on an 8-hour work day. Permanent classified civil service employees after completion of eleven (11) years of service shall accrue an additional four (4) hours of vacation annually. 22.5. Other than regularly scheduled vacation, requests for additional 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 his/her designee. Except for where otherwise provided in this labor agreement vacation leave may not be used for illness. Upon an employee's retirement or separation from City service, the employee will be paid for those vacation hours credited and earned through the employee's separation date. -38- Vacation shall be calculated on actual service in the previous calendar year and shall only be taken after the completion of six months of actual continuous service. 22.6. In those instances where an employee requests payment of vacation hours as a result of an emergency situation, such requests will only be considered upon submission of backup documentation. Approval for such payment will rest solely with the Director of the Department of Employee or designee of the City Manager. 22.7. Effective January 2003 vacation accrual rates shall be increased by twelve (12) hours. Article 23 SHIFT DIFFERENTIAL 23.1. A night shift differential of $.50 per hour will be paid to bargaining unit employees who work a regular established shift between the hours of 6:00 p.m. and A:00 a.m. Howe :per, more than one-half of the hours of the regular establish-d shift must be within the hours of 6:00 p.m. and 8:00 a.m. 23.2. Consistent with Section 23.1, night shift differential will only be paid for hours actually worked during the regular shift and will not be paid for any overtime hours and will not be used to calculate any overtime pay rate. 23.3. Night shift differential shall not be used in calculating average earnings for pension purposes. -39- Article 24 SAFETY SHOES AND PERSONAL EOUIPMIENT 24.1. Bargaining unit employees in those classifications determined by Management to require the wearing of safety shoes will, effective upon ratification of the labor agreement, be provided up to $75.00 for the purchase of an initial pair of safety shoes. 24.2. When, due to wear and tear or accidental destruction, a replacement pair of shoes is required, the City will grant up to an additional $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 is turned in to the Department of Solid Waste. The Department of Solid Waste Director, or his designee, shall provide the replacement of authorized safety shoes on the basis of need and not on an automatic basis. 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 aocc.ptahle by Management. Employee dhall be advised of shoe models whi.ch conform to City standards. 24.3. City furnished equipment which is authorized and requested will be replaced when worn out or damaged only if the employee returns the worn out or damaged equipment to the Department of Solid Waste. This includes tote barrels, gloves, boots, foul weather gear, and protective eye glasses. 24.4. A bargaining unit employee shall reimburse the City for the repair or replacement cost of lost, stolen, or damaged City equipment when the employee's - 40 - carelessness and/or negligence resulted in the loss, theft, or damage. Such City equipment shall include but not be limited to keg coolers, tote barrels, rakes, shove's, pitch forks, chain saws, and axes. 24.5. The City agrees to annually provide each employee, with four (4) shirts (two (2) of which may be tee shirts of a quality determined by management), four (4) pants, one (1) cold weather jacket, and an initial issue of one (1) safety belt and upon the employee's request up to four (4) caps, if regularly assigned to a 4-10 schedule and five (5) caps, if regularly assigned to a 5-8 schedule. The cold weather jacket and safety belt will be replaced every other year. Should an employee lose the issued safety belt, the employee will be issued another safety belt and shall immediately reimburse the City for the current cost of the safety belt through payroll deduction over a period of four pay periods. Annual requests for uniforms must be made to the Supervisor by the employee during the month of January or the employee shall be issued the same type of uniform received in the preceding year. Each uniform draw shall he recorded 1)3- the Supervisor and signed for by the employee. Employees who are absent or who are not working full time in their classification shall not be eligible for a uniform draw until they return to their regular full-time assignment. Upon their return to full-time City employment, they will be issued uniforms within 45 days. 24.6. Employees issued uniforms, including safety belts, shall be required to wear the approved uniform as a continuing condition of employment. All issued safety equipment shall be worn by the employees in the appropriate manner at all -41 - times or the employee shall be subject to disciplinary action up to and including termination. Uniforms and safety shoes furnished by the City will not be worn on a day when the employee is off duty. Article 25 LINE OF DUTY INJURIES 25.1. Workers' Compensation Medical and Indemnity Benefits. To the extent required by, and subject to the limitations specified in, Chapter 440, Florida Statutes, the City will provide workers' compensation indemnity benefits to any bargaining unit member who sustains a compensable line of duty injury or illness as provided by the Workers' Compensation Law of the State of Florida. 25.2. 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 ;'aid in the formof a coni,iuuation 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. 25.3. Employees 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 - 42 - employee has been disabled for a period in excess of seven (7) calendar days. 25.4. 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 upto an additionally 60 consecutive days upon approval of the City Manager or his des ignee. The 150 days begin when the bargaining unit member is actually placed on "D". D . If the bargaining unit member is removed from "D," the non "D" time will not apply to the 150 days period. 25.5. If an employee remains temporarily disabled beyond the period of time in which he is entitled to collect the 80% supplementary pay benefits, he shall be entitled to supplementary pay equal to 2/3 "D" payments for the additional period od of his temporary disability pursuant to current practices. 25.6. If an employee becomes permanently and totally incapacitated for the further performance of the duties of his/her classified position he/she shall petition the retirement board for retirement. The supplementary salary of th 212 "D" �°r�s described above, shall be carried by the department until the retirement is granted or denied. 25.7. At any time during his/her absence from duty claimed to be the res ult of a line of duty injury while an employee is collecting City supplementar y the employee shall be required, upon the request of the City Manager, g or his designee, to submit to a physical examination by a physician designated by the City Manager within fifteen days of the request. If such employee, without cause, - 43 - as determined by the City Manager, shall fail to submit to the examination at the time specified, all City supplementary salary benefits will be terminated. 25.8. 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 contributionl, 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 no t sufficient funds available, the bargaining unit member will be responsible for making payments for the non -mandatory and voluntary deductions directly to those providers and creditors who would have otherwise been paid through the City's payroll deduction process. The parties agree that this process is intended to provide the employee with - 44 - 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. No supplementary pay will be paid on a claim and/or injury that arises out of a purposeful act performed by a bargaining unit member that causes harm to self or another. The amount of the pension contribution shall be based on "earnable compensation" as defined by Miami Code - 45 - 25.9. Nothing in this section, shall be construed as a waiver of the City's rights under applicable state law. This article is effective upon ratification of this collective bargaining agreement by both parties. Article 26 WORKING OUT OF CLASSIFICATION 26.1. The Department of Solid Waste Director, or hielher designee in his/her sole discretion may direct an employee to work in an acting capacity in a higher classification other than the one to which the employee is permanently assigned, due to absence or vacancy. 26.2. To be eligible to work an acting assignment in a higher classification, the employee must hold permanent civil service status and complete the Department's basic training course for the classification to which the employee will be assigned, possess the federally required valid commercial drivers' license (CDL) and any required endorsements, and have satisfactorily demonstrated acceptable work habits and job performance. 26.8. Once an employee is determined by the Department of Solid Waste Director or designee to meet the criteria for working out of classification as specified in Section 26.2, the employee may be assigned to the higher classification based on seniority of classified service with the City for the period of time determined by Section 40-191. - 46 - Management. Any employee who has been suspended for either vehicular accidents or absenteeism shall be ineligible to continue working out of classification. The eligibility to work out of class will be restored once the employee has been free of a vehicular accident or instance free for six (6) months and his/her most recent performance appraisal is considered satisfactory. In order for an employee to receive working out of classification pay, the employee must have been temporarily assigned to one of the following particular classifications for the specified period of time: Waste Collector Operator I Waste Collector Operator II (Garbage) Waste Collector Operator II (Sweeper) Waste Equipment Operator 30 work days 30 work days 30 work days 30 work days Once the employee has been working out of class for more than the period of time specified herein, the employee will be paid an increase of one (1) step above ;.iurmal base pa.y for all hours worked iri L.he higher claL=wiiication beyorid..the work days as specified above. Those qualified bargaining unit members who satisfactorily demonstrate acceptable work habits and job performance and who worked out of classification a minimum of 1040 hours in a specific position shall not need to re -qualify for that specific position worked out of classification. Additionally, when a bargaining unit member works out of classification for 1040 hours in a specific position, that employee will receive a one (1) step increase in wages without having to wait the -47- specified period of 30 work days as stated in this section. Grievances related to working out of classification issues are only appealable through the grievance procedure and not the Civil Service Board. 26.4. This article is effective upon ratification of this collective bargaining agreement by both parties. Article 27 GROUP INSURANCE 27.1 The City agrees to pay $8.08 per eligible bargaining unit member per pay period to the union within sixty (60) days or less after ratification upon termination of the existing life insurance contract. This policy must be made available to all bargaining members. 27.2 The Union agrees to the placement of all bargaining unit employees in the City's self -insured closed HMO. Said HMO shall include dental care, vision care, and an Employee Assistance Program. It is understood by the Union that the health care contribution paid by a retiree will be determined by the City. The Union agrees that they do not represent the retirees in determination of health care or life rates, contributions or benefits. 27.3 Effective the first full pay period following ratification of the labor agreement bargaining unit employees electing the City's HMO Medical/Vision health plan shall contribute $8.32 biweekly toward single health coverage and - 48 - $46.49 bi-weekly toward family health coverage. Effective the first full pay period following the dates indicated below bargaining unit employees who elect the City's HMO Medical/Vision health plan shall contribute bi-weekly toward their health coverage as indicated. Single Coverage Family Coverage January 1, 2003: $8.32 bi-weekly $48.40 bi-weekly January 1, 2004: $8.32 bi-weekly $53.24 bi-weekly Effective the first full pay period following ratification of the labor agreement bargaining unit employees electing the City's HMO Medical/Vision/Dental health plan shall contribute $14.19 bi-weekly toward single health coverage and $61.09 bi- weekly toward family health coverage. Effective the first full pay period following ratification of the labor agreement, any increases in dental premiums will be added to the employee premium payment. Employees retain the option to opt out of dental coverage. Effective July 1., 2002, bargaining unit employee's co -pays for hpa1e►, c' erf,gc shall be as specified below: HMO Pharmacy (Generic/Brand): $15/$15 Office Visit Copay: $20 27.4 Effective thirty (30) days following ratification of the labor agreement, the infertility rider will no longer be in effect. -49- 27.5 The HMO rates may be adjusted annually upon the City receiving such notice from the HMO provider. Any increases or decreases in the cost of the City's HMO health plan shall be shared on a percentage basis such that the employee pays 20% of the full premium for single coverage and 30% of the full premium for family coverage. The parties agree to suspend the provisions of this Section 27.5 until September 30, 2004. 27.6 Effective upon ratification of the labor, agreement a labor/management committee will be established to explore the offering of a reduced benefit HMO plan with a reduced premium amount for employees. The labor/management committee shall be made up of five (5) City of Miami employees, two (2) members appointed by the Union, two (2) members appointed by the City Manager and one (1) picked by mutual agreement of the Union and the City Manager. Article 28 HOLIDAYS 28.1. The following days shall be considered holidays: New Year's Day Washington's Birthday Veterans' Day Memorial Day Independence Day Labor Day Columbus Day Thanksgiving Day Friday after Thanksgiving Christmas Day - 50 - Dr. Martin Luther King, Jr.'s Birthday 28.2. Any additional holidays declared by official resolution of the City Commission shall be added to the above list. 28.3. All full-time employees not on the Incentive Plan, performing work, on any of the above holidays, shall at their discretion be paid time and one-half at their straight time hourly rate of pay, or shall be given compensatory time at the rate of time and one-half for the hours actually worked on the holiday; provided that an employee shall be paid straight time for hours assigned to the Time Pool. 28.4. In order to be eligible for holiday pay, the employee must be in pay status the full working day preceding and the full working day following the subject holiday. 28.5. The garbage incentive personnel working on the Garbage Collection and routes during the holiday period, will be provided overtime compensation where eligible. Those eligible employees will receive the equivalent of one day's pay, plus ten (10) hours of holiday pay, for a total of twenty (20) hours compensation. It is recognized that by working the holidays, the City will increase the cost of operating the Garbage Collection System within the Department and that the Administration will be balancing the collection routes, reviewing the utilization of manpower and the organizational delivery of the sanitation services to the citizens of Miami. The employees of the Department recognize that this is a necessity if we are to deliver sanitation services to the citizens of the City of Miami consistent with funds available to the Department. -51 - 28.6. Ali conditions and qualifications outlined in ARTICLE 21- OVERTIME/COMPENSATORY TIME/CALL-IN shall apply to this Article. Hours of compensatory time accumulated under this Article, when added to the compensatory time earned under ARTICLE 21- OVERTIME/COMPENSATORY TIME/CALL-IN shall not exceed two hundred (200) hours. 28.7. Employees assigned to the Rubbish Division shall work on all holidays where employees assigned to the Garbage Division are working. 28.8. All holidays specified above shall be designated as non -working holidays unless the City Manager or his/her designee determines otherwise. Article 29 RESERVED 29.1. It is agreed by the parties that eligible members of the bargaining unit who have successfully completed ninety (90) working days shall be entitled to certain hours of earned personal leave time off each calendar year. All eligible bargaining unit employees will be entitled to twelve (12) hours of earned personal leave time of earned personal leave time. 29.2. The earned personal leave hours shall be mutually agreed upon by the employee and his immediate supervisor outside of the bargaining unit consistent with the needs of the Department. The earned personal leave hours off shall not be accrued; they must be used by the employee during the calendar -year or be forfeited. The earned personal leave hours off are not subject to being converted to - 52 - cash during the employee's employment or as severance pay upon the employee terminating his employment with the City. There shall be no liability to pay any overtime under this Article. 29.3. Employees shall be allowed to use earned personal leave for a personal day or birthday consistent with the provisions of this Article. 29.4. Effective January 1, 2003, earned personal leave shall no longer be credited to bargaining unit members and shall cease, as available leave time. (Note: earned personal leave incorporated into vacation leave). Article 30 SICK LEAVE 30.1. 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. To 'determine the reasons for an employee's absence on sick leave, the employee's immediate supervisor outside the bargaining unit at his/her discretion 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. 30.2. Effective the first month following ratification of the labor agreement, bargaining unit members 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. Such sick leave is to be utilized in one (1) hour increments. - 53 - 30.3. To receive sick leave with pay, an employee must notify his/her immediate supervisor, or other person designated by the Department of Solid Waste to receive such notice, of illness within fifteen (15) minutes prior to the time the bargaining unit member is scheduled for work. It shall be the employee's responsibility to notify the department each day the employee will be out ill within the time frames attained above. 30.4. Any employee absent on sick leave for more than three (3) consecutive work days must check with the City Physician report to the Department of Human Resources for approval before returning to work. 30.5. All bargaining unit members covered by this Agreement shall upon honorable separation from employment • or after retirement 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. 30.6. Bargaining unit members who accumulated sick leave credits in excess of four hundred eighty (480) hours of sick leave, pursuant to Section 30.2 of this Article, shall as of January 1 of each year,, have one-half of the excess sick leave earned the previous year credited to his/her leave bank. The remaining excess leave shall be paid at the employee's current rate of pay or be credited to the employee's vacation leave bank at the employee's option. If the employee does not elect to receive a cash payment of such balance by January 31 of each year, the sick leave balance will automatically be credited to his/her vacation leave bank. - 54 - 30.7. Pay off for accumulated sick leave shall not be used to calculate average earnings for Pension purposes. 30.8. An employee who is terminated or who opts for resignation after being informed of the Department's intent to terminate the employee shall not receive compensation for unused sick leave upon separation from service or retirement. Sick leave conversion shall not occur upon an employee's separation or retirement from the City. 30.9. Bargaining unit members shall be eligible for a sick leave cash bonus incentive of one hundred twenty-five ($125) dollars. In order for the employee to receive such incentive, the employee must not utilize any sick leave, and be active and in a full paid status during the payroll calendar year. In addition, bargaining unit members who qualify for the sick leave incentive cash bonus, as described herein, shall receive eight (8) hours of commendation paid leave. A bargaining unit member will receive an additional one hundred seventy-five ($175) dollars sick leave cash bonus if at least one hundred (100) bargaining unit employees qualify for the sick leave cash bonus incentive. Such bonuses shall be subject to applicable federal taxes, but shall not be included for calculating pension. 30.10. This article is effective upon ratification of this collective bargaining agreement by both parties. - 55 - Article 31 DEATH IN FAMILY 31.1. 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 per occurrence to arrange and/or attend the funeral of a member of the employee's immediate family or to attend to the personal affairs of the deceased. 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 grandparents, and stepfather and/or stepmother if they have raised the employee from infancy regardless of place of residence, and may include any other person who was an actual member of the employee's household for ten (10) or more years. Within thirty (80) 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 Department of Human Resources. Failure to produce the death certificate will result in the employee reimbursing the City for any days taken under this Article. Any employee found to have falsified his application for a "K" day will be dismissed. 31.2. 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 - 56 - the deceased to the employee and/or other appropriate supporting documentation, e.g. funeral home program, as deemed appropriate by the Department of Employee Relations, Labor Relations Division. Article 82 BLOOD DONORS 32.1. Employees who volunteer as blood donors to contribute to an on -site City supported Blood Donor Organization will be authorized the paid absence necessary to accomplish this purpose. The Blood Donor Organization's personnel will determine what amount of time the donor will need from the point of donation till the time he is released to go back to work. -Article 33 JURY DUTY 33.I.. Employees shall be carried on leave of absence with pav for actual working time lost when called to serve on jury duty. Such employees shall be paid at their regular hourly rate for all working time lost up to the number of hours they are regularly scheduled to work each week. Employees who complete jury duty shall report back to work during their regular work schedule or shall forfeit the City compensation for jury duty for the day or days in question. 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. - 57 - 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 riot have Jury Duty fees deducted for the first three (3) days of juror service. Employees who serve more than three (3) days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to that compensation paid to the employee by the State or County Court in his or her jurisdiction. Any changes by the Courts in the above fees shall be reflected in the employee's paycheck as they occur. Article 34 FAMILY LEAVE AND LEAVE WITHOUT PAY 34.1. Effective upon ratification of the labor agreement, 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 the 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. - 58 - 34.2. Upon approval of the Department of Solid Waste Director, with the approval of the City Manager or designee, a leave without pay may be granted for education or any other good reason. Education: A leave without pay may be granted for the purpose of entering upon a course of training or study calculated to improve the quality of the employee's service to the City, for a period not to exceed six (6) months. The re uest q for leave without pay may be extended for an additional six (6) months upon p n the approval of the Department of Solid Waste Director and approval of the City Manager or his/her designee. Any bargaining unit employee requesting said leave of absence shall be required to submit evidence of registration upon entering each quarter/semester of school. Acceptable Reason: A leave without pay may be granted for an acceptable reason other than specified herein, for a period not to exceed ninety (90) days. Approval for said leave of absence without pay is at the sole discretion of the City Manager or designee and shall not be appeal able to the Civil Service Board or the grievance procedure. 34.3• Bargaining unit employees who desire to take a leave without pay Y for any reason specified in this Article (excluding serious health condition) must use all vacation and earned personal leave 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 - 59 - sick, vacation and earned personal leave prior to taking such leave. The usage of such leave time will not prevent the employee from taking leave without pay as specified herein. 34.4. Bargaining unit employees who take a leave without pay for any reasons specified in this Article shall not accrue leave time during periods of leave without pay. At the expiration of a leave of absence without pay, the bargaining unit employee shall be returned to the position vacated when said leave of absence without pay was granted in accordance with the provisions of the Family and Medical Leave Act. Leave of absence without pay during the required probationary period of service shall extend the probationary period the length of time used during the said leave of absence without pay. 34.5. 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 35 INCARCERATED EMPLOYEES 35.1. The following procedures shall apply to employees who have been arrested and/or incarcerated. 1) When Management is made aware of a permanent employee's incarceration, the department will contact the arresting agency for verification of the arrest record. -60- 2) If the incarceration occurs during the permanent employee's scheduled work shift, the employee may request the use of his or her available vacation time, compensatory time or earned personal leave time, not to exceed ten (10) work days. If the employee has not presented himself/herself ready for work in ten (10) work days, the employee will be presumed to have resigned. 3) Should the arrest 'of the employee be of so severe ' a crime or heinous in nature, Management, after an administrative investigation consultation with the Union President, employee Union representative or his/her designee may suspend the employee without pay .until adjudication of the case. 4) If the employee wins his or her case, Management is not precluded from reinstating the employee or taking administrative action arising out of the arrest and trial consistent with applicable rules and regulations. Article 36 WORK INCENTIVE PLAN 96.1. It is agreed between the parties that bargaining unit personnel assigned to the Garbage, Recycling, Street Cleaning, and Rubbish Collection may be placed on an incentive basis whereby once the assigned route has been certified by the Department Director, or designee, as being completed, the applicable personnel -61 - may be relieved from their tour of duty for the day. The City reserves the right to require employees to work the full shift based upon the needs of the department. Upon ratification of this agreement by the parties, the City and the Union will study an incentive plan which will improve the current incentive plan for the personnel assigned to the Trash division. 36.2. If an assigned route has not been satisfactorily completed as determined by Management prior to the end of the normal assigned work day, the employees shall be required to complete the route on the same day. There will be no call back pay if the employee has left the yard pursuant to Article 21, Ca11 Back Pay, of this Agreement. Failure to complete the route in a timely manner may result in disciplinary action. 36.3. Should the Department Director determine the Work Incentive Plan in its entirety or in part is detrimental to the efficient operation of the Department, all or that portion of the Work Incentive Plan deemed to be inefficient may be discontinued or modified upon notice to the Union. 36.4. The Management of the Solid Waste Department shall designate and have the right to change the starting times of all work assignments. The following starting times will apply hence forth. Should Management desire to change said starting times, the Union will be so notified fourteen (14) calendar days prior to the change of shift time. Garbage Roll Call 6:15 a.m. Trash Roll Call 7:00 a.m. - 62 - Street Cleaning Division 9:30 p.m. White Wings 6:15 a.m. Specifically excluded from the fourteen (14) calendar day notice period are temporary changes of hours or days off necessitated by special events, civil disturbances, acts of God and other emergency conditions. 86.5. Should the Union disagree with any change of shift time, the Union President or designee shall advise the Department Director in writing. If the disagreement over the schedule change is not resolved, the dispute may be appealed to the City Manager or designee whose decision will be final and binding upon the parties. This decision will not be subject to the grievance procedures contained herein or of any other forum. 36.6 This article is effective upon ratification of this collective bargaining agreement by both parties. Article 87 SUBSTANCE/ALCOHOL • PERSONNEL SCREENING 37.1. In an effort to identify and eliminate on duty controlled substance/alcohol abuse, urinalysis/evidential breath test (evidential breath tests (EBT) shall be utilized solely for testing alcohol content) shall be administered as provided herein: A. To an employee or prospective employee as a part of a scheduled physical examination. - 63 - B. To the driver of any City vehicle that is determined to be at fault of an accident, when operating City -owned equipment while on duty or while driving on City premises. C. If a driver, while on duty, operating City -owned equipment, is at fault for damaging private or public property, then a management representative with the classification of Sanitation Supervisor or above, must determine that there exist reasonable belief,'based upon objective factors, that the employee is under the influence of alcohol. D. Where a management representative with the classification of Sanitation Supervisor or above has a reasonable belief based upon objective factors that the employee(s) has possession or is using, dispensing or selling any illegal drug or controlled substance not prescribed by a licensed physician. E. Where a management representative with the classification of Sanitation Supervisor or above has a reasonable belief based upon objective factors that the employee is under the influence of alcohol on - duty. F. Randomly based on a pool of all employees. G. As part of the CDL program as detailed by that current program's requirements. 37.2 All positive tests for a controlled substance will be confirmed by Gas Chromatography/Mass Spectrometry (G.C.M.S.) or better testing. When a sample is - 64 - taken under any of the above circumstances, a portion of the initial sample shall be retained for a second test should either management or the employee request same. Testing procedures shall be performed at a reliable state licensed clinical laboratory. 37.3. Employees shall give a urine sample (EBT for testing alcohol content) at either a hospital or State accredited testing lab as chosen by the City. Tests by a laboratory other than a laboratory selected by the City, as provided in. this article shall not be permitted as evidence in any arbitration or civil service hearing. 37.4. Management will notify the Union either by telephone, facsimile, or email prior to an employee is to be tested. 37.5. If a drug tested employee wishes a second testing of the original sample taken, the following procedures will apply: A. The employee has twenty-four (24) hours after he or she or the Union is notified of a positive drug test to request a second test of the remainder of the original sample. Said right for the second test shall expire after twenty-four (24) hours. B. The second drug test will be performed at the same laboratory on the remainder of the original sample. C. NADA rules and regulations with the exception of the levels provided for in this Agreement will apply to the tests conducted. D. All costs arising out of the request for the second test will be paid by the employee requesting same if second test comes back positive. - 65 - Such payment if necessary may be deducted from an employee's paycheck. 37.6. If an employee is ordered back to duty for testing, the provisions of Article 21 Overtime/Compensatory Time/Ca11-Back will apply. 37.7. Where a bargaining unit member alleges that an order made under this Article is not consistent with the criteria cited herein, he/she shall comply with the order, and may simultaneously file a protest with the communicator of the order. Refusal to submit to a request for an alcohol or drug test under this Article shall be grounds for dismissal. Disputes arising out of such orders that results in discipline shall be arbitrable under the Grievance Procedure of this Agreement. 37.8. The employee(s) shall not be disciplined until a positive test result is communicated to the City. However, if the employee's conduct in connection with the substance/alcohol abuse amounts to conduct for which the City may otherwise discipline the employee, the City may take action prior to learning of the test results. 37.9. Once the Department has determined that an employee is to be tested, the employee will be placed on administrative leave with pay until such time the employee is returned to work as a result of a negative test, enters rehabilitation as provided herein or is disciplined or discharged. 37.10. The Union will be advised of passed or failed tests to the extent that the. releasing of such data is consistent with Federal or State laws, if the individual involved wants his test results released to the Union. - 66 - REHABILITATION 37.11. In the event that the results of any substance/alcohol test are positive, the following criteria will apply: A. The employee at his/her own cost shall, within seventy-two (72) hours of the positive test notification, excluding weekends and holidays, enter and remain in a substance/alcohol program approved by the City and the Union until the approved program administrator is able to state that the employee has successfully completed the program. If the employee fails to enter the approved substance/alcohol program within seventy-two (72) hours, the employee will be terminated. While in the program, the employee will be allowed to return to work if the program administrator approves; if not, the employee may continue using compensatory leave, vacation time, and sick leave time until the program administrator approves the employee's return to work. Once the compensatory leave, vacation time, and sick leave Lime are exhausted, the employee will be carried Authorized Leave without pay and will not be eligible to receive donated time from other employees regarding absences due to rehabilitation pursuant to this section. Employees shall not be permitted to work in drivers' positions until the employee has successfully completed the program. If the employee fails to complete the program, he or she will be dismissed. If the employee - 67 - is rehabilitated, as determined by the program administrator, the employee shall be allowed to return to work. B. If relieved of duty, the employee, will use all of his/her compensatory leave, vacation time, and sick leave time. Once the compensatory leave, vacation time, and sick leave time are exhausted, the employee will be carried Authorized Leave without pay. C. If the employee fails to enter, participate in and/or successfully complete the program, including any aftercare program, the employee shall be terminated from his/her employment with the City. D. Employees who successfully complete the program and are cleared to return to work by the program administrator, shall be subject to random drug/alcohol screenings by the City for a period of two (2) years from the date the employee returns to work. 37.12. The Omnibus Transportation Employee Testing Act (OTETA) of 1991 shall apply to all bargaining unit employees who fall within the definition of covered employees as described within the Act. The provisions of this Article shall be followed to the extent they do not violate the Act. 37.13. The testing laboratory shall be licensed by the State of Florida as a clinical laboratory specializing in the analysis of body fluids for drugs and alcohol. 37.14. Said laboratory must have a licensed clinical laboratory director currently licensed by the State of Florida. Further, technical staff must be licensed by the State and said personnel shall include a licensed supervisor. 68 37.15. The State of Florida inspects such toxicology labs and the lab utilized must have a track record of having passed and continue to pass the inspections as required by the State of Florida. 37.16. Participation in the College of American Pathologists Proficiency Testing Program is a desirable qualification of the testing laboratory. Said lab licensed directors should have experience in spectroscopy toxicology and drug analysis. Such experience should be supplemented by formal education and appropriate lab work for a minimum of 10 years. 37.17. For CDL License Operators, all EBT's (Evidential Breath Test) with an alcohol content level of 0.04 or greater shall be considered a positive test result. Non-CDL License Operators' EBT's (Evidential Breath Test) with an alcohol content level of 0.08 or greater shall be considered a positive test result. DISCIPLINED OR DISCHARGED 37.18. In the event that the results of any substance/alcohol test are positive, the following progressive discipline will apply: A. First Offense: Ten (10) days suspension and mandatory rehabilitation. B. Second Offence: Thirty (30) days suspension and mandatory rehabilitation. C. Third Offense: Dismissal. D. A driver whose accident is determined to be at fault as a result of the City's investigation or the Accident Review Board for damaging private - 69 - or public property is subject to progressive discipline pursuant to Article 16 of the Disciplinary Procedure. 37.19. If the employees is terminated for failure to meet the requirements of rehabilitation as described herein, or who test positive for a third offense for controlled substance or alcohol during or after the rehabilitation period shall have no appeal rights through Civil Service, the grievance procedure or any other forum. INITIAL TESTS - URINE 37.20. The initial testing shall use an immunoassay method which meets the requirements of the Food and Drug Administration for commercial distribution. 37.21. The following cutoff concentrations shall be applicable to determine whether specimens are negative or positive for the following drugs or classes of drugs utilizing the initial test procedure: Cannabis (Marijuana) Metabolites Cocaine Metabolites Opiates Metabolites Morphine Codeine Initial Test Level (ng/ml) 50 800 2000 2000 6-Acetylmorphine (Test when the morphine concentration is greater than or equal to 2000 ng/m1) Phencyclidine 25 Barbiturates 300 Benzodiazepine 300 Amphetamines - 70 - Amphetamine 1000 Methamphetamine 1000 Methaqualone 750 Methylenedioxvmethamprietarnine (MDMA) (Ecstasy) 500 Methylenedioxyamphetamine (MDA/Ice) 500 Flunitrazepam (Rohnyol) .(Roofies) 300 Designer Drugs: Unless specified with cutoff concentration levels, will be determined by the Agency for Health Care Administrations ' (AHCA) if standards exists, or industry standards if no existing AHCA standarrl.s CONFIRMATORY TEST - URINE 37.22. All specimens identified as positive by the initial test shall be confirmed using gas chromatography/mass spectrometry (GCS/MS) techniques. GCS/MS confirmation procedures at the following cutoff concentration shall be used for the following drug: Confirmatory Test Level (nglml) Marijuana Metabolite 20 37.23. For all other drugs listed below, the confirmatory test shall detect the confirmed presence of the substance. The laboratory must be prepared to provide evidence from its quality control program to prove its capability of detecting such substances. Cocaine or cocaine metabolites Opiates Morphine Codeine 6-Acetylmorphine (Test when the morphine concentration is greater 150 2000 2000 -71 - than or equal to 2000 ng/ml 10 Phencyclidine 25 Amphetamines Amphetamine 500 Methamphetamine 500 Barbiturates 250 Benzodiazepine 250 Methaqualone 150 Gamma-hydroxybutyrate Industry Standard Methylenedioxymethamphetamine (MDMA) (Ecstasy) 500 Methyle nedioxyamphetamine (MDA/Ice) 500 Flunitrazepam• (Rohnyol) (Rookies) 300 These concentrations are subject to revision with changes in convention or technology. The laboratory must be able to document its performance at the cutoff level by the use of quality control, both open and blind. 37.24. Proper chain of custody controls shall always be enforced during drug/alcohol testing. Authorized technicians shall sign the chain of custody form and be responsible for each urine specimen to be tested. The laboratory shall include sufficient safeguards to ensure that unauthorized personnel are prevented from gaining access to the laboratory. 37.25. This article is effective upon ratification of this collective bargaining agreement by both parties. - 72 - Article 38 PREVAILING BENEFITS 38.1. 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. 38.2. Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unsafe, obsolete, inefficient or uneconomical. 38.3. If the City desires to change such job benefits, the matter shall be negotiated between the City and the Union. If the parties deadlock in the negotiations, the question(s) being negotiated shall be submitted to binding arbitration. Article 39 ENTIRE AGREEMENT 39.1. This Agreement, upon ratification, constitutes the complete and entire Agreement between the parties, and concludes collective bargaining for its term. 39.2. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived - 73 - at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union for the duration of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered, in this Agreement, or with respect to any subject or matter not specifically referred to, or covered, in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation .of either or both of the parties at the time they negotiated or signed this Agreement. 39.3. Such Agreement precludes the initiation by the Union of any municipal legislation which would result in the alteration or cost increase of the benefits agreed to in this Collective Bargaining Agreement or to increase the cost of other employee benefits not specifically provided for in this Collective Bargaining Agreement. Article 40 PROVISIONS IN CONFLICT WITH LAW/NEW TECHNOLOGY 40.1. If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word of this Agreement, is in conflict with any existing State or Federal law, or future State or Federal law; or with any existing City ordinance; or with any interpretation of this Agreement made by a court of competent jurisdiction, that portion of this Agreement in conflict with said law or ordinance or resolution, or court interpretation of law, shall be null and void; but the remainder - 74 - of the Agreement shall remain in full force and effect with it being presumed that the intent of the parties herein was to enter into the Agreement without such invalid portion or portions. The parties agree that. this Agreement takes precedence over any conflicting Civil Service Rules. 40.2. Not withstanding any other provisions of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. Article 41 EDUCATIONAL REIMBURSEMENT 41.1. Effective January 1, 2002, the Educational Reimbursement Program will be enhanced to encourage City employees to .improve job performance and increase career mobility with the City by pursuing courses of study at Miami -Dade County educational institutions. The policy governing the educational 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 increasing on-the-job effectiveness of City employees. The educational reimbursement program shall not be subject to budgetary constraints. 41.2. Any full-time, permanent City employee shall be eligible to participate in the Educational Reimbursement Program. 41.3. All course work must be taken at or from an accredited college, university, or educational institution approved by the City Manager or the Director - 75 - of the Department of Employee Relations or designee. 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 Director of the Department of Employee Relations or designee. 41.4. Reimbursement will be limited to books, lab fees, and tuition costs up to a maximum of $800 per semester, not to exceed two semesters per calendar year. 41.5. 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. 41.6. Procedures for reimbursement will be as follows: A. The employee must obtain three (3) copies of the Application for Tuition Reimbursement form for each course from his department or the Department of Employee Relations. B. The employee must complete the application in triplicate and submit it to his department director prior to registration at the education institution. C. The Department of Solid Waste Director will then review the application and if approved forward the original and one copy to the Department of Employee Relations. If the application is disapproved, it is then returned to the employee by the Department of Solid Waste Director. D. The Department of Employee Relations has the authority to -76- approve or disapprove the application, and applications not approved will be returned to the Department of Solid Waste Director with the reason for rejection noted thereon. 41.7. 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 educational reimbursement paid to the employee will be reimbursed to the City by the employee upon his termination from the City through a deduction from his final paycheck and/or leave balance accounts. 41.8. Upon completion of the course work, the employee must submit his semester grade report together with the book, lab, and tuition fee receipts to his Department of Solid Waste Director.' The Department of Solid Waste Director will submit the approved application for educational 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 educational reimbursement. The employee's Department Director will advise the Department of Employee Relations of the employee's satisfactory completion of the course. Article 42 PENSION. 42.1. Effective upon ratification a Deferred Retirement Option Plan (DROP) continues. The DROP of the Retirement System shall consist of a Forward DROP and Benefit Actuarially calculated DROP (BACDROP). - 77 - GENERAL PROVISIONS A. Eligibility 1. Any bargaining unit member 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 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 - 78 - maximum of thirty-six (36) 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 thirty-six (36) 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. E. Earnings on DROP account 1. The Board of Trustees of the Retirement System shall establish, by administrative rule, a series of investment vehicles that 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 - 79 - 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. 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 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, - 80 - 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 i 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 - (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 - 81 - 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 42.1 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 retirement eligibility date. The BACDROP period must be in twelve (12) month increments, beginning at the start of a pay period, not to exceed thirty-six (36) 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 82 - 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. BUY B C Effective upon ratification of this Agreement, and the legislation enacting this provision, bargaining unit employees who worked as Standby Laborers June 1, 1992 will be allowed to buy-back priorservice as continuous prior to a nonmember if the employee was in a paid status at least forty hours a week, as verifi able by City records. Those bargaining unit members who worked as Standby Laborer after Jun e 1, 1992 will only be eligible to buy back service time if City records verify full forty - hour week employment. Standby Laborers, who worked less than 2080 hours annually according to City records, will be eligible for buy-back for each full forty hour week in that e yarly period. The Pension Board Administrator will calculate the appropriate amount of - 83 - eligible time in accordance with Board policy and procedures. The buy back of service, as specified above, shall be in accorda nce with City Code Section 40-254 (2) and administrative rules of the GESE Pension Trust. Article 43 MEMORANDUM OF UNDERSTANDINGS 43.1. Effective the date this Agreement is ratified by the parties; should the City and Union desire to enter into ,one or more MOU(s) or similar agreement (s) during the life of this Agreement, such MOU(s) or other a greement(s) will only be binding on the City upon signature of the City Manager, provided that Last Cha nce agreements will be binding on the City upon signature of the Director of Employee Relations or designee. ARTICLE 44 ACCIDENT REVIEW COMMITTEE 44.1. All accidents involving a City vehicle will be reviewed by the Accid ent Review Committee. The Accident Review Committee is comprised of the followin g five (5) committee members: Department of Solid. Waste Director or designee, the City's Safety Officer or Risk Management Director, Solid Waste Safety Officer, the Union President, and another Union member. The Accident Review Committ ee shall develop objective standards and criteria for determining whether an acciden t was preventable, non -preventable, or operational based on the facts. - 84 - 44.2. Following review of the accident, the Accident Review Committee shall, by majority vote, determine whether the accident was preventable, non -preventable, or operational based on the facts. If the committee concludes that the accident was preventable and will result in disciplinary action, then the decision may be grieved in accordance with Article 7, Grievance Procedure. This article is effective upon ratification of this collective bargaining agreement by both parties. Article 45 TERM OF AGREEMENT 45.1. 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, unless otherwise agreed to by the parties, then the Agreement, upon being signed by the appropriate Union representatives and the City Manager, shall become effective at 12:00 a.m., October 1, 2004, or as otherwise provided in this Agreement, whichever date is later. The Agreement shall continue in full force and effect until 11:59 p.m., September 30, 2007 45.2. On or about April 1, 2007, 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. - 85 45.3. On or about May 1, 2007, the parties shall present each other with a list of proposals it desires to negotiate, together with the specific language describing its proposals. 45.4. Initial discussions shall thereafter, and no later than June 1, 2007, ,be entered into by the City and the Union. AGREED to this day of , 2007 and between the respective parties through an authorized representative or representatives, of the Union and by the City Manager. ATTEST: ATTEST: AFSCME, Local 871 ON THE PART OF THE CITY OF MIAMI MIAMI, FLORIDA City Manager CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 1 CITY ATTORNEY - 87 - APPENDIX A CLASS SALARY CODE RANGE NUMBER CLASS TITLE NUMBER 3448 Sanitation Shop Maintenance Worker 21D 3017 Waste Collector/Garbage 19D Waste Collector/Trash 19D 3020 ' 3108 Waste Collector Operator I 20D 3109 Waste Collector Operator II 21D 3110 Waste Equipment Operator 22D APPENDIX B CLASS CODE NUMBER CLASS TITLE 7032 Chief Sanitation Inspector 3022 Sanitation Supervisor 7035 Sanitation Inspector 7031 Sanitation Inspector II 3026 Waste Collection Superintendent 3025 Assistant Waste Collection Superintendent INDEX ARTICLE PAGE AGREEMENT 1 APPENDIX A 88 APPENDIX B 89 ABSENTEEISM & TARDINESS 17 27 ACCIDENT REVIEW COMMITTEE 44 84 ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL 9 15 BLOOD DONORS 32 57 BULLETIN BOARDS 13 23 DEATH IN FAMILY 31 56 DISCIPLINARY PROCEDURES 16 25 DUES CHECKOFF 6 7 EDUCATIONAL REIMBURSEMENT 41 75 ENTIRE AGREEMENT 39 73 FAMILY LEAVE AND LEAVE WITHOUT PAY 34 58 GRIEVANCE PROCEDURE 7 9 GROUP INSURANCE 27 48 HOLIDAYS 28 50 INCARCERATED EMPLOYEES 35 60 JURY DUTY 33 57 LABOR/MANAGEMENT COMMITTEE 11 19 LAYOFF AND RECALL 19 30 LINE OF DUTY INJURIES 25 42 LOSS OF EMPLOYMENT 18 29 MANAGEMENT RIGHTS 4 4 MEMORANDUM OF UNDERSTANDINGS 43 84 NO DISCRIMINATION 14 23 NO STRIKE 5 5 NOTICES 8 14 OVERTIME/COMPENSATORY TIME/CALL-BACK 21 34 PENSION 42 77 PREAMBLE 1 PREVAILING BENEFITS 38 73 PROBATIONARY PERIOD 15 24 PROVISIONS IN CONFLICT WITH LAW 40 74 RECOGNITION 1 1 RESERVED 29 52 REPRESENTATION OF THE UNION 3 2 REPRESENTATION OF THE CITY 2 1 SAFETY SHOES AND PERSONAL EQUIPMENT 24 40 SAFE DRIVING 12 20 - 90 - SHIFT DIFFERENTIAL 23 39 SICK LEAVE 30 53 SPECIAL MEETINGS 10 18 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING 37 63 TERM OF AGREEMENT 45 85 VACATION SCHEDULING/CARRYOVER 22 36 WAGES 20 31 WORK INCENTIVE PLAN 36 61 WORKING OUT OF CLASSIFICATION 26 46 -91 -