HomeMy WebLinkAboutExhibitCity's Proposal 9/21/2012
AGREEMENT
THIS AGREEMENT is entered into this of 2012 2011,7
between 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."
on 3-1 E.)4111191-
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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 Human Resources or a person or
persons designated in writing to the Union by the City Manager. The City
Manager, the Labor Relations/Deputy Director of Human Resources Employcc
Rclation3 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 Human Resources Employcc Rclationa 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 lst. Said designation shall be accompanied
by an affidavit executed by said President that the Union has complied with all
requirements of State law in effect at that time with respect to registration of the
Union.
3.2 The President of the Union, or the person designated by said
President, shall have full authority to conclude an agreement on behalf of the Union
subject to ratification. It is understood that the Union representative is the official
representative of the Union for the purpose of negotiating with the City.
Negotiations entered into with persons other than those as defined herein,
regardless of their position or association with the Union, shall be deemed
unauthorized and shall have no weight of authority in committing or in any way
obligating the Union.
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It shall be the responsibility of the Union to notify the City Manager or Labor
Relations/Deputy Director of Human Resources Employee Relations in writing of
any changes in the designation of the President of the Union or of any certified
representative of the Union.
3.3 The Union may be represented at negotiation sessions by not more
than four (4) designated employee representatives. The four (4) employee
representatives may be permitted to attend negotiation sessions on duty with no
loss of pay or emoluments except that if one of the four (4) employee representatives
is the Union President on full-time release in accordance with the terms of Article 8,
Attendance at Meetings/Union Time Pool, then only three (3) employees may be
released from duty with no loss of pay or emoluments. If two (2) of the four (4)
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 nt included with the labor agreement
will be considered null and void.
The rights of the City, through its management officials, shall include,
but shall not be limited to, the right to determine the organization of City
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Government; to determine the purpose of each of its constituent departments; to
exercise control and discretion over the organization and efficiency of operations of
the City; to set standards for service to be offered to the public; to direct the
employees, including the right to assign work and overtime; to hire, examine,
classify, promote, train, transfer, assign, and schedule employees; to suspend,
demote, discharge, or take other disciplinary action against employees for proper
cause; to increase, reduce, change, modify or alter the composition and size of the
work force, including the right to relieve employees from duties because of lack of
work or funds; to determine the location, methods, means, and personnel by which
operations are to be conducted, including the right to determine whether goods or
services are to be made or purchased; to establish, modify, combine or abolish
positions; to change or eliminate existing methods of operation, equipment or
facilities-; and to establish rules, regulations and rules of conduct.
4.2 The City has the sole authority to determine the purpose and mission
of the City, to prepare and submit budgets to be adopted by the City Commission.
This shall not prohibit the Union from expressing its views to the legislative body at
the public budget hearing.
4.3 If the City fails to exercise any one or more of the above functions
from time to time, this will not be deemed a waiver of the City's right to exercise
any or all of such functions.
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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 abstinence in whole or in
part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
5.2 Neither the Union nor any of its officers, agents, and members, nor
any Union members, covered by this Agreement, will instigate, promote, sponsor,
engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted
stoppage of work, picketing in furtherance of any of those actsi, 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
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obligation and responsibility to maintain compliance with this Article and the law,
including their responsibility to abide by the provisions of this Article and the law
by remaining at work during any interruption which may be initiated by others;
and their responsibility, in event of breach of this Article or the law by other
employees and upon the request of the City, to encourage and direct bargaining unit
member violating this Article or the law to return to work, and to disavow the strike
p ublicly.
5.4 Any or all employees who violate any provision of the law prohibiting
strikes or of this Article may be dismissed or otherwise disciplined by the City, and
any such action by the City shall be appealable to the Civil Service Board.
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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, 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
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 member, except the Union
President, or a designee, when on full-time release, who is
authorized to use time from the Union time pool, the
President shall fill out the appropriate form as provided for
by the City. This form shall be signed by the Union
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President and forwarded to the Department Director a
minimum of seven (7) calendar days prior to the time the
employee union representative desires such leave. A copy
shall also be forwarded to the Director of Human Resources
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 Human Resources Employee Relations or
designee as to why the seven (7) day rule was not met.
C. Bargaining unit members shall be released from duty only if
the needs of the service permit, but such release shall not be
unreasonably denied. If because of the needs of the service a
bargaining unit member cannot be released at the time
desired, the Union may request an alternate bargaining unit
member be released from duty during the desired time.
D. In reporting a bargaining unit member's absence as a result
of utilizing the Union Time Pool, the daily attendance record
shall reflect:
"Bargaining Unit Member Doe on AL" (Authorized Leave)
E. Any injury_ received or any accident incurred by a bargaining
unit member whose time is being paid for by the Union time
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F.
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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 Human Resources
Employee Rclationc or designee, the President of the Union,
and the two (2) designees will be released for the term of this
Agreement from hisfher 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 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.
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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.
8.3 All applicable rules, regulations and orders shall apply to any
bargaining unit employees on time pool release. Violations of the above -mentioned
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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
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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.
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 board space which shall be used only
for the following notices:
A. Recreation and special affairs of the Union
B. Union Meetings
C. Union Elections
D. Reports on Union Committees (including the Union Political
Action Committee)
12.2 Notices or announcements shall not contain anything political or
reflecting adversely on the City or any of its officials or employees; notices or
announcements which violate the provisions of this section shall not be posted. This
shall not preclude endorsements for the Civil Service Board or the Pension Board.
Notices or announcements posted must be dated and must bear the signature of the
Union President or 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 term of this Agreement, the City agrees to deduct Union
membership dues and uniform assessments, if any, in an amount established by the
Union and certified in writing by an accredited Union officer to the City from the
pay of those employees in the bargaining unit who individually make such request
on a written checkoff authorization form provided by the City. Such deduction will
be made by the City when other payroll deductions are made and will begin with
the pay for the first full pay period following receipt of the authorization by the
City. The Union shall advise the City of any uniform assessment or increase in
dues in writing at least thirty (30) days prior to its effective date.
13.2 This Article applies only to the deduction of membership dues and
uniform assessments, if any, and shall not apply to the collection of any fines,
penalties, or special assessments.
13.3 Deductions of dues and uniform assessments, if any, shall be remitted
by the City during the week following each biweekly pay period to a duly authorized
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.
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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 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.
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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 non -
identification of specific violations of the Agreement shall be denied and not eligible
to advance through the steps of the Grievance Procedure, including arbitration.
14.3 Nothing in this Article or elsewhere in this Agreement shall be
construed to 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.
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14.4 It is further agreed by the Union that employees covered by this
Agreement shall make an exclusive election of remedy prior to filing a 2nd Step
Grievance or initiating action for redress in any other forum. Such choice of remedy
will be made in writing on the form to be supplied by the City.
The Election of Remedy form will indicate whether the aggrieved party or
parties wish to utilize the Grievance Procedure contained in this Agreement or
process the grievance, appeal or administrative action before a governmental board,
agency or court proceeding. Selection of redress other than through the Grievance
Procedure contained herein shall preclude the aggrieved party or parties from
utilizing said Grievance Procedure for adjustment of said grievance. An employee
as a condition of relying upon this contractual provision or any other Article of this
Agreement in a grievance proceeding expressly waives any further statutory,
constitutional or common law right to sue upon any similar claim.
14.5 The number of "working days" in presenting a grievance and
receiving a reply from the different levels of supervision shall be based upon a forty
(40) hour, five (5) day work week, Monday through Friday, not including City-wide
holidays. Any grievance not processed in accordance with the time limits provided
below, shall be considered conclusively abandoned. Any grievance not answered by
Management within the time limits provided will automatically advance to the next
higher step of the Grievance Procedure. Time limits can only be extended by
mutual agreement of the Union and Department Director or the Director of Human
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Resources 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 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
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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 Human Resources Employee Rclation ; or designee
and the Union President or grieving employees.
Step 2.
If the grievance has not been satisfactorily resolved at Step 1, the employee
or the Union representative may pursue the grievance by completing the Election of
Remedy form provided for in Section 14.4 of this Article before initiating the
grievance to the second step of the Grievance Procedure. If the aggrieved party or
parties elect the remedy other than the Grievance Procedure (Civil Service)
contained herein, the grievance shall be withdrawn and conclusively abandoned.
When the Election of Remedy form indicates the grievance is to be advanced
through the Grievance Procedure, the employee or the Union Representative shall
reduce the grievance to writing on the standard form provided for this purpose and
presenting such written grievance to the Department Director concerned within five
(5) working days from the time the supervisor has given his/her oral response to
Step 1. The Department Director or designee and Management personnel
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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 Human
Resources Employcc Relations or designee within seven (7) working days from the
time the Step 2 response was due in Step 2. The Director of Human Resources
Employcc Rclationo 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
Tentative Agreement: City 1 Date d7I2. Ul Union fLt4 Date LZ
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City's Proposal 9/21/2012
and the Union shall alternately strike a name from the panel until one remains.
The party requesting arbitration shall strike the first name; the other party shall
then strike one name.
14.9 The arbitration shall be conducted under the rules set forth in this
Agreement and not under the rules of the American Arbitration Association.
Subject to the following, the arbitrator shall have jurisdiction and authority to
decide a grievance as defined in this Agreement. The arbitrator shall have no
authority to change, amend, add to, subtract from or otherwise alter or supplement
this Agreement or any part thereof or any amendment thereto. The arbitrator shall
have no authority to consider or rule upon any matter which is stated in this
Agreement not to be subject to arbitration or which is not a grievance as defined in
this Agreement, or which is not specifically covered by this Agreement; nor shall
this Collective Bargaining Agreement be construed by an arbitrator to supersede
applicable laws in existence at the time of signing this Agreement.
14.10 The arbitrator may not issue declaratory or advisory opinions and
shall confine himself/herself exclusively to the question which is presented to him,
which question must be actual and existing.
14.11 The fee and expenses of the arbitrator shall be paid by the party
which loses the appeal to arbitration. Each party shall fully bear its own costs
regarding witnesses and representation. Should any individual bargaining unit
member bring a grievance under this Article on hisiher own, he/she shall be
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required to post a bond of an estimated one-half (1/2) of the expenses of the hearing
with the arbitrator before the hearing may be scheduled.
14.12 Copies of the award of the arbitration made in accordance with the
jurisdiction or authority under this Agreement shall be furnished to both parties
within thirty (30) days of the hearing and shall be final and binding on both parties.
14.13 Consistent with Chapter 447.401, the Union shall not be required to
process grievances or be liable for any expenses for employees covered by this
Agreement who are not members of the Union. Where non-members or any
employee covered by the Agreement elects not to be represented by the Union,
written responses shall be given to the employee and to the Union.
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.
Tentative Agreement: City
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Union
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City's Proposal 9/21/2012
ARTICLE 15
EMPLOYEES' BILL OF RIGHTS
15.1 When an employee has reasonable grounds to conclude that his/her
participation in an investigatory interview will result in his receipt of disciplinary
action, the employee may request that a Union representative be present at the
interview. The employee's representative shall confine his/her role in the interview
to advising the employee of his/her rights and assisting in clarification of the facts.
Upon request, the City will make a reasonable effort to contact the employee's
choice of representative, and shall give the representative sufficient time to get to
the interview location, but shall not be obligated to delay the interview for more
than 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 of
polygraphs.
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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
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City's Proposal 9/21/2012
contained in this Agreement.
16.4 The process of an appeal to the Civil Service Board or a grievance
under this Agreement, shall be an exclusive election of remedy by the employee and
shall be a waiver of all other forums of review and due process to which the
employee may otherwise be entitled.
16.5 Entrance probationary employees who were appointed to a position
but who did not complete the required probationary period may be discharged or
demoted any time prior to the expiration of the probationary period. The employee
shall not be accorded a hearing before the Civil Service Board or access to the
grievance procedure contained herein. A probationary employee who is in
probationary status due to a promotion shall be returned to a former classification
in which the employee held permanent status. If an employee who is in
probationary status due to a promotion is rolled back, he or she may appeal the
decision to the Director of Human Resources 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.
Tentative Agreement: City
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39
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.
Unexcused failure to return to work after expiration of a
formal leave of absence. An employee who fails to return from
v-J in I fornial leave of absence will be considered as having
resigned. Said resignation shall only be reviewed, if
applicable, by the City Manager or the Director of Employee
Relations or designee.
6. Retirement.
7. Layoff for a continuous period of eighteen (18) months.
17.2 For purposes of Rule 14, any loss of employment due to a department
restructuring, department reorganizing, downsizing or abolishment of a position
shall be treated the same as a "layoff'.
Permanent employees subject to layoff shall be demoted or transferred to
those classes in which the employee held previous status, consistent with Civil
Service Rules and Regulations not withstanding Article 24, Section 24.1, Wages.
If the employee has ten (10) years of full-time consecutive classified
service with the City and has never held permanent status in another position, the
employee may be demoted or transferred by management in accordance with
his/her seniority to another position in the bargaining unit that is as close to the
employee's present class and wage level as possible and which he/she is able to
perform and qualified to fill. The employee must make a written request for such
demotion or transfer within three (3) working days after notification of layoff.
Such request shall be made to the Director of Employee Relations or designee.
Management shall have the right o determine such person's ability and
cazitiv 4i8
- - :qualifi-catio -s-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 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.
City's Proposal 9/21/2012
ARTICLE 18
EMPLOYEE EVALUATION
18.1 Permanent full-time classified employees covered by this Agreement
will be evaluated utilizing the appropriate evaluation forms as approved by the
Human Resources 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 time frame provided (6 to 12 months), unless the Department Director
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City's Proposal 9/21/2012
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 Human Resources
Employee Relationor designee.
18.4 Unsatisfactory rating of permanent full-time classified employees not
serving in a promotional appointment shall cause the employee to appear before the
Civil Service Board to show cause why he/she should not be removed, suspended, or
reduced in grade. Should an employee covered by this section feel the
unsatisfactory rating was incorrect, he may grieve the rating consistent with the
Grievance Procedure. However, any grievance concerning the employee's
unsatisfactory evaluation will be consolidated -with any discipline appeal should the
employee be removed, suspended or reduced in grade because of the unsatisfactory
evaluation.
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44
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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 Human Resources Employee RelationG.
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.
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Union
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I /
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A Department Director may withhold anniversary increases due to excessive
absenteeism. resulting from tardiness, sick leave usage and/or until such time as, in
the Department Director's judgment, the employee's service within the
classification meets the standards of satisfactory performance for the position.
Employees whose anniversary increases are delayed or denied shall be notified of
the reasons for the action being taken.
Employees whose anniversary increases are delayed or denied due
solely to tardiness or sick leave usage may request a review of the denial by the
Director of Human Resources Employee Relation; or designee, whose decision shall
be final and binding.
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46
Union
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City's Proposal 9/21/2012
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 will be granted a one-
step increase or the rate for the first step of the higher classification, whichever is
greater, for all time worked out of classification in excess of thirty (30) consecutive
calendar days. If the employee is assigned working out of classification in a job
basis position, the employee will be granted compensation as provided for in this
section, however, the employee is not entitled to overtime. Employees performing
work lower than their current classification are not entitled to working out of
classification pay.
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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 form as provided by the City. Upon notification
of an employee placed on acting assignment, the Human Resources Employco
RclationG 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 employees' work schedules shall provide for a fifteen minute rest
period during each four (4) hour work period.
22.2 Employees who do not take a rest period due to work conditions or by
personal choice may not lengthen lunch periods, cover an employee's late arrival or
early departure, nor may it be regarded as cumulative if it is not taken.
22.3 Employee lunch periods are not compensated by the City and
therefore may not cover an employee's rest period, late arrival or early departure.
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�12112 Union Date
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City's Proposal 9/21/2012
ARTICLE 23
LINE OF DUTY INJURIES
23.1 Workers' Compensation Medical and Indemnity Benefits. To the
extent required by, and subject to the limitations specified in, Chapter 440, Florida
Statutes, the City will provide workers' compensation indemnity benefits to any
bargaining unit member who sustains a compensable line of duty injury or illness
as provided by the Workers' Compensation Law of the State of Florida.
23.2 Supplemental Salary
23.2(a) Any bargaining unit member who is disabled as a result of an
accident, injury or illness covered by Chapter 440, Florida Statutes, will be granted
supplementary salary, subject to the terms and conditions set forth below.
Supplemental salary will be Paid in the form of a continuation of the bargaining
unit member's regular paycheck as provided by Resolution No. 39802. This check
will include those indemnity payments provided for under the Workers'
Compensation Law.
23.2(b) Full-time Civil Service employees who have permanent status with
the City as of September 30, 1981 shall receive supplementary pay which, when
added to the workers' compensation benefits shall not exceed 100% of the
employee's weekly pay prior to the line of duty injury, accident, or occupational
disease for the period of entitlement to full supplementary pay.
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All other employees and Civil Service employees hired subsequent to September 30,
1981, shall be eligible for supplementary pay and workers' compensation pay to the
extent that the total of such benefits shall not exceed eighty (80) percent of the
employee's weekly pay prior to the line of duty injury, accident, or occupational
disease. This benefit shall take effect only after the employee has been disabled for
a period in excess of seven (7) calendar days.
23.2(c) Unless extended as provided below, supplementary salary will be
granted for a period not to exceed 150 consecutive days from the date of covered
accident, injury or illness. Such supplementary salary may be extended up to an
additionally 60 consecutive days upon approval of the City Manager or his designee.
The 150 days begin when the bargaining unit member is actually placed on "D". If
the bargaining unit member is removed from "D," the non "D" time will not apply to
the 150 days period.
23.2(d) If an employee remains temporarily disabled beyond the period of
time in which he is entitled to collect supplementary pay benefits, he/she shall be
entitled to 2/3 "D" pay for the additional period of his/her temporary disability
pursuant to current practices.
23.2(e) If an employee becomes permanently and totally incapacitated from
the further performance of the duties of his/her classified position he/she shall
petition the retirement board for retirement.
Tentative Agreement: City
it)
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City's Proposal 9/21/2012
The 2/3 "D" pay as described above7 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:
In the event a bargaining unit member receives supplementary salary
as referenced in this Article, the City will make payroll deductions under the
following terms and conditions:
Deductions required by law, "mandatory deductions," including, but not
limited to, social security, withholding and Medicare, will be made automatically to
the supplemental salary portion only.
All non -mandatory deductions including, but not limited to, a bargaining unit
member's pension contribution', medical, life and other insurance contributions,
and all other non -mandatory and voluntary deductions will be made by the City on
the bargaining unit member's behalf only to the extent that sufficient funds are
The amount of the pension contribution shall be based on "earnable compensation" as defined by Miami Code
Section 40-191.
Tentative AEreement: City
Date Union
Date
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City's Proposal 9/21/2012
then available. The City will not make any non -mandatory and voluntary
deductions if the combined workers' compensation benefits and supplementary
salary are insufficient to cover the amount of the deduction(s). If there are not
sufficient funds available, the bargaining unit member will be responsible for
making payments for the non -mandatory and voluntary deductions directly to those
providers and creditors who would have otherwise been paid through the City's
payroll deduction process.
The parties agree that this process is intended to provide the employee with
these paychecks without interruption of payroll and payroll deductions on a bi-
weekly basis. Should the employee notify the City by contacting Risk Management
that he/she does not want a combination of Workers' Compensation indemnity pay
included with the supplemental wage for the purposes of making regular
deductions, the Workers' Compensation check will be distributed separately
through the third party administrator and the City will only pay the supplemental
wage minus federally mandated deductions. i.e. withholding, social security and
Medicare. All other non -mandatory deductions, including pension, medical, life and
other insurance contributions and all other non -mandatory and voluntary
deductions will not be made and the bargaining unit member will be responsible for
making all payments directly to those providers and creditors who would have
otherwise been paid through the City's payroll deduction process.
Tentative Agreement: City
Datel(74 j% Union
54
Date % / /�
City's Proposal 9/21/2012
For any reason, should any calculations or deductions made based on the
above protocols result in the employee owing money to the City, Risk Management
will audit the employee's payroll process immediately upon the discovery of monies
owed to determine why such arrearages occurred. The findings will be immediately
brought to the attention of the employee and a resolution will be proffered and
arrangements will be made to rectify monies owed.
No supplementary pay will be paid to any bargaining unit employee whom is
injured or becomes ill while performing an act intended to injure or hurt one's self
or another.
23.4 Any condition or impairment of health suffered by employees in the
classification of Identification Technician and Property Specialist caused by
Acquired Immunity Deficiency Syndrome (AIDS), Hepatitis, Pulmonary
Tuberculosis, or Meningococcal Meningitis shall be presumed to have been
accidental and to have been suffered in the line of duty unless the contrary be
shown by satisfactory evidence. Employees either currently in the classification or
promoted or hired into the classification of Identification Technician and Property
Specialist who refuses to take a medical examination and all of its components
relating to the presumptions within this article, shall not be entitled to the
presumption outlined in this section and Florida Statutes 112.18.
The presumption in favor of employees referred to in this section shall not
apply to any other contagious diseases which may be contracted by employees.
Tentative Agreement: City
Date Union
55
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City's Proposal 9/21/2012
Furthermore, the presumption shall only be applicable to worker's compensation
and disability pension benefit determinations. Nothing in this section shall be
construed as a waiver of the City's rights under applicable state law.
23.5 Nothing in this Article shall be construed as a waiver of the City's rights
under applicable State law.
Tentative Agreement City
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City's Proposal 9/21/2012
ARTICLE 24
WAGES
24.1 Wages will be maintained at the level in existence on September 30,
2012 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 term of this agreement
2011-2012 year.
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
Aettri 144„„j_ i description. In such cases, the temporary employee shall be displaced.
ot 3-‘1,0-c. 30
3 +ta_ 1.1mievi
',Effective October 1, 1998, bargaining unit employees hired on or after
fe- 6"
October
644; de_ 11 4D
,afriletie
r4e4i-ficol w
(4c4fizst.fry
oti Lf.etw
2.A13-241q.
fru /
1, 1998 may be laid off in accordance with Civil Service Rules and
Regulations andJor applicable City policies.
24.2 All changes in salary for reasons of promotion, demotion, or working
out of class, 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.
Tentative Agreement: City
Date 2, Union
Date 11-14
City's Proposal 9/21/2012
24.3 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.
24.4 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
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
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City's Proposal 9/21/2012
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.
24.5 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.
24.6 Any bargaining unit employee, upon normal retirement from City
service, or separating under honorable conditions, who has served for a period of
twenty-five (25) years or more, shall be granted, at the time of his normal
retirement or honorable separation one hundred seventy-three and three tenths
(173.3) hours of pay.
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City's Proposal 9/21/2012
24.7 24 Hour Take Home Vehicles
Bargaining unit employees who arc assigned a 24-Hour Takc home Vehicle
and who reside within the city limits of the City of Miami shall rcimbursc thc City
$50 a month for the benefit of assigned 24-Hour Take Home Vehicle; bargaining
Broward County shall reimburse thc City $150 a month for thc benefit of the
assigned 24-Hour Takc Home Vehicle; and bargaining unit employees who reside in
who are not assigned 24-Hour Takc Home Vehicle will not receive any additional
Tentative Agreement: City
Date tj7^I f2 Union
Date (iz r / Z-
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City's Proposal 9/21/2012
ARTICLE 25
PAY SUPPLEMENTS
25.1 Employees shall receive no additional pay supplements except as are
specifically provided by this Agreement. Any pay supplements/tool allowance
provided by this Agreement shall not be used in calculating average earnings for
pension purposes or included in a bargaining unit member's base rate of pay for
purposes of payoff of sick leave or vacation upon separation or retirement from the
City.
25.2 Only those employees holding permanent status within the
occupation of Heavy Equipment Mechanic and who are permanently assigned to the
Fire Garage shall receive a seven and one half percent (7 'A%) pay supplement
added to their base rate of pay should they be continually assigned to on -call
rotation. Said pay supplement shall be deemed to fully satisfy any on -call pay
obligation which might be construed to exist under the Fair Labor Standards Act.
25.3 Those employees within the occupation of 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
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City may discontinue this plus item and assign said duties to the person or persons
holding said Communications Operator Trainer classification.
25.4 All Police Communications Operators, Communications Operator
Supervisors and Communications Assistants assigned to Police Communications
shall receive a five percent (5%) pay supplement if the employee holds and
maintains the Quality Assurance Proficiency (QAP) rating in accordance with Police
Standards after a period of three (3) months.
25.5 All Fire Communications Operators, Communications Operator
Supervisors and the Communications Center Supervisor assigned to Fire
Communications shall receive a five percent (5%) pay supplement if the employee
holds the National Academy of Emergency Medical Dispatcher (NAEMD)
certification in accordance with the Fire Department standards.
25.6 All employees specified above shall receive the QAP or NAEMD pay
upon ratification of the contract as set out above. Should any employee specified
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
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receive both QAP and NAEMD pay supplements as specified herein at the same
time.
25.7 Fire Garage Mechanics and Supervisors who obtain Emergency
Vehicle Technicians certificates, shall receive a one percent (1%) pay supplement for
every two (2) licenses that mechanics and supervisors obtain and maintain, up to a
maximum of five percent (5%) for holding a minimum of ten (10) approved licenses.
All Department of General Services Administration fleet employees and
supervisors who obtain Automotive Service Excellence (ASE) certification, shall
receive a one percent (1%) pay supplement for every two (2) licenses obtained and
maintained, up to a maximum of five percent (5%) for holding a minimum of ten
(10) of the following licenses:
Automobile Series
Al: Engine Repair
A2: Automotive Transmission Transaxle
A3: Manual Drive Train and Axles
A4: Suspension and Steering
A5: Brakes
A6: Electrical/Electronic Systems
A7: Heating and Air Conditioning
A8: Engine Performance
Medium/Heavy Truck Series
Ti: Gasoline Engines
T2: Diesel Engines
T3: Drive Train
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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: MedlHvy Vehicle Electronic Diesel Engine Diagnosis Specialist
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ARTICLE 26
SALARY BASIS/EXEMPT
26.1 Those classifications listed in Appendix A with a_salary basis/exempt
designation are considered salaried employees and exempt from coverage under the
Fair Labor Standards Act which precludes eligibility for overtime.
26.2 Salary basis/exempt employees are expected to work a pay rate equal
to eighty (80) hours per pay period plus any additional time over and above the
normal eighty (80) hour pay period that is needed to properly perform the duties of
the position. Use of vacation and sick leave are to be properly recorded when used.
Personal Time Off (PTO) shall be granted consistent with Administrative Policy 1-
06. Time worked in excess of the normal eighty (80) hour pay period shall not be
compensated nor credited in any way. However, when time is taken off under this
provision, it is required that such time taken be recorded as PTO.
26.3 Requests for time off by salary/exempt employees shall be considered
on an individual basis consistent with the needs of the City and the performance
record of the employee, and approval shall not be unreasonably withheld.
26.4 PTO leave shall not be utilized in units of more than one (1) week
unless authorized by the City Manager.
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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 at their regular hourly rate
of pay or shall be given scheduled compensatory time off at the rate of time and one-
half for such work. Compensatory time off shall be taken in not less than fifteen
(15) minute increments. This overtime rate shall be all inclusive and no additional
overtime pay shall be paid to those employees working a holiday.
27.3 The maximum accumulation of compensatory time hours is one
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
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pay or the average regular rate of pay during the last three (3) years of
employment.
27.4 Employees covered by this Agreement who are appointed to job
basis/exempt classifications and who have compensatory time banked, shall at time
of such appointment be paid for all compensatory time at their rate of pay prior to
such appointment.
27.5 Overtime will be distributed as equally as practical to the best ability
of the Supervisor in charge among the employees within a division of the City, who
have completed their probationary period, by shift and classifications, according to
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.
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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 Human Resources Employee Relation° or designee and the
Union President will work out a method of correcting such inequity.
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ARTICLE 28
GROUP INSURANCE
Current4premium costs shall remain status quo until January 1,
eiupo
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,) shall be immediately
updated to reflect descriptions of the current benefit. Plan design and all plan
benefits shall be those outlined within the updated version of the employees
benefits handbook and shall not be changed without mutual agreement of the City
and the Union. The updated and finalized SPD shall be provided to the City's Plan
Administrator (TPA) and the TPA will administer the Plan benefits in accordance
with the definitions and other language agreed to and contained in the SPD.
Life and Accidental Death and. Dismemberment (AD&D)
The City agrees to pay $8.08 per all eligible bargaining unit member
per pay period to the union to provide life insurance coverage in the amount of
$35,000.00 and AD&D coverage in the amount of $70,000. The Union, has secured
a multi -year rate guarantee from the provider, Mutual of Omaha. The Union
agrees to continue to secure life insurance and accidental death and
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dismemberment coverage for all the eligible bargaining unit members throughout
the term of this contract and agrees to provide policy and rate documentation to the
City at the City's request.
Medical/Vision:
The City currently offers medical, dental and vision benefit plans
through a self -funded plan in which all bargaining unit members, upon obtaining
eligibility, may enroll, to wit:
Medical/Vision Cigna Network
Dual Choice/POS Cigna Network
Dental DHMO Solstice
EAP Cigna Health Care
.It is agreed between the parties that as of January 1, 2013 2012, the
City's medical plan will consist of a four tier program:
Single coverage
Single coverage + spouse
Single Coverage + children
Single coverage + Family (spouse and children)
It is agreed that medical premium rates for all tiers may be adjusted
annually upon the City's calculation of the premium for medical benefits.
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Premium rates will be calculated by a certified actuary based on the City's
eligibility list and experience and the information will be provided to the Union, in
order to validate any increase or decrease in theoretical premium.
As of January 1, 2013 2012,-(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 Years 2013 and 2014 2012: Dual Choice/Pas (Cost of coverage shown bi-
weekly)
Single $40.55
Single + spouse $89.21
Single + Children $75.01
Family $115.56
Plan Years 2013 and 2014 2-014' Point of Service Plan
Co -Pays:
Primary Care Physician: Reduce Increase from $30.00 $25.00
(currently) to $25.00 $30.00 per visit
Specialists from within Cigna Ciro Network Increase from $10.00
(currently) to $50.00 per visit
Specialists from within POS Network but outsidc of Cigna Care
Network: Inoreas Reduce from $75.00 $40.00 (currently) to $40.00
$75.00 per visit
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As there are frequent and rapid changes in health care costs, it is
understood and agreed between the parties that any changes in contribution
amounts will be made based on the annual calculation of theoretical premium. It is
agreed that should actual operating claims and administrative costs, and reserve
costs increase at a rate higher than the projections used to establish the employee
contributions above (projection used is 10% increase in total premium each year),
then those employee contributions shall be adjusted to reflect the increase and shall
be effective at the beginning of the Health Plan Year. Likewise, should the
theoretical premium cost decrease more than the projections used to establish the
employee contributions stated above, those employee contributions will be lowered
to reflect the overall theoretical premium decrease. In any given plan year,
projections used to establish any increase in contributions from the employee shall
be capped at 15%.
Prescription Drug Coverage
The City currently offers a prescription drug benefit plan for those
bargaining unit members enrolled in POS plans. It is a self -funded plan
administered by Cigna Health Care and consists of the current benefit:
Cigna Pharmacy Retail Drug Plan;
Tentative Agreement: City
$15 per 30 day supply for generic drugs
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$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. injectables drugs used to treat
rheumatoid arthritis, hepatitis C, multiple sclerosis,
asthma).
Cigna Tel Drug Mail Order Drug Program:
$0 (no charge) per 90 day supply for generic drugs
$80 per 90 day supply for preferred brand name drugs
$120 per 90 day supply for non -preferred brand name
drugs
50% of drug cost per 90 day supply for self administered
Injectables (e.g. injectables drugs used to treat
rheumatoid arthritis, hepatitis C, multiple sclerosis,
asthma).
Since prescription drug costs are a major component of the health plan
and are subject to significant annual cost increases, the City and the Union agree to
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evaluate and measure pharmacy benefit total costs and evaluate best practice
strategies to manage the pharmacy benefit.
Any changes in the pharmacy benefit shall be mutually agreed to by the City and
the Union.
Dental:
Dental premium rates may be adjusted annually upon the City
receiving notice from the dental providers. Employees will be notified of the
adjustments in the dental rates during open enrollment. In accordance with
current practice, when employees choose to be covered under the City's dental plan,
the employee will continue to pay the dental premium.
Employee contributions: In accordance with the City's Cafeteria Plan
group heath premiums will be paid by the bargaining unit employee with pre-tax
dollars.
Health Committee
It is agreed that a standing committee will be created called the Health
Insurance Committee. It shall be made up of six (6) City of Miami Employees, one
member appointed by the IAFF, one member appointed by AFSCME, Local 1907,
one member appointed by AFSCME, Local 871, two members appointed by the City
Manager and one picked by mutual agreement of the Unions and City Manager.
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The Group Benefits Coordinator shall serve as a technical advisor to the committee,
but will not be a member nor have a vote.
Based on this commitment and in collaboration with labor and
management, this Committee will work during the term of this contract to identify
ways to strengthen and improve our health plan. This will include, but is not
limited to:
Obtain timely, accurate, and transparent reporting, with full disclosure,
of all costs from our vendors.
Identify plan vendor administrative improvements and efficiencies that
can have a significant impact on reducing health expenditures and to ensure that
our health plan vendors are delivering maximum administrative savings.
Educate employees on better understanding and use of their health
plan.
Identify the impact of health improvement and disease management
initiatives to decrease overall medical and drug costs.
Identify members who would benefit from health improvement
initiatives and institute programs to improve member's health.
Evaluate and measure our pharmacy benefit total costs and fully assess
the costs from our pharmacy benefit manager (PBM) vendor.
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Identify proven strategies to more effectively provide prescription
benefits, and obtain vendor (PBM) administrative savings to successfully manage
this important benefit.
Make recommendations to the City Manager to reduce health
expenditures while maintaining a quality health plan at an affordable cost and
which improves the health of employees and dependents.
Review employee complaints and remedy situations concerning claims
so long as the decision does not change or impact current benefits. This is intended
to reduce the need for the grievance procedure; however, the bargaining unit
member does not waive his/her right to file a grievance should the committee's
remedy is not satisfactory to the employee.
Review and update the Summary Plan Description (currently titled
City of Miami Life and Health Benefits).
Any and all other health care and wellness issues identified by the
Committee as promoting initiatives to improve the health of employees and
dependents while maintaining a quality health plan.
The Committee shall meet monthly or as soon a practicable to
commence initiatives outlined above.
Insurance Deductions by Payroll
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28.3 The City shall continue to make available to the Union a payroll
deduction slot to purchase local Union sponsored insurance programs.
Upon receipt of appropriate authorization from employees, the City
will make the designated deductions and forward monies to the Union. The City
shall deduct from that remittance an amount for the cost of these deductions. The
amount will be calculated at two cents (20) for each employee deduction, each
payroll period, and ten cents (100) for each addition, deletion, or modification to the
individual deduction. The Union shall indemnify and hold the City, its officers,
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.
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ARTICLE 29
UNIFORMS AND SAFETY SHOES
29.1 In those classifications where the employer requires that the
employee wear safety shoes, the City shall, effective the first full pay period
following ratification of the labor agreement, issue allowance in the amount of
$75.00 for the purchase of an initial pair of safety shoes.
29.2 When, due to wear and tear or accidental job destruction, a
replacement pair of shoes is required, the City will grant up to an additional $75.00
for the purchase of another pair of safety shoes.
This additional $75.00 shall only be provided when the worn out or
damaged pair of shoes is turned into the Department. The Department Director, or
designee, shall determine when, in their judgment, a pair of safety shoes shall be
issued on the basis of need and not on an automatic basis. Management reserves
the right to provide safety shoes directly to the employee in lieu of the approval
provisions.
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29.3 Employees in those classifications required to wear safety shoes shall
be subject to the loss of a day's pay for each day that the employee reports to work
not wearing the required safety shoes. Action under this section shall not be
grievable under the Grievance Procedure or appealable to the Civil Service Board.
If a medical waiver is obtained stating that the employee is unable to wear safety
shoes, then the penalty stated above is not applicable.
29.4 Safety shoes shall not be worn by the employee when the employee is
off duty.
29.5 Employees shall be advised of shoe models which conform to City
standards. The shoe allowance authorized by this Article shall only be paid where
an employee purchases a pair of safety shoes whose quality is certified as acceptable
by Management.
29.6 City furnished equipment where required by the employer will be
replaced when worn out or damaged only if the employee returns the worn out or
damaged equipment to the Department. This includes, but is not limited to, gloves,
boots, inclement weather gear and other equipment. A bargaining unit employee
shall reimburse the City for the repair or current replacement cost of lost, stolen, or
damaged City equipment when the employee's carelessness and/or negligence
results in the loss, theft, or damage of the equipment.
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29.7 Mechanics covered under this contract shall be provided with safety
eyewear. Those bargaining unit members requiring prescription safety eyewear
due to their inability of wearing regular safety eyewear will be provided
prescription safety eyewear. The bargaining unit member is responsible for
obtaining the prescription at no cost to the City.
ARTICLE 30
TOOL ALLOWANCE
30.1 The City agrees to pay a quarterly tool allowance for Automotive
Mechanic, Heavy Equipment Mechanics and Auto Body Worker/Painter in the
amount of eighty-five ($85.00) dollars quarterly. Such tool allowance will be paid to
the employee within the first fifteen (15) days after the close of the quarter.
30.2 Mechanics' tools, which are stolen due to vandalism or forced entry
upon the employer's property, will be replaced upon proof of a police report and an
itemized list of the tools stolen.
30.3 The Department Director or his designee shall have the sole right to
develop or redevelop a basic minimum tool list which employees must have to be
hired in the various tradesclassifications. 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
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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.
30.4 The Department Director, or his designee, shall provide a required
minimum list of tools for Automobile Mechanic & Motorcycle Mechanic, Heavy
Equipment Mechanic, Maintenance Mechanic, Auto Body & Painter, Welder,
Machinist, Mason, Carpenter, Electrician, Lineman, Plumber, Painter, A.C.
Mechanic, Sign Painter, Communication Technician, or any other classification not
listed that the Department Director may feel is necessary to add.
30.5 The affected employees within the above -listed classifications shall
submit an inventory of all their personal tools, make and model to their immediate
supervisor outside the bargaining unit who will verify the list. The employee will
maintain a copy and a copy will be filed in the Division Office. This list shall be
periodically checked and updated. The City shall replace broken, stolen, and worn
out tools upon request and confirmation that the broken, stolen, or worn out tool
was on the recorded inventory. This replacement policy does not apply to the
classifications receiving the eighty-five ($85.00) dollars quarterly tool allowance.
Submission of the inventory list of tools in excess of the basic minimum tool list
shall be completed within sixty (60) days after ratification of this Agreement.
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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
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Department of Human Resources Employee Rclationv designee. Course work taken
under provisions of this Article must be directly related to the employee's job duties.
Class attendance will be on the employee's own time unless otherwise noted in the
course announcement and authorized by the City Manager or the Department of
Human Resources Employcc Rclationa designee.
31.4 Effective upon ratification reimbursement will be limited to books,
lab fees, and tuition costs up to a maximum of $ ) Q4) per cafendar year.
31.5 To be eligible for reimbursement, the employee must successfully
complete the course work and provide evidence of successful completion to the City.
Successful completion must be evidenced by a grade of "C" or better.
31.6 Procedures for reimbursement will be as follows:
A. The employee must obtain three (3) copies of the Application
for Tuition Reimbursement form for each course from their
department or the Human Resources Employcc Rclationo
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 Human
Tentative Agreement: City
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is not approved, it is then returned to the employee by the
Department Director.
D. The Human Resources Employee RelationDepartment 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 Director
will advise the Human Resources
satisfactory completion of the course.
Tentative Agreement: City
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ARTICLE 32
CALL BACK PAY
32.1 Any bargaining unit member eligible for overtime shall, if recalled to
duty during off -duty hours, receive a minimum of three (3) hours phis one (1) hour
travel time, paid at the overtime rate. The parties agree that call-back hours shall
not be used in the computation of arriving at average earnings for purposes of
establishing pension benefits.
32.2 It is not the intent of this Article or any other Article of this
Agreement to provide pay for a bargaining unit member out on ill time or workers
compensation to receive call-back pay, overtime pay or straight time pay for taking
the required physical before said employee may be released to return to work.
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ARTICLE 33
JURY DUTY/COURT APPEARANCE
33.1 Employees serving on jury duty shall be carried "JD" (Jury Duty) for
actual working time lost when called to serve on jury duty. Such employees shall be
paid at their regular hourly rate for all working time lost up to forty (40) hours per
week. Employees who work a regular shift between the hours of 11:00 p.m. and
7:00 a.m. and who are summoned to jury duty the day preceding their regular shift,
shall be carried on leave of absence with pay for their regular shift. All employees
released early from jury duty shall report back to work during their regular work
schedule or shall forfeit the City compensation for Jury Duty for all hours they are
absent.
33.2 In consideration of receiving their regular pay, employees called to
serve on Jury Duty shall promptly notify their supervisor of the call to Jury Duty.
The supervisor shall make a copy of the summons to Jury Duty and forward said
copy with the payroll sheets for the week in which the employee is on Jury Duty.
Employees who serve as jurors for Federal Court shall have deducted
from their paycheck a jury duty fee equal to that compensation paid to the employee
by the Federal Court in his/her jurisdiction per day in the payroll period following
the week in which the employee was on Jury Duty.
Employees who serve as jurors for State and County Court shall not
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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.
Where Courts provide free parking for jurists, employees will not be
reimbursed for any parking receipts submitted while attending such courts.
33.3 Attendance in court in response to legal order or subpoena to appear
and testify in private litigation not in connection with an employee's official duty,
but rather as an individual, shall be taken as vacation, compensatory leave, or leave
of absence without pay.
33.4 When requests for appearances before the Civil Service Board require
witnesses, the Civil Service Office shall require that said requests delineate who are
character witnesses and who are witnesses testifying as to the incident at hand.
Should the number of character witnesses exceed two (2) then a statement from
those additional character witnesses shall be submitted to the Civil Service Board
stipulating to the character of the employee on appeal before the Civil Service
Board.
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ARTICLE 34
COMMENDATION PAID LEAVE
34.1 A department director, upon approval by the City Manager, or his
designee, may grant up to forty (40) hours of paid leave to any employee whose job
performance is of such exemplary or heroic nature as to warrant this special
consideration. This Article shall not be subject to the grievance procedure or
arbitration.
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ARTICLE 35
PARKING
35.1 The City agrees to provide non -assigned parking space for all
bargaining unit employees who drive their personal automobiles to work. This
parking space will be ef at no cost to the employee while the employee is on duty.
The City will not assume the cost of parking for those employees who may not
desire to use the parking space provided by the City. Any questions with regard to
employee parking shall be reviewed and a determination made by the Department
of Human Resources Employee Relations designee and shall be final and binding.
35.2 The Union President will meet and confer with the Department of
Human Resources Employee Relations designee on parking concerns should the
need arise and the Department of Human Resources Employco Rclationo designee
will attempt to resolve said concerns consistent with budgetary constraints.
Tentative Aareement: City
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ARTICLE 36
BLOOD DONORS
36.1 Employees who volunteer as blood donors to contribute to on -site City
supported Blood Donor Organizations as approved by the Department of Human
Resources Employee Relation° 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: City
Union
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/ A
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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 Pt 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
vacations 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.
Tentative Agreement: City
Date //It Union
Date
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City's Proposal 9/21/2012
37.2 Vacation shall be accrued in accordance with the following chart:
Years of Services
1 - 5 years
6 - 10 years
11 - 15 years
16 - 20+ years
Hours Accrue
94 hours
114 hours
134 hours
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
88 thru 176 Hours
177 thru 349 Hours
350 thru 522 Hours
523 thru 695 Hours
696 thru 868 Hours
869 thru 1041 Hours
1042 thru 1214 Hours
1215 thru 1387 Hours
1388 thru 1560 Hours
Tentative Agreement: City
Penalty
1 month annual vacation accrual
2 months annual vacation accrual
3 months annual vacation accrual
4 months annual vacation accrual
5 months annual vacation accrual
6 months annual vacation accrual
7 months annual vacation accrual
8 months annual vacation accrual
9 months annual vacation accrual
Date 712 1 v Union
Date
92
1561 thru 1733 Hours
1734 thru 1906 Hours
1907 thru 2080 Hours
City's Proposal 9/21/2012
10 months annual vacation accrual
11 months annual vacation accrual
12 months annual vacation accrual
37.4 Vacation leave must be requested twenty-four (24) hours in advance
of use and shall be taken in increments of not less than one (1) hour. Vacation leave
may be granted by the Department Director or designee on an emergency basis.
Should such request be denied, the employee may only appeal such denial to the
Director of Human Resources Employee Relation; or designee. Upon an employee's
retirement or separation from City service, the employee will be paid for those
vacation hours credited and earned through the employee's separation d ate.
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: City
Date /(211L Union
Date 9-
93
City's Proposal 9/21/2012
ARTICLE 38
SECURITY OPERATIONS
38.1 The City and the Union and its officers, agents and members
recognize there are assignments within the Miami Police Department where
security of information is an absolute necessity. Therefore, the Chief of Police at his
sole discretion may reject an employee to such assignment within the Miami Police
Department when the Chief has reason to believe that there is potential for the
Security of the Department to be compromised.
38.2 Upon request of the Union President, the Department of Human
Resources Employcc RclationG designee will review such denial of assignment. Said
review will be final and the decision of the Department of Human Resources
Employcc Relations designee will be binding and not subject to any appeal
proce dure.
Tentative Agreement: City Date 7(2412/ Union
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City's Proposal 9/21/2012
ARTICLE 39
SICK LEAVE
39.1 The parties agree that care and discretion shall be exercised by
Management and the Union in order to prevent the abuse of sick leave privileges.
Absences on account of trivial indispositions must be discouraged. To determine the
extent or reasons for an employee's absence on sick leave, the employee's immediate
supervisor outside the bargaining unit or management designee may visit the home
of the employee on sick leave with pay. In cases where Management suspects that
an employee is malingering, sick leave with pay shall not be granted.
39.2 Permanent bargaining unit employees may accrue eight (8) hours
sick leave per month, provided that the employee is in pay status at least one
hundred twenty (120) hours per month to be utilized in not less than one (1) hour
increments.
39.3 New hires will accrue sick leave in accordance with 39.2. However,
no sick leave with pay shall be granted during the employee's first ninety (90)
working days.
39.4 To receive sick leave with pay, a bargaining unit employee must take
steps to notify his/her immediate supervisor or the person designated by the
Department to receive such notice of illness within thirty (30) minutes of their
regularly scheduled time for work, excluding the Fire and Police Departments
Tentative AEreement: City
Date 1121I Z Union
Date 41-1 1— /2.
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City's Proposal 9/21/2012
wherein departmental rules will apply. It shall be the bargaining unit employee's
responsibility to notify the Department designee each day the employee will be out
ill within the time frames outlined above.
39.5 All employees covered by this Agreement may be allowed to use
accrued sick leave when needed due to the serious injury or acute illness of any
actual dependent member of the employee's household. Said dependent member of
the employee's household shall be limited to the employee's immediate family. The
immediate family shall be defined as father, mother, sister, brother, husband, wife,
children, father-in-law, mother-in-law, grandparents, spouse's grandparents,
stepfather and/or stepmother.
39.6 In those instances where an employee has utilized all their sick leave,
they will be allowed to utilize vacation and/or compensatory leave for this purpose.
Employees will be required to provide a doctor's excuse in these instances.
39.7 Any employee absent on sick leave for more than three (3)
consecutive work days must report to the Department of Human Resources
Employcc Relations and obtain approval before returning to work. The Department
of Human Resources Employcc 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
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Doctor's list will only require the employee to report to the Human Resources
Employee RelationDepartment 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 (50%) of those unused grandfathered sick leave
hours in excess of seven hundred and fifty (750) hours in their bank.
39.9 Employees who terminate employment with the City under honorable
conditions shall receive a sick leave cash payout as follows:
More than 7, but less than 15 years of service
More 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.
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: City J7 Date fZIJ le Union
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City's Proposal 9/21/2012
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. Bargaining unit members with
unused accumulated sick leave hours in excess of maximum carryover at the end of
the year shall be paid for one hundred percent (100%) of the unused portion of their
accumulated sick leave in excess of the maximum carryover.
39.12 Payoff for accumulated sick leave shall not be used to calculate
average earnings for pension purposes.
39.13 Employees with ten (10) or more years of service who are laid off
under honorable conditions 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
Tentative AEreement: City
Date
Union
Date
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City's Proposal 9/21/2012
were previously paid off. This buy back option must be
exercised and paid for within 30 days of the date the employee
returns to work.
3) If the buy back option is properly exercised, the City will
credit the employee with the balance of sick leave hours
credited to his account as of the date he was laid off.
39.14 In recognition of those employees who display perfect attendance in
any one calendar year, the City will present the employee with a certificate of
appreciation. There will be an annual drawing of fifty (50) employees by an
individual selected by the Director of Human Resources 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: City
Date 1t2LI 1, Union
Date g-
99
City's Proposal 9/21/2012
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
3rd instance in annual period
6th instance in annual period
10th instance in annual period
llth instance in annual period
Discipline
Written warning
Written reprimand
Three (3) day suspension
Fourteen (14) day
Suspension
Tentative Agreement: City Date 2- Union
100
Date
City's Proposal 9/21/2012
12th instance in annual period Dismissal
Disciplines issued pursuant to the schedule shall not be considered for
purposes ofprogressive discipline after the annual period expires.
40.3 Tardiness appeals shall only be appealable through the Grievance
Procedure Article as set forth in the Agreement. Exceptions to the above schedules
may be granted by the Director of Human Resources Employee Relations or
designee, if the individual circumstances warrant such action.
Tentative Agreement: City
101
Union
Date 2_ f
City's Proposal 9/21/2012
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 Human Resources Employee
Relations, or designee as specified under Section 40.3. Upon approval of such
extension, the employee will be required to pay the full premium amount for health
insurance coverage.
41.2 Upon approval of the Department Director, with the approval of the
City Manager or the Director of Human Resources 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 anadditional six (6) months upon the approval of
Tentative Agreement: City Date
Date 9— 2 -
/i.
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City's Proposal 9/2 2012
the Department Director and approval of the City Manager or the Director of
Human Resources Employcc Rclationc 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 Manager or the Director of Human Resources Employcc Rc1ation or designee,
a leave without pay may be granted, for an acceptable reason other than specified
herein, for a period not to exceed ninety (90) day calendar days. Approval for said
leave of absence without pay is at the sole discretion of the City Manager or
Director of Human Resources Employee Relations or designee and shall not be
appealable to the Civil Service Board or the grievance procedure.
41.4 Bargaining unit employees who desire to take a leave without pay for
any reason specified in this Article, excluding a serious health condition, must
exhaust their vacation and leave banks prior to taking a leave without pay. A
request for leave without pay for a serious health condition as provided under the
Family and Medical Leave Act shall require the bargaining unit employee to use all
sick and vacation banks prior to taking such leave. The usage of such leave time
will not prohibit the employee from taking leave without pay as specified herein.
41.5 Bargaining unit employees who take a leave without pay for any
reasons specified in this Article shall not accrue leave time. At the expiration of a
Tentative Agreement: City
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Date q— 1—/ 2
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City's Proposal 9/21/2012
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: City Date 1, Union
Date
104
City's Proposal 9/21/2012
ARTICLE 42
LABOR/MANAGEMENT PARTNERSHIP COMMITTEES
42.1 A Departmental Labor/Management Partnership Committee may be
established in each department of the City of Miami. Said Committee membership
shall include representatives from classified support staff (M/C), unclassified staff,
executives and the AFSCME bargaining unit dues and non -dues paying members.
42.2 The Departmental Labor/Management Partnership Committee may
meet at least once a month, and such meetings shall be scheduled during normal
business hours. The purpose of these meetings will be to discuss quality of work -
life, productivity, service, communication and objectives of mutual concern, not
involving matters which have been or are the subject of collective bargaining
between the parties. It is understood that these Departmental Labor/Management
Partnership Committee meetings shall not be used to renegotiate the labor
agreement between the City and AFSCME. All decisions made by the
Departmental Labor/Management Partnership Committee shall be by affirmative
consensus.
42.3 The Departmental Labor/Management Partnership Committee
meetings shall be conducted on a semiformal basis with the selection of a
chairperson to be determined by the members of the Committee. Length of
Tentative Agreement: City
Date 1I74fIk Union
Date /2
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City's Proposal 9/21/2012
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 Human Resources
Employee Relations Director or designee.
Tentative Agreement: City
Date
Union
Date 9
2.
106
City's Proposal 9/21/2012
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 normal 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 and may include any other person who was or has been an actual
member of the employee's household for ten (10) or more years. Within thirty (30)
calendar days from the date the employee returns from a death in the family, the
employee will file a copy of the death certificate of the deceased family member.
Said death certificate will be attached to the form provided by the City and
submitted to the Human Resources 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 Human Resources Employee RelationG or
designee,
Tentative Agreement: City
107
Date q
Citys Proposal 9/21/2012
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. Aix Force Reserve or officers
or enlisted personnel in any other class of the militia entitling the employee to leave
of absence from their respective duties without loss of pay, time, efficiency rating or
Civil Service seniority credits on all days during which they shall be engaged in
field or Coast Guard defense exercises or other training ordered under the
provisions of the U.S. Military or Naval Training regulations or under the
provisions of the Florida Defense Force or the National Guard; provided that leaves
of absence granted as a matter of legal right under the provisions of this section
shall not exceed seventeen (17) days in any one calendar year unless other local,
state or Federal laws which may be applicable grant additional time.
44.2 Requests for military leave shall be made to the Department of
Human Resources Employee Relationc, designee as early as possible but at least two
(2) weeks prior to the date such leave commences with proper orders attached.
44.3 Employees who take the military leave provided in this section shall
be credited with that time on their seniority status, in the City of Miami Civil
Service Records -Department of Human Resources Employee Relation.
Tentative Agreement: City
11,11
Date / Union
Date 94d-12.
108
City's Proposal 9/21/2012
ARTICLE 45
HOLIDAYS
45.1 The following days shall be considered holidays:
New Year's Day Columbus Day
President's Day VeteransDay
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
Dr. Martin Luther Kings Birthday
ber 30, 2012 the
Columbuc Day, and Veterans' Day The partic3 agree that the provioion of holiday
pay as provided for in t
ecndcd holiday3 for the
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,
actual hours worked at time and one-half of their straight time hourly rate, or shall
be given scheduled compensatory time off at the rate of time and one-half for the
hours actually worked on the holiday.
Tentative Agreement: Ci
Date
109
Union
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City's Proposal 9/21/2012
45.4 All conditions and qualifications outlined in Article 27, titled
"Overtime/Compensatory Time", shall apply to this Article. Hours of compensatory
time accumulated under this Article, when added to the compensatory time earned
under the Article entitled "Overtime/Compensatory Time", shall not exceed one
hundred (100) hours.
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.
Tentative liereement: City
110
Union
Tentative Agreement: City
ARTICLE 46
Date
Union
Date
City's Proposal 9/21/2012
111
City's Proposal 9/21/2012
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 Mianii-Dade
County.
Tentative Agreement: City
Da
112
L'.
ARTICLE 48
City's Proposal 9/21/2012
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: City
Date 174112, Union
Date
113
City's Proposal 9/21/2012
ARTICLE 49
SAVINGS CLAUSE
49.1 In the event any article, section or portion of this Agreement should
be held invalid and unenforceable by any court of competent jurisdiction, such
decision shall apply only to the specific article, section or portion thereof specified in
the Court's decision, and that portion of this Agreement in conflict shall be null and
void but the remainder of the Agreement shall remain in full force and effect, with
it being presumed that the intent of the parties was to enter into the Agreement
without such invalid portion or portions.
49.2 The City's representatives as defined in Article 2 and the Union's
representatives as defined in Article 3 shall promptly meet to negotiate a substitute
for the invalidated article, section or portion thereof as might be determined in
accordance with Section 49.1 of this Article.
49.3 Not withstanding any other provisions of this Agreement, the
employer may take all actions necessary to comply with the Americans with
Disabilities Act.
Tentative Aareement: City
Date 9— 2
114
City's Proposal 9/21/2012
ARTICLE 50
SENIORITY
50.1 For purposes of this article, seniority shall be defined as the most
recent date of hire into a classification within the bargaining unit with the City
unless otherwise agreed upon by the Union President and the Director of Human
Resources or designee.
50.2 Seniority shall only be applied in the assignment of days off in units
with two (2) or more shifts. Seniority shall not be a prevailing factor for assignment
or promotion to a unit, section or division within a department.
50.3 Exceptions to the use of seniority as specified in 51.2 may occur in
an emergency situation, when physician ordered, for training purposes, when
language skills are needed, compliance with the Americans with Disabilities Act,
when special knowledge or skills are needed as mutually agreed upon by the City
and the Union, or when mutually agreed by the affected employees and
management through the labor/management process.
50.4 Once every October shift assignments and days off will be re -bid by
seniority.
Tentative Agreement: City
Da
Union
Date
115
City's Proposal 9/21/2012
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: City
Da
Date
/2
116
ARTICLE 52
PENSION
52.1 The parties agree that for the term of this agreement the pension
benefits and employee contributions of employees covered by this agreement shall
be as provided in the City of Miami General Employees' and Sanitation Employees'
Retirement Trust Section 40-241 through 40-290, Miami City Code ("GESE"), as
amended, except as follows:
52.2 The parties agree that effective October 1, 2011, the GESE
amortization periods will be revised to add 5 years to the existing
amortization periods and change periods for future amortizations as follows:
A. Plan benefit changes for active employees over 24-20 years (currently
15).
B. Plan benefit changes for retired employees over 15 years (no change).
C. Assumption changes over 25 Qyears (currently 15).
D. Experience Gains and Losses over 20 years (currently 15).
52.3 Effective September 30, 2012 or upon implenientation of this Article
if later (the ueffective date"). the following benefit chatige Will be implemented for
all current employees who have not reached normal retirement eligibility. and for
all future employees: The maximum normal retirement benefit ,shall not exceed.
$80,000 annually; provided, any employee who has an accrued benefit in excess of
Tentative Agreement: City.
Date J2- Union
$80,000 annually on the effective date shall retain that benefit, but shall not accrue
any additional benefits after that date.
52.4 BACKDROP option. A Backdrop n fit option shall be implemented on
January 1. 2013. The. Backdrop option shall replace the existing DROP program.
Employees who have not attained. normal retirement eligibility as of the effective
date or were not vested by October 1, 2010, and all employees hired on or after that
date, will be eligible for the Backdrop option, but will not be eligible for the DROP.
Anyone eligible for the -forward DROP as of January 1, 2013, -remains eligible for
the forward DROP as it presently exists and anyone eligible for the forward DROP
as of January 1, 2013 or vested prior to October 1, 2010, who chooses not to enter
the forward DROP remains eligible for the Backdrop.
(a) An eligible employee who leas the Backdrop option shall receive a monthly
benefit payable on the e uployee's actual retirement date (date of retirement and
separation from City employment) based on the benefit the employee would have
received if he/she had left City employment and retired on an earlier date after
attaining no al retirement eligibility(the "Backdrop date"), In addition, an
eligible employee who, eleOts the Backdrop option will receive a lump sum payment
equal to the accumulation of monthly retirement benefit payments be/she would
have received during the period fo owing the Backdrop date through the actual
retirement date ("Backdrop period"), plus interest at the rate of 3% per year
compounded annUally. An eligible employee may elect a miniraum Backdr_tp) period
of 1 veervear and. -maximum Backdrop period of up to seven years. An eligible employee
Tentative Agreement: City
Da
Union Date
who elects the Backdrop option muselgot the normal foof benefit or an
optional form of benefit at the time of electing the Backdrr
tion. The employee's
monthly benefit as well as the lump sum payment under the Backdrop option is
based on the form of benefit selected.
(b) Employees are eligible to elect the Backdrop. optic n after completing one year
of creditable service following the nor rial retirement, date. A Backdrop election
must be made within 10 years after becoming eligible for normal retirement. The
maximum Backdrop period is 7 years. Eligible employees v ho wish to elect the
Backdrop option must provide written aatifjcation to the City at least 8 monthe
prior to the employee's retirement date; provided a lesser notice period may be
approved by the City Manager due to special circumstances. Bargaining umt
members will be eligible to revoke their Backdrop election tone tine, but within 1
month of their election. However, if a bargaining unit employee is granted a lesser
notice period by the City Manager due to special circumstances, the employee will
not be eligible far the one-time Backdrop election, revocation. Employees are not
required to elect the Backdrop option.
(c) All or a portion of the lump sum payment under the Backdrop option may be
rolled over to an eligible retirement plan or IRA in accordance with federal law.
52.5 Effective the first full pay period following October 1, 2012,.the employee
pension contribution shall be 10%.
If the back DROP is ever terminated, for any reason, the rights of all persons
then in the DROP shall not be diminished or impaired. Additionally, if the back
Tentative A¢reement: Ci
Date
Union Date
DROP is ever terminated. all persons who are then eligible for a back DROP will
still be eligible for a 7 year back DROP. The Board of Trustees of GESE shall
develop operational rules for the implementation of this provision,
Tentative Aareement: City
Union Date
City's Proposal 9/21/2012
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, 2012 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, 2014
2012.
53.2 On or before February 1, 2014 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 March 1, 2014 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..
Tentative Agreement: City
Da
Union
/i
Date
120
9/22 !2•012. City's Proposal 9/21/2012
53.4 Initial discussions shall thereafter, and no later than April 1, 2014
2012, be entered into by the City and the Union.
53.5 During the term of this Agreement, October 1, 2012 20-14 through
September 30, 2014 2042, the City shall not reduce wages or benefits contained
herein.
Agreed to this day of , 2012 2011, by and between the
respective parties through an authorized representative or representatives of the
Union and by the City Manager.
Tentative Agreement: City Date 7, Union
Date
121