HomeMy WebLinkAboutExhibitAGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
FLORIDA PUBLIC EMPLOYEES 'COUNCIL 79,
AFSCME, AFL-CIO, LOCAL 871
October 1, 20142017 - September 30, 20172020
City's Second Revised Counter Proposals (7/20/2017)
AGREEMENT
This Agreement, entered into this /6 day of (( 2017, between the
City of Miami (hereinafter referred to as the "City") and the Florida Public Employees Council 79,
AFSCME, AFL-CIO, Local 871, (hereinafter referred to as the "Union").
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SPDN-868764429-2097797
PREAMBLE
WHEREAS, it is the intention of the parties to set forth herein the full Agreement between the
parties concerning terms and conditions of employment which are within the scope of negotiations,
NOW, THEREFORE, the parties do agree as follows:
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Article 1
RECOGNITION
1.1. The bargaining unit is as defined in the Certification issued by the Florida Public
Employees Relations Commission on November 1, 2000, (Certification No. 1304, Case No. RC-2000-032,
EL-2000-037) which includes all the classifications listed in APPENDIX A of this Agreement. Any new
classifications will be added pursuant to Chapter 447-FL. Statute.
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Article 2
REPRESENTATION OF THE CITY
2.1. The City shall be represented by the City Manager or person designated in writing. The City
Manager or designee shall have sole authority to conclude an Agreement on behalf of the City subject to
ratification by an official resolution oldie City Commission. It is understood that the City representative or
representatives are the official representatives of the City for the purpose of negotiating with the Union.
Negotiations entered into with persons other than those as defined herein, regardless of their position or
association with the City, shall be deemed unauthorized and shall have no weight or authority in committing
or in any way obligating the City. Accordingly, the Union, its officers, agents and bargaining unit members
agree to conduct all business regarding wages, hours, and terms and conditions
of employment, with the City Manager or designee.
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Article 3
REPRESENTATION OF THE UNION
3.1. The bargaining unit shall be represented by a person or persons designated in writing to the
Department of Human Resources Department by the Union President or designee. The person or persons
designated by the Union President shall have full authority to conclude an agreement on behalfofthe Union,
subject to a majority vote of those bargaining unit members voting on the question of ratification. It is
understood that the Union President or designees are the official representatives of the bargaining unit for
the purpose of negotiating with the City. Negotiations entered into with persons other than those as defined
herein, regardless of their position or association with the Union shall be deemed unauthorized and shall
have no weight or authority in committing or in any way obligating the Union or the City. The Union
President will notify the Department of Human Resources in writing ofany changes of the designated Union
representative.
3.2. For the purpose of meeting with the City to negotiate a collective bargaining agreement, the
Union shall be represented by not more than four (4) bargaining unit members and not more than one (I)
non -employee Union representative. The employee representatives will be paid by the City for time spent
in negotiations, with no loss of pay or emoluments but only for the straight -time hours they would otherwise
have worked on their regular work schedule.
3.3. The Union President or designee will be allowed to meet with bargaining unit members in the
assembly room during the one-half (1/2) hour prior to "work call" on the condition that the Department of
Solid Waste Director or his/her designee is advised one (1) working day prior to the proposed meeting. The
bargaining unit members have the right to meet with the Union President or his designee on union business
at any time during the individual employee's breaks. The Union President or designee shall not have access
to the "work cal I" premises and in all areas unless the conditions set forth in this section are inet. It is agreed
by the parties the meetings referred to herein will not cany over beyond "work call" unless specifically
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City`s Rex ised Counter Proposals (6/,0/2017)
appro\ ed by the Director of the Department Director of Solid Waste or designee. nor shall the} interfere
vti ith Management's right to direct the .sorkforce.
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Article 4
MANAGEMENT RIGHTS
4.1. The Union agrees that the City has and will continue to retain, whether exercised or not, the
sole right to operate and manage its affairs in all respects; and the powers or authority which the City has
not specifically abridged, delegated or modified by the express provisions of this Agreement are retained
by the City. The rights of the City through its management officials shall include but shall not be limited
to, the right to determine the organization of City Government, to determine the purpose of each of its
constituent departments; to exercise control and discretion over the organization and efficiency of
operations of the City; to set standards for services to be offered to the public; to direct the employees of
the City, including the right to assign work and overtime; to hire, examine, classify, promote, train or retrain,
transfer, assign or reassign (daily or tiveekly) and schedule employees in positions with the City; to suspend,
demote, discharge, or take other disciplinary action against employees for proper cause; to
increase, reduce, change, modify or alter the composition and size of the work force, including the right to
relieve employees from duties because of lack of work, funds, or a material change in the duties or
organization ofa department: to determine the location ,methods, means, and personnel by which operations
are to be conducted, including the right to determine whether goods or services are to be provided or
purchased; to establish, modify., combine or abolish job classifications; to change or eliminate existing
methods. equipment or facilities: and to establish, implement and maintain an effective internal
security program.
4.2. The City has the sole authority to determine the purpose and mission of the City, and to
prepare and submit budgets to be adopted by the City Commission.
4.3. Those inherent managerial functions. prerogatives and policy -making rights which the City
has not expressly modified or restricted by a specific provision of this Agreement are not in any way.
directly or indirectly, subject to the Grievance Procedure contained herein.
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Article 5
NO STRIKE
5.1. "Strike" means the concerted failure to report for duty, the concerted absence of employees
from their positions. the concerted stoppage of work. the concerted submission of resignations, the
concerted abstinence in whole or in part by any group of employees from the full and faithful performance
of their duties of employment with the City, participation in a deliberate and concerted course of conduct
which adversely affects the services of the City, picketing or demonstrating in furtherance of a work
stoppage, either during the term of or after the expiration of a collective bargaining agreement.
5.2. Neither the Union. nor any of its officers, agents and members, nor any bargaining unit
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike,
sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing in furtherance of a work
stoppage, or any other interruption of the operations of the City.
5.3. Each employee who holds a position with the Union occupies a position of special trust and
responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in
Chapter 447, Part II, of the Florida Statutes, and the Constitution of the State of Florida, Article 1, Section
6. Accordingly, the Union, its officers, and other representatives agree that it is their continuing obligation
and responsibility to maintain compliance with this Article and the Iaw, including their responsibility to
abide by the provisions of this Article and the law by remaining at work during any interruption which may
be initiated by others; and their responsibility, in event of breach of this Article or the law by other
employees and upon the request of the City, to encourage and direct employees violating this Article or the
Iaw to return to work. and to disavow the strike.
5.4. Any or all employees who violate any provisions of the law prohibiting strikes or of this Article
may be dismissed or othem ise disciplined by the City, and any such action by the City shall not be 4grievable
or arbitrable under the pro isions of this Agreement or appealable to Civil Service.
TA Union
Article 6
DUES CUJECK OFF
6.1. During the term of this Agreement. the City agrees to deduct Union membership dues, if any,
in an amount established by the Union AFSCME Local 871 and certified in writing by an accredited officer
to the City from the pay of those employees in the certified bargaining unit who individually make such
request on a written check off authorization form provided by the City. Such deduction will be made by the
City when other payroll deductions are made and will begin with the pay for the first full pay period
following receipt of the authorization by the City. The Union AFSCME Local 871 shall advise the City of
any change in dues in writing at least thirty (30) days prior to its effective date.
6.2. This Article applies only to the deduction of membership dues, if any, and shall not apply to
the collection of any Union fines, penalties, or special assessments.
6.3. Deductions of dues, if any, shall be remitted by the City during the week following each
biweekly pay period to a duly authorized representative as designated in writing by the Union. The City
shall deduct from the remittance an amount for the cost of dues check off. 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 check off register.
6.4. In the event an employee's salary earnings within any pay period, after deductions for
withholding. Social Security, retirement. group health insurance, and other priority deductions, are not
sufficient to cover dues, it will be the responsibility of the Union to collect its dues for that pay period
directly from the employee.
6.. Deductions for Union dues shall continue until either : (1) revoked by the employee by
providing the City and the Union with thirty (30) days written notice that he/she is terminating the prior
check off authorization [the thirty (30) days notice shall commence on the day the dues cancellation request
is mailed by the City to the Union]; (2) the termination of the authorizing employee, (3) the transfer,
promotion, or demotion of the authorizing employee out of the bargaining unit. or (4) unit decertification
occurs.
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6.6. The Union shall indemnity. defend and hold the City. its officers, officials. agents and
employees harmless against an) claim. demand, suit or liability (monetary or otherwise). and for all legal
costs arising from any action taken or not taken by the City. its officials, agents and employees in complying
with this Article. The Union shall promptly refund to the City any funds received in accordance with this
Article which are in excess of the amount of dues which the City has agreed to deduct.
6.7. The Dues Check off Authorization Form provided by the City shall be used by
employees who wish to initiate dues deduction.
TA City
Union Proposal
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4%. J PEOPLE Deduction
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The Employer agrees to deduct from the wages of any employee who is a member of the
Union a PEOPLE deduction as provided for in a written authorization. Such authorization must
be executed by the employee and may be revoked by the employee at any time by giving written
notice to both the employer and the union. The Employer agrees to remit any deductions made
pursuant to this provision promptly to the union together with an itemized statement showing the
name of each employee from whose pay such deductions have been made and the amount
deducted during the period covered by the remittance.
C ity's Revised Counter Proposals (6/30 '20 1 7)
Article 7
GRIEVANCE PROCEDURE
7.1. A grievance is defined as a dispute involving the interpretation or application of the specific
provisions of this Agreement or disciplinary actions beyond a written reprimand, except as exclusions are
noted in other Articles of this Agreement.
7.2. A g.rievance shall refer to the specific provision or provisions of this Agreement that are alleged
to have been violated. Any grievance not conforming to the provisions or this paragraph shall be rejected
and considered conclusively and irrevocably abandoned. Oral and written
reprimands/warnings/deficiencies shall not be considered grievable under this Agreement or the Civil
Service Board. The grievance procedure set forth herein is only available to classified permanent
employees.
7.3. Nothing. in this Article or elsewhere in this Agreement shall be construed to permit the Union
to process a grievance on behalf of any employee without the employee's consent, or to permit either the
Union or an individual employee to process a grievance with respect to any matter which is the subject of
a grievance, appeal, administrative action before a governmental board, commission or agency, or court
proceeding brought by an individual employee or group of employees, or by the Union. The parties agree
that any complaint specifically regarding the interpretation or application of the Civil Service Rules and
Regulations is only reviewable under the procedure currently set forth in Rule 16, Civil Service Rules and
Regulations. and not under this Grievance Procedure. A request for review of complaints under Civil
Service Rules 162 and 17 may only be made by employees with permanent status. Such reviews will be
denied where the request does not cite the specific Civil Service Rule which is the basis of the complaint;
where the issue is a matter subject to collective bargaining or where the request for review or investigation
is received more than 30 days after the incident in question or knowledge thereof.
7.4. It is further agreed by the Union that employees covered by this Agreement shall make an
exclusive election of remedy at Step Two of the Grievance procedure or prior to initiating action for redress
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City s Revised Counter Proposals (6130/2017)
in any other forum. Such choice of rented` will be made in writing on the form to be supplied by the City.
Should such election of remedy not be tiled, the Union and the member agree and understand, that the
¢grievance would be conclusively. abandoned NA ith no other recourse or appeal to Civil Service.
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 an aggency or court proceeding. Any selection of redress, other than through the Grievance Procedure
contained herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for
adjustment of said grievance.
7.5. To simplify the Grievance Procedure, the number of "working days" in presenting a grievance
and receiving a reply shall be based upon a five (5) day work week, Monday through Friday, not including
City-wide holidays. Any grievance not processed in accordance with the time limits provided below, shall
be considered conclusively abandoned. Any grievance not answered by Management within the time limits
provided Nvil I advance to the next higher step of the Grievance Procedure. Time limits can only be extended
by mutual aggreernent of the Union and Department e So1-i Wn t Director or the Director of Department
ef—Human Resources Director or their_designee(s). Such agreed to extensions shall be followed up in
writin a.
7.6. Grievances shall be processed in accordance with the following procedure:
Step I.
The aggrieved employee shall discuss the ¢grievance with the employee's immediate supervisor
outside the bargaining unit within seven (7) working days of the occurrence which gave rise to the
grievance. The Union representative shall be notified of all grievance meeting(s). Failure of the Union
representative to attend shall not preclude the meeting, from taking place. The immediate supervisor shall
review the matter and shall verbally respond to the employee within seven (7) working days.
Where a grievance is general in nature in that it applies to a number of employees having the same
issue to be decided. or if the grievance is directly between the Union and the City. it shall be presented
directly at Step 3 of the Grievance Procedure. within the time limits provided for the submission of a
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City's Rew ised Counter Proposals (6' 30 2017)
grievance in Step 1 and signed by the aggrieved employees or the (Union representative on their behalf. The
Election of Remedy form as provided in Section 7.4 of this article shall be completed and attached to
grievances presented directly at Step 3. Should such Election of Remedy not he tiled. the Union and the
member agree and understand, that the grievance would be conclusively abandoned with no recourse or
appeal to Civil Service.
Step 2
If the grievance has not been satisfactorily resolved at Step 1, the Union may pursue the grievance
by a written appeal to the Department of Solid \Vastc Director within seven (7) working days from the time
the Step 1 response was issued or due (whichever occurs first). A facsimile transmittal is an appropriate
means of notice for processing the grievance pursuant to Article 7 throughout all steps as long as it is
followed up with hard copies and/or originals 3 days before the hearing date. Otherwise the grievance
and/or administrative proceeding would be conclusively abandoned.
The Department of Solid Waste Director or designee shall meet with the Union representative and
shall respond in writing to the Union within seven (7) working days from receipt of the written grievance.
Step 3
If the grievance has not been satisfactorily resolved at Step 2. the Union may present a written
appeal to the Director of Department of Human Resources Director or designee within seven (7) working
days from the time the Step 2 response was issued or due (whichever occurs first). The Director of
Department of Human Resources Director or designee shall hold a grievance hearing within seven (7)
working days from receipt of written appeal with the Union representative and shall respond in writing to
the Union w ithin ten (10) working days from the date of the hearing.
Step 4
if the grievance has not been satisfactorily resolved within the Ciriewance Procedure. the Union may
request a review by an impartial arbitrator provided such request is filed in writing with the Director of
{) parts en, -,}human Resources Director. no later than fifteen (15) working days after the Director of
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Department of Human Resources Director or designee's Step 3 response 11as issued or due (whichcver
occurs first).
7.7. All grievances must be processed within the time limits herein provided unless extended by
mutual agreement in writing between the department and/or the Department of Human Resources
Departrnent. and the Union. Any grievance not processed in accordance with the time limits provided above
shalt be considered conclusively abandoned.
7.8. The parties to this Agreement will attempt to mutually agree upon an independent arbitrator.
11 this cannot be done, one will be selected from a panel or panels to be submitted by the American
Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) as agreed to by
the parties. Any issue of timeliness of the grievance will be addressed in a separate, arbitration to be held
before the arbitration on the merits of the case. The parties agree that the arbitrator who decided the
timeliness issue will not be selected to hear the case on the merits.
7.9. The arbitration shall be conducted under the rules set forth in this Agreement and not under
the rules of the American Arbitration Association or the Federal Mediation and Conciliation Service as
agreed to by the parties. Subject to the following, the arbitrator shall have jurisdiction and authority to
decide a grievance as defined in this Agreement. All issues of arbitrability shall be decided by the arbitrator
except as, otherwise noted in this contract. The arbitrator shall have no authority to change, amend, add to,
subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment
thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this
Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement. or
hich 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.
7,10. The arbitrator may not issue declaratory or advisory opinions and shall confine himself
exclusively to the question which is presented to hire. which question must be actual and existing.
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City's Revised Counter Proposals (6'30,'2017)
7.11. It is contemplated that the City and the Union mutually agree in writing as to the statement
of the matter to be arbitrated prior to hearing: and if this is done, the arbitrator shall confine their decision
to the particular matter thus specified. In the event of failure of the parties to so agree on a statement of
issue to be submitted, the issue will be framed by the arbitrator at the time of the hearing.
7.12. Each party shall bear the expense of its own witnesses of the arbitration including, court
reporters and of its own representatives. The parties shall bear equally the expense of the impartial
arbitrator. and the transcript of the arbitration hearing. The City agrees that the union has no obligation to
represent or file grievances on behalf of non -dues paying members. However. should any individual
employee, not being represented by the union, bring a grievance under this Article, the employee shall be
required to post a bond of an estimated one-half of the expenses of the hearing with the arbitrator before
the hearing may be scheduled. This in no way relieves the union of their obligation to pay the above stated
fees, when the union files a grievance up through arbitration on behalf of member.
7.13. Copies of the award of the arbitration made in accordance with the jurisdiction or authority
under this Agreement shall be furnished to both parties within thirty (30) days of the hearing unless the
arbitrator needs more time and shall be final and binding on both parties.
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City's Re%ised Counter Proposals (6:'30/20I7)
Article 8
NOTICES
8.1. The City of Miami agrees to provide to the Union the following notices or bulletins: City
Commission Agenda, the Solid Waste Department draft budget to be presented to the City Commission.
the Solid Waste Department final departmental budget and any other notices, bulletins, or material Which
the City Manager or designee determines would affect the terms and conditions of employment of the
members of the Union. Such notices and estimates will be available for pickup by a Union representative
at the Cit of Miami's Department of Human Resources. Labor Relations Division.
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Article 9
ATTENI).ANCE AT MEETINGS/EMIPLOV'EE UNION TIME POOL
9.1. Only one employee Union representative shall be allowed to attend regular meetings and
special meetings of the City Commission, the Civil Service Board, the Equal Employment Opportunity
Advisory Board and the Pension Plan Board on City time. Time off for the employee Union representatives
or any other bargaining unit employee to attend other meetingus will be in accordance with Section 9.2 of
this Article.
9.2. A Union Time Pool is hereby authorized subject to the following:
A. Each fiscal year, the City agrees to provide a cumulative time pool bank of 3,00
hours to be used in accordance with the provisions of this Article and any and all
hours heretofore banked are to be considered rolled over at the end of each fiscal year.
B. The Union President shall complete the appropriate City provided
provided form to request
authorization from the Director of the Department of Sapid 4ate Director or designee for
an employee to use time from the Time Pool. This form shall be signed by the Union
President and forwarded to the Director for
giro1iCtimesct
approval. The D eater,'- th-e '-` paFt-n•e t of Write Director or designee shall
forward the approved form to the Supervisor of the employee who is to use such time. The
form must be processed so that a copy shall be in the Office of the D
rt'vY4-
Director a minimum of seven (7) calendar days prior to the time the employee
requests such leave. A copy shall also be forwarded to the Department of Human Resources
Department. It is understood on rare occasions the seven (7) day time limit may not be met.
The Union President or designee then shalt forward a detailed explanation to the
Department of Solid Wa4i.e Director as to why the seven (7) day rule was not met, and copy
the Depn t-ment oT Human Resources Department.
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C. Employees shall be released from duty on pool time only if the needs of the service permit,
but such release shall not be unreasonabl` denied. Iran employee cannot be released at the
t-e
time desired due to the needs of the Department of Solid Department. the Union mat
request an alternate employee be released from duty during the desired time.
D. Only one (1) bargaining unit employee shall be released to attend meetings requested by
the City unless management authorizes additional bargaining unit personnel.
E. in reporting an employee's absence as a result of utilizing the Union Time Pool, the daily
attendance record shall reflect: (Authorized Leave) "Employee Doe on AL".
F. Any injury received or any accident incurred by a bargaining unit member whose time is
being paid by the Union Time Pool, or while engaged in activities paid by the Union Time
Pool, shall not be considered a line -of -duty injury, nor shall such injury or accident be
considered to have been incurred in the course and scope of the bargaining unit member's
employment by the City of Miami within the meaning of Chapter 440, Florida Statutes, as
amended. 1
G. Upon written request to the Director, the employee Union
President, or designee, will be released for the term of this Agreement from 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:
I . The Union President, or a designee. will be reasonably available through the Union
office currently located at 700 South Royal Poinciana Boulevard, Suite 700, Miami
Springs, FL;_33166, or as may be otherwise advised in writing, for consultation
with the 1'Ianagement of the City of Nliarni.
?. As provided in Section 9.1 of this Article, only the employee Union President or a
designee shall be released to attend meetings.
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3. The Time Pool vk ill be charged for all hours during which the employee Union
President is on off -duty release except that absence due to use of vacation leave.
compensatory leave. or sick leave will be charged to the employee's leave
accounts. Employees conducting Union business or attending meetings shall not
have that time counted as hours worked for purposes of overtime or compensatory
time.
9.3. All applicable laws, rules. regulations and/or orders shall apply to any person released under
the terms of this article. Violations of the above -mentioned laws, rules, regulations and/or orders may
subject the employee to disciplinary actions.
9.4. The City reserves the right to rescind the provisions of this Article in the event any portion of
this Article is found to be illegal. Canceling the Article shall not preclude further negotiations of future
employee pool time.
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Article 10
SPECIAL MEETINGS
10.1. The Cite Manager, or designee, and the Union agree to meet and confer on matters of interest
upon written request of either party. The written request shall state the nature of the matter to be discussed
and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the request,
and it is understood that these special meetings shall not be used to renegotiate this Agreement. Special
meetings shall be held within fifteen (15) working days of the receipt of the written request and shall be
held between 8:00 a.m. and 5:00 p.m., at a time and place designated by the City. The Union shall be
represented by not more than five (5) persons at special meetings. One (1) of the employees shall be the
person on full time release.
10.2. Release of an employee from scheduled work assignment for the purpose of attending a
special meeting shall be made in accordance with ARTICLE 9, SECTION 2, of this Agreement. However,
if the meeting is canceled by the City Manager or designee, no charge shall be made to the employee time
pool,
TA City TA Union
Article 11
LABOR/`IANAGEMIENT COMMITTEE
There shall be a Departmental Labor/i\lanat ement Committee established in the Solid Waste
Department of the City of Miami. Said Committee membership shall include representatives from
management and bargaining unit members.
11.1. The Departmental Labor/Management Committee shall meet at least every two (2) months.
and such meetings shall be scheduled during normal business hours. The purpose of these meetings will be
to discuss health and safety issues, quality of work -life, productivity, service, acquisition of equipmentindtftVWS
tools. communication and objectives of mutual concern, not involving matters which have been or are the
subject of collective bargaining between the parties. It is understood that these Departmental
Labor/Management Committee meetings shall not be used to renegotiate the tabor agreement between the
City and the Union. All decisions made by the Departmental Labor/Management Committee shall be by
affirmative consensus and shall be forwarded as recommendations to the Solid Waste Director. The Solid
Waste Director or designee will provide the Union President and committee members with a written
response outlining what actions will be taken if any by the department to the issues that were discussed by
the committee within fifteen (15) working days unless the time frame is mutually extended by both parties.
11.2. The Departmental Labor/Management Committee meetings shall be conducted on an
informal basis with the selection of a chairperson to be determined by the members of the Committee.
Length of participation of Committee members shall be determined by the Departmental
Labor/Management Committee. The chairperson shall arrange for minutes to be taken of the meeting and
for the distribution ofcopies to each member ofthe Committee. Union Business Manager and the employee
Union representative and the City's Labor Relations Officer. The minutes will also be made available at the
Department of Human Resources. Labor Relations Division t'or review. However anything. related to health
and safety shall be prioritized.
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Article 12
SAFE DRIVING
12.1 In recognition of the policy to encourage safe ing1, all bargaining unit employees Vho are
regularly scheduled to drive city vehicles or operate Department equipment shall receive ten (10) hours of
compensatory time for each annual period the driver is accident free. Accident free means that for this
annual period the employee has not been ruled to be at fault. Any pending rulings will delay receipt of any
award until that case has been resolved. The one (1) year annual period for measurement will commence
each October 1'' . Any hours awarded will be credited to the employee's compensatory leave bank ‘vithin
(2) weeks from the date the employee has not been ruled to be at fault for an annual period providing there
is no pending determination of accident fault.
Definition of Regularly Scheduled means: Assigned to a city vehicle or equipment for a period of
10 months within a Fiscal Year. Commencement of regularly scheduled assignment is the actual day
assigned to drive a vehicle or operate Department equipment. Vacation, Compensatory and Holiday Time
taken while assigned to driving a city vehicle or operating Department equipment shall count as work
assigned to the driving a city vehicle or operating departmental equipment. However, Sick Leave,
Disability, Illness of Family or working on Union Business are not counted as assigned to driving a vehicle
or operating Department equipment.
12.2. All bargaining unit employees operating City vehicles shall have obtained the federally
required commercial driver's license and endorsements as may be determined necessary by Management.
Bargaining unit employees operating motorized vehicles in the Solid Waste Department shall have the
required Florida Operator's License and/or endorsements in their possession at all times. Should the
employee not have in his/her possession upon inquiry by the Department a valid license as required by the
contract, he/she shall be disciplined.
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12.3. Any employed whose driver license and/or endorsement(s) are revoked. suspended or
restricted in any way by the State of Florida shall notify his/her supervisor immediately. Should the
employee fail to notify the Department of a suspension. revocation, or restriction in writing as required by
this contract he/she shall be subject to discipline.
12.4. Any employee whose driver license is revoked or suspended will be allowed to use vacation
or compensatory time, or leave without pay for up to two weeks to correct the suspension or revocation. If
the suspension or revocation is not corrected within that time the employee will be suspended without pay
for a period of 30 days. If after the 30 days suspension without pay, the driver license suspension(s) or
revocation is not corrected, the employee will be demoted to a non -driver classification if such a position
is available, If no such position is available. the employee will be separated from employment. Future
opportunities of promotion to a driver classification for the employee placed in a non - driver classification
shall be in accordance with Civil Service Rules and Regulations.
Employees who do not have a commercial driver's license and required endorsements shall not be
eligible to work out of class in driver classifications.
26
TA it),
r-- ljek
TA union
City "s Revised Counter Proposals (6'30 2017)
Article 13
BULLETIN BOARDS
13.1. The City yyill provide for the use of the Unioni a glass enclosed locking bulletin board at the
it+A4 +64. 6,,re ;.
Solid Waste Department building".A key to the bulletin board will be kept by the Department Head or
designee, and by the President of the Union. The bulletin board shall be used only for the following notices:
A. Recreation and special affairs of the Union
B. Union Meetings
C. Union Elections
D. Reports on Union Committees
E. Contract Administration Information
13.2. Notices or announcements shall not contain anything political or reflecting adversely on the
City or any of its officers or employees; notices or announcements which violate the provisions of this
section shall not be posted. Notices or announcements posted must be dated and must bear the signature of
the Union President or designee. In the event any material not comporting with this article is posted on the
bulletin board, it shall be promptly removed by a representative of the Union or a representative of the City.
117
Artic!c 14
NO DISCRIMIINATION t"r "- 4 CT. ACV/7'
/ L r
f L ;ric 1rl� �s3i� rt
14.1. The City agrees to continue its policy of not discriminating. harassing or bullying against any
employee because of age, race, religion. national origin, Union membership, disability, sexual orientation
ecc ,;. ;,tg a heiivirrmimekit
or sex. Any claim of discrimination, harassment. or bullying by an employee against the City, its officials
or representatives, shall not be grievabie or arbitrable under the provisions of ARTICLE 7 - GRIEVANCE
PROCEDURE but shall be subject to the method of review prescribed by lave or by rules and regulations
having the force and effect of law.
Any employee who so desires has the option to file a complaint with the Citv's E.E.O.D.P. (Equal.
Employment Opportunity Diversity Program) office, provided that the employee must complete. sign and
submit their complaint on a form supplied by the City.
14.2. The Union shall not interfere with the right of employees covered by this Agreement to
become or refrain from becoming members of the Union, and the Union shall not discriminate against any
such employees because of membership or non -membership in any employee organization.
7--
TA v
1/941
(9101-i4A Limon
Citv'S Re\ ised Counter Proposals (6' 30'2017)
Article 15
PROBATIONARY PERIOD
15.1. All bargaining unit employees shall be required to serve twelve (12) months of continuous service in
a probationary status commencing ‘v ith the date of their appointment to any bargaining unit classification.
15.2. Probationary periods may be extended by the Department of Solid Waste. Director or designee for an
additional period not to exceed six (6) months. The employee shall be advised in tivriting of the length of
the extension and the reasons for it prior to the end of the employee's eleventh month of service: provided
however that probationary period extensions shall not be reviewable or appealable to the Civil Service
Board nor arievable under this Agreement; but shall only be subject to review by the Director of Human
Resources Director or designee whose decision shall be final and binding on the employee and the
Department.
30
7
Article 16
DISCIPI.I\:tRY PROCEDURES
16.1. When an employee has reasonable grounds to conclude that his participation in an
investigatory interview will result in receipt of disciplinary action, the employee may request that the Union
President or a City° employee be present at the interview. The employee's representative shall confine his/her
role in the investigatory• interview to advising the employee of his/her rights. Upon request, the City Will
either grant the request and wait for the union representative (not obligated to delay the interview beyond
two (2) hours), deny the request and end the meeting immediately or give the employee the choice of either
ending the meeting or continuing without a representative.
16.2. Investigatory interviews shall be conducted at a reasonable hour, preferably while the
employee is on duty, unless the seriousness of the investigation is of such. degree that immediate action is
required. If the employee is to be interviewed outside his/her assigned work schedule, he/she shall be paid
overtime in accordance with Article 21 — Overtime/Compensatory' Time/Call-Back.
16.3. At the commencement of the interview, the employee shall be advised of the subject matter
of the investigation, if he/she is a principal, and identify those parties making the allegations.
16.4. Interviews shall be for reasonable periods and shall allow for such personal necessities and
rest periods as are reasonably necessary.
16.5. In cases where it becomes necessary to immediately relieve a permanent, classified employee
covered by this Agreement, the employee shall be relieved of duty with pay pending the outcome of the
investigation. Proof of service of notification of discipline resulting from an investigation shall consist of
either: a) hand delivery to the employee, or b) certified mail delivery to the employee's last known address
on file with the Department of Solid Waste.
16.6. An appeal of any discharge or other disciplinary action, excluding oral or written reprimands
will be in accordance with Article 7.
TA
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30
TA Union
16.7. Employees who have not attained permanent status in the classified service. or who are
entrance probationary employees. may not grieve disciplinary action under the provisions of this
Agreement. Permanent classified Civil Service employees \tiho have been appointed to a promotional
position but 4vho have not completed the required probationary period may be rolled hack to the previously
held position if he fails to meet his probationary period at any time prior to the expiration of the probationary
period. Said demoted employee shall not be accorded a hearing before the Civil Service Board or access to
the grievance procedure contained herein.
16.8. Employees may be progressively disciplined only for proper or just cause, provided they are
full-time employees who hold permanent status in the City's Civil Service. Progressive discipline shall
include the following:
1. Verbal or Oral Counseling
2. Written Reprimand
3. Written Reprimand/Forfeiture of up to eight (8) hours of the employees' vacation
or compensatory leave balance
4. Suspension of up to 3 workdays
5. Demotion
6. Dismissal
3f
TA Union
Article 17
A13 ENTEEI.SM TAltl)INESS
17.1. -The parties agree that employee absent.eisin and or tardiness hinders the cost - efficient
delivery of service by the department and creates hardship for both r11ari,�cment and members of the
bar2.ainin�z unit. The Union ill ur_i.e its members to reduce absenteeism pursuant to that position the parties
agree that:
17?. Definition of Instances:
Absenteeism - An absence from work of more than one consecutive w orh day for reasons of non -
job related illness or injurti, or family illness not excused under FNMA or any
absence without leave not authorized at least one work day in advance of the
absence. A physician ordered absence because of the employee's injury or acute
illness or his attending to serious injury or acute illness of any actual member of
the employee's household shall not be counted as an instance of absence provided
the employee has submitted proper documentation. Nlanagement in its sole
discretion may require a Doctor's statement from the ernployee verifying same.
Failure to provide the Doctor's verification «rthin three (3) working dabs shall
cause the absence to be counted as an instance. The submitted doctor's statement
shall verify the duration of time the physician feels the illness disabled the
employee from performin, their work.
Tardiness - Reporting for work in excess of twelve (12) minutes beyond the scheduled starting
time of the shift. Employees vho are tardy to work ill be carried unauthorized
leave without pay in six (6) minute increments.
Annual Period A twelve ( 12) month period bettinnin; October I'' and endinz September 30.
TA Ity
)()r
r
TA Limon
17.3. Emplo`ecs shill he disciplined for ah,ences and tardiness in accordance with the follow1rt�
schedule:
Number or Instances Discipline
3rd instance in annual period Written warnirt,F
6th instance in annual period Written reprimand
1 Oth instance in annual period
1 1 th instance in annual period
12th instance in annual period
Three (3) w ork da> suspension w.'o pay
One work week suspension w'o pad
Dismissal
17.4. Exceptions to the aboNe schedules mar he v..ranted b. the
v
Director
or designee and the Director of Dcpwrtment of Human Resources Director or designee, if. in their sole
discretion, indi. idual circumstances warrant such action. Any request for a rei, iew of an instance must be
rm
filed ..ith the Director.. ithin fi. e (5) ..orkityx days of the receipt orany related
discipline by the employee.
L'114(11
TA Cit,
11
Article 18
LOSS Of EMPLOYMENT
18.1. Employees shall lose their seniority and their employment shall be term Mated for the
follow inv reasons:
[ . Discharge if not reversed.
2. Resignation if not withdrawn within twenty four (24) hours from submission to the Department
Director.
3. Abandonment of position. An employee absent for three (3) consecutive work days without
personal notification to the City shall be considered as having, resigned unless the employee has a
legitimate acceptable reason for that absence and for not notifying, the City of his/her absence. A
resignation under this article shall be appealable only through the grievance procedure. On the
second day an employee is absent "NV" (without pay), the City shall notify the employee Union
President of the employee's absence.
4. Unexcused failure to return to work when recalled from layoff.
5. Unexcused failure to return to work after expiration of a formal leave of absence.
6. Retirement.
7. Layoff for a continuous period of twenty-four (24) months.
34
Ion
Article 19
LAYOFF AND RECALL
19.1. Definition: Seniority shall mean the status attained by the length of continuous service Within
existing permanent Civil Service classifications within the Department of Solid Waste,
19.2. Definition: Layoff shall mean the separation of employees from the permanent active work
force due to lack of work. funds, abolition of position or positions because of changes in organization or
other causes however the parties agree there will not be any layoffs of Local 871's bargaining unit
Ci :Zd
employees from October 1,:0.14through September 30, 24+4, and the City will maintain Local 871'
bargaining unit positions for the duration of the current Agreement.
19.3. In the event a permanent or prolonged reduction in personnel is determined to be necessary,
length of seniority shall be the determining factor in such layoff (and any subsequent recall from layoff)
except the Department of Solid Waste may deviate from seniority in layoffs or demotions when seniority
alone would result in retaining employees unable to maintain a satisfactory level of service to the citizens
when such deviation is recommended to and approved by the City Manager. In such cases the Union will
be advised of the determination and the reasons therefore.
19.4. In the event an employee having permanent status in a Civil Service classification covered by
this Agreement is laid off, he or she shall have the option to bump the most junior employee within a lower
classification covered by this Agreement in which he or she held permanent status.
19.5. For the term of this Agreement, should the City determine it requires additional personnel in
the Solid Waste Department. personnel on layoff will be given an opportunity to till a position in the Solid
Waste Department in accordance with the Civil Service Rules and Regulations. To the extent practical,
based on the City's needs, employees on layoff who qualify will be considered for vacant part-time and
temporary positions from the established layoff list within the City. Those employees on
the layoff list shall be considered hired before the City may recruit from employees not currently
on the City's payroll.
35
7i(I 7-
City''s Second Revived Counter Proposals 17,20'20i7)
Article 20
WAGES
20.1. The Union a'r2es i'h the City that there is a need to address the operational rift; ed of the
Solid Waste Department, which may require a reorganization or the Solid 1Vaste Department. The
re.or_a :za:ian will require implementation of staffns and operational changes in order to in,:rease the
e ficier.:.v of the department and redace costs of the Solid Waste Department, The Union, its officers.
a2 nts, and rr.ernbers pledze their s::ppert in iniplementir[a such operational chanzes or reorzanization ar.d
the L nlJl; hereby eval1 es all rt j:.rement. o; approval, and notice of such covered by this a_reerne:ic.
it-E: I2 i (fle.W, ie.r-Svzi!,'tl le-V41;4:Y.-
d-+se-t..',1'1.t1.l.}}`cl""'C`.'k[e:�C'I'I•��ft-^Yf11 "ell41 F:T1. 1.�?cl ti-Ehc4.i.1 �..}4- i �'1C"II C�II t!1�-t'+t 11�1[jl ilt+�ik`i C'-rr4}l--t7Lr"41't 411 141�
rtrieii{'{.'`'':1 {+_`{l'.L' .l�C.-'tll- ;`;��11-'.t'c}r2'): a '_''�w�}t'`+:tif?-ift`-kkf}F"e..'+}}his}}�rYYr{�-���-kctti-l}+ 4ilc'-tides'•-'si?I)
:1-17.ftEii_ ;' i F!-F1!•:-•,:1"���"ii-- {r=Ali?t!d-!'7-i+ =t-1•_�i"t� �ii_}t}#l'.-_''.- 41-��;}t.'--r�:.:--��r�a,}4. tItif {F the-b-}la3-i+}}n...2?-Emit
melt t''?- sc'\=itt:1` i-i e-l-rr?'.-'.-'E=4411e1,41Loi-ii'?-F}1,1*ii`'--F`ii--tlf )e- r..--.1i_,elate-:-.112-ti1►c wtR-r.'tain-tst=41er
t+ {s}t-� i'ts ci-f�} —1F} LFFI irFFt't �{ :tiri&1'^i'i}!likt� Effective the first lull t':1: neriod after October 1,
l 7. a:I ba.'`.iinin+ unit r,lernbers will receive a three percent (3'L j a.;r )s.s the board increase, ar.d the ,f j'
pay
scale a: Appendix C shall be adjusted a.:ccrdin Iy, "C r2' . � �i+�� " �y[ s � �`� �J} fi 41 Z t' Ct'-r
r C`1( w�i :ir1J �s 4 :xZ r/!C", kr-s Fv T(! ►Y . rt� eL cy.e. per-tr41 Ci7c) Acr11,;; f kJrr.4Yy�
1 for ti3 a: ears 2 1.--5--'_gin f 3i?�i 20 :' ---r 201 !. 20 i . and 20: (To. respectively, bir o.ainlil_ unit
members that are not at their II 1a:eimuni .step will Peterrea-ei (1) stei' tir'it i.i11 pti'.-peri..ti
tr�l lc>4 in-inc.reasei otheEti}an4l r?'it
ti+iiii?1F ki L i-s+ �j cl iF ik t1z1 s eitt? c't;;C'tY'<c--Sertel-n ' i A}r am r ? -) 7 N' Ftatiii n±
l:;i:t rn•i!",'_t`ia \.i11 he eli2ible for stepr'anniv'ersary in;:reases upon a satisfactorr evaluation and in
a.:ccrdane w ,tli the Article 20.3, below. There shall be na other st, p.'annie er:.Ire increases other than those
e.nuaiilCr:i!. d all,}\c Burin the term or this .A2reeF11e11i-
20.2. All chan tes in salar;. for reasons of promotion, de,rlut:on, merit increase, anriiversar�
increa;a, err >.e2. out of classification shall he effective the first day of the payroll period following the
lit17
TA L. ity
37
toiteit; -
IV1
l
Effe � �� ` ('``� p4. c. .� C`L ti Lk- (, Zc'y f Vr lwtJli �� Ltr4 ►cd��,R.n
! "'IF ct L7S �,,��a�?�1i+ f�tl'L'r~.�e'. �'�Iy� �t"'+,r SLkFc St^`* HGGL������?'44/�L4k�6t`j,F�Fty.
� ] l
TA Union
City's Sec0rd R2N.isd Counter Proposals (7 20 2() 17)
effeetiae date of t1le ch n .e. Leaves of absences without pay or suspension of any duration shall delay
increases by tho period of time involved.
20.3. Barzainin_ unit members shill become elieibte for a five percent (5'•a) one (I )
step,ann'bersary in.:rease aeecrdin, to the table below based upon a satisfactory evaluation and on the
positive approval of the Department Director.
Ste;. 2 51.) after one (1) year at Step 1
Step 3 5 ilafter one (1)year atStep 2
Step 4 a?'o after one (1) year at Step 3 J
St;:p 5 5? ; after one (1) year at Step 4
Step 6 5'?,;, after or,e. (1) year at Stec, 5
Step 7 51.a after one (1) year at Step 6
Step S 3° after one. (I) year at Step 7
Step 9 5? after two (2) years at Step S
Step 10 S' q after two (2) years at Step 9
Step 11 5 i0 after two (2) years at Step 10
Step 12 S','; after two (2) years at Step 11
Step 13 5?;, after two (2) years a: Step 12
Step 14 5'',4a after two (2) years at Step 13
Lca'r s et absence w itiiu:it pay, suspension of a:ly duration, or assignment to light or modified duty
in a. or an. tyltll Article 25 shalt delay increases by the same number of workdays. -\ Departinent
D;rector may '.vlt'lha1d. an,::'versary increases due to e'.eessive a5seiltecism resuitine from tardiness. sick
usaLle and, or until such tiir..e as, in the Department Directors jiud ineiit, the employee's sorb ic-e within
the cla si1icatiOn n':Ccs the standards of satisfactory- per:ari'tan.:e for the position. Employees whose
anii;v, rsary iil.:rrases are delayed or denied shall be notified of the reasons for the action hci is taken.
LmpIa ees whose aui0 ersary 1.1C1`cases are delayed or denied due solek to tardlil0S' or lick leave usaze
TA Cit,.
: 1'", , f3 1/'?
J._ 1A Limn
Cit' 's Second Revised Coulter Proposals (7 20:201 7)
may request a re\ iew or the denial by the 9;re.:t. - Human Resourzes Dire;:tor or desi nee, hoe
decision shill be final and binding.
20.4. .Any bargaining unit employee, u on ret:retnent from : City" seNice, or se aratir'2 under
hol:ora le cDnd:ticns, ho has sires for a period of t`xenty-floc (25) years or more, shall be gra:ttel at
k!:z time ljti his.her retirement or honorable separation or.e hundred seven:Iv-three and three tenths (173.3)
hours of pay.
TA City
City's Second Revised Counter Proposals (7/202017)
Article 21
OVERTIME/COMPENSATORY TIME/CALL-BACK
211 All authorized hours actually worked in excess of an employee's forty (40) hour work week
shall be considered overtime. work. The hours that employees are iticr'kinz or in' olved in Union
representation or labor-management activities shall not be considered hours worked in determining
overtime eligibility,
21.2. Employees performing earned overtime work shall, at their discretion, be paid time and one-
half at theirstr:ti.ht time hourly rate of pa, or shall be given compensatory time at the rate of time and one-
half for such work. This oyertirne rata shall be all inclusive and no additional compensation in the form of
hourly differential, etc., shall be paid.
21.3. The maximum a;cumuLttion of compensatory time hours is two hundred (200) hours. If an
employee takes compensatory time off, the hours in the employee's bank would be appropriately reduced
by such time off If an employee leaves the service of the.. City and cashes their bank, the hours therein shall
be valuated on the basis of the current rate of pay.
21.4. The parties agree that overtime hours shall not be used in the computation of arriving at
averaue earnings for purposes of establishing pension benefits.
21.5. The parties agree that a5&ignmenti-of--over ime-vofk-shiti-l--rest--se-lel4- -i -the--1 partment
p( �til 17iret+ �+� lesaz:tze. N kn}ia lltenti+-ill- t thk overtime will he rotated to eligible persons within their
respective classifications by seniority within the cls,sitication. A voluntary sign up list will be posted for
bargaining unit members to sign up for overtime within their respeeti4c classification. Employees who cal!
out for a regularly scheduled shift on a ?londay or Friday will be skipped on the next two (2) overtime
rotation; that they would otherwise be eligible for selection. tMdlra einent 44y-titilrtin at m+teery tlr>`; not
ii c}l� e it . ost'rtitTh.. , tnti algids,tio ±ree i4¢n ±- leek-,; rF{ i ii—io i : nettled fr\llien44 . staff -log.
411etlttlitl_}, z►tirrr?kl T eE fll kl,ai+} tiles s+*le l,re+r ,,itiv, of Ek l-kpitil-fri i 1-kift-l--tr+•cl� .+gore:
00 117
TA City
SPDN-46R76a429-2 )9-7,97
40
City's Second Revised Counter Proposals (7I20.2017)
21.6. N1.mageEn.nt. by utilizing, volunteers a. set forth in Article :.1.5, does not waive its right; to
require. har1.tinirig, unit members to work overtime, The parties agree that assignments of os.ertintc «ork
r.;t soli:4v with the Dejtrtrnent Director or designee. including decisions r _rrding, the classifications
needed, freuerio. stalling,. scheduling., emergencies. et.. The parties agree that tnssic.nr-11.nt-e-e4efti
+4at1, i_, ,err-a:i insL €trntar-y- s•sk-anal-any employee_ refusing assignments of such work is subject to
dis.;iplina y action as deemed appropriate. by the Solid Waste Director.
21.7. Any permanent bargaining unit employee eligible for overtime shall, if recalled to duty by
Ni.rna_4zrnent during off -duty hours, receive a minimum of three (3) hours plus en. (1) hour travel time,
paid at the overtime rare. The parties agree that call - back hours shall not be used in the computation of
averaze earnings for purposes of establishing pension benefits. An employee out on ill time or worker's
compensation will not receive call back pay for taking the required physical before. said employee may be
released to return to work.
41
ll���l�t7
TA City
SPDN4v.,37414: _oT''97
Article 22
VACATION
22.1. Vacation Scheduling - By November 30'1' of the year preceding the vacation year, each
employee w'i1l select a vacation period in accordance with the Department Vacation Selection Procedure.
Said Vacation Selection Procedure will be developed by Management and will include, but not be limited
to, the following elements:
A. Vacation selection by seniority in classification.
B. Assignment of an employee number to all employees within each classification with the
number one (1) being the senior person in each classification.
C. Provision of time frames during working hours in which employees will be directed to
select their vacation.
v
22.2. The Department crf Sold West.. Director or designee shall establish a vacation schedule based
on a payroll year and shall post it by January 1 of the current year. The schedule shall establish the number
of personnel, by classification, who may take vacation leave at any one time.
By the last payroll period of each calendar year, each employee shall be granted a vacation period
subject to the provisions of this Article. Where an employee does not submit a vacation preference as
NP,r,trrt�.�t
required above, the D,partnient pr .o4i „'Bute Director or designee will assign a mandatory vacation
period equal to the employee's current accrual rate, notwithstanding any carryover time up to 500 hours.
Employees shall not be permitted to exchange seniority rights in the selection of vacation periods. However,
subsequent to the last payroll period of each calendar year, employees may exchange vacation periods
within their classification subject to the Director's or designee approval. Such
approval shall not be unreasonably withheld. During the vacation year, employees may use additional '
pi
044
vacation leave at the discretion of the Director or designee.
22.3. Vacation shall be taken by the last payroll period of the calendar year in which the vacation
was credited. Effective upon ratification of the labor agreement. employees shall be allowed to carryover
rive hundred (500) hours of the previous year's credited vacation.
41
TA City
TA Un in
Any evices; vacation over the five hundred (500) hours allowed carryover shall be forfeited after January
and no exceptions to the maximum carryover allowance shall be permitted absent the express written
appro+.al of the City Manager. Bargaining unit member with unused accrued vacation hours in excess of
two hundred (200) hours as of September 30, 2010, shall have those hours in excess of two hundred (200)
grand fathered and those employees with grandfathered hours over two hundred (200) hours shall be allowed
to carryover up to a maximum of those hours or to a maximum of five hundred (500) hours. whichever is
greater. Employees who have been carried on full disability the entire previous year shall be paid for all
excess vacation over five hundred (500) hours at the rate of pay the employee was earning at the time the
employee was placed on full disability. Han employee is unable to take a previously authorized vacation
due to cancellation by the Department Director or designee, any hours in excess of the five hundred (500)
hours which would have been forfeited shall be paid on or about January 1, at the employee's hourly rate
of pay.
22.4. Vacation shall be accrued in accordance with the accrual schedule set forth Appendix B to
this Agreement (Vacation Accrual by Annual Hours Accrual Code (EC-20-22).
22.5. Other than regularly scheduled vacation, requests for additional vacation leave must be
requested twenty-four (24) hours in advance of use and shall be taken in increments of not less than one (1)&,t- 1inf
hour. Vacation leave may be granted by the Department of:' l Wa5tt. Director or designee on an
emergency basis. Should such request be denied, the employee may' only appeal such denial to the City
Manager or designee. Except for where otherwise provided in this labor agreement vacation leave may not
be used for illness. Upon an employee's retirement or separation from City service, the employee will he
paid for those vacation hours credited and earned through the employee's separation date. Vacation shall
be calculated on actual service in the previous calendar year and shall. only be taken after the completion
of six months of actual continuous service.
TA City FA Union
22.6. In those instances %there an employee requests payment of vacation hours as a result of an
emergency situation, such requests will only be considered upon submission of backup documentation.
Approval for such payment will rest solely with the Director of Department of Human Resources Director
or a designee of the City Manager.
43
TA Union
Citv's Rex ised Counter Proposals 0/3012017)
Articte 23
SHIFT DIFFERENTIAL
23.1., A night shift differential or'$.?Q per hour will be paid to bargaining. unit employees \vho work
a regular established shift between the hours of 6:00 p.m. and 8:00 a.m. However, more than one-half of
the hours of the regular established shift must be within the hours of 6:00 p.m. and 8:00 a.m.
23.2. Consistent with Section 23.1, night shift differential will only be paid for hours actually
worked during the regular shift and will not be paid for any overtime hours and will not be used to calculate
any overtime pay rate.
23.3. Night shift differential shall not be used in calculating average earnings for pension purposes.
-15
TA (Iniun
TA City
City's Revised Counter Proposals (6130/"2017)
Article 24
UNIFORMS, SHOES, EQUIPMENT
24.1. Employees are required to swear complete uniforms, and any required safety equipment in the
appropriate manner, while on duty. Complete uniforms consist of City approved shirt. jumpsuit. pants.
safety belt, hat and water resistant safety shoes.
24.2. Employees shall report to work in complete uniforms that are properly fitting, clean and neat,
and free from tears, holes. and stains. For each day an employee reports to work in a uniform that is
incomplete or in a condition not meeting the foregoing standard, ("deficient uniform"), or fails to wear
required safety equipment, the Department of Solid Waste Director or designee may discipline the
employee.
24.3. In January of each year, each full time active duty employee shall be provided uniforms at no
expense to the employee as follows: four (4) shirts, which may be tee shirts of a quality determined by
management), Four (4) pants, (or two (2) jumpsuits and two (2) pants), one (1).eold weather jacket, an initial
eta a 111 C. co vcvtc1 e- jv pi,rern4Se a FcurcF b64--e+' resP;h1lif
issue of one (1) safety belt,144 four (4) caps. In addition, as of October 1, 2010, each full time active duty 5 $�c?S
employee shall be provided one additional uniform at no expense to the employee as follows: one (1) cap,
one (1) short sleeve t-shirt, and one (1) pant. The cold weather jacket and safety belt will be replaced every
other year. Should an employee lose the issued safety belt, the employee will be issued another safety belt
and shall promptly reimburse the City the current cost of the safety belt through payroll deduction over a
period of four pay periods. New hires will be provided such uniforms within a reasonable time following
their dates of hire and if hired on or after October 1st, in any year, shall not receive a new allotment of
uniforms until the second January Iollowinv, their hire. Each uniform draw shall be recorded by the
supervisor and sitzned for by each employee. Employees who are working only part time in January, or who
return to full time duty after the month of March, shall receive such uniform(s) as authorized by the
Department eec^r;,o Wa -te Director or designee.
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24.4. Employees may purchase at their expense additional items of uniforms throughout the year.
through the City. Employees will be charged the actual cost to the City.
24.5. Employees are responsible for cleaning and maintaining their uniforms in a non -deficient
manner. If an employee fails to maintain his uniform according to this standard, the Department of Solid
Waste Director or designee may require the employee to purchase and wear replacement uniform(s) at the
employee's expense, provided that upon request of the employee and turn in of the itern(s), any uniform
shirts, pants, or jumpsuit determined by the Department of Solid Waste Director or designee, to be deficient
for reasons beyond the employee's control shall be replaced by the City at the City's expense.
2-1.6. Uniforms shall be worn by employees only while on duty, at lunch during the employee's
work shift, or when traveling directly to or from work. Employees shall not engage in any non -city work
related activity while in uniform.
24.7. Employees in those classifications determined by Management to require the wearing ofrvater
resistant safety shoes who have not already received a $125.00 voucher to purchase an initial pair of water
resistant safety shoes w ill he prop ided a $125.00 voucher for the purchase of an initial pair of water resistant
safety shoes.
24.8. When. due to wear and tear or accidental destruction, the Department of Solid Waste Director
or l-is designee determines a replacement pair of shoes is required, the City will give the employee a voucher
for $125.00 for the purchase of another pair of water resistant safety shoes. This additional $ 125.00 voucher
shall only be provided when the worn out or damaged pair of shoes is turned in to the Department. The
Department of Solid Waste Director; or Iris designee; shall provide the replacement of authorized water
resistant safety shoes on the basis of need and not on an automatic basis. The shoe allowance authorized by
this Article shall only be paid v. here an employee purchases a pair of water resistant safety shoes of a quality
is certified as acceptable by Management. Employees shall be advised of shoe models which conform to
City standards.
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24.9. Equipment provided an employee by the City will be ofa quality determined by management
and will be replaced within a reasonable time of the employee returning such damaged or non -usable
equipment to the City, when the Department of Solid Waste Director or li-i-s designee determines it is beyond
repair or otherwise no longer usable.
24.10. Employee's shall reimburse the City for the actual repair or replacement cost of lost, stolen.
or damaged City equipment when the employee's carelessness and/or negligence contributed to the loss,
theft, or damage.
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City s Revised Counter Proposals (6/30/20 l 7)
Article 25
LINE OF DUTY INJURIES
25.1. Workers' Compensation Nledical and Indemnity Benefits. To the extent required by, and
subject to the limitations specified in. Chapter 4-40. Florida Statutes. the City will provide workers'
compensation indemnity benefits to any bargaining unit member who sustains a cornpensable line of duty
injury or illness as provided by the Workers' Compensation Law of the State of Florida.
25.2. Any bargaining unit member who is disabled as a result of an accident, injury or illness
covered by Chapter 440, Florida Statutes, will be granted supplementary salary, subject to the terms and
conditions set forth below. Supplemental salary will be paid in the form of a continuation of the bargaining:
unit member's regular paycheck as provided by Resolution No. 39802. This check will include those
indemnity payments provided for under the Workers' Compensation Law.
25.3. Employees shall be eligible for supplementary pay and workers' compensation pay to the
extent that the total of such benefits shall not exceed eighty (80) percent of the employee's weekly pay prior
to the line of duty injury, accident, or occupational disease. This benefit shall take effect only after the
employee has been disabled for a period in excess of seven (7) calendar days.
25.4. Unless extended as provided below, supplementary salary will be granted for a period not to
exceed 150 consecutive days from the date of covered accident, injury or illness. Such supplementary salary
may be extended up to an additional 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.
25.5. If an employee remains temporarily disabled beyond the period of time in which he is entitled
to collect the 80% supplementary pay benefits. he shall be entitled to supplementary pay equal to 2/3 "D"
payments for the additional period ot'his temporary disability pursuant to current practices.
25.6. Ilan employee becomes permanently and totally incapacitated for the further performance of
the duties ol'his/her classified position he/she shall petition the retirement board for retirement.
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City's RcN, ised Counter Proposals (6/30/2017)
The supplementary salary of the 2/3 "D" as described abowe shall he carried by the department until the
retirement is granted or denied.
25.7. At any time during his/her absence from duty claimed to be the result of a line of duty injury
while an employee is collecting City supplementary pay, the employee shall be required, upon the request
oldie City Manager, or his designee. to submit to a physical examination by a physician designated by the
City Manager within fifteen days of the request. IF such employee, without cause, as determined by the
City Manager, shall fail to submit to the examination at the time specified, all City supplementary salary
benefits will be terminated.
25.8. Deductions:
In the event a bargaining unit member receives supplementary salary as referenced in this Article,
the City will make payroll deductions under the following terms and conditions:
Deductions required by law. "mandatory deductions," including, but not limited to, social security,
withholding and Medicare, will be made automatically to the supplemental salary portion only.
All non -mandatory deductions including, but not limited to, a bargaining unit member's pension
contribution', medical, life and other insurance contributions, and all other non -mandatory and voluntary
deductions will be made by the City on the bargaining unit member's behalf only to the extent that sufficient
funds are then available. The City will not make any non -mandatory and voluntary deductions if the
combined workers' compensation benefits and supplementary salary are insufficient to cover the amount of
the deduction(s). If there are not sufficient funds available, the bargaining unit member will be responsible
for making payments for the non -mandatory and voluntary deductions directly to those providers and
creditors who would have otherwise been paid through the City's payroll deduction process.
The parties agree that this process is intended to provide the employee with these paychecks without
interruption of payroll and payroll deductions on a biweekly basis.
I -Ihe amount of the pension contribution shall he bused on `earnahle compensation" as ill fine by Miami Code
Section 40-191
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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 swage for the
purposes of making regular deductions. the Workers' Compensation check will be distributed separately
through the third party administrator and the City will only pay the supplemental wage minus federally
mandated deductions. i.e. withholding. social security and Medicare. All other non -mandatory deductions.
including pension, medical, life and other insurance contributions and all other non -mandatory and
voluntary deductions will not be made and the bargaining unit member will be responsible for making all
payments directly to those providers and creditors who would have otherwise been paid through the City's
payroll deduction process.
For any reason, should any calculations or deductions made based on the above protocols result in
the employee owing money to the City. Risk Management will audit the employee's payroll process
immediately upon the discovery of monies owed to determine why such arrearages occurred. The findings
will be immediately brought to the attention of the employee and a resolution will be proffered and
arrangements will be made to rectify monies owed.
No supplementary pay will be paid on a claim and/or injury that arises out of a purposeful act
performed by a bargaining unit member that causes harm to self or another.
25.9. Nothing in this section shall be construed as a waiver of the City's rights under applicable
state law.
25,10 Based on operational needs and x%ithin the discretion of management, employees may be
assigned light or modified duty .\ hen practicable. An employee assiguned to light or modified duty niay be
assigned to any department tiv ithin the City based on operational needs as determined by management.
Li.dit or modified duty assignments nlal end at any time, but in any event shall not exceed six (6) months
in duration. An employee assigned 1iuht or modified duty shall receive their regular pay during such
assiLm lent. and any step/anniversary increases shall be delayed by the same number of 14orking days in
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the light or modified duty assi ment. An employee assigned Iight or modified duty shall not be eligible
for supplemental salary- as provided for in this Article. Article 7 shall not apply to this section.
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C ity's Revised Counter Proposals (6/ 30;2017)
Article 26
WORKING OUT OF CLASSIFICATION
26.1. The Department of Solid Waste Director-- or designee in his/her sole discretion may direct an
employee to work in an acting. capacity in a higher classification other than the one to which the employee 4s.
is permanently assigned. due to absence or vacancy.
26.2. To be eligible to work an acting assignment in a higher classification, the employee must hold
permanent civil service status and complete the Department's basic training course for the classification to
which the employee will be assigned, possess the federally required valid commercial drivers' license
(CDL) and any required endorsements,- have satisfactorily' demonstrated acceptable work habits and
job performance aka meet Tek.. fr!.1111..im r ~llil� d> ttLati; }�vc tt.t-ch.:11 71- icc:60.'1, fPTfzrtYe tc:L fir^
Sd C'hi: 4. ill d f'i � cri 'TC .*' eidArric jve i s."f � e. 1140i �c'ril L�"1 � l,a.' it C 7��t[t '" f s'e' Zl � d t� ll� Pep( 'I '44'1'4
26.3. Once an employee is determined by the Department of Solid Waste Director or designee to
meet the criteria for working out of classification as specified in Section 26.2, the employee may be assigned
to the higher classification based on seniority of classified service with the City for the period of time
determined by Management. Any employee who has been suspended for either vehicular accidents or
absenteeism shall be ineligible to continue working out of classification. The eligibility to work out of class
will be restored once the employee has been free of a vehicular accident or instance free for six (6) months
and his/her most recent performance appraisal is considered satisfactory.
In order for an employee to receive working out of classi fication pay, the employee must have been
temporarily assigned to one of the follow ing particular classifications for the specified period of time:
Waste Collector. Operator I - 30 work days
Waste Collector Operator II (Garbage) - 30 work days
Waste Collector Operator II (Sweeper) 30 work days
Waste Equipment Operator 30 work days
ask (611eciie r — 30 tote—
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Once the employee has been wworkinig out ofclass for more than the period of time specified herein.
the employee will be paid an increase of one (1 1 step above his/her normal base pay for all hours worked
in the higher classification beyond the work days as specified above.
Those qualified bargaining unit members who satisfactorily demonstrate acceptable work habits
and job performance and who worked out of classification a minimum of 1040 hours in a specific position
shall not need to re -qualify for that specific position worked out of classification. Additionally, when a
bargaining unit member works out of classification for 1040 hours in a specific position, that employee will
receive a one (1) step increase in wages without having to wait the specified period of 30 work days as
stated in this section. Grievances related to working out of classification issues are only appealable through
the grievance procedure and not the Civil Service Board.
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City's Second Revised Counter Proposals (7 20 2017)
Article 27
GROUP INSURA`CE
27.I. 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.
The SPD, in accordance with the Department of Labor requirements, shall be distributed to all current and
new participants of the Plan.
27.2. The City agrees to pay SS.08 per eligible bargaining unit member per pay period to the union
within sixty (60) days or less after ratification upon termination of the existing life insurance contract to
provide life insurance coverage in the amount of S35,000.00 and accidental death and dismemberment
coverage in the amount of S70,000.00. The Union, as of February 2007, has secured a three year rate
guarantee from the provider, Mutual of Omaha Insurance Company. The Union agrees to continue to secure
life insurance and accidental death and dismemberment coverage for all the eligible bargaining unit
members throughout the term of this contract and agrees to provide policy and rate documentation to the
City at the City's request.
27.3. Medical/Vision:
The City currently offers medical, dental, prescription drugs and vision benefit plans through a self
- funded plan in which all bargaining unit members, upon obtaining eligibility, may enroll,
to wit:
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Medical/Vision Cigna Network
Dual Choice/POS Cigna Network
Dental DI-IMO - Cigna / DPPO - Guardian
EAP Cigna Health Care
The City may change the vendor(s) for anv of its self -funded benefit plans at anv time. Any other plan
design changes must be agreed to by the parties prior to implementation.
It is agreed between the parties that as of January 1, 20152018, 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. 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, 20152018, (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:
Singgle
Single + spouse
Single + Children
Plan Year 20152018: Dual Choice/POS (Cost of coverage shown bi-weekly)
Employee City
$40.55 S 197,97
S89.21 S435.54
$75.01 S36625
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City's Second Revised Counter Proposals (7;20 2017)
Family
S115.56 $564.22
As there are frequent and rapid changes in health care costs, it is understood and agreed between
the parties that any changes in contribution amounts will be made based on the annual calculation of
theoretical premium. It is agreed that should theoretical premium costs increase at a rate higher than the
projections used to establish the employee contributions above (projection used is 10% increase in total
premium each year), then those employee contributions shall be adjusted to reflect the increase and shall
be effective at the beginning of the Health Plan Year. Likewise, should the theoretical premium cost
decrease more than the projections used to establish the employee contributions stated above, those
employee contributions will be 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 and Dual Choice/POS plans. It is a self -funded plan administered by Cigna Health Care and
consists of the current benefit:
Cigna Pharmacy Retail Drug Plan:
$15 per 30 day supply for generic drugs
$40 per 30 day supply for preferred brand name drugs
$60 per 30 day supply for non -preferred brand name drugs
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50% of drug cost per 30 day supply for self-administered injectables (e.g.
injectable drugs used to treat rheumatoid arthritis, hepatitis C, multiple
sclerosis, asthma).
Cigna Tel Drug Mail Order Drug Program:
SO (No Charge) per 90 day supply for generic drugs
$50 per 90 day supply for preferred brand name drugs
$120 per 90 day supply for non -preferred brand name drugs
50% of drug cost per 90 day supply for self-administered injectables (e.g.
injectable drugs used to treat rheumatoid arthritis, hepatitis C, multiple
sclerosis, asthma).
Since prescription drug costs are a major component of the health plan and arc subject to significant annual
cost increases, the City and the Union agree to evaluate and measure pharmacy benefit total costs and
evaluate best practice strategies to manage the pharmacy benefit. Any changes in the pharmacy benefit shall
be mutually agreed to by the City and the Union.
Dental:
Dental premium rate may be adjusted annually upon the City receiving notice from the dental
providers. Employees will be notified of the adjustments in the dental rates during open enrollment. In
accordance with current practice. when employees choose to be covered under the City's dental plan, the
employee will continue to pay the dental premium.
Employee contributions: In accordance with the City's Cafeteria Plan group health premiums will
be paid by the bargaining unit employee with pre-tax dollars.
27.-I. 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 1907, one member from AFSCME 871, two members appointed by the City Manager and one
picked by mutual agreement of the Unions and City Manager. The Group Benefits Coordinator shall serve
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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.
• Evaluate and measure our pharmacy benefit total costs and fully assess the costs from our
pharmacy benefit manager (PBM) vendors.
• Identify proven strategies to more effectively provide prescription benefits, and obtain
vendor (PBM) administrative savings to successfully manage this important benefit.
• Make recommendations to the City Manager to reduce health expenditures while
maintaining a quality health plan at an affordable cost and which improves the health of
employees and dependents.
• Review employee complaints and remedy situations concerning claims so long as the
decision does not change or impact current benefits. This is intended to reduce the need for
the grievance procedures; however, the bargaining unit member does not waive his/her
right to file a grievance should the committee's remedy not be satisfactory to the employee.
• Review and update the Summary Plan Description (currently titled City of Miami Life and
Health Benefits) Any and all other health care and wellness issues identified by the
60
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above.
City's Second Revised Counter Proposals (7/20/2017)
Committee as promoting initiatives to improve the health of employees and dependents
while maintaining a quality health plan.
The Committee shall meet monthly or as soon as practicable to commence initiatives outlined
27.5 The Union may explore the possibility of establishing its own group insurance plan that will
consist of medical, vision, prescription, FAP, and dental coverage.
Article 28
HOLIDAYS
28.1. The following days shall be considered holidays:
New Year's Day Columbus Day
President's Day Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Friday after Thanksgiving
Labor Day Christmas Day
Martin Luther King, Jr. Day
28.2. Any additional holidays declared by official resolution of the City Commission shall be added
to the above list.
28.3. All full-time employees, performing work on any of the above holidays, shall at their
discretion be paid eight (8) hours or ten (10) hours holiday pay depending upon their assigned work
schedule at straight time plus an additional eight (8) or ten (10) hours of straight pay corresponding to their
assigned shift regardless of the hours actually worked as an incentive for working the holiday or shall be
given compensatory time at their straight time rate.
28.4. In order to be eligible for holiday pay, the employee must be in pay status (excluding
unexcused absences) the full working day preceding and the full working day following the subject holiday.
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28.5. It is recognized that by working the holidays, the City will increase the cost of operating the
Garbage Collection System within the Department and that the Administration will be balancing the
collection routes, reviewing the utilization of staffing and the organizational delivery of the sanitation
services to the citizens of Miami. The employees of the Department recognize that this is a necessity if we
are to deliver sanitation services to the citizens of the City of Miami consistent with funds available to the
Department.
28.6. All conditions and qualifications outlined in ARTICLE 21-OVERTL` LE/COMPENSATORY
TIIME/CALL BACK PAY shall apply to this Article. Hours of compensatory time accumulated under this
Article, when added to the compensatory time earned under ARTICLE
2l-
OVERTIME'COMPENS ATORY TLMEICALL BACK PAY shall not exceed two hundred (200) hours.
28.7. Employees assigned to the Trash Division, Recycling, and Street Cleaning shall work on all
holidays where employees assigned to the Garbage Division are working.
28.8. All holidays specified above shall be designated as non -working holidays unless the City
Manager or designee determines otherwise.
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Article 29
RESERVED
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Article 30
SI('h: LEAVE
30.1. The parties agree that care and discretion shall be exercised by Management and the Union
in order to preNent the abuse of sick leave privileges. To determine the reasons for an employee's absence
on sick leave. the employee's immediate supervisor or a management designee may visit the home of the
employee on sick leave with pay. In cases where Management suspects that an employee is malingering.
sick leave with pay shall not be granted.
30.2. Effective the first month following ratification of the labor agreement, bargaining unit
employees may shall accrue eight (8) hours sick leave per month, provided that the employee is in pay
status at least one hundred twenty (120) hours per month. Such sick leave is to be utilized in one (1) hour
increments.
30.3 To receive sick leave with pay, an employee must notify his/her immediate supervisor, or
other person designated by the Department to receive such notice, of illness within fifteen (15) minutes
prior to the time the bargaining unit member is scheduled for work. It shall be the employee's responsibility
to notify the department each day the employee will be out ill within the time frames attained above.
30.4. Any employee absent on sick leave for more than three (3) consecutive work days must report
to the Department of Human Resources Department for approval before returning to work.
30.5. All bargaining unit members covered by this Agreement shall upon honorable separation from
employment or after retirement be paid for one hundred percent (I 00%) of accumulated sick leave up to
seven hundred fifty (750) hours and fifty percent (50%) of accumulated sick leave above seven hundred
fifty (750) hours.
30.6. Bargaining unit members with accumulated sick leave balance 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 grand fathered.
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A bargaining unit member's maximum sick leave carryover from calendar Near 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 grandfiathered 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 N.vith unused accumulated sick leave hours in excess of
the maximum carryover at the end of the year shall be paid for one hundred percent (100%) of the unused
portion of their accumulated sick leave in excess of the maximum carryover.
30.7. Payoff for accumulated sick leave shall not be used to calculate average earnings for Pension
purposes.
30.8. An employee who is terminated or who opts for resignation after being informed of the
Department's intent to terminate the employee shall not receive compensation for unused sick leave upon
separation from service or retirement. Sick leave conversion shall not occur upon an employee's separation
or retirement from the City.
30.9. Bargaining unit members shall be eligible fora sick leave cash bonus incentive of one hundred
twenty-five ($125) dollars. In order for the employee to receive such incentive, the employee must not
utilize any sick leave, and be active and in a full paid status during the payroll calendar year. In addition,
bargaining unit members who qualify for the sick leave incentive cash bonus, as described herein, shall
receive eight (8) hours of commendation paid leave. A bargaining unit member will receive an additional
one hundred seventy-five ($175) dollars sick leave cash bonus if at least one hundred (100) bargaining unit
employees qualify for the sick leave cash bonus incentive. Such bonuses shall be subject to applicable
federal taxes. but shall not be included for calculating pension.
64
Article 31
BEREAVEMENT - DEATH IN FAMILY
31.1. Any employee covered by this Agreement may, in the case of death in the immediate family,
be authorized up to a maximum of forty (40) hours of paid leave per occurrence to arrange and/or attend
the funeral of a member of the employee's immediate family or to attend to the personal affairs of the
deceased. Said paid leave days shall be taken consecutively by the employee, excluding normal days off
and holidays. For purposes of this Article, the immediate family is defined as father, mother, sister, brother.
husband, wife, domestic partner, children, father-in-law, mother-in-law, grandparents, spouse's/domestic
partner's grandparents, and stepfather and/or stepmother if they have raised the employee from infancy
regardless of place of residence, and may include any other person who was an actual member of the
employee's household for ten (10) or more years. Within thirty (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 forth provided by the City and
submitted to the Department of Human Resources. Failure to produce the death certificate will result in the
employee reimbursing the City for any claims taken under this Article. Any employee found to have
falsified his/her application for a death in the family will be dismissed.
31.2. It is understood that under certain circumstances the employee will be unable to obtain a death
certificate. In this event, in lieu of a death certificate, the employee shall submit any other documentation
that reflects the death and family relation as deemed appropriate by the Department of Human Resources
Director or designee
31.3 Bereavement leave is for attending a funeral or to attend to estate issues or for being in a state
of bereavement and must be taken wwithin 45 days of the death of the family member. The Director of
Human Resources Director or designee. at his/her sole discretion. can make exceptions to the 45 day limit
under truly unique circumstance_ but the decision is final and cannot be appealed through the grievance
procedure or any other forum.
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Article 32
BLOOD DONORS
32.1. Employees «ho volunteer as blood donors to contribute to an on -site City supported Blood
Donor Organization will be authorized the paid absence necessary to accomplish this purpose. The Blood
Donor Oritanization's personnel will determine what amount of time the donor will need from the point of
donation till the time the employee is released to go back to work.
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Article 33
JURY DUTY
33.1. Employees shall he carded on leave of absence with pay for actual working time lost When
called to serve on jury duty. Such employees shall be paid at their regular hourly rate for all working time
lost up to the number of hours they are regularly scheduled to work each week. Employees who complete
jury duty shall report back to work during their regular work schedule or shall forfeit the City compensation
for jury duty for the day or days in question.
33. 2. In consideration of receiving their regular pay, employees called to serve on Jury Duty shall
promptly notify their supervisor of the call to Jury Duty. The supervisor shall make a copy of the summons
to Jury Duty and forward said copy with the payroll sheets for the week in which the employee is on Jury
Duty.
Employees who serve as jurors for Federal Court shall have deducted from their paycheck a Jury
Duty fee equal to that compensation paid to the employee by the Federal Court in their jurisdiction per day
in the payroll period following the week in which the employee was on Jury Duty.
Employees w-ho serve as jurors for State and County Court shall not have Jury Duty fees deducted
for the first three (3) days of juror service. Employees who serve more than three (3) days of Jury Duty
shall have deducted from their paycheck a Jury Duty fee equal to that compensation paid to the employee
by the State or County Court in their jurisdiction.
Any changes by the Courts in the above fees shall be reflected in the employee's paycheck as they
occur.
33.3. Attendance in court in response to legal order or subpoena to appear and testify in private
litigation not in connection w ith an employee's official duty. but rather as an individual, shall be taken as
vacation. compensatory leave, or leave of absence w ithout pay.
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Article 34
FAMILY LEAVE AND LEAVE WITHOUT PAY
34.1. Effective upon ratification by the parties of the labor agreement. bargaining unit employees
shall be eligible for leave without pay in accordance with the Family and Medical Leave Act of 1993. Such
leave is provided under the law for the birth, adoption or foster care of a child and for a serious health
condition of the employee or the employee's spouse, child, parent or grandparent, eligible deployment/
return from deployment rights or any other FMLA eliuible event.
34.2. Upon approval of the Department of Solid Waste Director or designee, with the approval of
the City Manager or designee, a leave without pay may be granted for education or any other acceptable
reason.
Education: A leave without pay may be granted for the purpose ofentering upon a course of training
or study calculated to improve the quality of the employee's service to the City through course work directly
related to the employee's job, for a period not to exceed six (6) months. The request for leave without pay
may be extended for an additional six (6) months upon the approval of the Department of Solid Waste
Director or designee and approval of the City Manager or designee,
Any bargaining unit employee requesting said leave of absence shall be required to submit evidence
of registration upon entering each quarter/semester of school.
Acceptable Reason: A leave without pay may be granted for an acceptable reason other than
specified herein, for a period not to exceed ninety (90) days, Approval for said leave of absence without
pay is at the sole discretion of the City Manager or designee or D++ector of Human Resources Director or
designee, and shall not be appealable to the Civil Service Board or the grievance procedure.
34.3. Bargaining unit employees who desire to take a leave without pay in accordance with this
Article (excluding serious health condition) must use all vacation and anv other time accrued in leave banks
prior to taking a leave without pay. A request for leave +without pay for a serious health condition as provided
rrnder the Family- and Medical Leave Act shall require the bargaining unit employee to use all sick, vacation
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and an other time accrued prior to taking such leave. The usage of such leave time wiIl not prevent the
employec from taking leave without pay as specified herein,
34.4. Bargaining unit employees who take a leave without pay for an reasons specified in this
Article shall not accrue leave time during periods of leave N1ithout pay. At the expiration of a leave of
absence without pay, the bargaining unit employee shall be returned to the same or similar position vacated
when said leave of absence without pay was granted in accordance with the provisions of the Family and
Medical Leave Act. Leave of absence without pay during the required probationary period of service shall
extend the probationary period the length of time used during the said leave of absence without pay.
34.5. 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.
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Article 35
INCARCERATEI) E\IPLOV EES
35.1. The follow im. procedures shall apply to employees who have been arrested and/or
incarcerated.
Dt:k\C\V
I l Incarcerated employees must notify the asrc: ithin three (3)
days from the day oldie incarceration.
1 When \lanafgement is made aware of a permanent employee's incarceration, the
department wi]1 contact the arresting agency for verification of the arrest record.
�) lithe incarceration occurs during the permanent, employee's scheduled yvork shift,
the employee may request the use of his or her available vacation time,
compensatory time or earned personal leave time, not to exceed ten (10) work days.
If the employee has not presented himself/herself ready for work in ten (10) work
days, the employee will be presumed to have resigned.
4) Should the arrest of the employee be of so severe a crime or heinous in nature
Management after an administrative investigation and consultation with the Union
President, employee Union representative or his/her designee may suspend the
employee without pay until adjudication of the case.
5) lithe employee wins his or her case, Management is not precluded froin reinstating
the employee or taking administrative action arising out of the arrest and trial
consistent with applicable rules and regulations.
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Article 36
WORK INCENTIVE PLAN
36.1. 1t is agreed between the parties that bargaining unit personnel assigned to the Garbage,
Recycling, Street Cleaning, and Trash Collection Divisions may be placed on an incentive basis whereby
once the a si •zned route is completed and has been certified by the Department-e-f Solid Waste Director, or
desi(2nee, as being completed, the applicable personnel may be relieved from their tour of duty for the day.
The City reserves the riglft to require employees to work the full shift based upon the needs of the
department.
The City and the Unison will co -develop an incentive plan which will improve the current incentive
plan for the personnel assigned to the Trash, Garbage, Street Cleaning, and Recycling Divisions. On an
annual basis. the Solid Waste Director or desi_,nee, in cooperation with the Union, shall conduct a review
of routes to ensure that employee assignment; are balanced and efficient. The Union shall be provided with
an opportunity to review all route chant s fourteen (14) da}s prior to the implementation of any route
changes.
36.2. It an assigned route has not been satisfactorily completed as determined by,MIanagenientprior
to the end of the normal assigned work day. the employees shall be required to complete the route on the
same day. There will be no call back pay if the employee has left the yard pursuant to Article 21, Call Back
Pay, of this A<treement. Failure to complete the route in a timely manner may result in disciplinary action.
36.3. Should the Departftient tlf Solid Waste Director or designee determine the Work Incentive
Plan in its entirety or in part is detrimental to the efficient operation of the Department, all or that portion
of the Work Incentive Plan deemed to be inefficient may be discontinued or modified upon notice to and
consultation with the Union.
36... The Management of the Solid Waste Department shall designate and have the right to change
the starting_ tunes of all work assignments.
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The following, starting tinges will apply hence forth. Should Management desire to change said
starting times. they will notify. the Union fourteen (14) calendar days prior to the change of shift time.
Recycle Roll Call 7:00 a.m.
Garbage. Roll Call 6:15 a.m.
Trash Roll Call 7:00 a.m.
Street Cleaning Division 7:00 p.m.
White Wings 7:00 a.m.
Specifically excluded from the fourteen (14) calendar day notice period are temporary changes of
hours or days off necessitated by special events, civil disturbances, acts of God and other emergency
conditions.
36.5. Should the Union disagree with any change of shill time, the Union President or designee
shall advise the Department c-f Solid Waste Director in writing. If the disagreement over the schedule
change is not resolved, the dispute may be appealed to the City Manager or designee whose decision will
be final and binding upon the parties. This decision will not be subject to the grievance procedures contained
herein or of any other administrative review.
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Article 37
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
37.1. In an effort to identify and eliminate on duty controlled substance/alcohol abuse,
urinalysis/evidential breath test (evidential breath tests (EBT) shall be utilized solely for testing alcohol
content) shall be administered as provided herein:
A. To an employee or prospective employee as a part of a scheduled physical
examination.
B. To the driver of any City vehicle that is determined to be at fault of an
accident when operating City -owned equipment while on duty. or while
driving on City premises.
C. If driver, while on duty, operating City -owned equipment, is at fault For
damaging private or public property, then a management representative with
the classification of Sanitation Supervisor or above, must determine that
there exist reasonable belief, based upon objective factors, that the employee
is under the influence of alcohol.
D. Where a management representative with the classification of
Sanitation Supervisor or above has a reasonable belief based upon objective
factors that the employee(s) has possession or is using, dispensing or selling
any illegal drug or controlled substance not prescribed by a licensed
physician.
E. Where a management representative with the classification or Sanitation
Supervisor or above has a reasonable belief, based upon objective factors.
that the employee is under the influence of alcohol on duty.
F. Randomly based on a pool of al l employees.
G. As part of the CDI_ program as detailed by that current program's
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requ i remen ts.
H. Bargaining unit members tested in accordance Nvith this article shall be placed on
administrative leave with pay pending the results of the substance/ alcohol test. In the
event that the results of the any substance/alcohol test are positive. the bargaining unit
member shall no longer be eligible for administrative leave with pay and shall be subject
to discipline/discharge in accordance with section 37.18 below.
37.2. All positive tests for a controlled substance will be confirmed by Gas Chromatography/Klass
Spectrometry (G.C.Iv1.S.) or better testing. When a sample is taken under any of the above circumstances,
a portion oldie initial sample shall be retained for a second test should either management or the employee
request same. Testing procedures shall be performed at a reliable state licensed clinical laboratory.
37.3. Employees shall give a urine sample (EBT for testing alcohol content) at either a hospital or
State accredited testing lab as chosen by the City. Tests by a laboratory other than a laboratory selected by
the City, as provided in this article shall not be permitted as evidence in any arbitration or civil service
hearing.
37.4. Management will notify the Union either by telephone, facsimile, or email
prior to an employee is to be tested.
37.5. If a drug tested employee wishes a second testing of the original sample
taken. the following procedures will apply:
A. The employee has twenty-four (24) hours after Ile or she or the Union is notified
of a positive drug test to request a second test of the remainder of the original
sample. Said right for the second test shall expire after twenty-four (24) hours.
B. The second drug test will be performed at the same laboratory on the remainder
of the original sample.
C. NADA rules and regulations with the exception of the levels provided for in this
Agreement will apply to the tests conducted.
D. All costs arising out of the request for the second test will be paid by the employee
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requesting same if second test conies back positive. Such payment if necessary may he
deducted from an employee's paycheck.
37.6. Ilan employee is ordered hack to duty for testing. the provisions of Article 21
Overtime/Compensatory. Time/Call- Back will apply.
37.7. Where a bargaining unit member alleges that an order made under this Article is not consistent
ith the criteria cited herein, he/she shall comply with the order, and may simultaneously the a protest with
the communicator of the order. Refusal to submit to a request for an alcohol or drug test under this Article
shall be grounds for dismissal. Disputes arising out of such orders that results in discipline shall be
arbitrable under the Grievance Procedure of this Agreement.
37.8. The employee(s) shall not be disciplined until a positive test result is communicated to the
City. However, if the employee's conduct in connection with the substance/alcohol abuse amounts to
conduct for which the City may otherwise discipline the employee, the City may take action prior to learning
of the test results.
37.9. Once the Depaiinient has determined that an employee is to be tested, the employee will be
placed on administrative leave with pay until such time the employee returns to work after random
substance testing as provided below, is returned to work as a result of a negative test, enters rehabilitation
as provided herein, or is disciplined or discharged. Employees selected for random substance testing shall
give a sample as set forth in 37.3, and shall then return to work for the remainder of their shift unless
otherwise instructed by the City.
37.10. The Union will be advised of passed or failed tests to the extent that the releasing of such
data is consistent with Federal or State laws. if the individual involved wants his test results released to the
Union.
REHABILITATION!
37.11. In the event that the results of any substance/alcohol test are positive, the following criteria
giII appl}:
A. The employee at his/her own cost shall_ v. ithin seAenty-two (72) hours of the
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positive test notification, exeludin`g weekends and holidays, enter and remain
in a substance/alcohol program approved by the City and the Union until the approved
program administrator- is able to state that the employee has successfully completed the
program. If the employee fails to enter the approved substance/alcohol program .within
seventy-two (72) hours, the employee will be terminated. While in the program, the
employee will be allowed to return to work if the program administrator approves; if not,
the employee may continue using compensatory leave, vacation time, and sick leave time
until the program administrator approves the employee's return to work. Once the
compensatory leave, vacation time, and sick leave time are exhausted, the employee will
be carried Authorized Leave Without Pay and will not be eligible to receive donated time
from other employees regarding absences due to rehabilitation pursuant to this section..
Employees shall not be permitted to work in drivers' positions until the employee has
successfully completed the program, If the employee fails to complete the program, he or
she will be dismissed. If the employee is rehabilitated, as determined by the program
administrator, the employee shall be allowed to return to work.
B. If relieved of duty, the employee will use all of his/her compensatory leave, vacation time,
and sick leave time. Once the compensatory leave, vacation time, and sick leave time are
exhausted, the employee will be carried Authorized Leave without pay.
C. If the employee fails to enter, participate in and/or successfully complete the program,
including any aftercare program, the employee shall be terminated from his/her
employment with the City.
D. Employees who successfully complete the program and are cleared to return to work by
program administrator, shall be subject to random drug/alcohol screenings by the City for
a period of two (2) years from the date the employee returns to work.
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37.12. the Omnibus Transportation Employee Testing Act (OTETA) of 1991 shall apply to all
bargaining! unit tmploces No fall Nkithin the definition of covered employees as described within the Act.
The provisions of this Article shall be followed to the extent they do not violate the Act.
37.13, The tcstinx laboratory shall be licensed by the State of Florida as a clinical laboratory,'
specializing in the analysis of body fluids for drugs and alcohol.
37.14. Saicl laboratory must have a licensed clinical laboratory director currently licensed by the
State of Florida. Further, technical staff must be licensed by the State and said personnel shall include a
licensed supervisor.
37.15. The State of Florida inspects such toxicology labs and the lab utilized must have a track
record of having passed and continue to pass the inspections as required by the State of Florida.
37.16. Participation in the College of American Pathologists Proficiency Testing Program is a
desirable qualification of the testing laboratory. Said lab licensed directors should have experience in
spectroscopy toxicology and drug analysis. Such experience should be supplemented by formal education
and appropriate lab work for a minimum of 10 years.
37.17. For CDL License Operators, all EBT's (Evidential Breath Test) with an alcohol content level
of 0.04 or greater shall be considered a positive test result. Non-CDL License Operators' EBT's (Evidential
Breath Test) with an alcohol content level of 0.08 or greater shall be considered a positive test result.
DISCIPLINED OR DISCHARGED
37.18. In the event that the results of any substance/alcohol test are positive, the following
progressive discipline will apply:
A. First Offense: Ten (10) days suspension and mandatory rehabilitation.
B. Second Offence: Dismissal.
C. A driver that is determined to be at fault as a result of the Citv's investigation or the
Accident Review Board for damaging private or public property is subject to
progressive discipline pursuant to Article 16 of the Disciplinary Procedure.
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37.19. An enitplo\ee who is terminated for failure to meet the requirements of rehabilitation as
described herein. w ho tests positive for a second offense for controlled substance or alcohol during, or
after the rehabilitation period shall have no appeal rights through Civil Service, the {grievance procedure or
anv other forum.
INITIAL TESTS - URINE
37.20. The initial testing, shall use an immunoassay method which meets the requirements of the
Food and Drug Administration for commercial distribution.
37.2I. The following cutoff concentrations shall be applicable to determine whether specimens are
negative or positive for the following drugs or classes of drugs utilizing the initial test procedure:
Initial Test Level (neml)
Cannabis (Marijuana)
Metabolites 50
Cocaine Metabolites 300
Opiates -Metabolites
Morphine 2000
Codeine 2000
6-Acetylmorphine (Test when
the morphine concentration
is greater than or equal to 2000 ng/ml)
Phencyclidine 25
Barbiturates 300
Benzodiazepine 300
Amphetamines
Amphetamine 1000
Methamphetamine 1000
Methaqualone 300
Methylene d ioxymethamphetam ine
(MDMA) (Ecstasy) 500
Methylenedioxyarnphetamine
(iv1DA/I ce) 500
Flunitrazepam (Rohnyol)
(Roofies) 300
Designer Drugs: Unless specified with cutoff concentration levels, wvill be
determined by the A«ency for Health Care Administrations (AHCA) if standards
exists. or industry standards if no existing AHCA standards.
CONTIRNIATORY TEST- URINE
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37.22. All specimens identified as positive by the initial test shall be confirmed using gas
chromatography /mass spectrometry- (GCS/MS) techniques. GCS/MS confirmation procedures at the
ing cutoff concentration shall be used for the following drug:
Confirmatory Test Level (nvu,ml)
Cannabis (Marijuana)
Metabolite
20
37.23. For all other drugs listed below, the confirmatory test shall detect the confirmed presence of
the substance. The laboratory rnust be prepared to provide evidence from its quality control program to
prove its capability of detecting such substances.
Confirmatory Test Level (ng/ml)
Cocaine Metabolites 150
Opiates Metabolites
Morphine 2000
Codeine 2000
b-Acety]morphine (Test when the
morphine concentration is greater
than or equal to 2000 ng/m] 10
Phencyclidine 25
Amphetamines:
Arnphetamine 500
Methamphetamine 500
Barbiturates 250
Benzodiazepine 250
Methaq ualone 150
Methylenedioxymethamphetamine
(MDN1A) (Ecstasy) 500
Methylenedioxyamphetamine
(M DA/lce)
Flunitrazepam (Rohnyof)
(Roofies)
500
300
These concentrations are subject to revision with changes in convention or technology. The
laboratory- must be able to document its performance at the cutoff level by the use of quality control. both
open and blind.
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37.24. Proper chain of custody controls shall always be enforced during drtig!alcohol testiit4,.
Authorized technicians shall sign the chain of custody torn] and be responsible for each urine specimen t0
he tested. The laboratory shall include sufficient safe .uards to ensure that unauthorized personnel are
pre'clued from gaining access to the laboratory.
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Article 38
PREVAILING BENEFITS
38.1. 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.
38.2. Provided, however, nothing in this Agreement shall obligate the City to continue practices or
methods which are unsafe, obsolete, inefficient or uneconomical.
38.3. lithe City desires to change such job benefits, the matter shall be negotiated between the City
and the Union in accordance with Chapter 447. part 2, Florida Statute.
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Article 39
ENTIRE AGREEMENT
39.1. This Agreement, upon ratification, constitutes the complete and entire Agreement between
the parties, and concludes collective bargaining for its term.
39.2. The parties acknowledge that during the negotiation; which resulted in this Agreement, each
had the unlimited right and opportunity to make demands and proposals with respect to any subject or
matter not removed by law from the area of collective bargaining, and that the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement. Therefore, the City and the Union for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively
with respect to any subject or matter referred to, or covered, in this Agreement, or with respect to any
subject or matter not specifically referred to, or covered, in this Agreement, even though such subjects or
matters may not have been within the knowledge or contemplation of either or both of the parties at the
time they netLtiated, or signed this Agreement.
39.3. Such Agreement precludes the initiation by the Union of any municipal legislation which
would result in the alteration or cost increase of the benefits agreed to in this Collective Bargaining
Agreement or to increase the cost of other employee benefits not specifically provided for in this Collective
Bargaining Agreement.
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Article 40
PROVISIONS IN CONFLICT WITH LAW
40.1. It this Agreement or an\ provision, section. subsection. sentence. clause. phrase. or word of
this Agreement. is in conflict with any existing State or Federal law, or future State or Federal law: or with
any existing City ordinance: or with any interpretation of this Agreement made by a court of competent
jurisdiction. that portion of this Agreement in conflict with said law or ordinance or resolution. or court
interpretation of law. shall be null and void; but the remainder of the Agreement shall remain in full force
and effect with it being presumed that the intent of the parties herein was to enter into the Agreement
without such invalid portion or portions. The parties agree that this Agreement takes precedence over any
conflicting Civil Service Rules.
40.2. Notwithstanding any other provisions of this Agreement, the employer may take all actions
necessary to comply with the Americans with Disabilities Act.
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City's Rev ised Counter Proposals (6'30'2017)
Article 41
TUTION REIir•IBURSEMIENT
41.1. The Educational Reimbursement Program will encourage City employees to improve job
performance and increase carter mobility with the City by pursuing courses of -study at certified educational
institutions. The policy governing the educational reimbursement program is intended to be flexible, with
broad discretion for approval reserved to the Department of Solid Waste Director or designee and the City
Manager or designee so as to insure increasing on-the-job effectiveness of City employees. The educational
reimbursement program shall not be subject to budgetary constraints.
41.2. Any full-time. permanent City employee shall be eligible to participate in the Educational
Reimbursement Program.
-11.3. All course work must be taken at or from an accredited college, university or educational
institution approved by the City Manger or designee. Class attendance will be on the employee's own time
unless otherwise noted in the course announcement and authorized by the City Manager or designee.
41.4. Reimbursement will be limited to books, lab fees. and tuition costs up to a maximum of
$4,000 per calendar year.
41.5 To be eligible for reimbursement, the employee must successfully complete the course work
and provide evidence of successful completion to the City, Successful completion must be evidenced by a
grade of "C" or better.
41.6. Procedures for reimbursement will be as follows:
A. The employee must obtain three (3) copies of the Application for Tuition Reimbursement
form for each course from his department or the Department of Human Resources
Department.
B. The employee must complete the application in triplicate and submit it to his department
director prior to registration at the education institution.
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C. The Department-4 Solid 11'a:,te Director or designee will then review the application and
if approved tOrrrard the original and one copy to the Del in -lent of Human Resources
Department. If the application is disapproved, it is then returned to the employee by the
Department of Solid Waste Director or designee.
D. The Pep,..& Human Resources Department has the authority to approve or
disapprove the application. and applications not approved will be returned to the
Department of Solid Waste Director with the reason for rejection noted thereon.
41.7 1r1 the event the employee resigns or is terminated from the City within one (1) year following
completion of the course(s) for which City funds have been expended, the amount of educational
reimbursement paid to the employee will be reimbursed to the City by the employee upon termination from
the City through a deduction from his final paycheck and/or leave balance accounts.
41.8. Upon completion of the course work, the employee must submit his semester grade report
together with the book. lab and tuition fee receipts to his Department of S, rid ri'aste Director. The
Department of Solid Waste Director or designee will submit the approved application for educational
reimbursement along with the employee's semester grade report to the Finance Department who shall then
reimburse the employee for the City's share of the educational reimbursement. The Department of Solid
Waste Director or designee will advise the Depar me-n-t-of Human Resources Department of the employee's
satisfactory completion of the course.
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Article 42
PENSION
42.1 Tlie parties agree that fur 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 eEmployees' Retirement Trust, Section =0-241 through 40-290, Miami City.
Code ("GESE"). as amended, except as follows:
42.2 The parties agree that effective October 1, 2017jthe service retirement benefit for creditable
service on and alter that d.u: ;hall he equal to: for the first 20 nears of creditable sere ire, two and one-half
(2.51 percent oldie nluntller's auer.'l-e final compensation multiplied by the number of Nears of cr die:hle
scry ice. 2-0-4-4 fee-4]44 1f+rtie-n--pzt4ed; ro i€N4,e--re.v4se --[:-meet ears-t-o-44+e-e istittr-amfti-zati«3r+
f et:loth-anti-tflane.c 'eFi e4s-for-fi4lture-t111terti-aitfel+trhi-fo-1-1 )wsi
.\. Phitl--hene it elinnees for-{Wtive•empioyees-o-ver-2 'ears—(zurrently-l-}),
R. -Plait benefit clhiilfen- retired- 2+14h'Ic}1i''rfNt'r-i-5--years-(no-elii'llt'ge),
C. A-:it+i+iftti till Cl4it€W2^rk?ti2f }4�lii°�{ct+F}zflf1 -1't3
f)—Exi?erred e"-Ciank7-c'nd-Los-ses one ;-t) }ears ( ut eftl1 15).
12.3 l_.{1ertNrtst11{c"+t+l,fF L.2.�{ iFf)E:H-t-+aif?it,ill,efft:it—ie i o t:4i-tkirtic4-i1 I lee`-tk - I iirt
date"). th. -{ t+i++ irel-it-tl+aiigerwill-k-illtplttirt+ente,:#--t+r-a4l-ei.iffel+t-eii+pIoyees-w4io4+itve-not rr;ictref4
t30riittiretiretHeilt-eli14ibili? ^; deal-4tV-itN--ft{tttrr-ett19.6',ces:'Fliz-'v42Fx+iitti+ti-rtorir+al--fetiftnitttt-- Belie -shell
riot-exeettl-Sfir),040--tell+ii tll-+=priwided. ail) eit-}ploy.ec has a+r-aecftie uefit in e cu :; of s ll?N
snub+r1:F-k7+s-the-r%f ti-Ye-date-shall retain tenet-benet-tt, belt--shier-loft-ace-rue-any-additioteal-benefitsaf{tr-that
date.
42.1 BAe-KEIRO)[ pti+ r.—A la4:4«Ir beite tia+a-shall be k+*$ente •mil-en-4artuar) 1. 2013.
4-lie-l3i+akd-r Bell-ferlace-the-eiiiti+4, E)1 OP-tree,mitt.4.;i4tf lave+ilia-lave-ttk,t--iitta+t-1, d-+furl+ial
retiremet elieibilitr-a+of'thee€f'eeti4e-date-or r-e n.1 4;e:;tetl-lay-O t-itrr 1. 20I0 nil-all-empleyi.:s hired
a++t t-=tftei-tliat-date. ti+il -be-ell -ib,le ft tlie-1}.+0:..kdr-optio+t-b+it-will+t: -eli4ibli for Elie-4RJ)I'. Anvoiiie
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eI- i 1. f.`r EIE f rwaFd RO -ofJai wary 1, 20-1--3-oeitedriser--t 7t;trber _'3}}0--wlitreht-it es -not -to
enter-tine-:-Fr+ard--I { OP -rear iri+eligi-Ne-for-th Backdrop;
(a —k elisib-le-entrItlyae- bobelch -t1 Back #ry -oPtiaEt-deal l-receive-!r rnontltEy-benefit- taz,°}Y+le-en-t[-te
+tlple . ee.; iittt+al-Fttirettietst dear--(J.tt:. of-Fetireinetit-and--sepatiittion--frt?Ftt-C-fty-eiltria4-Ft- n) b i,td en -the
benefit tine t+ttt+laryze t+.t,++ICI ItTr teee+re;# ik Ite sbe`Ittid kg{ Ei-t-j-ei-np-Itlytn +}taad--retired on an earliee4Iftte
nfte-t}tEailt:tt;-ttt}rFttr}l--reEir n, `t a4i4•FIN[ity ElleAI.Hk-dre late -). In addition-, an-el-iible-entl}tt e- -I}o
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period-t`f=}tr-t-t sere+t-years,Nrrel l}-}-ebt1ie-4a [4ek-epati+-ti+mist:,elet{tlt r-FtTitl
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t )-----r+ttf,!-ye, - tre-etigible-t,retect-tine-I3atlitlrop option Ftiter-eom letin2 tme-y,-ear-of-cretli}al+le service
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elect-tine-f' Atilrep-01►t30tN}TUyt-pftl'ttslc wrttit il-4-101ill 4fit 1-?'R--trrtlte-c+t4 pit-[-dart-'--f}id+if11-i—pf10c tit 41t2
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spec ial-err ernstatltte 3a+ =tittiti�tt t+nit-nier fbeFs-w41-l-l! -e-14- b-le-tti-revolte-their Backtkop-ek-ction-ane-tiny
but-within-1-ntrontl1 of theft ele tit►tt-l10-w. ►er• it° a Llitru:liiI 1,4-t1tiit-et ttplt ee-is-ur¢nted--Ff-1ettse Etdti
periotrby-t:seEit' netlike pertltte to speciakeirtttntytillICe theeltzplt►ye ilt n,tt zliribte 1�tr hie tit}tr
BacI,ir(.,lrele tion-rep[:delft> es-are-n-iq-retl+tis'vc1-tt+-1e<t-t11e 13cI 1.clFttp �tirttl
1
TA City 1 Ai Union
Si'DN-8637644 9-2091197
87
City's Second Revised Counter Proposals (7i2012017)
( )-- -porti,'n of tile-ik++t+t.►- Irn-fayInel ti- ler-tl Ilac of -ept1- 0 y-r Aled o'‘� � t-e#igibk
fetiremznt plan--ter-IPt ii1-aeeNFclktn. e ��itd3 1t`rlc`Fitl ++
4L-5 ` Ite-enirloyee--rota i Ntttfi%tif the- DRGP is e r tkFrtt+++ated-rf -arty
reii-io-r-Etter-i !iis of l- t f; i tEie+-i+rtl+e-44RO-P sh.+ll not Ix dittktsl+etl-orirt�E�rir�if r�lr it �+ta(E� +fit=ie
Lek -DROP -egret -tort inatedral-l-peFson-rwho-are t3+:11 ref-a-track-1-ROP-�+ 41-still- li:4ibde-f f
tr 1, URA?!' :fie-1.3. F4oE ftastz G EiESE ti�l� eae .t}� Frttiot=:3l rt+lert rtl►e ina�+# enE�+ti ++t
ort:tis provision.
TA Cuy
SP Div-86376a-+29-2G977O 7
7
88
C ity 's Revised Counter Proposals (6,'30'2017)
Article 43
NIEMORANDUM OF UNDERSTANDINGS
43.1. Effective the date this A4,rcen}ent is ratified by the parties. should the City and Union desire
to enter into one or more MOU(s) or similar agreement(s) during, the life of this Agreement. such 11,1OU(s)
or other agreements) will only be binding. on the City upon signature of the City Manager or designee.
89
47ltc rl
A ity
Citv's Revised Counter Proposals 0' 30.'2017)
Article 44
ACCIDENT PREVENTION CONIIIITTEE
44.1. All vehicular accidents involving a City vehicle NvilI be reviewed by the Accident Prevention
Committee. The Accident Prevention Committee is comprised of the following five (5) committee
members: Defoftmcnt of Solid Waste Director or designee. the City's Safety Officer or Risk Management
Director. Solid Waste Safety Officer. the Union President, and another Union member. The Accident
Prevention Committee shall develop objective standards and criteria for determining how an accident could
have been prevented.
44.2. Following review of the accident, the Accident Review Committee shall, by majority vote,
determine whether the accident was preventable, non -preventable, or operational based on the facts, and
what remedial training and/or corrective measures to be taken by the driver of the vehicle involved in the
accident. Such recommendations shall be forwarded to the Director of Solid Waste Director. If the Director
of Solid Waste Director or desi17nee concludes that the accident was preventable and will result in
disciplinary action, then the decision may be grieved in accordance with Article 7, Grievance Procedure.
91}
TA Union
City's Revised Counter Proposals (6130/2017)
Article 45
SENIORITY
45.1 Seniority. for the purposes of this article is defined as the original date of hire w ith the City as
a bargaining unit employee ofAFSCNIE Local 871. and time in the employee's classification.
.45.2 Seniority shall be a factor in sr,;f. as :g promotions, and in the assignment of days off
ithin various divisions within Solid Waste. Seniority shall be the determining factor in shift assignments
and overtime (which shall be done rotationally).
45.3 On an annual basis all bargaining unit employee shall, by seniority, select their respective
assigned route within any division where their current classification is utilized. The bidding on assignments
shall be done once a Year in November.
91
1141
City's Second Revised Counter Proposals (7/20"20171
Article 46
TERM OF ACREEti1ENT
46.1. After a majority or of those bargaining unit employees voting on the question of ratification
and thereafter upon its ratification by an official resolution of the City Commission ratify -in, the Agreement
and authorizing the City Manager to sign the Agreement on behalf of the City, unless otherwise agreed to
by die parties, then the A,reerient, upon being signed by the appropriate Union representatives and the
City Manager, shall become effective at 12:00 a.m.. October 1, 201 :2017, or as otherwise provided in this
A.zreerient, wwhichever date is later. The Agreement shall continue in full force and effect until 11:59 p.m.,
September 30, 20172020.
46.2. On or before April 1, 20172020. 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.
46.3. On or about May 1, 20172020, the parties shall present each other with a list of proposals it
desires to negotiate, together with the specific language describing. its proposals.
46.4. Initial discussions shall thereafter, and no later than June 1, ' 7-2020, be entered into by the
City and the Union.
92
TA City
SPDrl-368764142)-20)7797
•
TA Union
CLASS
CODE
NUMBER
APPENDIX A
CLASS TITLE
SALARY
RANGE
NUMBER
3448 Sanitation Shop Maintenance Worker 21D
3017 Waste Collector/Garbage 19D
3020 Waste Collector/Trash 19D
Waste Collector II 20D
3 108 Waste Collector Operator I
3109 Waste Collector Operator II
3110 Waste Equipment Operator
94
20D
21D
22D
, TA
A Unicn
TA City
APPENDIX B
APPENDIX 8
Years January's (EC-15) (EC-17) (EC-10) (EC-20.22) (EC-01) (ECM) (EC_271 (EC-29) (EC-40) (EC44)
Served Crossed Fire Fire Police Solid Waste General General Support s'a1' professional Special Executive
48/52 Hours 40 Hours Civil Service Civil Service DOH-111/87
0 1 Prorated Prorated Prorated Prorated Prorated Prorated '.-:a:,_ Prorated Prorated Prorated
•
1 2 ° 140 ' 96 • 94 92 ' 94 ' 94 ' 93 ' 104 ' 160 ' 160
2 3 • 140 • 96 • 94 •
92 • 94 • 94 ' 36 r 112 163 ' 168
3 4 • 140 • 96 • 94 • 92 ' 94 • 94 36 ' 120 ' 176 ' 176
4 5 ' 140 • 96 • 94 • 92 •
94 • 94 194 ' 128 ° 184 ' 184
5 6 • 140 •
96 ` 94•
92 •
94 • 94 112 ' 136 ' 192 ' 192
6 7 • 150 ' 104 • 134 ' 100 k02 ' 114 120 ' 152 ' 200 • 200
7 8 • 160 ' 112 ' 134 ' 108 •
110 ' 114 125 r 152 ' 208 ' 208
8 9 • 170 ' 120 ' 134 • 116 • 118 • 114 • 136 ' 160 • 216 ' 216
9 10 ' 180 • 128 ' 134 • 124 ' 126 • 114 ' 140 ' 168 ' 224 • 224
10 11 • 190 ' 136 ' 134 ' 132 ' 134 ' 114 • 144 ° 176 r 232 ' 232
11 12 ' 195 ' 140 ' 154 ' 136 ' 138 ' 134 ' 143 ' 184 ' 240 ' 240
12 13 ' 200 • 144 ' 154 ' 140 ' 142 • 134 ' 152 r 192 • 240 ' 240
13 14 ' 205 ' 148 ' 154 • 144 • 146 ' 134 • 150 ' 200 ° 240 ' 240
14 15 ' 210 ' 152 • 154 ' 148 150 ' 134 • 150 r 208 • 240 ' 240
15 16 • 215 ' 156 ' 154 • 152 154 ' 134 ' 164 ' 216 • 240 ' 240
16 17 • 220 ' 160 • 174 ' 156 • 158 ' 174 ' 1,38 216 r 240 ' 240
17 18 • 225 ' 164 • 174 160 ' 162 • 174 ' 172 ' 216 ' 240 ' 240
18 19 ' 230 ' 168 ' 174 ` 164 ` 166 ' 174 176 ' 216 ' 240 ' 240
19 20 • 235 ' 172 • 174 ' 168 ' 170 • 174 ' 130 ° 216 ' 240 ' 240
20 21 ' 240 ' 176 • 174 • 172 174 CAP [1] ' 174 ' 134 ' 216 ' 240 • 240
21 22 • 245 ' 180 ' 194 176 ' 178 ' 174 • 168 • 216 ' 240 ' 240
22 23 ' 250 ' 184 ' 194 ' 180 ' 182 ` 174 ' 192 ' 216 ' 240 • 240
23 24 • 255 ' 188 ' 194 ' 184 • 186 ' 174 ' 136 ° 216 r 240 r 240
24 25 • 260 ' 192 r 194 r 188 ' 190 • 174 ' 200 ' 216 ' 240 ' 240
25 26 ' 265 ' 196 ' 194 ` 192 194 CAP r21 ' 174 ' 204 ' 216 ' 240 ' 240
26 27 • 270 ' 200 214 CAP [3]' 196 • 198 ' 174 ' 204 ' 215 ' 240 ' 240
27 28 ' 275 ' 204 ' 214 ' 200 ' 202 ' 174 r 104 ' 213 ° 240 ' 240
28 29 ' 280 ' 208 ' 214 • 204 ' 206 ' 174 ' 204 218 r 240 ' 240
29 30 ' 285 ' 212 ' 218 ' 208 ' 210 ' 174 ' 204 ' 216 ° 240 ' 240
30 31 • 290 ' 216 • 222 212 ' 214 ' 174 ' •204 ' 216 ' 240 ' 240
31 32 •
295 ' 220 ' 226 216 ' 218 ' 174 r 204 ' 216 ' 240 ' 240
32 33 ' 300 ' 224 ` 230 220 222 ' 174 ' 204 ° 216 ' 240 ' 240
[1] AFSCME 1907 employees hired on or after January 1, 1977 have a vacation accrual cap of 174 hours.
[2] AFSCME 1907 employees hired on or after January 1, 1972 up through December 31, 1976 have a vacation accrual cap of 194 hours,
NOTE: AFSCME 1907 employees hired prior to January 1, 1972 have no vacation accrual cap.
[3] FOP effective January 1, 1999. Bargaining unit members who have 29 years or more of service as of January 1, 1999 shall
continue to accrue by an additional four (4} hours per year.
i)A 0/31i
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TA Union
APPENDIX C
INDEX
AGREEMENT
APPENDIXA
APPENDIX B
APPENDIX C
ARTICLE PAGE
ABSENTEEISM & TARDINESS 17 32
ATTENDANCE AT MEETINGS/EMPLOYEE
UNION TIME POOL 9 20
ACCIDENT PREVENTION COMMITTEE 44 90
BLOOD DONORS 32 66
BULLETIN BOARDS I3 27
BEREAVEMENT -DEATH IN FAMILY 31 65
DISCIPLINARY PROCEDURES 16 30
DUES CHECK OFF 6 12
ENTIRE AGREEMENT 39 82
FAMILY LEAVE AND LEAVE WITHOUT PAY 34 68
GRIEVANCE PROCEDURE 7 14
GROUP INSURANCE 27 54
HOLIDAYS 28 60
INCARCERATED EMPLOYEES 35 70
JURY DUTY 33 67
LABOR/MANAGEMENT COMMITTEE 11 24
LAYOFF AND RECALL 19 35
LINE OF DUTY INJURIES 25 48
LOSS OF EMPLOYMENT 18 34
MANAGEMENT RIGHTS 4 10
MEMORANDUM OF UNDERSTANDINGS 43 89
NO DISCRIMINATION 14 28
NO STRIKE 5 11
NOTICES 8 19
OVERTIME/COMPENSATORY TIME/CALL-BACK 21 39
PENSION 42 86
PREAMBLE
PREVAILING BENEFITS 38
PROBATIONARY PERIOD 15
PROVISIONS IN CONFLICT WITH LAW 40
RECOGNITION 1
REPRESENTATION OF THE CITY 2
REPRESENTATION OF THE UNION 3
RESERVED 29
SAFE DRIVING 12
SHIFT DIFFERENTIAL 23
96
LzT1 /613•49
TA City
81
29
83
7
8
9
62
25
44
SICK LEAVE 30 63
SPECIAL MEETINGS 10 23
SUBSTANCE/ALCOHOL - PERSONNEL
SCREENING 37 73
SENIORITY 45 91
TERM OF AGREEMENT 46 92
TUITION REMIBURSEMENT 41 84
UNIFORMS, SHOES, EQUIPMENT 24 45
VACATION 22 41
VEHICULAR ACCIDENTS 12 25
WAGES 20 36
WORK INCENTIVE PLAN 36 7I
WORKING OUT OF CLASSIFICATION 26 52
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