HomeMy WebLinkAboutExhibit 1MEMORANDUM OF UNDERSTANDING
The AMERICAN FEDERATION OF STATE, COUNTY and MUNICIPAL EMPLOYEES, LOCAL 871 ("AFSCME
871") and THE CITY OF MIAMI ("The City") hereby enter this Memorandum of Understanding to
memorialize the Parties' agreement to settle and amicably resolve all outstanding legal matters and
litigation. Accordingly, the Parties' agree as follows:
1. Upon execution of this Memorandum of Understanding, AFSCME 871 agrees to dismiss with
prejudice Case No. CA-2010-145 pending before the Public Employees Relations Commission;
and
2. The City agrees to withdraw the Special Magistrate Hearing before Special Magistrate Martin
Soli, Case No. SM-2010-070 and scheduled for hearing on December 1, 2010, and not re -file it;
and
3. The Parties agree to bear their own costs and attorneys' fees incurred in these matters.
Agreed to this 30th Day of vember 2010.
Bann squ
/Deputy General Co sel, AFSCME 871
rJ M rAa n)S 3-f7, ) Jul*
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Michael Mattimore, Equire
Chief Negotiator, City of Miami
MEMORANDUM OF UNDERSTANDING
The parties agree to execute articles on Wages, Pension and Group Insurance that reflect the
status quo except as modified by the City of Miami City Commission Legislation Resolution R-
10-0347.
Joe irnmons, Jr., President
AFSCME Local 871
3® IQ
Date
Michael Mattimore, Esq.
Chief Negotiator for City of Miami
// /30 /zo
Date
This Agreement,
liV1�11L' 1�1L' 1 \ 1
:red into this ( day of10) 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").
FOR Mt, CITY OF MIANII:
FOR AFSCME:
>d t-ket-t-e G'Ul
C te ----- ^^am
MR MICHAEL MATTIMORE, ESQ
CHEF NEGOTIATOR
DA LED:
7- i6 - 2o' O
MR JOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DATED:
-I 1,5 ilo
I
//
MRS_ SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DAZED:
,
DEPUTY GENERAL C SEL
DATED: '
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:
FOR THE CITY OF MIAMI:
FOR AFSCME:
?ti(zr--,--4.<-C, aJt.-e"--L
nat. L , (-)4,
MR MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR
DA I ED:
7 /. - �O/o
MR` JOE SIMMONS,
PRESIDENT OF LOCAL
DA I'ED:
111 lio,/)
JR
871
/
6,, '://
MRS. SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
/
DEPIt1TY GENERAL COUNSEL
DATED: 7/ S //C)
C 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. Anny new
classifications will be added pursuant to Chapter 447-Florida Statute.
FOR THE CITY OF MIAMI:
FOR AFSCME:
.7/1-r--/t.A.A.-e (A_.-7:ec.s--7,-LZ.
lil-:-..------_____ty
te 0.
MIL MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR
DATED:.
MIL JOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DATED: 1110bz) 7
MRS. SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
M
DEP : GENERAL CO EL
DATED: -//-> /C
Article 2
REPRESENTATION OF THE CITY
2.1 The City shall be represented by the City Manager, or designee, or the Labor
The City Manager or designee shall
have sole authority to conclude an Agreement on behalf of the City subject to ratification
by an official resolution of the City Commission. It is understood that the City
representative or representatives are the official representatives of the City for the
purpose of negotiating with the 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 designee. Labor Relations/ Deputy Director of
Employee Relations.
FOR THE Ci Y yr lvli rvu:
FOR Air SCivir.:
ntc-L-----------4-r.),-,
7 6-r_f'.c--c-t lic-ect.c.
MR MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR .
DATED:
7- /S-20io
. MRY JOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DATED:
7/i to
MRS. SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
MIC
DEPUTY GENERAL COUNSEL
DATED: -7 (0°
Article 3
REPRESENTATION OF THE UNION
3.1. The bargaining unit shall be represented by a person or persons designated in writing to
Department of Employee Relations, Labor Relations Division by the Union President or
designee. The person or persons designated by the Union President, 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 President or
designee are the official representatives of the bargaining unit for the purpose of negotiating with
the City. Negotiations entered into with persons other than those as defined herein, regardless of
their position or association with the 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
President 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 with no loss of pay or emoluments, but only for the
straight -time hours they would otherwise have worked on their regular work schedule. For the
worked. Shift differe
3.3. The Union President or designee will be allowed to meet with bargaining unit members
in the assembly room during the one-half (1/2) hour prior to "work call" on the condition that the
Department of Solid Waste Director or his/her designee is advised one (1) working day prior to
Tentative Agreement - Date: s/612.01O City: AFSCME 871:
the proposed meeting. The Bargaining Unit members have the right to meet with the Union
President or his designee on Union business at anytime during theindividual employee's breaks.
The Union President or designee shall not have access to the "work call" premises and in all
areas 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
by the Director of the Department of Solid Waste or designee, nor shall they interfere with
Management's right to direct the workforce.
Tentative Agreement - Date- I,CD /ZOf d City: !tom[ > AFSCME 871:
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 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.
Tentative Agreement - Date: 7 "I S-L °/ D City: %z'J AFSCME 871:
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 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 or appealable to Civil Service.
Tentative Agreement - Date: 7 i3
City:
AFSCME 871:
Article 6
DUES CHECK OFF
6.1 During the term of this Agreement, the City agrees to deduct Union membership dues, if
any, in an amount established by the Union AFSCME Local 871 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, AFSCME Local 871shall advise the City of any change 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 if any, and) shall not
apply to the collection of any Union fines, or penalties, or special assessments.
6.3 Deductions of dues, if any, shall be remitted by the City during the week following each
biweekly pay period to a duly authorized representative as designated in writing by the Union.
The City shall rderinrt from the remittance an amount for the cost of duµescheck off The am�n,,�nt
will be calculated at two ($.02) cents for each employee deduction, each payroll period, and
($.10) cents for each addition or deletion to the check off register.
6.4 In the event an employee's salary earnings within any pay period, after deductions for
withholding, Social Security, retirement, group health insurance, and other priority deductions,
are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for
that pay period directly from the employee.
6.5 Deductions. for Union dues 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 which
the City has agreed to deduct.
6.7 The Dues Check off Authorization Foiui provided by the City shall be used by employees
who wish to initiate dues deduction.
FOR i'IIL+ CITY OF MIAML:
FOR AFSC T:
>z(i---a.t/OLD/2.2-c,a
(-)�A '
MR. MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR
DA 1'ED:
7--/5-Z6/0
MR. UJOE SIMMONS, JR if
PRESIDENT OF LOCAL 871
DA I LD:
It`jl
-/-///t----2( i
MRS..SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
Iv`
DEPUTY GENERAL C SEL
DATED: 7// 3/7
Article 7
GRIEVANCE PROCEDURE
7,1 7.1 A grievance is defined as a dispute; involving the interpretation or application of
the specific provisions of this Agreement or disciplinary actions beyond a written reprimand,
except as exclusions are noted in other Articles of this Agreement. The parties agree that the City
77-2 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 grievance under this Agreement
or the Civil Service Board. The grievance procedure set forth herein is only available to
permanent employees.
7,3 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 the employee's
consent, or to permit either 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.
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
Tentative Agreement - Date: •(Z3 //0
City: g AFSCME 871: i/ �lij
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 (30) days after the incident in question or knowledge thereof.
7:4 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 procedure or prior to
initiating action for redress in any other forum. Such choice of remedy will be made in writing
on the foiui to be supplied by the City. Should such election of remedy not be filed, the Union,
and the member agree and understand, that the grievance would be conclusively abandoned with
no other recourse or appeal to Civil Service.
The election of 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 an 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. Any grievance not processed in
accordance with the time limits provided below, shall be considered conclusively abandoned.
Any grievance not answered by Management within the time limits provided will not advance to
the next higher step of the Grievance Procedure unless the Union advances the grievance.Time
limits can only be extended by mutual agreement of The Union and Department of Solid Waste
Director or the Director of Department of Employee Relations or designee. Such agreed to
extensions shall be followed up in writing.
Tentative Agreement - Date: F(23 I/O City:
AFSCME 871:
7,7 7.6 Grievances shall be processed in accordance with the following procedure:
Step 1.
The aggrieved employee shall discuss the grievance with the employee's 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 notified on all grievance
meeting(s). 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 completed and attached to grievances presented directly at Step 3.Should such
Election of remedy not be filed, the Union and the member agree and understand, that the
grievance would be conclusively abandoned with no recourse or appeal to Civil Service.
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 Director within seven (7) working days from the
time the Step 1 response was issued or due, (whichever occurs first). A facsimile transmittal is an
appropriate means of notice for processing the grievance pursuant to Article 7 throughout all
steps as long as it is followed up with hard copies and/ or originals 3 days before the hearing
Tentative Agreement - Date: T0/0 City: leb AFSCME 871:
date. Otherwise the grievance and/ or administrative proceeding would be conclusively
abandoned.
The Department of Solid Waste Director shall meet with the Union representative and
shall respond in 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 Department 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 Department of Employee. Relations or designee shall hold a grievance hearing
within seven (7) working days from receipt of written appeal with the Union representative and
shall respond in writing to the Union within (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 Director of Department of Employee Relations Department no later than fifteen (15)
working days after the Director of Department of Employee Relations or designee's Step 3
response was issued or due, (whichever occurs first).
7,7 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.
Tentative Agreement - Date: �(23 //0 City: AFSCME 871:
7,8 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.
71 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
arbitrability shall be 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 supersede applicable laws in existence at the time of signing this
Agreement.
7441 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.
Tentative Agreement - Date: 7 2 /C_ City: AFSCME 871:
7.11 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 their 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 7.12 Each party shall bear the expense of its own witnesses of the arbitration
including, court reporters and of its own representatives. The parties shall bear equally the
expense of the impartial arbitrator, and the transcript of the arbitration hearing. The City agrees
that the Union has no obligation to represent or file grievances on behalf of non -dues paying
members. However should any individual employee, not being represented by the Union bring a
grievance under this Article,the employee 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.This
in no way relieves the union of their obligation to pay the above stated fees, when the Union
files a grievance up through arbitration on behalf of a member.
7.13 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.
Tentative Agreement - Date: 7 (23 /(() City:
AFSCME 871:
Article 8
NOTICES
8.1 The City of Miami agrees to provide to the Union the following notices or bulletins: all
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 teiiiis
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.
(STATUS QUO)
i %J s iw can.- vi' WJJ-.ice .:
FOR AC.S71 M7E:
v T
MR. MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR
DATED:
7-/5- 2•0/0
MR. tOlE SIMMONS, JR
PRESIDENT OF LOCAL 871
DA LED:
-1t ty�,
MRS. SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
MIC
DE TY GENERAL COUNSEL
DATED: "7// )7 C)
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
will be 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 cumulative time pool bank of 3,000 hours
to be used in accordance with the provisions of this Article and any and all hours
heretofore shall be banked are to be considered rolled over at the end of each fiscal
year.
B. The Union President shall complete the appropriate City provided form to request
authorization from the Director of the Department of Solid Waste for an employee to use
time from the Time Pool. This form shall be signed by the Union President and
forwarded to the Director of the Department of Solid Waste for approval. The Director of
the Department of Solid Waste shall forward the approved form to the Supervisor of the
employee who is to use such 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 requests 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 Union President or
designee then shall forward a detailed explanation to the Department of Solid Taste
Tentative Agreement - Date: D IC /°i° City: ---7aAFSCME 871
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 an employee cannot be
released at the time desired due to the needs of the Department of Solid Waste, 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 a bargaining unit member 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 regularly
assigned duties for the City. The teuiis 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.
Tentative Agreement - Date: ?it(' /201 a City: >el AFSCME 871
2. As provided in Section 9.1 of this Article, only the employee Union
President or 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 the 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 have that time counted as hours worked for purposes of computing
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.
Tentative Agreement - Date: 8i& /20/ 0 'City: -7(i( AFSCME 871
Article 10
SPECIAL MEETINGS
10.1 The City Manager, or designee, and the Union agree to meet and confer on matters of
interest upon written request of either party. The written request shall state the nature of the
matter to be discussed and the reason(s) for requesting the meeting. Discussion shall be limited
to 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 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 designee, no charge
shall be made to the employee time pool.
FOR IRE CITY OF MIAMI:
FOR AFSCME:
MR MICHAEL MATTIMORE, ESQ
MR JOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DATED: --t 1311
CHIEF NEGOTIATOR
DA 1'hD:
7-/5-2 0/
MRS. SYLVIA N. CABALLERO,
MR.
ASSISTANT CITY ATTORNEY
DAI"ED:
DEPU GE RAL C SEL
DATED: 7/ _V-)
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, 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. The Department of Solid Waste Director will provide the
Union President and committee members with a written response outlining what actions will
be taken if any by the department to the issues that were discussed by the committee within
fifteen (15) working days unless the time is mutually extended by both parties.
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
Tentative Agreement - Dater/iv /26/0 City: >, AFSCME 871
Business Manager and the employee Union representative, and the City's Labor Relations
Officer. The minutes will also be made available at the Office of Labor Relations for review.
11.2 However anything related to, health and safety shall be prioritized.
Tentative Agreement - Date8412—D/0 City:
AFSCME 871:
Article 12
SAFE DRIVING
12.1. In recognition of the policy to encourage safe driving, all bargaining unit employees who
are regularly scheduled to drive city vehicles or operate Department equipment shall receive the
face value of three hundred dollar ($300.00) in savings bonds ten (10) hours of compensatory
time 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. Any hours awarded will be credited to the employee's compensatory
leave bank within two (2) weeks from the date the employee has not been ruled to be at fault for
an annual period
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 the 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
Tentative Agreement - Date: 9 •-). ! o
City. % . ► AFSCME 871:
Management. Bargaining unit employees operating motorized vehicles in the Solid Waste
Department shall have the required Florida Operator's License and/or endorsements in their
possession at all times. Should the employee not have in his/her possession upon inquiry by the
Department a valid license as required by the contract, he/she shall be disciplined.
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 will be allowed to use
vacation or 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 pay for a 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 opportunities 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.
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.
Tentative Agreement - Date: Q • 1 • I 0 Ci
AFSCME 871:
Article 13
BULLETIN BOARDS
13.1 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 the President 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 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.
Tentative Agreement - Date:
City:
Article 14
NO DISCRIMINATION
14.1. The City agrees to continue its policy of not discriminating against any employee because of age,
race, religion, national origin, Union membership, disability, sexual orientation or sex. Any claim of
discrimination by an employee against the City, its officials or representatives, shall not be grievable or
arbitrable under the provisions of ARTICLE 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.
Tentative Agreement - Date:
2 i0 City: 0 AFSCME 871:
Article 14
NO DISCRIMINATION
14.1. The City agrees to continue its policy of not discriminating against any employee because of age,
race, religion, national origin, Union membership, disability, sexual orientation or sex. Any claim of
discrimination by an employee against the City, its officials or representatives, shall not be grievable or
arbitrable under the provisions of ARTICLE 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.
Tentative Agreement - Date: 7//512Z0 City:
AFSCME 871: n eq.
Article 15
PROBATIONARY PERIOD
15.1 All bargaining unit employees shall be required to serve (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 reviewable or
appealable to the Civil Service Board nor grievable under this Agreement, but shall only be
subject to review by the Director of Employee Relations or designee whose decision shall be
final and binding on the employee and the Department.
Tentative Agreement - Date./b 12_0 / 0 City:
AFSCME 871
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
b
interview beyond 2 (two) hours the City will either grant the request and wait for the union representative
(not obligated to delay the interview beyond two (2) hours), deny the request and end the meeting
immediately nr give the employee the r.hnic.e of either ending the meeting nr continuing without a
representative.
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 such 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-Back.
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.
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.
•
Tentative Agreement - Date: (7-3 City:
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 not be accorded a hearing before the Civil Service Board or access
to the grievance procedure contained herein.
166_R, Employ eec 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
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
Tentative Agreement - Date: 4 J2g City:
Articlel7
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 days 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 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 duration of time the physician
feels the illness disabled the employee from performing their work.
Tardiness — Reporting for work in excess of twelve (12) minutes beyond the scheduled
starting time of the shift. Employees who are tardy to work will be carried unauthorized
leave without pay in six (6) minute increments.
Annual Period — A twelve (12) month period beginning with the occurrence eft
.: c's first instance October 1st and ending. September 30th.
Tentative Agreement - Date:?/1P /iCfV City: AFSCME 871:
17.3 Employees shall be disciplined for absences and tardiness in accordance with the
following schedule:
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 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.
Tentative Agreement - Date /b/ /O
City:
AFSCME 871
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 if not withdrawn within twenty four (24) hours from submission to the
Department Director.
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 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 formal leave of
absence.
6. Retirement.
7. Layoff for a continuous period of twenty-four (24) months.
Tentative Agreement - Date: $1(o 4 0 /O City:.! AFSCME 871:
Article 19
LAYOFF AND RECALL
19.1 Definition: Seniority shall mean the status attained by the length of continuous service
within existing permanent Civil Service classifications within the Department of Solid Waste.
19.2 Definition: Layoff shall mean the separation of employees from the permanent active
work force due to lack of work, funds, abolition of position or positions because of changes in
organization or other causes, however the parties agrees there will not be any layoffs of Local
871's bargaining unit employees from October 1. 2010 through September 30, 2012, and the
City will maintain Local 871's 195 bargaining unit positions for the duration of the current
Agreement.
19.3 In the event a permanent or prolonged reduction in personnel is determined to be
necessary, length of seniority shall be the determining factor in such layoff and any subsequent
recall from layoff. (except the Department 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
City Proposal 11/30/2010
Tentative Agreement — Date: )(30.10 City. s 871:
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 hired before the City may
recruit from employees not currently on the City's payroll.
City Proposal 11/30/2010
Tentative Agreement — Date: ►1- 3 D • i 0 City • 871:
Article 20
WAGES
20.1 The Union agrees with the City that there is a need to address the operational methods 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 of the Solid Waste Department. 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 covered by this agreement,
Effective the first full pay period following the dates indicated below, bargaining unit
employees will receive an across-the-board wage increase as follows;
October 1st, 2010 0%
April October 1st , .2008 2011 3% Reopener
April Osteber-lst , 2009 2012 3-% JZeopener
1111
mfl sU.c.
A 11 1 t F +:
fall 'V11a11geJ ul Jalary for reasons of �Jluuluuuu, uculouull, ulGln Al1v1GaG,
anniversary increase, longevity increase or working out of classification shall be effective the
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 anniversary increases by the period of time
involved.
20.3. Bargaining unit members shall become eligible for step increases as specified below:
Step2-5%
Tentative Agreement -Date: /2.13• /0 City:( .AFSCME 871:
Step3 -5%
Step 4 — 5%
Step5-5%
Step 6 —5%
Step 7—
Step8 -2.5%
The parties agree there will be mo :step inereases from October 1, 201.0.until Senteniber 30. 2011.
and will bc.determined._by_reopencr negotiations for fiscal vears 2011-201.2.and 2012-2013..
20:4 20.4 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), sixteen (16), twenty (20), Twenty-one (21) or
Twenty-two (22) of continuous classified service.. The longevity, stipulated above is as follows:
10 years of continuous service - 5%
15 yeoro of continuous service _SO/
16 years of continuous service - 2.5%
20 years of continuous service - 5 %
21 Years of continuous service - 5 %
22 Years of continuous service - 2,5%
Tire parties :agree there will be no .anniversary or longevity increases from October 1, 2010 until
,September 30.. 20.11 and_will be determined. by reapener negotiations for fiscal years 2011-2012
and 2012-2013.
Tentative Agreement —Date: /L./I./ City AFSCME 871
20.5 .Any bargaining unit employee, upon normal .retirement from City service, or separating
under honorable conditions., who has served. for a. period of twenty-five (25) years or more, shall
be granted, tit the time ofhic/her normal _retirement or honorable .separation one .hundred seventy-
three and three tenths (1.733) hours :of pay,
Tentative Agreement = Date: /2' /3 'ra City ' "AFSCME 87.1
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 The hours that employees are involved in Union
representation or labor-management activities shall not be considered as hours worked in
determining overtime eligibility.
21.2 Employees performing earned overtime work 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 such work. This overtime rate shall be all inclusive and no additional
compensation 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 in their bank, the
hours therein shall be valuated on the basis of the current rate of pay.
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 by seniority 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.
Tentative Agreement - Date:ffkp /2OfO City: 7iUi AFSCME 871
21.6 The parties agree that assignment of overtime work is on an 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 bargaining unit employee eligible for overtime shall, if recalled to duty
by Management during off -duty hours, receive a minimum of three (3) hours plus one (1) hour
travel time, paid at the overtime rate. The parties agree that call-back hours shall not be used in
the computation of average earnings for purposes of establishing pension benefits. An employee
out on ill time or worker's compensation will not receive call back pay for taking the required
physical before said employee may be released to return to work.
Tentative Agreement - Date:8 16/ /0 City: >1 AFSCME 871
ARTICLE 22
VACATION
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 employees will be
directed to select their vacation.
22.2 The Department of Solid Waste 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 of Solid Waste Director will assign a
mandatory vacation period equal to the employee's current accrual rate, not withstanding any
carryover time up to -I-5G 200 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 of Solid Waste Director's approval. Such approval shall not be unreasonably
City Proposal 11/30/2010
Tentative Agreement — Date: ((• 30 • toCit 644..D 871: (1
withheld. During the vacation year, employees may use additional vacation leave at the
discretion of the Department of Solid Waste Director.
22.3 Vacation shall be taken by the last payroll period of the calendar year in which the
vacation was credited. Effective upon ratification of the labor agreement, employees shall be
allowed to carryover two hundred (200) hours of the previous year's credited vacation. Any
excess vacation over the two hundred (200) hours allowed carryover shall be forfeited after
January 1st, and no exceptions to the maximum carryover allowance shall be permitted absent
the express written approval of the City Manager. Bargaining unit members with unused
accrued vacation hours in excess of two hundred (200) hours as of September 30, 2010. shall
have those hours in excess of two hundred (200) grandfathered. Employees who have been
carried on full disability the entire previous year shall be paid for all excess vacation over two
hundred (200) hours at the rate of pay the employee was earning at the time the employee was
placed on full disability. If an employee is unable to take a previously authorized vacation due to
cancellation by the Department Director or designee, any hours in excess of the two hundred
(200) hours which would have been forfeited shall be paid on or about January 1, at the
employee's hourly rate of pay. of the
previous year's credited vacation. Any exces-s-v-acat-i-en-ever-the--1-5-0-hettr-autema4e carryover
shall be forfeited as of the last payroll p riod of the calendar year in which the
vacation was credited.
Employees who have been carried on full disability the entire previous year -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 sly authorized
City Proposal 11/30/2010
Tentative Agreement - Date: I/• 30. J a City871:
option of reschedaling—the—pre.4eusly—eaneeleativvithin—the--vaeatien—year--the—vaeatien
be paid off as outlined above.
22.4 Vacation shall be accrued in accordance with the accrual schedule set forth Appendix C
to this Agreement, (Vacation Accrual by Annual Hours Accrual Code (EC-20, 22)).
Effective January 1, 1999-, all bargaining unit em-leyees accrue vacati-on at the same rate.
Vacation accrual shall be based -en the current vacatien-sclhedule of bargaining unit employees on
years of service shall accrue an additional four (1) 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 of Solid Waste Director or
designee on an emergency basis. Should such request be denied, the employee may only appeal
such denial to the City Manager or 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.
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
City Proposal 1 1/30/2010
Tentative Agreement — Date: IJ.3o. io City 871
documentation. Approval for such payment will rest solely with the Director of Department of
Employee Relations or a designee of the City Manager.
22.7. Effective January 2003 vacation accf 1al+aces shall be increased by twelve (12) hours.
n
City Proposal 11/30/2010
Tentative Agreement — Date: 1(• 30.10 City:cvt.i24.- 871:
111312E rr):.rx c
VACATION ACCRUAL BY ANNUAL HOURS ACCRUAL CODE
Years
Served
January's(EC-15)
Crossed
Fire
48l52 Hours
(EC-17)
Fire
40 Hours
(EC-10)
Police
(EC-20,22)
Solid Waste
Civil Service
(EC-01)
General
Civil Service
(EC-01)
General(EC-27)
DOH 1/1/87
Support Staff
(EC 29)
Professional
(EC 40)
Special
(EC 44)
Executive
0
1
Prorated
Prorated
Prorated
Prorated
Prorated
Prorated
Prorated
Prorated
Prorated
Prorated
1
2
140
96
94
92
94
94
104
120
184
216
2
3
140
96
94
92
94
94
112
128
192
216
3
4
140
96
94
92
94
94
120
136
200
216'
4
5
140
96
94
92
94
94
128
144
208
216
5
6
140
96
94
92
94
94
136
152
216
'
264
6
7
150
104
134
100
102
114
144
152
216
264
7
8
160
112
134
108
110
114
152
152
224
264
8
9
170
120
134
116
118
114
156
160
224
264
9
10
180
128
134
124
126
114
160
168
232
264
10
11
190
136
134
132
134
114
164
176
240
264
11
12
195
140
154
136
138
134
168
184
248
288
12
13
200
144
154
140
142
134,
172
192
256
288
13
14
205
148
154
144
146
134
176
200
264
288
14
15
210
152
154
148
150
134
180
200
264
288
15
16
215
156
154
152
154
134
184
200
264
288
16
17
220
160
174
156
158
174
188
200
264
288
17
18
225
164
174
160
162
174 ..
192
- 200
264
288
18
. 19
230
168
174
164
. 166
174
196
224
288
312
19
20
235
172
174
168
170
174
200
224
288
312
20
21
240
176
174
172
174 CAP DJ
174
204
224
'288
312
21
22
245
180
194 _,
176
178
208
224
28'8
312
22
23
250
184
194
180
182
212
-224
288
312
23 .
24
255
188
194
184 -
1-86
216
248
312
320
24
25
260
192
194
188
190
220
248
312
320
25
26
265
196
194
192
194 CAP [21
224
248
312
320
26
27
270
200
214 CAP [31
196
'198
228
248
312
320
27
28
275
204
214
200
202
232
248
312
320
28
29
280
208
214
204
206
236
256
312
320
29
30
285
212
218
208
210
. .
240
256
320
328
30
31
290
216
222
212
214
214
256
320
328
31
32
295
220
226
216
218
256-
320
328
32
33
300
224
230
220
222
_244
244
256
320
328
[1] AFSCME 1907 employees hired on or after January 1, 1977 have a vacation accrual cap of 174 hours.
[2] AFSCME 1907 employees hired on or after January 1, 1972 up through December 31, 1976 have a vacation accrual cap of 194 hours.
NOTE: AFSCME 1907 employees hired prior to January 1, 1972 have no vacation accrual cap.
[3] FOP effective January 1, 1999. Bargaining unit members who have 29 years or more of service as of January 1, 1999 shall
continue to accrue by an additional four (4) hours per year.
Rev. 0"'^1 -- LBR
(In notes 1 2 ;i 1907)
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 8:00 a.m. However, more
than one-half of the hours of the regular established shift must be within the hours of 6:00 p.m.
and 8:00 a.m.
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.
Tentative Agreement - Date: 0/6 /2-0/0 City: 7,��-ef AFSCME 871:
ARTICLE 24
UNIFORMS, SHOES AND EQUIPMENT
24.1. Employees are required to wear complete uniforms, and any required safety equipment in
the ' appropriate manner, while on duty. Complete uniforms consist of City approved shirt,
jumpsuit, pants, safety belt, hat and safety shoes.
24.2. Employees shall report to work in complete uniforms that are properly fitting, clean and
neat, and free from tears, holes and stains. For each day an employee reports to work in a
uniform that is incomplete or in a condition not meeting the foregoing standard ("deficient
uniform"), or fails to wear required safety equipment, the Department of Solid Waste Director or
designee may discipline the employee.
24.3. In January of each year, each full time active duty employee shall be provided uniforms
at no expense to the employees as follows: four (4) shirts, (two (2) of which may be tee shirts of
a quality determined by management), four (4) pants or two (2) jumpsuits and two (2) pants, one
(1) cold weather jacket, a4 an initial issue of one (1) safety belt, and upon the employee's
request up to four (4) caps. if regularly assigned to a 1 10 schedule and up to five (5) caps, if
regularly ed to 5-8-schedule. In addition, as of October 1. 2010, each full time active
duty employee shall be provided one additional uniform at no expense to the employee as
follows: one (1) cap. one (1) short sleeve t-shirt. and one (1) pant. 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 promptly reimburse the City the current
cost of the safety belt through payroll deduction over a period of four pay periods. New hires will
be provided uniforms within a reasonable time following their dates of hire and if hired on or
Tentative Agreement - Date: 0 ' 24 •1 D Ci
after October 1st in any year, shall not receive a new allotment of uniforms until the second
January following their hire. Each uniform draw shall be recorded by the Supervisor and signed
for by each employee. Employees who are only working part time in January, or who return to
full time duty after the month of March, shall receive such uniform(s) as authorized by the
Department of Solid Waste Director or designee.
24.4. Employees may purchase at their expense additional items of uniforms throughout the
year, through the City. Employees will be charged the actual cost to the City.
24.5. Employees are responsible for cleaning and maintaining their uniforms in a non- deficient
manner. If an employee fails to maintain his uniform according to this standard, the Department
of Solid Waste Director or designee, may require the employee to purchase and wear
replacement uniform(s) at the employee's expense provided that upon request of the employee
and turn in of the item(s) any uniform shirts, pants or jumpsuit determined by the Department of
Solid Waste Director or designee, to be deficient for reasons beyond the employee's control
shall be replaced by the City at the City's expense.
24.6. Uniforms shall be worn by employees while on duty, at lunch during the employee's
work shift, or when traveling directly to or from work. Employees shall not engage in non -city
work related activity while in uniform.
24.7. Employees in those classifications determined by Management to require the wearing of
safety shoes who have not already received $ 75.00 voucher to purchase an initial pair of safety
shoes will be provided a $ 75.00 voucher for the purchase of an initial pair safety shoes.
24.8. When, due to wear and tear or accidental destruction, the Department of Solid Waste
Director or his designee determines a replacement pair of shoes is required, the City will give the
employee a voucher for $75.00 for the purchase of . ot►r pair of safety shoes.ddional
Tentative Agreement - Date: .•»,0» ►0 City,(=,i AFSCME 871
$75.00 shall only be provided when the worn out or damaged pair of shoe is turned in to the
Department. The Department of Solid Waste Director, orhis 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 of a quality is certified as acceptable by Management. Employees shall be
advised of shoe.models which conform to City Standards.
24.9. Equipment provided to an employee by the City will be of a quality determined by
management and will be replaced within a reasonable time of the employee returning such
damaged or non usable equipment to the City, when the Department of Solid Waste Director or
his designee determines it is beyond repair or otherwise no longer usable.
24.10 Employees shall reimburse the City for the actual repair or replacement cost of lost,
stolen, or damaged City equipment when the employee's carelessness and/or negligence resulted
in the loss, theft, or damage.
Tentative Agreement - Date: (?'iv • l® Ci
AFSCME 871
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 terns and
conditions set forth below. Supplemental salary will be paid in the form of a continuation of the
bargaining unit member's regular paycheck as provided by Resolution No. 39802. This check will include
those indemnity payments provided for under the Workers' Compensation Law.
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
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 eALG11UGU up to an a.UU111V11a11y VV consecutive Udys upon approval 01 U1G 1..1LY 1`vid11 gel' or
his designee. The 150 days begin when the bargaining unit member is actually placed on "D". If the
bargaining unit member is removed from "D," the non "D" time will not apply to the 150 days period
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 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
Tentative Agreement - Date: It /1 / /1Z� Ci
AFSCME 871:
supplementary salary of the 2/3 "D" as 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 result of a line of duty injury
while an employee is collecting City supplementary pay, the employee shall be required, upon the request
of the City Manager, or his 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, as deteunined 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
contributions, medical, life and other insurance contributions, and all other non -mandatory and voluntary
deductions will be made by the City on the bargaining unit member's behalf only to the extent that
Cl- ii_bi_ The will make d tory and voluntary deductions
sufficient funds are then available. City N'lll not any non -mandatory deductions
if the combined workers' compensation benefits and supplementary salary are insufficient to cover the
amount of the deduction(s). If there are not sufficient funds available, the bargaining unit member will be
responsible for making payments for the non -mandatory and voluntary deductions directly to those
providers and creditors who would have otherwise been paid through the City's payroll deduction process.
The parties agree that this process is intended to provide the employee with these paychecks
without interruption of payroll and payroll deductions on a biweekly basis. Should the employee notify
1 The amount of the pension contribution shall be based on "earnable compensation" as define by Miami Code
Section 40-191
Tentative Agreement - Date: i l Ci
AFSCME 871:
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.
25.9 Nothing in this section shall be construed as a waiver of the City's rights under applicable state
law.
Tentative Agreement - Date: < < 1 I t{ t D Ci opt („i• AFSCME 871(44.
Article 26
WORKING OUT OF CLASSIFICATION
26.1 The Department of Solid Waste Director, or designee in his/her sole discretion may
direct an employee to work in an acting capacity in a higher classification 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 enhancements and have satisfactorily
demonstrated acceptable work habits and job perfoiniance.
26.3 Once an employee is determined by the Department of Solid Waste Director or designee
to meet the criteria for working out of class 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 Management, Any employee who has been suspended for either
vehicular accidents or absenteeism shall be ineligible to continue to 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 (6) six months and his/her performance appraisal is
considered satisfactory.
In order for an employee to receive working out of class pay, the employee must have been
temporarily assigned to one of the following particular classification for the specified period of
time:
Waste Collector Operator I
Waste Collector Operator II
Tentative Agreement - Date: Q • • Id Ci
30 work days
30 work days
AFSCME871:n� .�
Waste Collector Operator II (Sweeper) 30 work days
Waste Equipment Operator 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 his/her noinial
base pay for all hours worked in the higher classification beyond the work days as specified
above.
Those qualified employees who satisfactorily demonstrate acceptable work habits and job
perfouniance 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 specified period of 30 work days as stated in this section. Grievances related to working
out of class issues are only appealable through the grievance procedure and not the Civil Service
Board.
• Tentative' Agreement - Date: 8 Z!?• /0 C
Article 27
,GROUP INSURANCE
27.1, The City and the Union agree that the Summary Plan Document (SPD) (entitled
City of Miami Life and Health Benefits, dated August 7, 1997) shall be immediately updated to
reflect descriptions of the current benefit Plan design and all plan benefits shall be those outlined
within the updated version of the employees benefits handbook and shall not be changed without
mutual agreement of the City and the Union. The updated and finalized SPD shall be provided
to the City's Plan Administrator (TPA) and the IPA will administer the Plan benefits in
accordance with the definitions and other language agreed to and contained in the SPD. The
SPD, in accordance with the Department of Labor requirements, shall be distributed to all current
and new participants of the Plan.
27.2. 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 to provide life insurance coverage in the amount of $35,000.00 and accidental
death and dismemberment coverage in the amount of $70,000,0.0, The Union, as of February
2007, has secured a three year rate guarantee 'from the provider, Mutual of Omaha Insurance
Company. The Union agrees to continue to secure life insurance and accidental death and
dismemberment coverage for all the eligible bargaining unit members throughout the term of this
contract and agrees to provide policy and rate documentation to the City at the City's request,
27.3, Medical/Vision:
The City currently offers medical, dental, prescription drugs, and vision benefit plans
through a self -funded plan in which all bargaining unit members, upon obtaining eligibility, may
enroll, to wit:
Tentative Agreement —:Date: 1Z:( i 0 Ci
AFSCME 871
Medical/Vision
I41M3
Core HMO Cigna Network
.Dual Choice/POS Cigna Network
al D O St:
Dental DHMO Sta ,nark Solstice
EAP Cigna Health Care
' ee 4ee - he autia ':afflcc t 6ro i .mi nimal..participation i; . the Low HMO
the "`la''- 4r1-+ic•,abandonad at e-beginning "cf Plcr,. ea 2G C'SS .and -ace tone w1 "—ie-p - fitted o.
enrollonr-oll-eiro-en-roll-in-the-Lew-14PAQ Any other plan design changes must be agreed to by the
parties prior to implementation,
It is agreed between the parties that as of January 1, 2011, the City's medical plan
C- will consist of a e five tier program:
Single coverage
Single coverage + 1 peon spouse
Single coverage + child
Single coverage + children
Single coverage + Family (spouse and children)
It is agreed that medical premium rates for all tiers may be adjusted annually upon the
City's calculation of the premium for medical benefits, Premium rates will be calculated by a
certified actuary based on the City's eligibility list and experience and the information will be
provided to the Union, in order to validate any increase or decrease in theoretical premium,
Tentative Agreement - Date: 1110 City:
AFSCME 871:
As of January 1, 2-0852011, (the beginning of the next Plan year) any increases or
decreases in the cost of the City's health plan shall be shared by current active employees on the
following basis for all medical plans:
Plan Year 2,30-8 2011:
Gore-1
Sirrgle43 °=1-9-a-mErt
enth
Family $115.3 5 _a month
Dual Choice/POS Plan (costs of coverage shown bi-weekly):
• •FmUloyee
Single $57.99 a month
City
$40.55 $197.97
Single plus spouse on:, dependent $180,00 a month $89.21 $435.54
Single plus child
Single plus children
Family $262.17 a month
On April 1, 2011. Uroup.lns
$75.0I
$75,01
$115,56
S366.25
$366,25
$564,22
for the 2011 - 2012 Fiscal Year -Shall reaper and : n
An=- l .1 2012:.G:'oup Insurance for the 2012: — 2013 Fiscal.Ye..tr.si:inll rec e_7.
Plan Year 2009:
Core HMO
Single $63.01 a month
Single plus one dependent $141,78 a month
Family $17-6,'43 a maw
POS Plan
Tentative Agreement — Date:
City:
AFSCME 871
Single $95.68 a month
s-i-nggle-ph s-one-dependent $215.28 a month
Family :$280.00 a month
Plan Year 2010:
Core HMO
ging1449-1-4-2-a-mentli
Single plus one dependent $207.91 a month
Rmanly $25 77 n „onth
POS Plan
Single $140.33 a month
Single-one-dopendei t 440 a month
Pazna4 3-$32.0,00 a month
As there are frequent and rapid changes in:health care costs, it is understood and agreed
between the parties that any changes in contribution amounts Will be made based on the annual
calculation of theoretical premium. It is agreed that should theoretical premium costs increase at
a rate higher than the projections used to establish the employee contributions above (projection
used is 10% increase in total premium each year), then those employee contributions shall be
adjusted to, reflect the increase and shall be effective at the beginning of the Health Plan Year.
Likewise, should the theoretical premium cost decrease more than the projections used to
establish the employee contributions stated above, those employee contributions will be Iowered
to reflect the overall theoretical premium decrease. In any given plan year, projections used to
establish any increase in contributions from the employee shall be capped at 15%.
Prescription Drug Coverage:
Tentative Agreement — Date: .tZ117f U City:
AFSCME 871
C
The City currently offers a prescription drug benefit plan for those bargaining unit
members enrolled in HMO, Low HMO (only through December 31, 2007) and the Dual
Choice/POS plans, It is a self -funded plan administered by Cigna Health Care and consists of
the current benefit:
Cigna RXNetwork $1 5 ge cric•may
$?Sd co pay
Cigna Tel Drug 2): co pay per script up to a 9.0 day supply
Cigna Pharmacy Retail Drug Program:
$15 per 30-day supply for generic drugs
$40 per 30-day supply for preferred brand -name drugs
$60 per 30-day supply for non -preferred brand -name druas
50% of .drug cost per 3t1 d-iy ::supply for self-administered Iniecta? les fe.g: in ectable
di-u s used to treatrheu natoid`arthritis. hepatitis C.:nmultiple sclerosis,'asthma).
Cigna Tel -Drug Mail Order Drug Program:
$30 per 90-day supply for generic drugs
$80 per 90-day supply for preferred brand -name drugs
$120 per 90-day supply for non -preferred brand -name drugs
50% of drug cost per '90 day` supply for elf adMinnsteicd Tn eetablcs (c:g; s zjeetab.lc:
drugs used to treat rheuinatoid .arthritis, hepatitis C. ;rultiple gcle?'os1 ,:as`tu 1r).
Since prescription drug costs are a major component of the health plan and are subject to
significant annual cost increases, the City and the Union agree to evaluate and measure
pharmacy benefit total costs and evaluate best practice strategies to manage the pharmacy
'Tentative Agreement — Date: _i2-11-7Jto ..City; ;:'` .. AFSCME 871'
L
benefit. Any changes in the pharmacy benefit shall be mutually agreed to by the City and the
Union,
Dental:
Dental premium rate may be adjusted annually upon the City receiving notice from the
dental providers. Employees will be notified of the adjustments in the dental rates during open
enrollment. In accordance with current practice, when employees choose to be covered under the
City's dental plan, the employee will continue to pay the dental premium.
Employee contributions: In accordance with the City's Cafeteria Plan group !health
premiums will be paid by the bargaining unit employee with pre-tax dollars.
27.4. A standing committee will be created called the Health Insurance Committee. It
shall be made up to of six. (6) City of Miami employees, one member appointed by the IAFF, one
member appointed by AFSCME 1907, one member from APSCME 871, two members appointed
by the City Manager and one picked by mutual agreement of the Unions and City Manager. The
Group Benefits Coordinator shall serve as a technical advisor to the committee, but wil] not be a
member nor have a vote. Based on this commitment and in collaboration with labor and
management, this Committee will work during the term of this contract to identify ways to
strengthen and improve our health plan. This will include, but is not limited to:
Obtain timely, accurate, and transparent reporting with full disclosure, of all costs from
our vendors.
Identify plan vendor administrative improvements and efficiencies that can have a
significant impact on reducing health expenditures and to ensure that our health plan vendors are
delivering maximum administrative savings.
Educate employees on better understanding and use of their health plan.
Tentative Agreement — Date::,
7/jb City,
Identify the impact :of health improvement and disease management initiatives to
decrease overall Medical and drug costs.
.Evaluate and measure our pharmacy benefit total costs and fully assess the costs from our
pharmacy benefit manager (PBM) vendors.
Identify proven strategies to more effectively provide prescription benefits, and obtain
vendor (PBM) administrative savings to successfully.manage this important benefit.
Make recommendations to the City Manager to reduce health expenditures while
maintaining a quality health plan at an affordable cost and which improves the health of
employees and dependents.
Review employee complaints and remedy situations concerning claims so long as the
decision does not change or impact current benefits. This is intended to reduce the need for the
grievance procedures; however, the bargaining unit member does not waive his/her right to file a
grievance should the committee's remedy not be satisfactory to the employee.
Review and update the Suinmary Plan Description (currently titled -City of Miami Life
and Health Benefits)
Any and all other health care and wellness issues identified by the Committee as
promoting •initiatives to improve the health of employees and dependents while maintaining a
quality health plan,
The Committee shall meet monthly or as soon as practicable to commence initiatives
outlined above.
27,5 Effective January 1, 2012, the Union may .extplore the possibility of establishing
its oWn group .insurance plan that will consist of.;med cal, vision. prescription. EAR, :anr3 3ental
coverage.
Tentative Agreement — Date: {-(J 7: is City:
Article 28
HOLIDAYS
28.1 The following days shall be considered holidays:
New Year's Day Columbus Day
President's Day Veterans' Day
Memorial. Day Thanksgiving Day
Independence Day Friday after Thanksgiving
Labor Day Christmas Day
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, perfoiuiing work on any of the above
holidays, shall at their discretion be paid eight (8) or ten (10) hours holiday pay depending upon
their assigned work schedule at straight time plus an additional eight (8) or ten (10) hours of.
straight pay corresponding to their assigned shift regardless of the hours actually worked as an
incentive for working the holiday actual hours worked at t' e an ore half or shall be given
compensatory time at their straight time rate. of time and one half for the hours actually worked
on the holiday..; provided th + pi h l b i,a str ght time f r urs " red to the
r uvwa u�:�i{-R,i � v
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.
Tentative Agreement - Date: Zs • LO Ci
AFSCME 871
28.5 k the Garb., e Coll ., a t� e v o cl „te
z�t .o��ar
gmployees will rece' '
time of holiday pay, for a total of twenty {28) hours cempensatien where eligible.The incentive
b
•
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 staffing 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.
28.6 All conditions and qualifications outlined in ARTICLE 21-
OVERTIME/COMPENSATORY TIME/CALL-BACK PAY 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-BACK PAY shall
not exceed two hundred (200) hours.
28.7 Employees assigned to the RubbishTrash, recycling, and street cleaning 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.
Tentative Agreement - Date: g•2-0 • l0 City i O4 ' AFSCME 871
Article 29
RESERVED
Tentative Agreement - Date: 'J• 7. (ct, Ci
AFSCME 871:
C
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 or a management designee may visit the home of the employee on sick
leave with pay. In cases where Management suspects that an employee is malingering, sick leave
with pay shall not be granted.
30.2. Effective the first month following ratification of the labor agreement, bargaining unit
employees may accrue eight (8) hours sick leave per month, provided that the employee is in pay
status at least one hundred twenty (120) hours per month. Such sick leave is to be utilized in one
(1) hour increments.
30.3 To receive sick leave with pay, an employee must notify his/her immediate supervisor, or
other person designated by the Department 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 Employee
Relations 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
City Proposal 11/30/2010
Tentative Agreement — Date: Il• 3D• to 871:
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 with accumulated sick leave balances over seven hundred and
fifty (750) hours as of September 30, 2010, will have their balances in excess of seven hundred
and fifty (750) hours grandfathered. A bargaining unit member's maximum sick leave carryover
from calendar year to calendar year shall not exceed seven hundred and fifty (750) hours or the
number of unused accumulated sick leave hours in excess of the seven hundred and fifty (750)
hours grandfathered as of September 30, 2010, and any hours accrued in excess of the maximum
carryover in a given year are not permitted to be carried over by the bargaining unit member.
Bargaining- unit members with unused accumulated sick leave hours in excess of the maximum
carryover at the end of the year shall be paid for one hundred percent (100%) of the unused
portion of their accumulated sick leave in excess of the maximum carryover. Bargaining unit
members who accumulate sick leave credits in excess of four hundred eighty ('18-0) 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 exces b
excess leave ' ll aid at tr,e o ployee's nt to f r or be credited to the employee's
vacation —leave bank at the empleyee's. option. If the employee does net elect to receive a cash
payment -of such balance by January 31 of each year, the sick leave ba'an e will atitor,ntically be
credited to -his/her vacation leave bank.
30.7. Pay off for accumulated sick leave shall not be used to calculate average eamings 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
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871:
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.
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Tentative Agreement — Date: 1I.30 • to City:
871
Article 31
BEREAVEMENT - DEATH IN FAMILY
31.1 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,
o-randparentc ennnse's arandparent.c 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) orcmore years. Within thirty
(30) calendar days from the date the employee returns from a death in the family, the employee
will file a copy of the death certificate of the deceased family member. Said death certificate
will be attached to the form provided by the City and submitted to the Department of Employee
Relations, Labor Relations Division. 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 Death in the family will be dismissed.
31.2 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 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.
Tentative Agreement - Date: 7(23 City:
Article 32
BLOOD DONORS
32.1 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 the employee is
released to go back to work.
Tentative Agreement - Date:
City:
Article 33
JURY DUTY
33.1. Employees shall be carried on leave of absence with pay for actual working time lost
when called to serve on jury duty. Such employees shall be paid at their regular hourly rate for
all working time lost up to the number of hours they are regularly scheduled to work each week.
Employees who complete jury duty shall report back to work during their regular work schedule
or shall forfeit the 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. The supervisor shall make a copy
of the summons to Jury Duty and forward said copy with the payroll sheets for the week in
which the employee is on Jury Duty.
Employees who serve as jurors for Federal Court shall have deducted from their
paycheck a Jury Duty fee equal to that compensation paid to the employee by the Federal Court
in his/her jurisdiction per day in the payroll period following the week in which the employee
was on Jury Duty.
Employees who serve as jurors for State and County Court shall not have Jury Duty fees
deducted for the first three (3) days of juror service. Employees who serve more than three (3)
days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to that
compensation paid to the employee by the State or County Court in their jurisdiction.
Any changes by the Courts in the above fees shall be reflected in the employee's
paycheck as they occur.
Tentative Agreement - Date:
City:
AFSCME 871.•
33.3. Attendance in court in response to legal order or subpoena to appear and testify in
private litigation not in connection with an employee's official duty, but rather as an individual,
shall be taken as vacation, compensatory leave, or leave of absence without pay
Tentative Agreement - Date: gift / 10 City:
AFSCME 871
Article 34
FAMILY LEAVE AND LEAVE WITHOUT PAY
34.1 34.1 Effective upon ratification of the labor agreement, bargaining unit employees
shall be eligible for 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, eligible deployment/return from deployment rights or any other FMLA eligible
event.
34.2 34,2 Upon approval of the Department Waste Solid Director, with the approval of the
City Manager or designee, a leave without pay may be granted for education or any other
acceptable reason.
Education: A leave without pay maybe 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,
through course work directly related to the employee's job, for a period not to exceed six (6)
months. The request for leave without pay may be extended for an additional six (6) months
upon the approval of the Department of Solid Waste Director and approval of the City Manager
or designee.
Any bargaining unit employee requesting said leave of absence shall be required to
submit evidence of registration`upon entering each quarter/semester of school.
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
Tentative Agreement - Date: 7 City: AFSCME 871:
absence without pay is at the sole discretion of the City Manager or Director of Employee
Relations and shall not be appealable to the Civil Service Board or the grievance procedure.
34.3 34.3 Bargaining unit employees who desire to take a leave without pay in accordance
with this Article (excluding serious health condition) must use all vacation and any other time
accrued in leave banks prior to taking a leave without pay. A request for leave without pay for a
serious health condition as provided under the Family and Medical Leave Act shall require the
bargaining unit employee to use all sick, vacation and any other time accrued 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 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 same or similar position vacated when said leave of absence without pay was granted in
accordance with the provisions of the Family and Medical Leave Act. Leave of absence without
pay during the required probationary period of service shall extend the probationary period the
length of time used during the said leave of absence without pay.
34.5 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.
Tentative Agreement - Date:
AFSCME 871:
DEC. 6, 2010 12:15PM ASCME Region 5
N0, 6978 P. 2
Article 35
INCARCERATED EMPLOYEES
35.1. The following procedures shall apply to employees who have been arrested and/or
incarcerated:
1) Incarcerated employee must notify the Director of Solid Waste within thxee
(3) days from the day of the incarceration,
2) When Management is Hide aware of a permanent employee's incarceration,
the department will contact the arresting agency for verification of the arrest
record.
3) 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.
•4) 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.
5) 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.
Tentative Agreement - Date: 9.7 • )v Ci
AFSCMI`s 871; C)43)
Article 36
WORK INCENTIVE PLAN
36.1. It is agreed between the parties that bargaining unit personnel assigned to the Garbage,
Recycling, Street Cleaning, and Rubbish Trash Collection Divisions may be placed on an
incentive basis whereby once the assigned route is completed and has been certified by the
Department of Solid Waste Director, or designee, as being completed, the applicable personnel
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. _
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. On an annual basis, the Director
shall conduct a review of routes to ensure that employee assignments are balanced and efficient.
The Union shall be provided with an opportunity to review all route changes fourteen (14) days
prior to the implementation of any route changes.
36.2. If an assigned route has not been satisfactorily completed as determined by Management
prior to the end of the noiiiial 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, Call Back Pay, of this Agreement Failure to complete the route in a
timely manner may result in disciplinary action. Failure to complete the route in a timely manner
may result in action.
36.3. Should the Department of Solid Waste 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.
Tentative Agreement - Date: ZO- IO Ci
AFSCME 871:
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, they will notify the Union fourteen (14) calendar days prior to the change of
shift time.
Recycling Roll Call 7:00 a.m.
Garbage Roll Call 6:15 a.m.
Trash Roll Call 7:00 a.m.
Street Cleaning Division 10:00 p.m.
White Wings ei-14 7:00 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.
36.5. Should the Union disagree with the change of shift time, The Union president or designee
shall advise the Department of Solid Waste Director in writing. If the disagreement over the
schedule change isn't resolved, the dispute may be appealed through 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 any other administrative review.
Tentative Agreement - Date: g • 2.0 • l 0 City AFSCME 871L
Article 37
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
37.1. In an effort to identify and eliminate on duty controlled substance/alcohol abuse,
urinalysis/evidential breath tests (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.
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.
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Tentative Agreement — Date: 11 " 70- to City 871: ,
G. As part of the CDL program as detailed by that current program's requirements.
H. Bargaining unit members tested in accordance with this Article shall be placed on
administrative leave with pay pending the results of the substance/alcohol test. In
the event that the results of any substance/alcohol test are positive, the bargaining
unit member shall no longer be eligible for administrative leave with pay and
shall be subject to discipline/discharge in accordance with Section 37.18. below.
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 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.
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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: 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/Call- 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.
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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.
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 time,
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 is rehabilitated, as determined by the
program administrator, the employee shall be allowed to return to work.
City Proposal 11/30/2010
Tentative Agreement — Date: J) • 3D•)a City: 871: qtc}i.
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 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.
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
City Proposal 1 1 /30/2010
Tentative Agreement — Date: It- go.io City;
871:
c
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 Offense: Thirty (30) days suspension and ^ d tory ehabil;tatio,,
C. Third Offense: Dismissal.
DC. A driver that is determined to be at fault as a result of the City's investigation or
the Accident Review Board for damaging private or public property is subject to progressive
discipline pursuant to Article 16 of the Disciplinary Procedure.
37.19. If the An employee who is terminated for failure to meet the requirements of
rehabilitation as described herein, or who tests positive for a thir-€1 second 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.
City Proposal 1 1 /30/2010
Tentative Agreement — Date: O 30. I a City 871
c
c
37.21. The .follov,ing cutoff concentrations shall be applicable to determine whether
specimens are negative .or PoSitiv& far the following drugs or classes'of drugs utilizing the initial
test procedure:
-Initial TestLeeinJrn1)
Cannabis '(Marijuana)
Metabolites 50
Cocaine Metabolites 300
Opiates -Metabolites
Morphine 2000
Codeine 2000
6-Ac.ty4rnorph.ipe(Test: when:
the.;roorsAiine :concentration
:is . greater than -re •200.0:ndiml).
Plienoyclidine
'13rbiturateS
25.
300
Penzodiaerrine 300
Arnphetarnines
ArnpbetantrMe:. 1000
1:000.
Methatitialone -74-50 -300
Methyl ene 4iournetharn phOam.ii)e
klYi DM A) '(Ecstasy) 1590.
Methylenedioxyarnphetamincrr
:(MD,Afide).: 5.00
r iun 41, 1.azown tiOuuyuy
(13.pafies) 300
Uffl.esp.e yOth •:eirtoff:Coneentrarip.n Icvpis„: will .c,--.,.f1.4erlTirloci by
the .4en ey'forlitaith diri Strat ioriS (ARCA) f t:ry t.i.:tidarO,F..- if
814110 4rd s
CONFIRMATORY TES 1 - URINE
37.21, All 'Speeitheirsidentified :fiS P.Cj vt by tost hUbeonflrme1 using ::ga.s:.
chromatographyirnass :sp.ectrometry::(0 psi:MS.) techniques GCS/MS confirrnation:prOCCOUres.at
Toll 0Witig ootpfrohetntrafito shali. b sedfor the foi
ItOT.il-taltive Agree:meat ,- Date:- 'bin o city a ig7 I
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
6-Acetylmorphine (Test when
the morphine concentration
is greater than or equal to 2000 ng/ml)
Phencyclidine
Barbiturates
Initial Test Level (ng/ml)
50
300
2000
2000
25
300
Benzodiazepine 300
Amphetamines:
Amphetamine 1000
Methamphetamine 1000
Methaqualone 750
Methylene dioxymethamphetamine
(MDMA) (Ecstasy) 500
Methylenedi oxyamphetamine
(MDA/Ice) 500
Fiunitrazepam (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 standards.
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:
City Proposal 1 1 /30/2010
Tentative Agreement — Date: I1'30.10
City:
8716) 6q.
Confirmatory Test Level (ng/ml)
Cannabis (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.
Confirmatory Test Level (ng/ml)
Cocaine Metabolites
Opiates Metabolites
Morphine
Codeine
6-Acetylmorphine (Test when the
morphine concentration is greater
than or equal to 2000 ng/ml
150
2000
2000
10
Phencyclidine 25
Amphetamines:
Amphetamine 500
Methamphetamine 500
Barbiturates 250
Benzodiazepine 250
Methaqualone 150
Methylenedioxymethamphetamine
(MDMA) (Ecstasy) 500
Methylenedioxyamphetamine
(MDA/Ice) 500
Flunitrazepam (Rohnyol)
(Roofies) 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.
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Tentative Agreement — Date: 11. 30.1v City
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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.
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Tentative Agreement — Date: LI.30• to City. 871:414-
Zh/2oiD
i f 1 : /. ix_ S i ✓t, yut c tnyy
ARTICLE 38
PREVAILING BENEFITS
/7 1. Job benefits heretofore authorized by the City Manager continuously enjoyed by all
employees covered by this Agreement, and not specifically provided for or abridged by this
3/Agreement, shall continue upon the conditions by which they had been previously granted.
11/
3-Provided, however, nothing in this Agreement shall obligate the City to continue
practices or methods which are unsafe, obsolete, inefficient or uneconomical. Disputes over the
application of this Section may be subject to the Grievance Procedure.
If the City desires to change such job benefits, the matter shall be negotiated between the
City and the Union in accordance with Chapter 447, Part II, Florida Statutes.
City Proposal 11/30/2010
Tentative Agreement — Date: 11. 30• t City. 871:
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 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 for 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.
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Tentative 2.reement — Date: 11• 3 0• t o City:
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ARTICLE 40
PROVISIONS IN CONFLICT WITH LAW
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
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
u es
40.2 Notwithstanding any other provisions of this Agreement, the employer mayfake all
actions necessary to comply with the Americans with Disabilities Act.
Tentative Agreement - Date: ' .7 •
CityAFSCME 871:
Article 41
TUITION 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 certified 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 designee the Labor Relations Officer. Class
attendance will be on the employee's own time unless otherwise noted in the course
announcement and authorized by the City Manager or designee the Director of Department of
Labor 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:
Tentative Agreement - Date:// /O
City
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, Labor Relations Division.
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, Labor Relations Division. If the application is disapproved, it is then
returned to the employee by the Department of Solid Waste Director.
D. The Employee Relations Department has the authority to 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
Tentative Agreement - Date:
City:
AFSCME 871:
employee's Department Director will advise the Department of Employee Relations, Labor
Relations Division of the employee's satisfactory completion of the course.
Tentative Agreement - Date:
City
AFSCME 871:
ARTICLE 42
PEI9SION
The parties :agree that the GESE Retirement ,Plan as amended by Ordinar:pe 13203 (attached
bercfo gia4 applly to bargaining-.ubit ineibbera -for :the letbi of this..agredinent,Ob.
April201J. !this Miele shall -reopen for The .2011.,—:!1201,2; Fiscal 'Yemr,. rind on April -2012,
This; Attiele Shall reopen•f(Yr. the 10:12261:3 Pisc,,L1 Year,
Tentative Agreement — Dater, t!C City: AFSCWIE 871:
APPENDIX D
City of Miami
Legislation
Ordinance: 13203
:pity H3v
Pan/��l
MI34,TL 3"a1's3
FEk lirmbcr: 104103 Ftv l Ack Doan 912l120
AN ORDINANCE OF THE MIAMI CITY COMMI$SIONAME1V01NG CI-tAPTER 40,
ARTICLE IV, DIVISION 3'ENTITLED 'PERSONNEIJPENSIQN.AND RETIREMENT
'PLAN/CITY OF MIAMI GENERAL EMPt,Q' EES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST', MDRE PARTICULARLY'BY AMENDING SECTIONS
40•241, 40-2AS AND 40-25S MAKING CHARGES To THE NORMAL RETIREMENT
DATE, BENEFIT FORMULA, MAXIMUM BENEFIT NORMAL BENEFIT FORM,
AND AVERAGE FINAL COMPENSATION; CoNTAINNG A SEVV RABIL1TY
CLAUSE AND PRovrOI G FOR AN:IMMEOtATE EFFECTIVE PATE.
WHEREAS, Purruant.to Set, Lu: 447,4095, the'Mgami City Commission, on August 31, 2010, mode
ahangea to certain wwsget,•herekhcare.andpension benefits ttfeCrive`Septtmlb.er30, 2010, In the
cotlec-ttve bargelning agreement between the Cfy of Mla.ml and Mi erii Gen al Emplvyeza, American
Federation of Siete, County and Municipet Employees, Local 1907, AFL-CIO and the Florida Publr'c
F.mDbyees' Council 79, AFSCME, AFL-CIO, Loin 671;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF ML4MI,
FLORJbA:
Sectiotr 1. 1-1. recitals and ilndinga contained Y tie PT arnt4 io this Ordinance we t✓iopted by
refer'ersce and- iricorpura sd If fury se 1o!th in this Section.
Section 2, C1- ptar 4DIA, roe INIfDiktal•n 3 Of_ttre Coot Otte City of Miami, Florida, no amended,
Is emended in the Waiving particulars:{1)
'CHAPTER 40
PERSONNEL
ARTICLE tV. PENSION AND RETIREMENT PLAN
DIVISION, a. CrrYOF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST
Sec. 40-241. Defaiitona,
City tflfiaal i
?I pt.gf13
!Nog !4-elY91.(? a�+ex 1} hick! 0n: ti).00!P
Tentative Agreement — Date;,::12' �` . . 0 City;: :AFSCME 871
ARTICLE 43
MEMORANDUM OF UNDERSTANDING
43.1. Effective the date of 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 agreement(s) will only be binding on the City upon the
signature of the City Manager or designee. provided that last chance agreements will be binding
U turn ter,; + 4--Ent ogee Reletio,,s _ des;g e0
ll1J V11 J1F, 1lALLl1V Vl U1V L1I VVLVl Vl L1111TLV�� V
Tentative Agreement - Date:
City:
AFSCME 871:C
ARTICLE 44
ACCIDENT REVIEW COMMITTEE
44.1. All accidents involving a City vehicle will be reviewed by the Accident Review
Committee. The Review committee is comprised of the following five (5) committee members:
The 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 Committee shall develop objective standards andcriteria for
determining whether an accident was preventable, non -preventable, or operational based on the
facts.
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.
Tentative Agreement - Date: 8 11 d City:
AFSCME 871
ARTICLE 45
SENIORITY
45.1. Seniority, for the purposes of this article, is defined as the original date of hire with the
City as a bargaining unit employee of AFSCME Local 871.
45.2. Seniority shall be a factor in shift assignments,promotions, and in the assignment of days
off within various divisions within Solid Waste.
Tentative Agreement - Date: 9• 7• 10 Ci
AFSCME 871:
5:1
��/2L1D
T Si! fzL Cof��'i.atticy,,t
Article ` i -
J
TERM OF AGREEMENT
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 tl- ; 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. �7 2010, 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, 20-10 2013. On
April 1. 2011. each party may reopen Wages, Pension and Group Insurance for the 2011 — 2012.
Fiscal Year. and on April 1, 2012, each party may reopen Wages, Pension and Group Insurance
for the 2012 — 2013 Fiscal Year.
,4:2 On or before April 1, 2-04-0 2013, 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.
45-3
On or before May 1, 204-0 2013, the parties shall present each other with a list of
proposals desires to negotiate, together with the specific language describing its proposals.
4�s4 i . tial discussions shall thereafter, and no later than June 1, 201-0 2013, be entered into
by the City and the Union.
AGREED to this 3 b day of o v e,, _ _ 2002 2010 and between the respective
parties through an authorized representative or representatives, of the Union and by the City
Manager.
City Proposr,I 11/30/2010
Tentative Agreement - Date: ► ( 3 °' h C
871: