HomeMy WebLinkAboutExhibitTHIS AGREEMENT is entered into this
AGREEMENT
of , 2010, by the CITY
OF MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the "City," and the
MIAMI GENERAL EMPLOYEES AFSCME LOCAL 1907, AFL-CIO, hereinafter referred to
as the "UNION."
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PREAMBLE
WHEREAS, it is the intention of the parties to this Agreement to set forth herein the
entire agreement of the parties concerning matters which are within the scope of negotiation:
NOW, THEREFORE, the parties do agree as follows:
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ARTICLE 1
RECOGNITION
1.1. Pursuant to and in accordance with all applicable provisions of Chapter 447, Florida
Statutes, as amended, the City recognizes the Union as the exclusive bargaining representative
for all employees included in the bargaining unit.
1.2. The bargaining unit is as defined in presently filed Certification issued by the Florida
Public Employees Relations Commission initially certified on June 6, 1978, Certification #408,
which includes all the classifications listed in APPENDIX A of the Agreement and excludes all
classifications listed in APPENDIX B of the Agreement.
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ARTICLE 2
REPRESENTATION OF THE CITY
2.1. The City shall be represented by the City Manager, the Labor Relations/Deputy Director
of Employee Relations or designee, or a person or persons designated in writing to the Union by
the City Manager. The City Manager, the Labor Relations/Deputy Director of Employee
Relations or designee shall have sole authority to execute an Agreement on behalf of the City
subject to ratification by an official resolution of the City Commission.
2.2. It is understood that the City Representative or Representatives are the official
representatives of the City for the purpose of negotiating with the Union. Negotiations entered
into with persons other than those as defined herein, regardless of their position or association
with the City, shall be deemed unauthorized and shall have no weight of authority in committing
or in any way obligating the City.
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ARTICLE 3
REPRESENTATION OF THE UNION
3.1. The Union shall be represented by the President of the Union, or by a person designated
in writing to the City Manager, the Labor Relations/Deputy Director of Employee Relations or
designee by the President of the Union. The identification of representatives shall be made each
year at least fifteen (15) calendar days prior to April 1st. Said designation shall be accompanied
by an affidavit executed by said President that the Union has complied with all requirements of
State law in effect at that time with respect to registration of the Union.
3.2. The President of the Union, or the person designated by said President, shall have full
authority to conclude an agreement on behalf of the Union subject to ratification. It is understood
that the Union representative is the official representative of the Union for the purpose of
negotiating with the City. Negotiations entered into with persons other than those as defined
herein, regardless of their position or association with the Union, shall be deemed unauthoried
and shall have no weight of authority in committing or in any way obligating the Union. It shall
be the responsibility of the Union to notify the City Manager or Labor Relations/Deputy Director
of Employee Relations in writing of any changes in the designation of the President of the Union
or of any certified representative of the Union.
3.3. The Union may be represented at negotiation sessions by not more than four (4)
designated employee representatives. The four (4) employee representatives may be permitted to
attend negotiation sessions on duty with no loss of pay or emoluments except that if one of the
four (4) employee representatives is the Union President on full-time release in accordance with
the teens of Article 8, Attendance at Meetings/Union Time Pool, then only three (3) employees
may be released from duty with no loss of pay or emoluments. If two (2) of the four (4)
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employee representatives are the Union President and the full-time release designee, then only
two (2) employees may be released from duty with no loss of pay or emoluments
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ARTICLE 4
MANAGEMENT RIGHTS
4.1. The City has and will continue to retain, whether exercised or not, the right to operate and
manage its affairs in all respects, and the powers and authority not abridged, delegated or
modified by the express provisions of this Agreement or in any Memorandum of
Understanding(s) (MOU) that is incorporated in this agreement and attached hereto or referred to
herein, in addition to any MOU entered into during the term of this agreement. AFSCME, Local
1907 and the City retain the right to bring forth additional MOUs which were entered into by
both parties and incorporate them as part of the agreement after notification of the respective
party (AFSCME, Local 1907 /City Manager or designee) who will confirm the authenticity of
the MOUs. Otherwise, any changes of terms and conditions of employment shall not be
recognized. Any future MOUs that amends the collective bargaining agreement shall be subject
to Florida Statute, Chapter 447, Part II.
The parties agree to a sunset provision that begins at the ratification of this labor
agreement wherein any MOU that is not included with the labor agreement prior to the
expiration of this agreement will be considered null and void.
The rights of the City, through its management officials, shall include, but shall not be
limited to, the right to determine the organization of City Government; to determine the purpose
of each of its constituent departments; to exercise control and discretion over the organization
and efficiency of operations of the City; to set standards for service to be offered to the public; to
direct the employees, including the right to assign work and overtime; to hire, examine, classify,
promote, train, transfer, assign, and schedule employees; to suspend, demote, discharge, or take
other disciplinary action against employees for proper cause; to increase, reduce, change, modify
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or alter the composition and size of the work force, including the right to relieve employees from
duties because of lack of work or funds; to determine the location, methods, means, and
personnel by which operations are to be conducted, including the right to determine whether
goods or services are to be made or purchased; to establish, modify, combine or abolish
positions; to change or eliminate existing methods of operation, equipment or facilities; and to
establish rules, regulations and rules of conduct.
4.2. The City has the sole authority to determine the purpose and mission of the City, to
prepare and submit budgets to be adopted by the City Commission. This shall not prohibit the
Union from expressing its views to the legislative body at the public budget hearing.
4.3. If the City fails to exercise any one or more of the above functions from time to time, this
will .not be deemed a waiver of the City's right to exercise any or all of such functions. This
provision will in no way alter or diminish the rights afforded by Article 7, Prevailing Benefits.
4.4. Those inherent managerial functions, prerogatives and policy -making rights which the
City has not expressly modified or restricted by a specific provision in this Agreement are not in
any way, directly or indirectly, subject to the Grievance Procedure contained in this agreement.
4.5. Delivery of municipal services in the most efficient, effective and courteous manner is of
paramount importance to the City of Miami. Such achievement is recognized to be a mutual
obligation of both parties within their respective roles and responsibilities.
4.6. The City retains the right to establish, and from time to time to amend, rules and
regulations not in conflict with this Agreement.
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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 abstinence in
whole or in part by any group of employees from the full and faithful performance of their duties
of employment with the City, participation in a deliberate and concerted course of conduct which
adversely affects the services of the City, picketing or demonstrating in furtherance of a work
stoppage, either during the term of or after the expiration of a collective bargaining agreement.
5.2 Neither the Union nor any of its officers, agents, and members, nor any Union
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone
any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, or instigate,
promote, sponsor, engage in, or condone picketing in furtherance of any of those acts, or any
other interruption of the operations of the City.
5.3 Each bargaining unit member who holds a position with the Union occupies a
position of special trust and responsibility in maintaining and bringing about compliance with
this Article and the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida.,
Article I, Section 6. Accordingly, the Union, its officers, stewards and other representatives
agree that it is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this Article and
the law by remaining at work during any interruption which may be initiated by others; and their
responsibility, in event of breach of this Article or the law by other bargaining unit member and
upon the request of the City, to encourage and direct bargaining unit member violating this
Article or the law to return to work, and to disavow the strike publicly.
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5.4 Any or all bargaining unit members who violate any provision ofthe law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and
any such action by the City may be appealable to the Civil Service Board.
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ARTICLE 6
DISCRIMINATION
6.1. The City and the Union agree that the provisions of this Agreement shall be applied
equally to all employees in the bargaining unit without discrimination as to age, sex, marital
status, race, color, creed, national origin, religion, disability, sexual orientation, or political
affiliation.
6.2. The City agrees not to interfere with the right of the employees to join or not join the
Union, and there shall be no discrimination, interference, restraint or coercion by the City or the
Union because of Union membership or non -union membership.
6.3. The Union recognizes its responsibilities as bargaining agent and agrees to represent all
employees in the bargaining unit without discrimination, interference, restraint or coercion.
6.4. Any claim of discrimination by an employee against the City, its officials or
representatives, other than a claim of discrimination in violation of section 6.2, shall not be
grievable or arbitrable under the provisions of Article 14 - Grievance Procedure, but shall be
subject to the method of review prescribed by law or rules and regulations having the force and
effect of law.
6.5. The Union shall not be required to process the grievance of a non -union member.
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ARTICLE 7
PREVAILING BENEFITS
7.1. Job benefits heretofore authorized by the City Manager continuously enjoyed by all
employees covered by this Agreement as of September 30, 1973, and not specifically provided
for or abridged by this Agreement, shall continue upon the conditions by which they had been
previously granted.
7.2. Provided, however, nothing in this Agreement shall obligate the City to continue
practices or methods which are unsafe, obsolete, inefficient or uneconomical. Disputes over the
application of this Section may be subject to the Grievance Procedure.
7.3. If the City desires to change .such job benefits, the matter shall be negotiated between the
City and the Union in accordance with Chapter 447, Part II, Florida Statutes.
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ARTICLE 8
ATTENDANCE AT MEETINGS/UNION TIME POOL
8.1. The President of the Union or a designated representative shall be allowed to attend
regular meetings and special meetings of the City Commission, State or National Union
Conventions, the Civil Service Board, the Equal Employment Opportunity Advisory Board and
the Pension Plan Board. Time off for the Union President or any other bargaining unit
employees to attend these or other similarly approved meetings will be in accordance with
Section 2 of this Article.
8.2. A Union time pool is hereby authorized subject to the following:
A. The City agrees to establish an annual time pool bank of 3500 5,580
hours to be used in accordance with the provisions of this Article. All
unused hours will be carried over to the following calendar year.
B. For each bargaining unit employee, except the Union President, or a
designee, when on full-time release, who is authorized to use time
from the Union time pool, the President shall fill out the appropriate
form as provided for by the City. This form shall be signed by the
Union President and forwarded to the Department Director a minimum
of seven (7) calendar days prior to the time the employee union
representative desires such leave. A copy shall also be forwarded to
the Director of Employee Relations or designee. It is understood on
rare occasions the seven (7) day time limit may not be met. The
President shall forward a detailed explanation to the Director of
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Employee Relations or designee as to why the seven (7) day rule was
not met.
C. Bargaining unit employees shall be released from duty only if the
needs of the service permit, but such release shall not be unreasonably
denied. If because of the needs of the service a bargaining unit
employee cannot be released at the time desired, the Union may
request an alternate bargaining unit employee be released from duty
during the desired time.
D. In reporting a bargaining unit employee's absence as a result of
utilizing the Union Time Pool, the daily attendance record shall
reflect:
"Bargaining unit employee Doe on AL" (Authorized Leave)
E. Any injury received or any accident incurred by a bargaining unit
employee whose time is being paid for by the Union time pool, or
while engaged in activities paid for by the Union time pool, except the
Union President and the designee when on full-time release shall not
be considered a line -of -duty injury, nor shall such injury or accident be
considered to have been incurred in the course and scope of
employment by the City of Miami within the meaning of Chapter 440,
Florida Statutes, as amended.
Upon written request to the Director of Employee Relations or
designee, the President of the Union, and a -designee the two (2)
designees will be released for the term of this Agreement from his/her
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regularly assigned duties for the City. The terms of this agreement for
such release are only to be implemented if the following qualifications
are met by the Union:
1 The Union President Of and the two (2) designated
representatives, will reasonably be available through the Union
office currently located at 4011 W. Flagler Street, Suite 405,
Miami, Florida 33134, for consultation with the Management
of the City of Miami.
2. No requests to attend meetings at the City's expense as the
Union representative will be made to the City by the Union, its
officers, agents or members.
3 The Time Pool will be charged for all hours during which the
Union President and the two (2) designees are on off -duty up to
a forty (40) hour work week, except that absence due to
vacation leave, sick leave, holidays, or compensatory leave will
be charged to the President's employee leave accounts.
G. On no more than one occasion per month, the Union Executive Board
members may meet during their scheduled work shift for a period not to
exceed four (4) hours. At no time will more than eight (8) employees be
released to attend such meetings, and the Time Pool shall be charged a
minimum of four (4) hours for each employee who attends such meetings.
Release of employees for this purpose shall be conditioned upon
compliance with other provisions of this Article.
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8.3. All applicable rules, regulations and orders shall apply to any bargaining unit employees
on time pool release. Violations of the above -mentioned rules, regulations and orders shall
subject the bargaining unit employees on pool time to regular disciplinary processes.
8.4. The City reserves the right to rescind the provisions of this Article in the event any
portion of the Article is found to be illegal. Cancelling the Article shall not preclude further
negotiations of future employee time pool.
8.5. Except as provided above, bargaining unit employees who attend —administrative or
judicial hearings shall not be compensated by the City unless such attendance is on behalf of and
at the request of the City.
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ARTICLE 9
UNION STEWARDS
9.1. Employees within the bargaining unit shall be represented by Stewards in areas of
the City employment in the number and manner set forth in Section 9.7. The Union shall
furnish Management a list of the Stewards' and alternate Stewards' names and their
assigned areas, and shall keep the list current at all times,
9.2. When requested by an employee, a steward may only investigate any alleged or
actual grievance in his/her assigned steward area as provided in Section 9.7. He/She will
be allowed reasonable time therefore during working hours without loss of time or pay upon
notification and approval of his/her immediate supervisor outside the bargaining unit.
Such release time will be granted consistent with the needs of the service but will not
unreasonably be withheld.
9.3. Union business, other than that cited above, shall be conducted so as not to interfere
with the work assignment of stewards or any other employees.
9.4. A non -employee Union Representative may consult with employees in
assembly areas before the start of each work shift or after the end thereof.
9.5. Should an employee union representative covered by this Agreement be released on
the Attendance at Meetings/Union Time Pool Article said employee may substitute for the
steward, but in no event shall the steward and the employee union representative both
investigate the same grievance or appear for the meeting called to resolve the grievance.
Should the Union President desire the Union Steward, as described in Section 9.2, to attend
a Step 3 grievance meeting, the steward may be released to attend said meeting with any
time loss to be charged to the Union Time Pool,
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9.6. An alternate steward may be appointed for each steward as provided for and
assigned in Section 9.7. The alternate steward will be utilized by management when
management is unable to reach the union steward or the union steward cannot be spared
for the assigned duties at the time and all provisions of this Article shall apply to alternate
stewards as well as regular stewards.
9.7. Responsibility areas (location) and number of Union Stewards:
A. Recreation Personnel (1)
B. Police Department Building (2)
C. Miami Riverside Center (2)
D. Parks Operations, and Public Works Operations (2)
E. All General Service Administration Divisions, and Department of
Solid Waste (2)
F. Fire Garage and Stadiums (1)
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ARTICLE 10
CONTRACT DISTRIBUTION
10.1. The employer agrees to furnish copies of this contract to each department director where
Union members are employed and said department directors shall make the contract available for
employee examination at the employee's request.
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ARTICLE 11
NOTICES
11.1. The City agrees to provide to the Union the following: Agendas of regular and special
City Commission meetings (except where exempt by applicable law), regular and special
Pension Board meetings, regular and special Civil Service Board meetings and hearings.
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ARTICLE 12
BULLETIN BOARDS
12.1. The City shall provide bulletin hoard space which shall he 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 uding the Union Political Action
Committee)
12.2. Notices or announcements shall not contain anything political or reflecting adversely on
the City or any of its officials or employees; notices or announcements which violate the
provisions of this section shall not be posted. This shall not preclude endorsements for the Civil
Service Board or the Pension Board. Notices or announcements posted must be dated and must
bear the signature of the Union President or his designee. In the event any non -Union material is
posted on the bulletin board, it shall be promptly removed by a representative of the Union or by
a representative of the City.
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ARTICLE 13
DUES CHECKOFF
13.1. During the team of this Agreement, the City agrees to deduct Union membership dues
and uniform assessments, if any, in an amount established by the Union and certified in writing
by an accredited Union officer to the City from the pay of those employees in the bargaining unit
who individually make such request on a written checkoff authorization form provided by the
City. Such deduction will be made by the City when other payroll deductions are made and will
begin with the pay for the first full pay period following receipt of the authorization by the City.
The Union shall advise the City of any uniform assessment or increase in dues in writing at least
thirty (30) days prior to its effective date.
13.2. This Article applies only to the deduction of membership dues and uniform assessments,
if any, and shall not apply to the collection of any fines, penalties, or special assessments.
13.3. Deductions of dues and uniform assessments, if any, shall be remitted by the City during
the week following each biweekly pay period to a duly authorized representative as designated in
writing by the Union. The City shall deduct from the remittance an amount for the cost of dues
checkoff. The amount will be calculated at two ($.02) cents for each employee deduction, each
payroll period, and ten ($.10) cents for each addition or deletion to the checkoff register.
13.4. In the event an employee's salary earnings within any pay period, after deductions for
withholding, Social Security, retirement, group health insurance, and other priority deductions,
are not sufficient to cover dues and any uniform assessments, it will be the responsibility of the
Union to collect its dues and uniform assessment for that pay period directly from the employee.
13.5. Deductions for the Union dues and/or uniform assessment shall continue until either: 1)
revoked by the employee by providing the City with thirty (30) days' written notice that he/she is
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terminating the prior checkoff authorization, 2) the termination of the authorizing employee, 3)
the transfer, promotion, demotion of the authorizing employee out of this bargaining unit, or 4)
the revocation or suspension of dues deduction as certified by the duly authorized Union
representative.
13.6 . The Union shall indemnify and hold the City, its officers, officials, agents and employees
harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal
costs arising from any action taken or not taken by the City, its officials, agents and employees in
complying with this Article. The Union shall promptly refund to the City any funds received in
accordance with this Article which are in excess of the amount of dues and/or uniform
assessments which the City has agreed to deduct.
13.7. The City will not deduct any Union fines, penalties or special assessments from the pay
of any employee.
13.8. The dues checkoff authorization form provided by the City shall be used by employees
who wish to initiate dues deduction.
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ARTICLE 14
GRIEVANCE PROCEDURE
14.1. It is agreed to and understood by both parties that there shall be a procedure for the
resolution of grievances arising from the application or interpretation of this Agreement.
14.2. A grievance is any dispute, controversy or difference between (a) the parties, (b) the City
and an employee or employees on any issues with respect to, on account of, or concerning the
meaning, interpretation or application of this Agreement or any terms or provisions thereof. A
grievance shall refer to the specific provision or provisions of this Agreement alleged to have
been violated. Any grievance not conforming to the provisions of this paragraph or that contains
nonidentification of specific violations of the Agreement shall be denied and not eligible to
advance through the steps of the Grievance Procedure, including arbitration.
14.3. Nothing in this Article or elsewhere in this Agreement shall be construed to permit the
Union to process a grievance (a) on behalf of any employee without his/her consent, or (b) with
respect to any matter which is the subject of a grievance, appeal, administrative action before a
governmental board or agency, or court proceeding, brought by an individual employee or group
of employees, or by the Union. Oral and written reprimands/warnings/deficiencies shall not be
considered grievable under this Agreement or the Civil Service Board.
14.4. It is further agreed by the Union that employees covered by this Agreement shall make an
exclusive election of remedy prior to filing a 2nd Step Grievance or initiating action for redress
in any other forum. Such choice of remedy will be made in writing on the form to be supplied by
the City.
The Election of Remedy form will indicate whether the aggrieved party or parties wish to
utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or
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administrative action before a governmental board, agency or court proceeding. Selection of
redress other than through the Grievance Procedure contained herein shall preclude the aggrieved
party or parties from utilizing said Grievance Procedure for adjustment of said grievance. An
employee as a condition of relying upon this contractual provision or any other Article of this
Agreement in a grievance proceeding expressly waives any further statutory, constitutional or
common law right to sue upon any similar claim.
14.5. The number of "working days" in presenting a grievance and receiving a reply from the
different levels of supervision shall be based upon a forty (40) hour, five (5) day work week,
Monday through Friday, not including City-wide holidays. Any grievance not processed in
accordance with the time limits provided below, shall be considered conclusively abandoned.
Any grievance not answered by Management within the time limits provided will automatically
advance to the next higher step of the Grievance Procedure. Time limits can only be extended by
mutual agreement of the Union and Department Director or the Director of Employee Relations
or designee. Such agreed to extensions shall be followed up in writing.
14.6. Where an employee covered by this Agreement elects to represent himself or be
represented by someone other than the Union, the City will respond through its management
representatives consistent with the following steps and time limits. Said response will not be
inconsistent with the Labor Agreement and a representative of the Union will be given an
opportunity to be present and receive a copy of the written response.
14.7. A grievance shall be processed in accordance with the following procedure:
Step 1.
The aggrieved employee shall discuss the grievance with his/her immediate supervisor
outside the bargaining unit within five (5) working days of the occurrence which gave rise to the
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grievance. A City employee Union representative will be given a reasonable opportunity to be
present at any meeting called for the resolution of such grievance. The immediate supervisor,
outside the bargaining unit, shall attempt to adjust the matter and/or verbally respond to the
employee within five (5) working days.
Where a grievance is general in nature in that it applies to a number of employees having
the same issue to be decided, or if the grievance is directly between the Union and the City, or
when a grievance is filed due to an employee's dismissal, it shall be presented directly at Step 3
of the Grievance Procedure, within the time limits provided for the submission of a grievance in
Step 1 by the Union President. The Election of Remedy form as provided in Section 14.4 of this
Article must be completed and attached to grievances presented directly at Step 3. All
grievances must be processed within the time limits herein provided unless extended in writing
by mutual agreement between the Director of Employee Relations or designee and the Union
President or grieving employees.
Step 2.
If the grievance has not been satisfactorily resolved at Step 1, the employee or the Union
representative may pursue the grievance by completing the Election of Remedy form provided
for in Section 14.4 of this Article before initiating the grievance to the second step of the
Grievance Procedure. If the aggrieved party or parties elect the remedy other than the Grievance
Procedure (Civil Service) contained herein, the grievance shall be withdrawn and conclusively
abandoned. When the Election of Remedy form indicates the grievance is to be advanced
through the Grievance Procedure, the employee or the Union Representative shall reduce the
grievance to writing on the standard form provided for this purpose and presenting such written
grievance to the Department Director concerned within five (5) working days from the time the
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supervisor has given his/her oral response to Step 1. The Department Director or designee and
Management personnel concerned shall meet with the employee and the Union Representative
and shall respond in writing to the Union within five (5) working days from receipt of the written
grievance.
Step 3.
If the grievance has not been satisfactorily resolved at Step 2, the employee and/or the
Union President may present a written appeal to the Director of Employee Relations or designee
within seven (7) working days from the time the Step 2 response was due in Step 2. The
Director of Employee Relations or designee shall meet with the employee and/or (the Union
President and shall respond in writing to the Union within seven (7) working days from receipt
of the appeal.
Step 4.
If the Grievance is not settled at Step 3, it may upon written request of the Union
President within seven (7) working days after receipt of reply or answer be referred to
arbitration.
14.8. The arbitration proceeding shall be conducted by an arbitrator selected by the employer
and the Union. The selection process of the arbitrator between the employer and the Union will
take place within twenty (20) days after notice is given. If the parties fail to select an arbitrator,
the Federal Mediation and Conciliation Services, or some other mutually agreed upon service,
shall be requested to provide a minimum panel of five (5) arbitrators. Both the employer and the
Union shall alternately strike a name from the panel until one remains. The party requesting
arbitration shall strike the first name; the other party shall then strike one name.
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14.9. The arbitration shall be conducted under the rules set forth in this Agreement and not
under the rules of the American Arbitration Association. Subject to the following, the arbitrator
shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The
arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or
supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall
have no authority to consider or rule upon any matter which is stated in this Agreement not to be
subject to arbitration or which is not a grievance as defined in this Agreement, or which is not
specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be
construed by an arbitrator to supersede applicable laws in existence at the time of signing this
Agreement.
14.10. The arbitrator may not issue declaratory or advisory opinions and shall confine
himself/herself exclusively to the question which is presented to him, which question must be
actual and existing.
14.11. The fee and expenses of the arbitrator shall be paid by the party which loses the appeal to
arbitration. Each party shall fully bear its own costs regarding witnesses and representation.
Should any individual bargaining unit employee bring a grievance under this Article on his/her
own, he/she shall be required to post a bond of an estimated one-half (1/2) of the expenses of the
hearing with the arbitrator before the hearing may be scheduled.
14.12. Copies of the award of the arbitration made in accordance with the jurisdiction or
authority under this Agreement shall be furnished to both parties within thirty (30) days of the
hearing and shall be final and binding on both parties.
14.13. Consistent with Chapter 447.401, the Union shall not be required to process grievances or
be liable for any expenses for employees covered by this Agreement who are not members of the
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Union. Where non-members or any employee covered by the Agreement elects not to be
represented by the Union, written responses shall be given to the employee and to the Union.
14.14. A request for review of complaints under Civil Service Rule 16.2 may only be made by
full-time classified service employees. Such requests under Rule 16.2 shall be denied where the
request does not cite the applicable Civil Service Rule(s) which is the basis of the complaint; or,
where the issue relates to a matter covered by the Collective Bargaining Agreement. This
section shall be limited solely to hearings under Rule 16.
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ARTICLE 15
EMPLOYEES' BILL OF RIGHTS
15.1. When an employee has reasonable grounds to conclude that his/her participation in an
investigatory interview will result in his receipt of disciplinary action, the employee may request
that a Union representative be present at the interview. The employee's representative shall
confine his/her role in the interview to advising the employee of his/her rights and assisting in
clarification of the facts. Upon request, the City 11 make a reasonable effort to contact the
employee's choice of representative, but shall not be obligated to delay the interview for more
than thirty (30) minutes and shall give the representative sufficient time to get to the interview
location. but shall not be obligated to delay the interview for more than sixty (60) minutes.
15.2. Investigatory interviews shall be conducted at a reasonable hour, preferably while the
employee is on duty, unless the seriousness of the investigation is of such degree that immediate
action is required. If the employee is required to -be interviewed outside his assigned work
schedule, he/she shall be paid overtime in accordance with Article 26.
15.3. At the commencement of the interview, the employee shall be advised of the subject
matter of the investigation.
15.4. The parties agree to abide by the law with respect to the use ofpolygraphs.
Tentative Agreement - Date:772-6/2-0/ 4) City: Ze,041 AFSCME. 1907: 4•e---1.-=
ARTICLE 16
DISCIPLINARY PROCEDURES
16.1. In cases where it becomes necessary to discharge or otherwise discipline a permanent,
classified employee covered by this Agreement, a representative of management shall give
notice of said discipline to the employee. Such notice of discipline shall be confirmed in writing
to the employee and the Union no later than five (5) working days following the day of discharge
or imposition of discipline, excluding Saturdays, Sundays, holidays and the day of occurrence.
16.2. Employees who have not attained permanent status in the classified service, or who are
entrance probationary employees, may not grieve disciplinary action under the provisions of this
Agreement.
16.3. If an appeal of any discharge or other disciplinary action, excluding oral or written
reprimands, is filed with the Civil Service Board in accordance with the Board Rules and
Regulations, such appeal shall be an automatic election of remedy and shall waive any right on
the part of the employee or the Union to file or process a- grievance under the terms of this
Agreement protesting such discharge or other disciplinary action. Should an employee elect to
grieve discharge or other disciplinary action, excluding an oral or written reprimand, such
grievance shall be made only in accordance with the terms of the Grievance Procedure Article as
contained in this Agreement.
16.4. The process of an appeal to the Civil Service Board or a grievance under this Agreement
shall be an exclusive election of remedy by the employee and shall be a waiver of all forums of
review and due process to which the employee may otherwise be entitled.
16.5. Entrance pProbationary employees who were appointed to a position but who did not
complete the required probationary period may be discharged or demoted any time prior to the
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expiration of the probationary period. The employee shall not be accorded a hearing before the
Civil Service Board or access to the grievance procedure contained herein. A probationary
employee who is in probationary status due to a promotion shall be returned to a former
classification in which the employee held permanent status, or be discharged if in an entrance
position upon being notified in writing by thc Department Director. If an employee who is in
probationary status due to a promotion is rolled back, he or she may appeal the decision to the
Director of Employee Relations. Such appeal shall be made within five (5) days notice of the
roll back, in writing, and the decision of the Director will be final.
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ARTICLE 17
LOSS OF EMPLOYMENT
17.1 Employees shall lose their seniority and their employment shall be terminated for the
following reasons:
1. Discharge if not reversed.
2. Resignation. An employee who voluntarily submits a resignation either orally or
in writing shall have the right to withdraw said resignation for up to twenty-four
(24) hours from submission. If submission occurs on a day preceding a weekend
or holiday or the employee's regular day off, the employee shall have to the close
of the employee's next regular working day to withdraw said resignation.
3. Abandonment of position. An employee absent for a period of three (3) workdays
without notification of valid reason to the City and who has no legitimate reason
for not notifying the City of his/her absence, may be considered as having
resigned. Said resignation shall only be reviewed, if applicable, by the City
Manager or the Director of Employee Relations or designee.
4. Unexcused failure to return to work when recalled from layoff, as set forth in the
recall procedure.
5. Unexcused failure to return to work after expiration of a formal leave of absence.
An employee who fails to return from a formal leave of absence will be
considered as having resigned. Said resignation shall only be reviewed, if
applicable, by the City Manager or the Director of Employee Relations or
designee.
6. Retirement.
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7. Layoff for a continuous period of eighteen (18) months.
17.2 Permanent employees subject to layoff shall be demoted or transferred to those classes in
which the employee held previous status, consistent with Civil Service Rules and Regulations
notwithstanding Article 24, Section 24.1, Wages.
If the employee has ten (10) years of full-time consecutive classified service with the City
and has never held permanent status in another position, the employee may be demoted or
transferred by management in accordance with his/her seniority to another position in the
bargaining unit that is as close to the employee's present class and wage level as possible and
which he/she is able to perform and qualified to fill. The employee must make a written request
for such demotion or transfer within three (3) working days after notification of layoff Such
request shall be made to the Director of Employee Relations or designee. Management shall
have the right to determine such person's ability and qualifications to fill a position without
recourse through the grievance procedure or any other appeals procedure with exception of the
following.
Should the individual transferred or demoted feel that the position determined by
Management is not the one closest to their previous salary level for which they are qualified, the
employee may appeal within three (3) working days of notice of the new assignment only to a
two (2) person committee made up of the Director of Employee Relations or designee and the
Union President shall convene a meeting with the Federal Mediation and Conciliation Service
Commissioner who shall review the placement and render an advisory decision to the parties.
Employees transferred or demoted under this Section shall replace the least senior
employee in the position which he/she occupies. If the employee's regular position subsequently
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becomes available, consistent with Civil Service Rules and Regulations, he/she shall be
promoted and transferred back to his regular position.
It is understood by the Union and the City that nothing in Section 17.2 guarantees the
employee a job nor is the City obligated to create a job, but the City will make a good faith effort
to place the individual demoted or laid off consistent with the language of Section 17.2.
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ARTICLE 18
EMPLOYEE EVALUATION
18.1. Permanent full-time classified employees covered by this Agreement will be evaluated
utilizing the appropriate evaluation forms as approved by the Employee Relations Department.
The evaluation will be provided on the employee's anniversary date.
18.2. Prior to distribution of an evaluation, the Department Director shall review the
supervisor's ratings to check for consistency and that the criteria in the evaluation system has
been met. Employees evaluated will be given a copy of the evaluation rating. Should an
evaluation be downgraded after the employee's initial evaluation by his/her immediate
supervisor, the employee will be given a copy of the downgraded evaluation rating. Only a copy
of an unsatisfactory rating will be forwarded to the Union President. Any employee rated below
satisfactory by Management will be given an opportunity to improve to a satisfactory level.
Failure to improve will result in disciplinary action up to and including termination. This section
shall not apply to permanent full-time classified employees serving in a probationary
promotional appointment.
18.3. Permanent full-time classified employees serving in a probationary promotional
appointment must successfully complete the probationary period within the tirne frame provided
(6 to 12 months), unless the Department Director recommends an extension of said time frame.
Any person hired or promoted into a Communications Operator position in the Police
Department or the Fire -Rescue Department shall serve an eighteen (18) month probationary
period. Extensions of probationary periods shall be approved by the Director of Employee
Relations or designee.
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18.4. Unsatisfactory rating of permanent full-time classified employees not serving in a
promotional appointment shall cause the employee to appear before the Civil Service Board to
show cause why he/she should not be removed, suspended, or reduced in grade. Should an
employee covered by this section feel the unsatisfactory rating was incorrect, he may grieve the
rating consistent with the Grievance Procedure. However, any grievance concerning the
employee's unsatisfactory evaluation will be consolidated -with any discipline appeal should the
employee be removed, suspended or reduced in grade because of the unsatisfactory evaluation.
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ARTICLE 19
ANNIVERSARY INCREASE
Pursuant to Article 24, Wages, the parties agree that there will be no anniversary
increases for the term of this contract.
19.1 Salary increases recognizing satisfactory service within established pay ranges are
provided for in the City's salary schedule. On written approval from the Department Director,
employees shall receive a one-step increase in salary, not to exceed the maximum step rate.
Those employees receiving approved anniversary increases when submitted during the first
seven (7) days of the payroll period shall receive the higher rate of pay for the full pay period.
Those employees receiving approved increases from the eighth (8th) to the fourteenth (14th) day
of the payroll period shall receive their anniversary increase effective the start of the following
pay period. All anniversary increases shall be subject to review for accuracy by the Department
of Employee Relations.
19.2 Leaves of absence without pay or suspension of any duration shall delay anniversary
increases by the same number of workdays.
19.3 Anniversary increases are not automatic. Anniversary increases shall be awarded only on
the basis of continued satisfactory service by the employee and on the positive approval of the
Department Director. A Department Director may withhold anniversary increases due to
excessive absenteeism resulting from tardiness, sick leave usage and/or until such time as, in the
Department Director's judgment, the employee's service within the classification meets the
standards of satisfactory performance for the position. Employees whose anniversary increases
are delayed or denied shall be notified of the reasons for the action being taken.
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Employees whose anniversary increases are delayed or denied due solely to tardiness or
sick leave usage may request a review of the denial by the Director of Employee Relations or
designee, whose decision shall be final and binding.
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ARTICLE 20
EMPLOYEES ACTING WITHIN THE SCOPE OF AUTHORITY
20.1. Whenever a civil or criminal action is brought against a bargaining unit employee, while
in the course. of his/her City on -duty employment, and while acting within the scope of his/her
authority, the City shall have the option to pay legal costs and attorney fees; not to exceed one
hundred and twenty five ($125.00) dollars per hour or provide legal counsel where: a) the
bargaining unit employee is found not to be liable or guilty, and b) when the plaintiff requests
dismissal of the suit.
20.2. The City will neither provide legal representation nor pay any claim or judgment entered
against any bargaining unit employee if the claim or judgment arises from any of the following:
1. Any unauthorized and/or criminal act;
2. Any intentional tort;
3. Gross negligence or misconduct, or
4. While under the influence of alcohol, drugs or illegal substances.
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ARTICLE 21
WORKING OUT OF CLASSIFICATION
21.1. A department director, or designee, may direct an employee to serve in a vacant
classification higher than the classification in which an employee currently holds status.
Working out of classification will not grant permanent job status or provide any automatic job
rights to the position filled on acting assignment to the higher classification. However, the City
shall permanently fill the position to which the employee has been assigned in an acting capacity
within two (2) years of the initial assignment in accordance with the City's promotional process.
Employees assigned to work out of classification shall meet the minimum job requirements for
the position being filled.
21.2. In the event an employee is assigned work of a higher classification as provided for in
Section 21.1 of this Article, the employee wilLbe_granted a one-step increase or the rate for the
first step of the higher classification, whichever is greater, for all time worked out of
classification in excess of thirty (30) consecutive calendar days. If the employee is assigned
working out of classification in a job basis position, the employee will be granted compensation
as provided for in this section, however, the employee is not entitled to overtime. Employees
performing work lower than their current classification are not entitled to working out of
classification pay.
21.3. During any on -job training program designed to upgrade employees' skills, those
employees in such training shall not be eligible for additional compensation as provided in
Section 21.2 of this Article.
21.4. In order to initiate an acting assignment, the employee's immediate supervisor shall, upon
assigning an employee to an acting assignment, immediately complete the necessary notification
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form as provided by the City. Upon notification of an employee placed on acting assignment,
the Employee Relations Department shall conduct an evaluation to determine the eligibility of
the employee assigned to the acting assignment in accordance with this article.
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ARTICLE 22
REST/LUNCH PERIODS
22.1. All employeeswork schedules shall provide for a fifteen minute rest period during each
four (4) hour work period.
22.2. Employees who do not take a rest period due to work conditions or by personal choice
may not lengthen lunch periods, cover an employee's late arrival or early departure, nor may it be
regarded as cumulative if it is not taken.
22.3. Employee lunch periods are not compensated by the City and therefore may not cover an
employee's rest period, late arrival or early departure.
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ARTICLE 23
LINE OF DUTY INJURIES
23.1. Workers' Compensation Medical and Indemnity Benefits. To the extent required by,
and subject to the limitations specified in, Chapter 440, Florida Statutes, the City will provide
workers' compensation indemnity benefits to any bargaining unit employee who sustains a
compensable line of duty injury or illness as provided by the Workers' Compensation Law of the
State of Florida.
23.2 Supplemental Salary.
23.2(a) Any bargaining unit employee who is disabled as a result of an accident, injury
or illness covered by Chapter 440, Florida Statutes, will be granted supplementary salary,
subject to the terms and conditions set forth below. Supplemental salary will be paid in
the form of a continuation of the bargaining unit employee's regular paycheck as
provided by Resolution No. 39802. This check will include those indemnity payments
provided for under the Workers' Compensation Law.
23.2(b) Full-time Civil Service employees who have permanent status with the City as
of September 30, 1981 shall receive supplementary pay which, when added to the
workers' compensation benefits shall not exceed 100% of the employee's weekly pay
prior to the line of duty injury, accident, or occupational disease for the period of
entitlement to full supplementary pay. All otheremployees and Civil Service employees
hired subsequent to September 30, 1981, shall be eligible for supplementary pay and
workers' compensation pay to the extent that the total of such benefits shall not exceed
eighty (80) percent of the employee's weekly pay prior to the line of duty injury,
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accident, or occupational disease. This benefit shall take effect only after the employee
has been disabled for a period in excess of seven (7) calendar days.
23.2(c) Unless extended as provided below, supplementary salary will be granted for a
period not to exceed 150 consecutive days from the date of covered accident, injury or
illness. Such supplementary salary may be extended up to an additionally 60 consecutive
days upon approval of the City Manager or his designee. The 150 days begin when the
bargaining unit employee is actually placed on "D". If the bargaining unit employee is
removed from "D," the non "D" time will not apply to the 150 days period.
23.2(d) If an employee remains temporarily disabled beyond the period oftime in which
he is entitled to collect supplementary pay benefits, he/she shall be entitled to 2/3 "D"
pay for the additional period of his/her temporary disability pursuant to current practices.
23.2(e) If an employee becomes permanently and totally incapacitated from the further
performance of the duties of his/her classified position he/she shall petition the
retirement board for retirement. The 2/3 "D" pay as described above, shall be carried by
the department until the retirement is granted or denied.
23.2(f) At any time during his/her absence from duty claimed to be the result of a line
of duty injury while an employee is collecting City supplementary pay, the employee
shall be required, upon the request of the City Manager, or his/her designee, to submit to
a physical examination by a physician designated by the City Manager within fifteen (15)
days of the request. If such employee, without cause, as determined by the City Manager,
shall fail to submit to the examination at the time specified, all City supplementary salary
benefits will be terminated.
23.3. Deductions:
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In the event a bargaining unit employee 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 employee's
pension contribution', medical, life and other insurance contributions, and all other non -
mandatory and voluntary deductions will be made by the City on the bargaining unit employee's
behalf only to the extent that sufficient funds are then available. The City will not make any
non -mandatory and voluntary deductions if the combined workers' compensation benefits and
supplementary salary are insufficient to cover the amount of the deduction(s). If there are not
sufficient funds available, the bargaining unit employee 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 bi-weekly basis. Should
the employee notify the City by contacting Risk Management that he/she does not want a
combination of Workers' Compensation indemnity pay included with the supplemental wage for
the purposes of making regular deductions, the Workers' Compensation check will be distributed
separately through the third party administrator and the City will only pay the supplemental wage
minus federally mandated deductions. i.e. withholding, social security and Medicare. All other
non -mandatory deductions, including pension, medical, life and other insurance contributions
1 The amount of the pension contribution shall be based on "earnable compensation" as defined by Miami Code
Section 40-191.
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and all other non -mandatory and voluntary deductions will not be made and the bargaining unit
employee 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 detennine 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 to any bargaining unit employee whom is injured or
becomes ill while performing an act intended to injure or hurt one's self or another.
23.4. Any condition or impairment of health suffered by employees in the classification of
Identification Technician and Property Specialist caused by Acquired Immunity Deficiency
Syndrome (AIDS), Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis shall be
presumed to have been accidental and to have been suffered in the line of duty unless the
contrary be shown by satisfactory evidence. Employees either currently in the classification or
promoted or hired into the classification of Identification Technician and Property Specialist who
refuses to take a medical examination and all of its components relating to the presumptions
within this article, shall not be entitled to the presumption outlined in this section and Florida
Statutes 112.1 8.
The presumption in favor of employees referred to in this section shall not apply to any
other contagious diseases which may be contracted by employees. Furthermore, the presumption
shall only .be applicable to worker's compensation and disability pension benefit determinations.
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Nothing in this section shall be construed as a waiver of the City's rights under applicable state
law.
23,4": Nothing in this Article shall be construed as a waiver of the City's rights under applicable
State law.
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ARTICLE 24
WAGES
24.1 Wages will be maintained at the level in existence on September 30, 2011. The parties
agree that, except as otherwise provided for in this Article, there will be no increase or decrease
of base wages for the 2011-2012 year.
Effective the first full pay period following the dates indicated below, bargaining unit employee:,
will receive an across the board wage increase as follows:
October 1, 2007
October 1, 2008
October 1, 2009
3%
3%
3%
In return for the Union's agreement for a three (3) year agreement, the following
will apply: Management will not layoff bargaining unit employees for the life of this Agreement
Before a permanent bargaining unit member is laid off, the employee shall have
the opportunity to fill any position held by a temporary employee, provided the bargaining unit
member meets the minimum requirements set forth in the job description. In such cases, the
temporary employee shall be displaced.
In the event the City's fiscal ability to maintain permanent bargaining unit
employees on the active payroll deteriorates, management will promptly notify the Union. The
the bargaining unit.
Effective October 1, 1998, bargaining unit employees hired on or after October 1,
1998 may be laid off in accordance with Civil Service Rules and Regulations and/or applicable
City policies.
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24.2 All changes in salary for reasons of promotion, demotion, merit increase, or
working out of class or longevity increases, shall be effective the first day of the payroll period
following the effective date of the change.
Employees hired into a classified Civil Service position shall have their date of hire
changed to reflect their commencement as a classified Civil Service position and shall
satisfactorily serve a probationary period of one (1) year commencing with the date of entry into
a permanently budgeted classification and prior to gaining permanent status in the classified
service.
2.4424.3 A night shift differential of $.60 per hour will be paid to bargaining unit
employees who work a regular established shift between the hours of 6:00 p.m. and 8:00 a.m.
However, more than one-half of the hours of the regular established shift must be within the
hours of 6:00 p.m. and 8:00 a.m. Night shift differential will only be paid for hours actually
worked during the night shift differential period and will not be paid for any overtime hours.
Night shift differential shall not be used in calculating average earnings for pension purposes.
24:524.4 Bargaining unit members shall become eligible for a five percent (5%) one
(1) step increase for steps 2 through 7; a two and one-half percent (2.5%) one (1) step increase
for step 8.
Step 2 5%
Step 3 5%
Step 4 5%
Step 5 5%
Step 6 5%
Step 7 5%
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Step 8 2.5%
There will be no step increases during this agreement.
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
work days. Bargaining unit members shall become eligible for a one (1) step longevity increase
of five percent (5%) for years ten (10), fifteen (15), twenty (20), and twenty one (21); a two and
one half percent (2.5%) for years sixteen (16) and twenty two (22).
Longevity is as follows:
10 years 5%
15 years 5%
16 years 2.5%
20 years 5%
21 years 5%
22 years 2.5%
There will be no longevity increases during this agreement.
2/1.624.5 Bargaining unit employees who are hired on or after October 1, 1984 shall
satisfactorily serve a probationary period of one year prior to gaining permanent status in the
classified service.
24.724.6Any bargaining unit employee, upon normal retirement from City service, or
separating under honorable conditions, who has served for a period of twenty-five (25) years or
more, shall be granted, at the time of his normal retirement or honorable separation one hundred
seventy-three and three tenths (173.3) hours of pay.
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24.7 24-Hour Take Home Vehicles:
Bargaining unit employees who are assigned a 24-Hour Take Home Vehicle and who
reside within the city limits of the City of Miami shall reimburse the City $50 a month for the
benefit of the assigned 24-Hour Take Home Vehicle; bargaining unit employees who reside
outside the city limits of the City of Miami but within Miami -Dade County shall reimburse the
City $100 a month for the benefit of the assigned 24-Hour Take Home Vehicle; bargaining unit
employees who reside in Broward County shall reimburse the City $150 a month for the benefit
of the assigned 24-Hour Take Home Vehicle; and bargaining unit employees who reside in
Monroe County or Palm Beach County shall reimburse the City $250 a month for the benefit of
the assigned 24-Hour Take Home Vehicle. Bargaining unit employees who are not assigned 24-
Hour Take Home Vehicles will not receive any additional compensation in lieu of a 24-Hour
Take Home Vehicle.
Union's good faith effort to cooperate with the City to increase the efficiency of the City, the
City hereby makes a good faith representation to the Union that it will be able to fund this
Agreement.
The City hereby knowingly, intelligently and unequivocally waives its right not to
fund any year of this Agreement. The only exception to this waiver is in the case of a "true fiscal
In order for the City to establish a "true fiscal emergency" so as to lawfully not
fund any y-ar or years of this Agreement, the City must demonstrate that there is no other
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Notwithstanding any other article of this Collective Bargaining Agreceiche
City hereby specifically agrees that any disputes concerning the application or interpretation of
the funding of the contract will be resolved through the grievance arbitration procedure of thiE.T.
Agreement.
If an arbitrator determines that the. City has br-ached its funding requirements
to appropriate the necessary monies to fund the Agreement. This also applies to any
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ARTICLE 25
PAY SUPPLEMENTS
25.1. Employees shall receive no additional pay supplements except as are specifically
provided by this Agreement. Any pay supplements/tool allowance provided by this Agreement
shall not be used in calculating average earnings for pension purposes or included in a bargaining
unit employee's base rate of pay for purposes of payoff of sick leave or vacation upon separation
or retirement from the City.
25.2. Only those employees holding permanent status within the occupation of Heavy
Equipment Mechanic and who are permanently assigned to the Fire Garage shall receive a seven
and one half percent (7 '/2%) pay supplement added to their base rate of pay should they be
continually assigned to on -call rotation. Said pay supplement shall be deemed to fully satisfy
any on -call pay obligation which might be construed to exist under the Fair Labor Standards Act.
25.3. , tThose employees within
the occupation of Communications Operator who are actively assigned the duty of training new
Communications Operators shall be entitled to receive a five percent (5%) per pay period pay
supplement for the actual full pay period they are assigned in a training capacity by their
supervisor.
Should the City feel the need to have an audit performed for the purpose of determining
whether a separate training occupation is desirable, the City may discontinue this plus item and
assign said duties to the person or persons holding said Communications Operator Trainer
classification.
25.4. Al! Police Communications Operators, Communications Operator Supervisors and
Communications Assistants assigned to Police Communications shall receive a five percent
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(5%) pay supplement if the employee holds and maintains the Quality Assurance Proficiency
•(QAP) rating in accordance with Police Standards after a period of three (3) months.
25.5. All Fire Communications Operators, Communications Operator Supervisors and the
Communications Center Supervisor assigned to Fire Communications shall receive a five percent
(5%) pay supplement if the employee holds the National Academy of Emergency Medical
Dispatcher (NAEMD) certification in accordance with the Fire Department standards.
25.6. All employees specified above shall receive the QAP or NAEMD pay upon ratification of
the contract as set out above. Should any employee specified above fail to maintain his/her QAP
rating or the NAEMD certification, the supplementary pay shall cease. Upon re -qualifying for
the QAP rating and thereafter maintaining the QAP rating for a period of three (3) months, the
employee shall again receive the QAP pay. Upon re -qualifying and thereafter maintaining the
NAEMD certification, the employee shall again receive the NAEMD pay. In no instance shall
any individual receive both QAP and NAEMD pay supplements as specified herein at the same
time.
25.7. Fire Garage Mechanics and Supervisors who obtain Emergency Vehicle Technicians
certificates, shall receive a one percent (1°A) pay supplement for every two (2) licenses that
mechanics and supervisors obtain and maintain, up to a maximum of five percent (5%) for
holding a minimum of ten (10) approved licenses.
All Department of General Services Administration fleet employees and supervisors who
obtain Automotive Service Excellence (ASE) certification, shall receive a one percent (1%) pay
supplement for every two (2) licenses obtained and maintained, up to a maximum of five percent
(5%) for holding a minimum of ten (10) of the following licenses:
Automobile Series
Al: Engine Repair
Tentative Agreement — Date' - /0 City:
AF
CM E 1907:
A2: Automotive Transmission Transaxle
A3: Manual Drive Train and Axles
A4: Suspension and Steering
A5: Brakes
A6: Electrical/Electronic Systems
A7: Heating and Air Conditioning
A8: Engine Performance
Medium/Heavy Truck Series
T I : Gasoline Engines
T2: Diesel Engines
T3: Drive Train
T4: Brakes
T5: Suspension and Steering
T6: Electrical/Electronic Systems
T7: Heating, Ventilation & A/C
T8: Preventive Maintenance Inspection
Truck Equipment Installation and Repair Series
El: Truck Equipment Installation and Repair Specialist
E2: Electrical/Electronic Systems Installation and Repair
E3: Auxiliary Power Systems Installation and Repair
Advanced Level Series
Li: Automobile Advanced Engine Performance Specialist
L2: Med/Hvy Vehicle Electronic Diesel Engjne Diagposis Specialist
Tentative Agreement — Date7-2.F-^/0 City: 7C4'1 AFSCME 1907:
City's Proposed Article 26
Union's Proposed Article 29
UNIFORMS
26.1 In those classifications where the employer requires that the employee wear
safety shoes, the City shall, effective the first full pay period following ratification of the labor
agreement, issue allowance in the amount of $75.00 for the purchase of an initial pair of safety
shoes.
26.2 When, due to wear and tear or accidental job destruction, a replacement pair of
shoes is required, the City will grant up to an additional $75.00 for the purchase of another pair
of safety shoes.
This additional $75.00 shall only be provided when the worn out or damaged
pair of shoes is turned into the Department. The Department Director, or designee, shall
determine when, in their judgment, a pair of safety shoes shall be issued on the basis of need and
not on an automatic basis. Management reserves the right to provide safety shoes directly to the
employee in lieu of the approval provisions.
26.3 Employees in those classifications required to wear safety shoes shall be subject
to the loss of a day's pay for each day that the employee reports to work not wearing the required
safety shoes. Action under this section shall not be grievable under the Grievance Procedure or
appealable to the Civil Service Board. If a medical waiver is obtained stating that the employee
is unable to wear safety shoes, then the penalty stated above is not applicable.
26.4 Safety shoes shall not be worn by the employee when the employee is off duty.
Tentative Agreement — Date:
City: AFSCME 1907:
26.5 Employees shall be advised of shoe models which conform to City standards.
The shoe allowance authorized by this Article shall only be paid where an employee purchases a
pair of safety shoes whose quality is certified as acceptable by Management.
26.6 City furnished equipment where required by the employer will be replaced when
worn out or damaged only if the employee returns the worn out or damaged equipment to the
Department. This includes, but is not limited to, gloves, boots, inclement weather gear and other
equipment. A bargaining unit employee shall reimburse the City for the repair or current
replacement cost of lost, stolen, or damaged City equipment when the employee's carelessness
and/or negligence results in the loss, theft, or damage of the equipment.
26.7 Mechanics covered under this contract shall be provided with safety eyewear.
Those bargaining unit members requiring prescription safety eyewear due to their inability of
wearing regular safety eyewear will be provided prescription safety eyewear. The bargaining
unit member is responsible for obtaining the prescription at no cost to the City.
Tentative Agreement — Date:
744 AFSCME 1907:
ARTICLE 27
OVERTIME/COMPENSATORY TIME
27.1. All authorized hours worked in excess of an eligible employee's normal work week shall
be considered overtime work. Non-exempt/hourly employees shall not perform any work prior
to their normal work hours, during their lunch hour, or after their normal work hours unless
specifically authorized by a management supervisor.
27.2. Non-exempt/hourly employees performing compensable overtime work shall, at their
discretion, be paid time and one-half (11/4) at their straight time hourly rate of pay or shall be
given scheduled compensatory time at the rate of time and one-half (11/4) for such work.
Compensatory time off shall be taken in not less than fifteen (15) minute increments. This
overtime rate shall be all inclusive and no additional overtime pay shall be paid to those
employees working a holiday
)y;
27.3. The maximum accumulation of compensatory time hours is one hundred (100) hours. If
an employee takes compensatory time off, the hours in his/her bank shall be appropriately
reduced by such time off. If an employee leaves the service of the City and cashes in his/her
compensatory leave bank, the hours therein shall be valuated on the basis of the employee's
regular rate of pay. The rate of pay shall not be less than the higher of the employee's final
regular rate of pay or the average regular rate of pay during the last three (3) years of
employment.
27.4. Employees covered by this Agreement who are appointed to job basis/exempt
classifications and who have compensatory time banked, shall at time of such appointment be
paid for all compensatory time at their rate of pay prior to such appointment.
City's Proposal 12/7/2010
Tentative Agreement — Date:2, City: AFSCME 1907:
27.5. Overtime will be distributed as equally as practical to the best ability of the Supervisor in
charge among the employees within a division of the City, who have completed their
probationary period, by shift and classifications, according to seniority within the classification.
A new overtime list by classification will be posted every two pay periods as a guide for such
distribution. The remedy for the failure to offer overtime shall be that the employee shall be
offered an equal or comparable amount of overtime at the next opportunity.
27.6. The overtime list by classification will be made up of all employees in that classification.
If an employee refuses overtime, is sick, on vacation or on an excused absence the City will
move to the next employee in line on the overtime list. For call-back overtime, if the employee
does not answer his/her phone the City will move to the next employee in line on the overtime
list. This provision is not to be interpreted as meaning the employee is not subject to call-back
while on vacation or excused absence.
27.7. As each overtime opportunity arises the City will move through the overtime list until it
has offered the last employee on the list an overtime opportunity. Thereafter, the City will move
to the top of the list and begin with the most senior employee on the overtime list.
27.8. The provisions of this Article does not restrict the City's right to mandate employees to
work overtime. In the event the City must order overtime work within a unit or area of
assignment, the most junior employees of the affected classification will be ordered first to work
the required overtime.
27.9. If this method results in obviously inequitable distribution of overtime, the Director of
Employee Relations or designee and the Union President will work out a method of correcting
such inequity.
City's Proposal 12/7/2010 /
Tentative Agreement — Date:214 1.2.0/1 City: 7,4%.,)fl AFSCME 1907:
ARTICLE 28
GROUP INSURANCE
28.1 Current premium costs shall remain status quo until January 1, 20042012.
28.2 Summary Plan Document
The City and the Union agree that the Summary Plan Document (SPD) (entitled City of
Miami Life and Health Benefits dated August 7, 1997) shall be immediately updated to reflect
descriptions of the current benefit. Plan design and all plan benefits shall be those outlined
within the updated version of the employees benefits handbook and shall not be changed without
mutual agreement of the City and the Union. The updated and finalized SPD shall be provided
to the City's Plan Administrator (TPA) and the TPA will administer the Plan benefits in
accordance with the definitions and other language agreed to and contained in the SPD. The
Life and Accidental Death and Dismemberment (AD&D):
The City agrees to pay $8.08 per all eligible bargaining unit member per pay period to the
union to provide life insurance coverage in the amount of $35,000.00 and AD&D coverage in the
amount of $70,000. The Union, as of February 2007, has secured a two multi -year rate
guarantee from the provider, Standard Insurance Company Mutual of Omaha. 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.
MedicalNision:
City's Proposal 9/12/2011
Tentative Agreement — Date: t2 Et City:
AFSCME 1907:
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:
MedicalNision Core HMO Cigna Care Network
Low HMO Cigna Network
Dual Choice/POS Cigna Network
Dental DMO Starmark
Dental DI-IMO Met Life Solstice
EAP Cigna Health Care
enroll or re enroll in the Low HMO. Any other plan design changes must be agreed to by the
It is agreed between the parties that as of January 1, 20082012, the City's medical plan
will consist of a three four tier program:
Single coverage
Single coverage + 1 personspouse
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.
City's Proposal 9/12/2011
Tentative Agreement — Date: City:
AFSCME 1907:
As of January 1., 20082012, (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 20042012: Core 44440
Single $38.19 a month
Family $115.35 a month
POS Plan (costs of coverage shown bi-weekly):
Single $57.99 87.85 $40.55 a-nlehth
Single plus one dependent spouse $48.0,04 193.28 $89.21 a month
Single plus children $162.53 $75.01
Family $262.17 250.39 $115.56 a month
Plan Year 2009: Core HMO
Family $176.13 a month
POS Plan
Single $95.68 a month
Single plus one dependent $215.28 a month
Family $280.00 a month
Plan Year 2010: Core HMO
Single $92.12 a month
Single plus one dependent $207.94 a month
City's Proposal 9/12/2011
Tentative Agreement — Date:
City:
AFSCME 1907:
Family $258.77 a month
POS Plan
Single $110.33 a month
Family $320.00 a month
Plan Year 2012: Point of Service Plan
Co -Pays:
Primary Care Physician: Increase from $25.00 (currently) to $30.00 per
visit
Specialists from within Cigna Care Network: Increase from $40.00
(currently) to $50.00 per visit
Specialists from within POS Network but outside of Cigna Care Network:
Increase from $40.00 (currently) to $75.00 per visit
As there are frequent and rapid changes in health care costs, it is understood and agreed
between the parties that any changes in contribution amounts will be made based on the annual
calculation of theoretical premium. It is agreed that should theoretical premium actual operating
claims and administrative costs, and reserve costs increase at a rate higher than the projections
used to establish the employee contributions above (projection used is 10% increase in total
premium each year), then those employee contributions shall be adjusted to reflect the increase
and shall be effective at the beginning of the Health Plan Year. Likewise, should the theoretical
premium cost decrease more than the projections used to establish the employee contributions
stated above, those employee contributions will be lowered to reflect the overall theoretical
City's Proposal 9/12/2011
Tentative Agreement — Date:
City:
AFSCME 1907:
premium decrease. In any given plan year, projections used to establish any increase in
contributions from the employee shall be capped at 15%.
Prescription Drug Coverage:
The City currently offers a prescription drug benefit plan for those bargaining unit
members enrolled in HMO, Low HMO (only through December 31, 2007) and POS plans. It is a
self -funded plan administered by Cigna Health Care and consists of the current benefit:
Cigna RX Network $15 generic copay
$25 brand copay
Cigna Tel Drug 2x copay per script up to a 90 day supply
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 drugs
50% of drug cost per 30-day supply for self-administered Injectables (e.g. injectable
drugs used to treat rheumatoid arthritis, hepatitis C, multiple sclerosis, asthma).
Cigna Tel -Drug Mail Order Drug Program:
$0 (no charge) per 90-day supply for generic drugs
$80 per 90-day supply for preferred brand -name drugs
$120 per 90-day supply for non -preferred brand -name drugs
50% of drug cost per 90-day supply for self-administered Injectables (e.g. injectable
drugs used to treat rheumatoid arthritis, hepatitis C, multiple sclerosis, asthma).
Since prescription drug costs are a major component of the health plan and are subject to
significant annual cost increases, the City and the Union agree to evaluate and measure
City's Proposal 9/12/2011
Tentative Agreement — Date:
City:
AFSCME 1907: aaj
pharmacy benefit total costs and evaluate best practice strategies to manage the pharmacy
benefit. Any changes in the pharmacy benefit shall be mutually agreed to by the City and the
Union.
Dental:
Dental premium rates may be adjusted annually upon the City receiving notice from the
dental providers. Employees will be notified of the adjustments in the dental rates during open
enrollment. In accordance with current practice, when employees choose to be covered under
the City's dental plan, the employee will continue to pay the dental premium.
Employee contributions: In accordance with the City's .Cafeteria Plan group health
premiums will be paid by the bargaining unit employee with pre-tax dollars.
Health Committee:
It is agreed that a standing committee will be created called the Health Insurance
Committee. It shall be made up of six (6) City of Miami Employees, one member appointed by
the IAFF, one member appointed by AFSCME, Local 1907, one member appointed by
AFSCME, Local 871, two members appointed by the City Manager and one picked by mutual
agreement of the Unions and City Manager. The Group Benefits Coordinator shall serve as a
technical advisor to the committee, but will not be a member nor have a vote.
Based on this commitment and in collaboration with labor and management, this
Committee will work during the term of this contract to identify ways to strengthen and improve
our health plan. This will include, but is not limited to:
Obtain timely, accurate, and transparent reporting, with full disclosure, of all costs from
our vendors.
City's Proposal 9/12/2011
Tentative Agreement — Date: / U City:
AFSCME 1907:
Identify plan vendor administrative improvements and efficiencies that can have a
significant impact on reducing health expenditures and to ensure that our health plan vendors are
delivering maximum administrative savings.
Educate employees on better understanding and use of their health plan.
Identify the impact of health improvement and disease management initiatives to
decrease overall medical and drug costs.
Identify members who would benefit from health improvement initiatives and institute
programs to improve member's health.
Evaluate and measure our pharmacy benefit total costs and fully assess the costs from our
pharmacy benefit manager (PBM) vendor.
Identify proven strategies to more effectively provide prescription benefits, and obtain
vendor (PBM) administrative savings to successfully manage this important benefit.
Make recommendations to the City Manager to reduce health expenditures while
maintaining a quality health plan at an affordable, cost and which improves the health of
employees and dependents.
Review employee complaints and remedy situations concerning claims so long as the
decision does not change or impact current benefits. This is intended to reduce the need for the
grievance procedure; however, the bargaining unit member does not waive his/her right to file a
grievance should the committee's remedy is not satisfactory to the employee.
Review and update the Summary Plan Description (currently titled City of Miami Life
and Health Benefits).
City's Proposal 9/12/2011
Tentative Agreement — Date:
City:
AFSCME 1907:
Any and all other health care and wellness issues identified by the Committee as
promoting initiatives to improve the health of employees and dependents while maintaining a
quality health plan.
The Committee shall meet monthly or as soon a practicable to commence initiatives
outlined above.
Insurance Deductions by Payroll:
28.3 The City shall continue to make available to the Union a payroll deduction slot to
purchase local Union sponsored insurance programs.
Upon receipt of appropriate authorization from employees, the City will make the
designated deductions and forward monies to the Union. The City shall deduct from that
remittance an amount for the cost of these deductions. The amount will be calculated at two
cents (2¢) for each employee deduction, each payroll period, and ten cents (10¢) for each
addition, deletion, or modification to the individual deduction. The Union shall indemnify and
hold the City, its officers, officials, agents and employees harmless against any claim, demand,
suit or liability and for all legal costs arising from any action taken or not taken by the City, its
officials, agents and employees in executing this activity. The Director of Employee Relations
or designee will advise the Union of the deduction procedures that will be followed in the
implementation and administration of this activity.
City's Proposal 9/12/2011
Tentative Agreement — Date:
1/ City: :9) AFSCME 1907:
City's Proposed Article 29
Union's Proposed Article 30
TOOL ALLOWANCE
29.1 The City agrees to pay a quarterly tool allowance for Automotive Mechanic,
Heavy Equipment Mechanics and Auto Body Worker/Painter in the amount of eighty-five
($85.00) dollars quarterly. Such tool allowance will be paid to the employee within the first
fifteen (15) days after the close of the quarter.
29.2 Mechanics' tools, which are stolen due to vandalism or forced entry upon the
employer's property, will be replaced upon proof of a police report and an itemized list of the
tools stolen.
29.3 The Department Director or his designee shall have the sole right to develop or
redevelop a basic minimum tool list which employees must have to be hired in the various trades'
classifications. The Department Director may grant a reasonable length of time for any
employee to acquire additional tools to meet the basic minimum tool allowance inventory.
Employees whose tool inventory does not meet the minimum or drops below the basic minimum
tool list inventory, shall not receive a tool allowance. Tools may not be loaned to meet the basic
inventory tool list.
29.4 The Department Director, or his designee, shall provide a required minimum list
of tools for Automobile Mechanic & Motorcycle Mechanic, Heavy Equipment Mechanic,
Maintenance Mechanic, Auto Body & Painter, Welder, Machinist, Mason, Carpenter,
Electrician, Lineman, Plumber, Painter, A.C. Mechanic, Sign Painter, Communication
Technician, or any other classification not listed that the Department Director may feel is
necessary to add.
Tentative Agreement — Date: (0 City:7(1)1 AFSCME 1907: Git.
29.5 The affected employees within the above -listed classifications shall submit an
inventory of all their personal tools, make and model to their immediate supervisor outside the
bargaining unit who will verify the list. The employee will maintain a copy and a copy will be
filed in the Division Office. This list shall be periodically checked and updated. The City shall
replace broken, stolen, and worn out tools upon request and confirmation that the broken, stolen,
or worn out tool was on the recorded inventory. This replacement policy does not apply to the
classifications receiving the eighty-five ($85.00) dollars quarterly tool allowance. Submission of
the inventory list of tools in excess of the basic minimum tool list shall be completed within sixty
(60) days after ratification of this Agreement.
Tentative Agreement — Date: & City: , AFSCME 1907: C
ARTICLE 31
TUITION REIMBURSEMENT
31.1. It is agreed between the parties that the tuition reimbursement program is designed to
encourage City employees to improve their job performance and increase their value to the City
by pursuing courses of study related to their job duties at accredited educational institutions. The
policy governing the tuition reimbursement program is intended to be flexible, with broad
discretion for approval reserved to the Department Director and the City Manager so as to insure
on-the-job effectiveness of City employees. Tuition reimbursement shall not be subject to
budgetary constraints.
31.2. Any full-time, permanent City employee shall be eligible to participate in the Tuition
Reimbursement Program.
31.3. All course work must be taken at or from an accredited college, university or educational
institution approved by the City Manager or the Department of Employee Relations designee.
Course work taken under provisions of this Article must be directly related to the employee's job
duties. Class attendance will be on the employee's own time unless otherwise noted in the course
announcement and authorized by the City Manager or the Department of Employee Relations
designee.
31.4. Effective upon ratification reimbursement will be limited to books, lab fees, and tuition
costs up to a maximum of $1,000.00 per calendar year.
31.5. To be eligible for reimbursement, the employee must successfully complete the course
work and provide evidence of successful completion to the City. Successful completion must be
evidenced by a grade of "C" or better.
31.6. Procedures for reimbursement will be as follows:
Tentative Agreement — Date: 6/0 City: AFSCME 1907: 71,eAtc-r:‘:>:
A. The employee must obtain three (3) copies of the Application for Tuition
Reimbursement form for each course from their department or the
Employee Relations Department.
B. The employee must complete the application in triplicate and submit it
to his/her Department Director prior to registration at the education
institution.
C. The Department Director will then review the application and if
approved forward the original and one copy to the Employee Relations
Department. If the application is not approved, it is then returned to the
employee by the Department Director.
D. The Employee Relations Department has the authority to approve or not
approve the application, and applications not approved will be returned
to the Department Director with the reason for rejection noted thereon.
31.7. In the event the employee resigns or is terminated from the City within one (1) year
following completion of the course(s) for which City funds have been expended, the amount of
tuition reimbursement paid to the employee will be reimbursed to the City by the employee upon
his/her termination from the City through a deduction from his/her final paycheck.
31.8. Upon completion of the course work, the employee must submit his/her semester grade
report together with the tuition fee receipt to his/her Department Director. The Department
Director will submit the approved application for tuition reimbursement along with the
employee's semester grade report to the Finance Department who shall then reimburse the
employee for the City's share of the tuition reimbursement. The employee's Department
Tentative Agreement — Date: 7 2• City: AFSCME 1907: er,ze
Director will advise the Employee Relations Department of the employee's satisfactory
completion of the course.
Tentative Agreement — Date:77,6/, City: AFSCME 1907:
City's Proposed Article 24
Union's Proposed Article 32
CALL BACK
24.1 Any bargaining unit member eligible for overtime shall, if recalled to duty
during off -duty hours, receive a minimum of three (3) hours plus one (1) hour travel time, paid at
the overtime rate. The parties agree that call-back hours shall not be used in the computation of
arriving at average earnings for purposes of establishing pension benefits.
24.2 It is not the intent of this Article or any other Article of this Agreement to
provide pay for a bargaining unit member out on ill time or workers compensation to receive
call-back pay, overtime pay or straight time pay for taking the required physical before said
employee may be released to return to work.
Tentative Agreement — Date: /f 20/ City: it,i)ef AFSCME 1907:
ARTICLE 33
JURY DUTY/COURT. APPEARANCE
33.1. Employees serving on jury duty shall be carried "JD" (Jury Duty) for actual working time
lost when called to serve on jury duty. Such employees shall be paid at their regular hourly rate
for all working time lost up to forty (40) hours per week. Employees who work a regular shift
between the hours of 11:00 p.m. and 7:00 a.m. and who are summoned to jury duty the day
preceding their regular shift, shall be carried on leave of absence with pay for their regular shift.
All employees released early from jury duty shall report back to work during their regular work
schedule or shall forfeit the City compensation for Jury Duty for all hours they are absent.
33.2. In consideration of receiving their regular pay, employees called to serve on Jury Duty
shall promptly notify their supervisor of the call to Jury Duty. The supervisor shall make a copy
of the summons to Jury Duty and forward said copy with the payroll sheets for the week in
which the employee is on Jury Duty.
Employees who serve as jurors for Federal Court shall have deducted from their
paycheck a jury duty fee equal to that compensation paid to the employee by the Federal Court in
his/her jurisdiction per day in the payroll period following the week in which the employee was
on Jury Duty.
Employees who serve as jurors for State and County Court shall not have Jury Duty fees
deducted for the first three (3) days of juror service. Employees who serve more than three (3)
days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to that
compensation paid to the employee by the State or County Court in his jurisdiction.
Any changes by the Courts in the above fees shall be reflected in the employee's
paycheck as they occur.
Tentative Agreement — Date:7—Z C"---/O City: 7c-(261" AFSCME 1907:
Where Courts provide free parking for jurists, employees will not be reimbursed for any
parking receipts submitted while attending such courts.
33.3. Attendance in court in response to legal order or subpoena to appear and testify in private
litigation not in connection with an employee's official duty, but rather as an individual, shall be
taken as vacation, compensatory leave, or leave of absence without pay.
33.4. When requests for appearances before the Civil Service Board require witnesses, the
Civil Service Office shall require that said requests delineate who arc character witnesses and
who are witnesses testifying as to the incident at hand. Should the number of character witnesses
exceed two (2) then a statement from those additional character witnesses shall be submitted to
the Civil Service Board stipulating to the character of the employee on appeal before the Civil
Service Board.
Tentative Agreement — Date: 7,2_1"-/ 0 City: -7(Af AFSCME 1907:
ARTICLE 34
COMMENDATION PAID LEAVE
34.1. A department director, upon approval by the City Manager, or designee, may grant up to
forty (40) hours of paid leave to any employee whose job performance is of such exemplary or
heroic nature as to warrant this special consideration. This Article shall not be subject to the
grievance procedure or arbitration.
Tentative Agreement — D '(.2 City:
SCME 1907:
City's Proposed Article 33
Union's Proposed Article 35
PARKING
33.1 The City agrees to provide non -assigned parking space for all bargaining unit members
who drive their personal automobiles to work. This parking space will be at no cost to the
employee while the bargaining unit member is on duty. The City will not assume the cost of
parking for those bargaining unit members who may not desire to use the parking space provided
by the City. Any questions with regard to bargaining unit member parking shall be reviewed and
a determination made by the Department of Employee Relations designee and shall be final and
binding.
33.2 The Union President will meet and confer with the Department of Employee Relations
designee on parking concerns should the need arise and the Department of Employee Relations
designee will attempt to resolve said concerns consistent with budgetary constraints.
Tentative Agreement - Date: C( 16) City:
AFSCME 1907:
ARTICLE 36
BLOOD DONORS
36.1. Employees who volunteer as blood donors to contribute to on -site City supported Blood
Donor Organizations as approved by the Department of Employee Relations designee will be
authorized the paid absence necessary to accomplish this purpose. The Blood Donor
Organization's personnel will determine what amount of time the donor will need from the point
of donation till they are released to go back to work.
Tentative Agreement — Date: 24// 0 City: 1.1(
AFSCME 1907: eet
ARTICLE 37
VACATION
37.1 Vacations shall be taken by the last payroll period of the calendar year in which
the vacation was credited. Effective upon ratification of the labor agreement, employees shall be
allowed to carryover two hundred (200) hours of the previous year's credited vacation. Any
excess vacation over the two hundred (200) hours allowed carryover shall be forfeited after
January 1st, and no exceptions to the maximum carryover allowance shall be permitted absent
the express written approval of the City Manager. Bargaining unit members with unused
accrued vacation hours in excess of two hundred (200) hours as of September 30, 2010, shall
have those hours in excess of two hundred (200) grandfathered. and those employees with
grandfathered hours over two hundred (200) hours shall be allowed to carryover up to a
maximum of those hours from year to year. 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.
37.2 Effective January 1, 1987, the maximum accrual ef vacation shall be one
hundred and sixty (160) hours, provided however, bargaining unit employees with ten (10) years
of service but less than fifteen (15) years shall be allowed to accrue one hundred and eighty
be allowed to continue the accrual of vacation in accordance with Civil Service Rules and
Tentative Agreement — Date:/ City:
1907:
Regulations (Ordinance No. 8977). The-c-r-ed-i-tin-g-af-vaeatien-leave-sh-al-l-en4-be-al-l-ewed-upen
the completion of the required years of actual continuous service. Vacation shall be accrued in
accordance with the following chart:
Years of Service Hours Accrued
1 - 5 years 94 hours
6 - 10 years 114 hours
11 - 15 years 134 hours
16 - 20+ years 174 hours
37.3 An employee's annual vacation accrual shall be reduced for leaves of absence
without pay and suspensions. The employee's annual vacation accrual shall be reduced on a
yearly basis in accordance with the following schedule:
Hours Without Pay Penalty
88 - 176 Hours 1 month annual vacation accrual
177 349 Hours 2 months annual vacation accrual
350 - 522 Hours 3 months annual vacation accrual
523 695 Hours 4 months annual vacation accrual
696 - 868 Hours 5 months annual vacation accrual
869 - 1041 Hours 6 months annual vacation accrual
1042 - 1214 Hours 7 months annual vacation accrual
1215 - 1387 Hours 8 months annual vacation accrual
1388 - 1560 Hours 9 months annual vacation accrual
1561 - 1733 Hours 10 months annual vacation accrual
1734 - 1906 Hours 11 months annual vacation accrual
1907 - 2080 Hours 12 months annual vacation accrual
37.4 Vacation leave must be requested twenty-four (24) hours in advance of use and
shall be taken in increments of not less than one (1) hour. Vacation leave may be granted by the
Department Director or designee on an emergency basis. Should such request be denied, the
employee may only appeal such denial to the City Manager or the Director of Employee
Relations or designee. Upon an employee's retirement or separation from City service, the
Tentative Agreement - Date:
City:
1907:
employee will' be paid for those vacation hours credited and earned through the employee's
separation date.
37.5 Vacation shall be calculated on actual service in the previous calendar year and
shall only be taken after the completion of six (6) months of actual continuous service.
Tentative Agreement — Date:
City:
1907:
City's Proposed Article 34
Union's Proposed Article 38
SECURITY OPERATIONS
34.1 The City and the Union and its officers, agents and members recognize there are
assignments within the Miami Police Department where security of information is an absolute
necessity. Therefore, the Chief of Police at his sole discretion may reject a bargaining unit
member to such assignment within the Miami Police Department when the Chief has reason to
believe that there is potential for the Security of the Department to be compromised.
34.2 Upon request of the Union President, the Department of Employee Relations designee
will review such denial of assignment. Said review will be final and the decision of the
Department of Employee Relations designee will be binding and not subject to any appeal
procedure.
Tentative Agreement - Date: 61 City:.
AFSCME 1907:
ARTICLE 39
SICK LEAVE
39.1. The parties agree that care and discretion shall be exercised by management and the
Union in order to prevent the abuse of sick leave privileges. Absences for trivial reasons must be
discouraged. To determine the extent or reasons for a bargaining unit employee's absence on
sick leave, the bargaining unit employee's immediate supervisor or a management designee may
visit the home of the bargaining unit employee on sick leave with pay. In cases where
management suspects that bargaining unit employee is malingering, sick leave with pay shall not
be granted.
39.2. Peimanent bargaining unit employees may accrue eight (8) hours sick leave per month,
provided that the employee is in pay status at least one hundred twenty (120) hours per month to
be utilized in not less than one (1) hour increments.
39.3. New hires will accrue sick leave in accordance with Section 39.2. However, no sick
leave with pay shall be granted during the employee's first ninety (90) days of employment.
39.4. In order To receive sick leave with pay, a bargaining, unit employee must take steps to
notify his/her imrnediate supervisor or the person designated by the Department to receive such
notice of illness at least thirty (30) minutes before their regularly scheduled the scheduled
starting time of his/her shift, excluding the Fire and Police Departments wherein departmental
rules will apply. It shall be the bargaining unit employee's responsibility to notify the
Department designee each day the bargaining unit employee will be out ill within the time
frames outlined above.
39.5. All employees covered by this Agreement may be allowed to use accrued sick leave
when needed due to the serious injury or acute illness of any actual dependent member of the
Tentative Agreement— Date:
AFSCME 1907:
employee's household. Said dependent member of the employee's household shall be limited to
the employee's immediate family. The immediate family shall be defmed as father, mother,
sister, brother, husband, wife, children, father-in-law, mother-in-law, grandparents, spouse's
grandparents, stepfather and/or stepmother.
39.6. In those instances where an employee has utilized all their sick leave, they will be
allowed to utilize vacation and/or compensatory leave for this purpose. Employees will be
required to provide a doctor's excuse in these instances.
39.7. Any employee absent on sick leave for more than three (3) consecutive work days must
report to the Department of Employee Relations and obtain approval before returning to work.
The Department of Employee Relations will have the City contract physician prepare a list of
those medical illnesses or injury that will require the employee to be sent to the City doctor's
office prior to being cleared to return to work. Those medical conditions which are minor in
nature and not on the prescribed City Doctor's list will only require the employee to report to the
Employee Relations Department for clearance to report to work.
39.8. Bargaining unit employees who exercise normal retirement shall receive a cash payment
equal to one hundred percent (100%) of their unused accumulated sick leave up to seven hundred
and fifty (750) hours. Bargaining unit members with accumulated sick leave balances over seven
hundred and fifty (750) hours as of September 30, 2010. will have their balances in excess of
seven hundred and fifty (750) hours grandfathered. Upon exercising normal retirement
bargaining unit members shall be paid for fifty percent (50%) of those unused grandfathered sick
leave hours in excess of seven hundred and fifty (750) hours in their bank. Employees covered
by this Agreement who exercise normal retirement, shall be paid for one hundred percent (100%)
Tentative Agreement — Date:
AFSCME 1907:
r r
hundred -percent 0) and fifty percent 0
) of accumulated ick 1ea e abo\ e seven hundred
fifty (750) hours. In the event of the death -ef an employee ?tile would have otherwisebeen
. his/her accumulated sick leave in accordance with this section.
The City arid the Union will continue to negotiate on a plan whereby retiring employees
Health Insurance Bank will also be explored.
39.9. Employees who terminate employment with the City under honorable conditions shall
receive a sick leave cash payout as follows:
More than 7, but less than 15 years of service 25% up to 750 hours. or up to a maximum
of their unused grandfathered sick leave
hours in excess of seven hundred and fifty
(750) hours
More than 15 years of service
50% up to 750 hours, or up to a maximum
of their unused grandfathered sick leave
hours in excess of seven hundred and fifty
(750) hours
39.10. Employees who are terminated shall not receive compensation for unused sick leave upon
separation of service or retirement.
Tentative Agreement — Date:
City:
AFSCME 1907:
39.11 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. Bargainine 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. Emp1oyee who accumulate sick
leave credits in excess of three hundred (300) hours in accordance with this Article shall as of
Lpon separation of service employees shall net havc
their vacation leave banlc.
39.12 Payoff for accumulated sick leave shall not be used to calculate average earnings for
pension purposes.
39.13 Employees with ten (10) or more years of service who are laid off under honorable
conditions ten (10) or more years of service may repurchase sick leave for which they were paid
off at the time of separation, subject to the following conditions:
1) They are rehired within twelve (12) months of their last day worked.
2) They remit to the City an amount equal to their rehire hourly rate times
the number of hours of sick leave for which they were previously paid
off. This buy back option must be exercised and paid for within 30
days of the date the employee returns to work.
Tentative Agreement— Date:
AFSCME 1907:
E
3) If the buyback option is properly exercised, the City will credit the
employee with the balance of sick leave hours credited to his account as
of the date he was laid off.
39.14 In recognition of those employees who display perfect attendance in any one calendar
year, the City will present the employee with a certificate of appreciation. There will be an
annual drawing of fifty (50) employees by an individual selected by the Director of Employee
Relations or designee and the Union President from the pool of eligible employees with perfect
attendance. Each of the fifty (50) employees whose name is drawn shall receive a one hundred
($100) dollar cash prize. In order to qualify for perfect attendance recognition, the employee
must not have utilized any sick leave, nor been on disability, nor have been in any without pay
status during the year.
Tentative Agreement — Da
AF5CME 1907:
ARTICLE 40
TARDINESS
40.1. Tardiness is reporting for work in excess of five (5) minutes beyond the scheduled
starting time of the shift (or as provided in Police or Fire Department rules). Approved pre-
arranged time off shall not be considered an instance. Unexcused absences resulting in tardiness
shall be counted as an "instance." When an employee reports to work within a period that is
more than five (5) minutes after his/her scheduled starting time, and provides an excuse that is
acceptable in the sole discretion of Management, which shall not be arbitrarily or capriciously
applied, the employee may elect to utilize vacation, compensatory time or sick leave. Election of
vacation, compensatory time or sick leave for an excused tardiness shall be taken in fifteen (15)
minute increments. An annual period shall be defined as a twelve (12) month period beginning
with the occurrence of the employee's first tardiness instance.
Management may, in its discretion, allow an employee to utilize vacation, compensatory
time or sick leave for a tardiness even if the tardiness is unexcused.
40.2. Employees shall be disciplined for instances of tardiness in an annual period in
accordance with the following schedule:
Number of Tardy Instances Discipline
3rd instance in annual period Written warning
6th instance in annual period Written reprimand
10111 instance in annual period Three (3) day suspension
11 th instance in annual period Fourteen (14) day
suspension
12th instance in annual period Dismissal
Disciplines issued pursuant to the schedule shall not be considered for purposes of
progressive discipline after the annual period expires.
Tentative Agreement — Date:7/2-git 0 City: AFSCME 1907:
40.3. Tardiness appeals shall only be appealable through the Grievance Procedure Article as set
forth in the Agreement. Exceptions to the above schedules may be granted by the Director of
Employee Relations or designee, if the individual circumstances warrant such action.
Tentative Agreement — Date:701(0 City: e./(•>ti AFSCME 1907: efe2e---5.
ARTICLE 41
FAMILY LEAVE AND LEAVE WITHOUT PAY
41.1. Bargaining unit employees may request a leave without pay in accordance with the
Family and Medical Leave Act of 1993. Such leave is provided under the law for birth, adoption
or foster care of a child, and for a serious health condition of the employee or the employee's
spouse, child, parent or grandparent, eligible deployment/return from deployment rights or any
other FMLA eligible event. Effective upon ratification of the labor agreement, employees taking
leave under the Family and Medical Leave Act (FMLA) shall be limited to a ninety (90) day
FMLA leave. An extension of an additional ninety (90) day of leave without pay may be granted
upon request to the Director of Employee Relations or designee as specified under Section 41.3.
Upon approval of such extension, the employee will be required to pay the full premium amount
for health insurance coverage.
41.2. Upon approval of the Department Director, with the approval of the City
Manager or the Director of Employee Relations or designee, a leave without pay may be granted,
for the purpose of training or study calculated to improve the quality of the employee's service to
the City through course work directly related to the employee's job for up to six (6) months. The
request for leave without pay may be extended for an additional six (6) months upon the
approval of the Department Director and approval of the City Manager or the Director of
Employee Relations or designee.
Any bargaining unit employee requesting said leave of absence shall be required to
submit evidence of registration upon entering each quarter/semester of school.
41.3. Upon approval of the Department Director, with the approval of the City
Tentative Agreement — Date: 7/2-/// 0 City: .Z.54," AFSCME 1907:
Manager or the Director of Employee Relations or designee, a leave without pay may be granted,
for an acceptable reason other than specified herein, for a period not to exceed ninety (90) day
calendar days. Approval for said leave of absence without pay is at the sole discretion of the City
Manager or the Director of Employee Relations or designee and shall not be appealable to the
Civil Service Board or the grievance procedure.
41.4. Bargaining unit employees who desire to take a leave without pay for any reason
specified in this Article, excluding a serious health condition, must exhaust their vacation and
leave banks prior to taking a leave without pay. A request for leave without pay for a serious
health condition as provided under the Family and Medical Leave Act shall require the
bargaining unit employee to use all sick and vacation banks prior to taking such leave. The usage
of such leave time will not prohibit the employee from taking leave without pay as specified
herein.
41.5. Bargaining unit employees who take a leave without pay for any reasons specified in this
Article shall not accrue leave tirne. 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.
41.6. The acceptance of another position or engaging in other employment by the bargaining
unit employee while on a leave of absence without pay shall be deemed a voluntary resignation
from the service of the City of Miami.
Tentative Agreement - Date7/2-/ b City: 7e/f AFSCME 1907:
ARTICLE 42
LABOR/MANAGEMENT PARTNERSHIP COMMITTEES
42.1. A Departmental Labor/Management Partnership Committee may be established in each
department of the City of Miami. Said Committee membership shall include representatives
from classified support staff (MIC), unclassified staff, executives and the AFSCME bargaining
unit dues and non -dues paying members.
42.2. The Departmental Labor/Management Partnership Committee may meet at least once a
month, and such meetings shall be scheduled during normal business hours. The purpose of
these meetings will be to discuss quality of work -life, productivity, service, communication and
objectives of mutual concern, not involving matters which have been or are the subject of
collective bargaining between the parties. It is understood that these Departmental
Labor/Management Partnership Committee meetings shall not be used to renegotiate the labor
agreement between the City and AFSCME. All decisions made by the Departmental
Labor/Management Partnership Committee shall be by affirmative consensus.
42.3. The Departmental Labor/Management Partnership Committee meetings shall be conducted
on a semiformal basis with the selection of a chairperson to be determined by the members of the
Committee. Length of participation of Committee members shall be determined by the
Departmental Labor/Management Partnership Committee. The chairperson shall arrange for
minutes to be taken of each meeting and for the distribution of copies to each member of the
Committee, the Union President, and the City's Employee Relations Director or designee.
Tentative Agreement — Date:7-24.--i° City: 7,4'. AFSCME 1907:
ARTICLE 43
BEREAVEMENT — DEATH IN FAMILY
43.1. Any employee covered by this Agreement may, in the case of death in the immediate
family, be authorized up to a maximum of forty (40) hours of paid leave to attend to funeral or
estate related functions of a member of the employee's immediate family, or is at home in a state
of bereavement. Said paid leave days shall be taken consecutively by the employee excluding
noiiiial days off and holidays. The immediate family is defined as father, mother, sister, brother,
husband, wife, domestic partner, children, father-in-law, mother-in-law, grandparents, spouse's
grandparents, grandchildren, stepchildren, stepfather and/or stepmother if they have raised the
employee from infan-cy regardless of place of , and may include any other person who
was or has been an actual member of the employee's household for ten (10) or more years.
Within thirty (30) calendar days from the date the employee retums from a death in the family,
the employee will file a copy of the death certificate of the deceased family member. Said death
certificate will be attached to the form provided by the City and submitted to the Employee
Relations Department. Failure to produce the death certificate will result in the employee
reimbursing the City for any days taken under this Article. Any employee found to have falsified
his application for death in the family ("K" day) will be dismissed.
43.2. It is understood that under certain circumstances the employee will be unable to obtain a
death certificate. In this event, in lieu of a death certificate, the employee shall submit a
newspaper account showing the death and relationship of the deceased to the employee and/or
other appropriate criteria as deemed appropriate by the Department of Employee Relations
designee.
Tentative Agreement — Date:7-2/-10 City:-Te4".)G1 AFSCME 1907: erg.,
ARTICLE 44
MILITARY LEAVE
44.1. The City shall abide by the current provisions of the Florida Statutes, Sections 115 and
250 as they relate to all bargaining unit employees who are either reserve officers or enlisted
personnel in the Florida Defense Force, the National Guard, Naval Militia, Marine Corps, U.S.
Army Reserve, U.S. Naval Reserve, U.S. Marine Corps Reserve, U.S. Coast Guard Reserve,
U.S. Air Force Reserve or officers or enlisted personnel in any other class of the militia entitling
the employee to leave of absence from their respective duties without loss of pay, time,
efficiency rating or Civil Service seniority credits on all days during which they shall be engaged
in field or Coast Guard defense exercises or other training ordered under the provisions of the
U.S. Military or Naval Training regulations or under the provisions of the Florida Defense Force
or the National Guard; provided that leaves of absence granted as a matter of legal right under
the provisions of this section shall not exceed seventeen (17) days in any one calendar year
unless other local, state or Federal laws which may be applicable grant additional time.
44.2. Requests for military leave shall be made to the Department of Employee Relations
designee as early as possible but at east two (2) weeks prior to the date such leave commences
with proper orders attached.
44.3. Employees who take the military leave provided in this section shall be credited with that
time on their seniority status, in the City of Miami Civil Service Records -Department of
Employee Relations.
Tentative Agreement — Date: 7-2-?—/O City: AFSCME 1907:
ARTICLE 45
HOLIDAYS
45.1 The following days shall be considered holidays:
New Year's Day Columbus Day
President's Day Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
Dr. Martin Luther King's Birthday
For the contract year October 1, 2011, through September 30, 2012 the parties agree to
the suspension of the following three (3) holidays: President's Day, Columbus Day, and
Veterans' Day. The parties agree that the provision of holiday pay as provided for in this Article
shall not apply to the suspended holidays for the contract year, and that employees shall not be
eligible to use vacation, sick or compensatory leave on the aforementioned suspended holidays.
45.2 Any additional holidays declared by official directive of the City Manager shall be added
to the above list.
45.3 Employees performing work on any of the above holidays shall be paid eight (8) hours
holiday pay plus actual hours worked at time and one-half of their straight time hourly rate
pursuant to Article 27, or shall be given scheduled compensatory time off at the straight time rate
of time and one-half for the hours actually worked on the holiday.
45.4 All conditions and qualifications outlined in Article 27, titled "Overtime/Compensatory
Time", shall apply to this Article. Hours of compensatory time accumulated under this Article,
City's Pro os 1 9/12/2011
Date: 2 City: Union:
when added to the compensatory time earned under the Article entitled "Overtime/Compensatory
Time", shall not exceed one hundred (100) hours.
45.5 To be eligible for holiday pay, an employee must work a full shift or be in a paid leave
status on the scheduled workdays which immediately precede and follow the holiday. If an
employee works at least seven (7) hours of his/her regular shift, the employee will either be
charged one (1) hour from either his/her compensatory time or vacation leave bank, or carried in
without pay status at the sole discretion -of the supervisor. An employee who works at least
seven (7) hours as described in this section shall be eligible for holiday pay.
City's Pro os 9 2/2011
Date: City:
Union:
461 The parties agr
ARTICLE 46
he proNisions of the City's Vehicular Loss Control
5 5
employees.
Tentative Agreement — Date:7—,24?—/C) City: AFSCME 1907: C"--0--
ARTICLE 47
RESIDENCY
47.1. It is agreed by the parties that while residency is not a condition of employment a
candidate that is otherwise equally qualified will be given, at time of hire, preference for
employment in order of domicile as follows: (1) City of Miami resident, (2) Miami -Dade County
resident, (3) resident outside of Miami -Dade County.
Tentative Agreement — Date: 7�2.///0 City:=�AFSCME 1907: e
ARTICLE 48
TOTAL AGREEMENT
48.1. This Agreement, upon ratification, constitutes the complete and entire agreement between
the parties, and concludes collective bargaining for its term.
48.2. The parties acknowledge that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement.
48.3. The parties agree that this Collective Bargaining Agreement represents the total agreement
for terms and conditions of employment during the life of this contract and no request shall be
made to increase wage or other employee benefits through the Civil Service Board, City
Manager or the City Commission during the life of this Collective Bargaining Contract.
Tentative Agreement — Dater/6.0/6 City: AFSCME 1907:
ARTICLE 49
SAVINGS CLAUSE
49.1. In the event any article, section or portion of this Agreement should be held invalid and
unenforceable by any court of competent jurisdiction, such decision shall apply only to the
specific article, section or portion thereof specified in the Court's decision, and that portion of
this Agreement in conflict shall be null and void but the remainder of the Agreement shall
remain in full force and effect, with it being presumed that the intent of the parties was to enter
into the Agreement without such invalid portion or portions.
49.2. The City's representatives as defined in Article 2 and the Union's representatives as
defined in Article 3 shall promptly meet to negotiate a substitute for the invalidated article,
section or portion thereof as might be deterrnined in accordance with Section 49.1 of this Article.
49.3. Notwithstanding any other provisions of this Agreement, the employer may take all
actions necessary to comply with the Americans with Disabilities Act.
Tentative Agreement - Date:7-2-k-/0 City: 400 AFSCME 1907: el
ARTICLE 50
SENIORITY
50.1. For purposes of this article, seniority shall, be defined as the most recent date of hire into
a classification within the bargaining unit with the City unless otherwise agreed upon by the
Union President and the Director of Employee Relations or designee.
50.2. Seniority shall only be applied in the assignment of days off in units with two (2) or more
shifts. Seniority shall not be a prevailing factor for assignment or promotion to a unit, section or
division within a department.
50.3. Exceptions to the use of seniority as specified in 50.2 may occur in an emergency
situation, when physician ordered, for training purposes, when language skills are needed,
compliance with the Americans -with Disabilities Act, when special knowledge or skills are
needed as mutually agreed upon by the City and the Union, or when mutually agreed by the
affected employees and management through the labor/management process.
50.4. Once every October shift assignments and days off will be re -bid by seniority.
Tentative Agreement — Date
City:
AFSCME 1907:
ARTICLE 51
LEAVE BALANCE PAYOFFS
51.1. Employees electing to retire and upon separation will receive payment of leave balances
upon retirement as currently specified under this agreement.
Tentative Agreement — Date7-2-r—/ a City: AFSCME 1907:
ARTICLE 52
PENSION
The parties agree that for the term of this agreement the pension benefits and employee
contributions of employees covered by this agreement shall be as provided in the City of Miami
General Employees' and Sanitation Employees' Retirement Trust, Section 40-241 through 40-
290, Miami City Code ("GESE"), as amended.
City's Proposal 9/7/2011
Tentative Agreement — Date: Vab City:
AFSCME 1907:
ARTICLE 53
TERM OF AGREEMENT
53.1 After a majority vote of those bargaining unit employees voting on the question
of ratification and thereafter upon its ratification by an official resolution of the City Commission
ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of
the City, then, the Agreement, upon being signed by the appropriate Union representatives and
the City Manager, shall become effective October 1, 2-047 2011 or as set out below, whichever
date is later. The Agreement shall continue in force and effect until 11:59 p.m., September 30,
2010 2012.
53.2 On or before April 1, 2010 February 1, 2012, the Union shall notify the City in
writing of its intention to renegotiate the Agreement in force, and attached thereto shall include a
list of proposals which shall inform the City of the items which they desire to negotiate, together
with specific language embodying and describing their proposals. The changes indicated in the
proposals shall be designated with a strike through of deleted language and new language will be
underlined.
53.3 On or before May 1, 2010 March 1, 2012, the City shall present the Union with
a list of proposals it desires to negotiate. The changes indicated in the proposals shall be
designated with a strike through of deleted language and new language will be underlined.
53.4 Initial discussions shall thereafter, and no later than June 1, 2010 April 1. 2012,
be entered into by the City and the Union.
53.5 During the term of this Agreement, October 1, 2011 through September 2012,
the City shall not reduce wages or benefits contained herein.
City's Proposal 9/12/2011
Tentative Agreement — Date:
City:
AFSCME 1907: