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HomeMy WebLinkAboutBack-Up DocumentsAGREEMENT BETWEEN CITY OF MIAMI, MIAMI, FLORIDA AND MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO October 1, 2017 -- September 30, 2020 TABLE OF CONTENTS Page Agreement 1 Preamble 2 Article 1 Recognition 3 Article 2 Representation of the City 4 Article 3 Representation of the UNION 5 Article 4 Management Rights 7 Article 5 No Strike 10 Article 6 Discrimination 12 Article 7 Prevailing Benefits 13 Article 8 Attendance At Meetings/UNION Time Pool 14 Article 9 UNION Stewards 18 Article 10 Contract Distribution 20 Article 11 Notices 21 Article 12 Bulletin Boards 22 Article 13 Dues Check off 23 Article 14 Grievance Procedure 25 Article 15 Employees' Bill of Rights 31 Article 16 Disciplinary Procedures 32 Article 17 Loss of Employment 34 Article 18 Employee Evaluation 37 Article 19 Anniversary Increase 39 Article 20 Employees Acting Within the Scope of Authority 41 Article 21 Working Out of Classification 42 Article 22 Rest/Lunch Periods 44 Article 23 Line of Duty Injuries 45 Article 24 Wages 50 Article 25 Pay Supplements 53 Article 26 Salary Basis/Exempt 57 Article 27 Overtime/Compensatory Time 58 Article 28 Group Insurance 61 Article 29 Uniforms and Safety Shoes 68 Article 30 Tool Allowance 70 Article 31 Tuition Reimbursement 72 Article 32 Call Back Pay 75 Article 33 Jury Duty/Court Appearance 76 Article 34 Commendation Paid Leave 78 Article 35 Parking 79 Article 36 Blood Donors 80 Article 37 Vacation 81 Article 38 Security Operations 84 Article 39 Sick Leave 85 Article 40 Tardiness 89 Article 41 Family Medical Leave and Leave Without Pay 91 Article 42 Labor/Management Partnership Committees 94 Article 43 Bereavement - Death in Family 95 Article 44 Military Leave 96 Article 45 Holidays 97 Article 46 Promotions 99 Article 47 Residency 100 Article 48 Total Agreement 101 Article 49 Savings Clause 102 Article 50 Seniority 103 Article 51 Leave Balance Payoffs 104 ii Article 52 Pension 105 Article 53 Term of Agreement 109 Appendix A 114 AGREEMENT THIS AGREEMENT is entered into this of 2018, between the CITY OF MIAMI, FLORIDA, a municipal corporation (hereinafter referred to as the "City") and the MIAMI GENERAL EMPLOYEES AFSCME LOCAL 1907, AFL-CIO (hereinafter referred to as the "UNION") PREAMBLE WHEREAS, it is the intention of the parties to this Agreement to set forth herein the entire agreement of the parties concerning matters which are within the scope of negotiation: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually covenant and agree as follows: 2 1.1 ARTICLE 1 RECOGNITION Pursuant to and in accordance with all applicable provisions of Chapter 447, Florida Statutes, as amended, the City recognizes the UNION as the exclusive bargaining representative for all employees included in the bargaining unit. 1.2 The bargaining unit is as defined in presently filed Certification issued by the Florida Public Employees Relations Commission initially certified on June 6, 1978, Certification #408, which includes all the classifications listed in APPENDIX A of the Agreement. 1.3 The City shall promptly notify the UNION in writing of any newly created classifications within the City. The City shall also provide the Union with copies of requests for audits of any bargaining unit positions when they are requested. 1.4 If there is a dispute between the parties regarding the inclusion or exclusion of any classifications within the bargaining unit, the issue shall be settled in accordance with State law. 3 ARTICLE 2 REPRESENTATION OF THE CITY 2.1 The City shall be represented by the City Manager, the Director of Human Resources or a person or persons designated in writing to the UNION by the City Manager. The City Manager and the Director of Human Resources or designee shall have sole authority to execute an Agreement on behalf of the City subject to ratification by an official resolution of the City Commission. 2.2 It is understood that the City Representative or Representatives are the official representatives of the City for the purpose of negotiating with the UNION. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no weight of authority in committing or in any way obligating the City. 4 ARTICLE 3 REPRESENTATION OF THE UNION 3.1 The UNION shall be represented by the President of the UNION, or by a person designated in writing to the City Manager, the Director of Human Resources or designee by the President of the UNION. The identification of representatives shall be made each year at least fifteen (15) calendar days prior to April lst. Said designation shall be accompanied by an affidavit executed by said President that the UNION has complied with all requirements of State law in effect at that time with respect to registration of the UNION. 3.2 The President of the UNION, or the person designated by said President, shall have full authority to conclude an agreement on behalf of the UNION subject to ratification. It is understood that the UNION representative is the official representative of the UNION for the purpose of negotiating with the City. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the UNION, shall be deemed unauthorized and shall have no weight of authority in committing or in any way obligating the UNION. It shall be the responsibility of the UNION to notify the City Manager or the Director of Human Resources in writing of any changes in the designation of the President of the UNION or of any certified representative of the UNION. 3.3 The UNION may be represented at negotiation sessions by not more than four (4) designated employee representatives. The four (4) employee representatives may be permitted to attend negotiation sessions on duty with no loss of pay or emoluments except that if one of the four (4) employee representatives is the UNION President on full-time release in 5 accordance with the terms of Article 8, Attendance at Meetings/UNION Time Pool, then only three (3) employees may be released from duty with no loss of pay or emoluments. If two (2) of the four (4) employee representatives are the UNION President and the full-time release designee, then only two (2) employee may be released from duty with no loss of pay or emoluments. 6 ARTICLE 4 MANAGEMENT RIGHTS 4.1 The City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects, and the powers and authority not abridged, delegated or modified by the express provisions of this Agreement or in any Memorandum of Understanding(s) (MOU) that is incorporated in this agreement and attached hereto or referred to herein, in addition to any MOU entered into during the term of this agreement. AFSCME, Local 1907 and the City retain the right to bring forth additional MOUs which were entered into by both parties and incorporate them as part of the agreement after notification of the respective party (AFSCME, Local 1907/City Manager or designee) who will confirm the authenticity of the MOUs. Otherwise, any changes of terms and conditions of employment shall not be recognized. Any future MOU that amends the collective bargaining agreement shall be subject to Florida Statute, Chapter 447, Part II. The parties agree to a sunset provision that begins at the ratification of this labor agreement wherein any MOLT that is not included with the labor agreement will be considered null and void. The rights of the City, through its management officials, shall include, but shall not be limited to, the right to determine the organization of City Government; to determine the purpose of each of its constituent departments; to exercise control and discretion over the organization and efficiency of operations of the City; to set standards for service to be offered to the public; to direct the employees, including the right to assign work and overtime; to hire, examine, classify, promote, train, transfer, assign, and schedule employees; to suspend, demote, discharge, or take 7 other disciplinary action against employees for proper cause; to increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work or funds; to determine the location, methods, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish positions; to change or eliminate existing methods of operation, equipment or facilities; and to establish rules, regulations and rules of conduct. 4.2 The City has the sole authority to determine the purpose and mission of the City, to prepare and submit budgets to be adopted by the City Commission. This shall not prohibit the UNION from expressing its views to the legislative body at the public budget hearing. 4.3 If the City fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions. This provision will in no way alter or diminish the rights afforded by Article 7, Prevailing Benefits. 4.4 Those inherent managerial functions, prerogatives and policy -making rights which the City has not expressly modified or restricted by a specific provision in this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained in this agreement. 4.5 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City of Miami. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. 8 4.6 The City retains the right to establish, and from time to time to amend, rules and regulations not in conflict with this Agreement. 9 ARTICLE 5 NO STRIKE 5.1 "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. 5.2 Neither the UNION nor any of its officers, agents, and members, nor any UNION members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing in furtherance of any of those acts or any other interruption of the operations of the City. 5.3 Each bargaining unit member who holds a position with the UNION occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida, Article I, Section 6. Accordingly, the UNION, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct bargaining unit member violating this Article or the law to return to work, and to disavow the strike publicly. 10 5.4 Any or all employees who violate any provision of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall be appealable to the Civil Service Board. 11 ARTICLE 6 DISCRIMINATION 6.1 The City and the UNION agree that the provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, religion, disability, sexual orientation, or political affiliation. 6.2 The City agrees not to interfere with the right of the employees to join or not join the UNION, and there shall be no discrimination, interference, restraint or coercion by the City or the UNION because of UNION membership or non -union membership. 6.3 The UNION recognizes its responsibilities as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. 6.4 Any claim of discrimination by an employee against the City, its officials or representatives, other than a claim of discrimination in violation of section 6.2, shall not be grievable or arbitrable under the provisions of Article 14 - Grievance Procedure, but shall be subject to the method of review prescribed by law or rules and regulations having the force and effect of law. 6.5 The UNION shall not be required to process the grievance of a non -union member. 12 ARTICLE 7 PREVAILING BENEFITS 7.1 Job benefits heretofore authorized by the City Manager continuously enjoyed by all employees covered by this Agreement, and not specifically provided for or abridged by this Agreement, shall continue upon the conditions by which they had been previously granted. 7.2 Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unsafe, obsolete, inefficient or uneconomical. Disputes over the application of this Section may be subject to the Grievance Procedure. 7.3 If the City desires to change such job benefits, the matter shall be negotiated between the City and the UNION in accordance with Chapter 447, Part II, Florida Statutes. 13 ARTICLE 8 ATTENDANCE AT MEETINGS/UNION TIME POOL 8.1 The President of the UNION or a designated representative shall be allowed to attend regular meetings and special meetings of the City Commission, State or National UNION Conventions, the Civil Service Board, the Equal Employment Opportunity Advisory Board and the Pension Plan Board. Time off for the UNION President or any other bargaining unit employees to attend these or other similarly approved meetings will be in accordance with Section 2 of this Article. 8.2 A UNION time pool is hereby authorized subject to the following: A. The City agrees to establish an annual time pool bank of 8,500 hours to be used in accordance with the provisions of this Article. All unused hours will be carried over to the following calendar year. B. For each bargaining unit member, except the UNION President, or a designee, when on full-time release, who is authorized to use time from the UNION time pool, the President shall fill out the appropriate form as provided for by the City. This form shall be signed by the UNION President and forwarded to the Department Director a minimum of seven (7) calendar days prior to the time the employee UNION representative desires such leave. A copy shall also be forwarded to the Director of Human Resources or designee. It is understood on rare occasions the seven (7) day time limit may not be met. The President 14 shall forward a detailed explanation to the Director of Human Resources or designee as to why the seven (7) day rule was not met. C. Bargaining unit members shall be released from duty only if the needs of the service permit, but such release shall not be unreasonably denied. If because of the needs of the service a bargaining unit member cannot be released at the time desired, the UNION may request an alternate bargaining unit member be released from duty during the desired time. D. In reporting a bargaining unit member's absence as a result of utilizing the UNION Time Pool, the daily attendance record shall reflect: "Bargaining Unit Member Doe on AL" (Authorized Leave) E. Any injury received or any accident incurred by a bargaining unit member whose time is being paid for by the UNION time pool, or while engaged in activities paid for by the UNION time pool, except the UNION President and the designee when on full-time release shall not be considered a line -of -duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of employment by the City of Miami within the meaning of Chapter 440, Florida Statutes, as amended. F. Upon written request to the Director of Human Resources or designee, the President of the UNION, and the two (2) designees will be released for the term of this Agreement from his/her regularly assigned duties for the City. The terms of this agreement for such release are only to be implemented if the following qualifications are met by the UNION: 1. The UNION President and the two (2) designated representatives, will reasonably be available through the UNION office currently located at 4011 W. Hagler Street, Suite 405, Miami, Florida 33134, for consultation with the Management of the City of Miami. 2. No requests to attend meetings at the City's expense as the UNION representative will be made to the City by the UNION, its officers, agents or members. 3. The Time Pool will be charged for all hours during which the UNION President and the two (2) designees are on off -duty up to a forty (40) hour work week, except that absence due to vacation leave, sick leave, holidays, or compensatory leave will be charged to the President's employee leave accounts. G. On no more than one occasion per month, the UNION Executive Board members may meet during their scheduled work shift for a period not to exceed four (4) hours. At no time will more than eight (8) employees be released to attend such meetings, and the Time Pool shall be charged a minimum of four (4) hours for each employee who attends such meetings. Release of employees for this purpose shall be conditioned upon compliance with other provisions of this Article. 8.3 All applicable rules, regulations and orders shall apply to any bargaining unit employees on time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the bargaining unit employees on pool time to regular disciplinary processes. 8.4 The City reserves the right to rescind the provisions of this Article in the event any portion of the Article is found to be illegal. Cancelling the Article shall not preclude further negotiations of future employee time pool. 8.5 Except as provided above, bargaining unit employees who attend administrative or judicial hearings shall not be compensated by the City unless such attendance is on behalf of and at the request of the City. 17 ARTICLE 9 UNION STEWARDS 9.1 Employees within the bargaining unit shall be represented by Stewards in areas of the City employment in the number and manner set forth in Section 9.7. The UNION shall furnish Management a list of the Stewards' and alternate Stewards' names and their assigned areas, and shall keep the list current at all times. 9.2 When requested by an employee, a steward may only investigate any alleged or actual grievance in his/her assigned steward area as provided in Section 9.7. He/She will be allowed reasonable time therefore during working hours without loss of time or pay upon notification and approval of his/her immediate supervisor outside the bargaining unit. Such release time will be granted consistent with the needs of the service but will not unreasonably be withheld. 9.3 UNION business, other than that cited above, shall be conducted so as not to interfere with the work assignment of stewards or any other employees. 9.4 A non -employee UNION Representative may consult with employees in assembly areas before the start of each work shift or after the end thereof. 9.5 Should an employee UNION representative covered by this Agreement be released on the Attendance at Meetings/UNION Time Pool Article said employee may substitute for the steward, but in no event shall the steward and the employee UNION representative both investigate the same grievance or appear for the meeting called to resolve the grievance. Should the UNION President desire the UNION Steward, as described in Section 9.2, to attend a Step 18 3 grievance meeting, the steward may be released to attend said meeting with any time loss to be charged to the UNION Time Pool. 9.6 An alternate steward may be appointed for each steward as provided for and assigned in Section 9.7. The alternate steward will be utilized by management when management is unable to reach the UNION steward or the UNION steward cannot be spared for the assigned duties at the time and all provisions of this Article shall apply to alternate stewards as well as regular stewards. 9.7 Responsibility areas (location) and number of UNION Stewards: A. Recreation Personnel (1) B. Police Department Building (2) C. Miami Riverside Center (2) D. Parks Operations, and Public Works Operations (2) E. All General Service Administration Divisions, and Department of Solid Waste (2) F. Fire Garage and Stadiums (1) 19 ARTICLE 10 CONTRACT DISTRIBUTION 10.1 The City agrees to furnish copies of this contract to each department director where UNION members are employed and said department directors shall make the contract available for employee examination at the employee's request. 20 ARTICLE 11 NOTICES 11.1 The City agrees to provide to the UNION, the following: Agendas of regular and special City Commission meetings (except where exempt by applicable law), regular and special Pension Board meetings, regular and special Civil Service Board meetings and hearings, Charter Review and Reform Committee meetings, and Finance Committee meetings. 11.2 Upon request by the UNION, the City further agrees to provide the UNION with a complete copy of all current written standard operating procedures, and rules, regulations or departmental orders, and any amendments thereto, for any department in which bargaining unit members are assigned. 11.3 The Union shall be provided advance notice of all new employee orientations involving bargaining unit members and shall be allowed up to one-half (1/2) hour to speak thereat. 21 ARTICLE 12 BULLETIN BOARDS 12.1 The City shall provide bulletin board space which shall be used only for the following notices: A. Recreation and special affairs of the UNION B. UNION Meetings C. UNION Elections D. Reports on UNION Committees (including the UNION Political Action Committee) 12.2 Notices or announcements shall not contain anything political or reflecting adversely on the City or any of its officials or employees; notices or announcements which violate the provisions of this section shall not be posted. This shall not preclude endorsements for the Civil Service Board or the Pension Board. Notices or announcements posted must be dated and must bear the signature of the UNION President or designee. In the event any non -UNION material is posted on the bulletin board, it shall be promptly removed by a representative of the UNION or by a representative of the City. 22 ARTICLE 13 DUES CHECKOFF 13.1 During the term of this Agreement, the City agrees to deduct UNION membership dues and uniform assessments, if any, in an amount established by the UNION and certified in writing by an accredited UNION officer to the City from the pay of those employees in the bargaining unit who individually make such request on a written check off authorization form provided by the City. Such deduction will be made by the City when other payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorization by the City. The UNION shall advise the City of any uniform assessment or increase in dues in writing at least thirty (30) days prior to its effective date. 13.2 This Article applies only to the deduction of membership dues and uniform assessments, if any, and shall not apply to the collection of any fines, penalties, or special assessments. 13.3 Deductions of dues and uniform assessments, if any, shall be remitted by the City during the week following each biweekly pay period to a duly authorized representative as designated in writing by the UNION. The City shall deduct from the remittance an amount for the cost of dues 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. 13.4 In the event an employee's salary earnings within any pay period, after deductions for withholding, Social Security, retirement, group health insurance, and other priority deductions, are not sufficient to cover dues and any uniform assessments, it will be the 23 responsibility of the UNION to collect its dues and uniform assessment for that pay period directly from the employee. 13.5 Deductions for the UNION dues and/or uniform assessment shall continue until either: 1) revoked by the employee by providing the City with thirty (30) days' written notice that he/she is terminating the prior check off authorization, 2) the termination of the authorizing employee, 3) the transfer, promotion, demotion of the authorizing employee out of this bargaining unit, or 4) the revocation or suspension of dues deduction as certified by the duly authorized UNION representative. 13.6 The UNION shall indemnify and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with this Article. The UNION shall promptly refund to the City any funds received in accordance with this Article which are in excess of the amount of dues and/or uniform assessments which the City has agreed to deduct. 13.7 The City will not deduct any UNION fines, penalties or special assessments from the pay of any employee. 13.8 The dues check off authorization form provided by the City shall be used by employees who wish to initiate dues deduction. 24 ARTICLE 14 GRIEVANCE PROCEDURE 14.1 It is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances arising from the application or interpretation of this Agreement. 14.2 A grievance is any dispute, controversy or difference between (a) the parties, (b) the City and an employee or employees on any issues with respect to, on account of, or concerning the meaning, interpretation or application of this Agreement or any terms or provisions thereof. A grievance shall refer to the specific provision or provisions of this Agreement alleged to have been violated. Any grievance not conforming to the provisions of this paragraph or that contains non -identification of specific violations of the Agreement shall be denied and not eligible to advance through the steps of the Grievance Procedure, including arbitration. 14.3 Nothing in this Article or elsewhere in this Agreement shall be construed to require the UNION to process a grievance (a) on behalf of any employee without his/her consent, or (b) with respect to any matter which is the subject of a grievance, appeal, administrative action before a governmental board or agency, or court proceeding, brought by an individual employee or group of employees, or by the UNION. Oral and written reprimands/warnings/deficiencies shall not be considered grievable under this Agreement or the Civil Service Board. 14.4 It is further agreed by the UNION that with respect to disciplinary actions, employees covered by this Agreement shall make an exclusive election of remedy prior to filing 25 a Step 2 or Step 3 Grievance. Such choice of remedy will be made in writing on the form to be supplied by the City. The Election of Remedy form will indicate whether the aggrieved party or parties wish to utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or administrative action before a governmental board or agency. Such 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. 14.5 The number of "working days" in presenting a grievance and receiving a reply from the different levels of supervision shall be based upon a forty (40) hour, five (5) day work week, Monday through Friday, not including City-wide holidays. Any grievance not processed in accordance with the time limits provided below, shall be considered conclusively abandoned. Any grievance not answered by Management within the time limits provided will automatically advance to the next higher step of the Grievance Procedure. Time limits can only be extended by mutual agreement of the UNION and Department Director or the Director of Human Resources or designee. Such agreed to extensions shall be followed up in writing. 14.6 Where an employee covered by this Agreement elects to represent himself or be represented by someone other than the UNION, the City will respond through its management representatives consistent with the following steps and time limits. Said response will not be inconsistent with the Labor Agreement and a representative of the UNION will be given an opportunity to be present and receive a copy of the written response. 14.7 A grievance shall be processed in accordance with the following procedure: Step 1. 26 The aggrieved employee shall discuss the grievance with his/her immediate supervisor outside the bargaining unit within ten (10) working days of the occurrence which gave rise to the grievance. A City employee UNION representative will be given a reasonable opportunity to be present at any meeting called for the resolution of such grievance. The immediate supervisor, outside the bargaining unit, shall attempt to adjust the matter and/or verbally respond to the employee within ten (10) working days. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the UNION and the City, or when a grievance is filed due to an employee's dismissal, it shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided for the submission of a grievance in Step 1 by the UNION President. If the grievance relates to a disciplinary action, the Election of Remedy form as provided in Section 14.4 of this Article must be completed and attached to grievances presented directly at Step 3. All grievances must be processed within the time limits herein provided unless extended in writing by mutual agreement between the Director of Human Resources or designee and the UNION President or grieving employees. Step 2. If the grievance has not been satisfactorily resolved at Step 1, the employee or the UNION representative may pursue the grievance to the second step of the Grievance Procedure. With regard to disciplinary actions, if the aggrieved party or parties elect the remedy other than the Grievance Procedure (Civil Service) contained herein, the grievance shall be withdrawn and conclusively abandoned. The employee or the UNION Representative shall reduce the grievance to writing on the standard form provided for this purpose and present such written grievance 27 to the Department Director concerned within ten (10) working days from the time the supervisor has given his/her oral response to Step 1. The Department Director or designee and Management personnel concerned shall meet with the employee and the UNION Representative and shall respond in writing to the UNION within ten (10) working days from receipt of the written grievance. Step 3. If the grievance has not been satisfactorily resolved at Step 2, the employee and/or the UNION President may present a written appeal to the Director of Human Resources or designee within ten (10) working days from the time the Step 2 response was due in Step 2. The Director of Human Resources or designee shall meet with the employee and/or the UNION President and shall respond in writing to the UNION within ten (10) working days from receipt of the appeal. Step 4. If the Grievance is not settled at Step 3, it may upon written request of the UNION President within ten (10) working days after receipt of reply or answer be referred to arbitration. 14.8 The arbitration proceeding shall be conducted by an arbitrator selected by the employer and the UNION. The selection process of the arbitrator between the employer and the UNION will take place within twenty (20) days after notice is given. If the parties fail to select an arbitrator, the Federal Mediation and Conciliation Services, or some other mutually agreed upon service, shall be requested to provide a minimum panel of five (5) arbitrators. Both the employer and the UNION shall alternately strike a name from the panel until one remains. 28 The party requesting arbitration shall strike the first name; the other party shall then strike one name. 14.9 The arbitration shall be conducted under the rules set forth in this Agreement and under the rules of the American Arbitration Association. Subject to the following, the arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrator to supersede applicable laws in existence at the time of signing this Agreement. 14.10 The arbitrator may not issue declaratory or advisory opinions and shall confine himself/herself exclusively to the question which is presented to him, which question must be actual and existing. 14.11 The fee and expenses of the arbitrator shall be paid by the party which loses the appeal to arbitration. Each party shall fully bear its own costs regarding witnesses and representation. Should any individual bargaining unit member bring a grievance under this Article on his/her own, he/she shall be required to post a bond of an estimated one-half (1/2) of the expenses of the hearing with the arbitrator before the hearing may be scheduled. 29 14.12 Copies of the award of the arbitration made in accordance with the jurisdiction or authority under this Agreement shall be furnished to both parties within thirty (30) days of the hearing and shall be final and binding on both parties. 14.13 Consistent with Chapter 447.401, the UNION shall not be required to process grievances or be liable for any expenses for employees covered by this Agreement who are not members of the UNION. Where non-members or any employee covered by the Agreement elects not to be represented by the UNION, written responses shall be given to the employee and to the UNION. 14.14 A request for review of complaints under Civil Service Rule 16.2 may only be made by full-time classified service employees. Such requests under Rule 16.2 shall be denied where the request does not cite the applicable Civil Service Rule(s) which is the basis of the complaint; or, where the issue relates to a matter covered by the Collective Bargaining Agreement. This section shall be limited solely to hearings under Rule 16. 30 ARTICLE 15 EMPLOYEES' BILL OF RIGHTS 15.1 When an employee has reasonable grounds to conclude that his/her participation in an investigatory interview will result in his receipt of disciplinary action, the employee may request that a UNION representative be present at the interview. The employee's representative shall confine his/her role in the interview to advising the employee of his/her rights and assisting in clarification of the facts. Upon request, the City will make a reasonable effort to contact the employee's choice of representative, and shall give the representative sufficient time to get to the interview location, but shall not be obligated to delay the interview for more than sixty (60) minutes. 15.2 Investigatory interviews shall be conducted at a reasonable hour, preferably while the employee is on duty, unless the seriousness of the investigation is of such degree that immediate action is required. If the employee is required to be interviewed outside his assigned work schedule, he/she shall be paid overtime in accordance with Article 27. 15.3 At the commencement of the interview, the employee shall be advised of the subject matter of the investigation. 15.4 The parties agree to abide by the law with respect to the use of polygraphs. 31 ARTICLE 16 DISCIPLINARY PROCEDURES 16.1 In cases where it becomes necessary to discharge or otherwise discipline a permanent, classified employee covered by this Agreement, a representative of management shall give notice of said discipline to the employee. Such notice of discipline shall be confirmed in writing to the employee and the UNION no later than five (5) working days following the day of discharge or imposition of discipline, excluding Saturdays, Sundays, holidays and the day of occurrence. 16.2 Employees who have not attained permanent status in the classified service, or who are entrance probationary employees, may not grieve disciplinary action under the provisions of this Agreement. 16.3 If an appeal of any discharge or other disciplinary action, excluding oral or written reprimands, is filed with the Civil Service Board in accordance with the Board Rules and Regulations, such appeal shall be an automatic election of remedy and shall waive any right on the part of the employee or the UNION to file or process a grievance under the terms of this Agreement protesting such discharge or other disciplinary action. Should an employee elect to grieve discharge or other disciplinary action, excluding an oral or written reprimand, such grievance shall be made only in accordance with the terms of the Grievance Procedure Article as contained in this Agreement. 16.4 Verbal counselings, records of formal counseling, written reprimands and written warnings shall be null and void and shall not be used against the employee after a period of three (3) years. 32 16.5 Entrance probationary employees who were appointed to a position but who did not complete the required probationary period may be discharged or demoted any time prior to the expiration of the probationary period. The employee shall not be accorded a hearing before the Civil Service Board or access to the grievance procedure contained herein. A probationary employee who is in probationary status due to a promotion shall be returned to a former classification in which the employee held permanent status. If an employee who is in probationary status due to a promotion is rolled back, he or she may appeal the decision to the Director of Human Resources. Such appeal shall be made within five (5) days' notice of the roll back, in writing, and the decision of the Director will be final. 33 ARTICLE 17 LOSS OF EMPLOYMENT 17.1 Employees shall lose their seniority and their employment shall be terminated for the following reasons: 1 Discharge if not reversed. 2. Resignation. An employee who voluntarily submits a resignation either orally or in writing shall have the right to withdraw said resignation for up to twenty-four (24) hours from submission. If submission occurs on a day preceding a weekend or holiday or the employee's regular day off, the employee shall have to the close of the employee's next regular working day to withdraw said resignation. 3. Abandonment of position. An employee absent for a period of three (3) workdays without notification of valid reason to the City and who has no legitimate reason for not notifying the City of his/her absence, may be considered as having resigned. Said resignation shall only be reviewed, if applicable, by the City Manager or the Director of Human Resources or designee. 4. Unexcused failure to return to work when recalled from layoff, as set forth in the recall procedure. 5. Unexcused failure to return to work after expiration of a formal leave of absence. An employee who fails to return from a formal leave of absence will be considered as having resigned. Said resignation shall only be 34 reviewed, if applicable, by the City Manager or the Director of Human Resources or designee. 6. Retirement. 7. Layoff for a continuous period of eighteen (18) months. 17.2 For purposes of Rule 14, any loss of employment due to a department restructuring, department reorganizing, downsizing or abolishment of a position shall be treated the same as a "layoff'. Permanent employees subject to layoff shall be demoted or transferred to those classes in which the employee held previous status, consistent with Civil Service Rules and Regulations not withstanding Article 24, Section 24.1, Wages. If the employee has ten (10) years of full-time consecutive classified service with the City and has never held permanent status in another position, the employee may be demoted or transferred by management in accordance with his/her seniority to another position in the bargaining unit that is as close to the employee's present class and wage level as possible and which he/she is able to perform and qualified to fill. The employee must make a written request for such demotion or transfer within three (3) working days after notification of layoff. Such request shall be made to the Director of Human Resources or designee. Management shall have the right to determine such person's ability and qualifications to fill a position without recourse through the grievance procedure or any other appeals procedure with exception of the following. Should the individual transferred or demoted feel that the position determined by Management is not the one closest to their previous salary level for which they are qualified, 35 the employee may appeal within three (3) working days of notice of the new assignment only to a two (2) person committee made up of the Director of Human Resources or designee and the UNION President shall convene a meeting with the Federal Mediation and Conciliation Service Commissioner who shall review the placement and render an advisory decision to the parties. Employees transferred or demoted under this Section shall replace the least senior employee in the position which he/she occupies. If the employee's regular position subsequently becomes available, consistent with Civil Service Rules and Regulations, he/she shall be promoted and transferred back to his regular position. It is understood by the UNION and the City that nothing in Section 17.2 guarantees the employee a job nor is the City obligated to create a job, but the City will make a good faith effort to place the individual demoted or laid off consistent with the language of Section 17.2. 36 ARTICLE 18 EMPLOYEE EVALUATION 18.1 Permanent full-time classified employees covered by this Agreement will be evaluated utilizing the appropriate evaluation forms as approved by the Human Resources Department. The evaluation will be provided on the employee's anniversary date. 18.2 Prior to distribution of an evaluation, the Department Director shall review the supervisor's ratings to check for consistency and that the criteria in the evaluation system has been met. Employees evaluated will be given a copy of the evaluation rating. Should an evaluation be downgraded after the employee's initial evaluation by his/her immediate supervisor, the employee will be given a copy of the downgraded evaluation rating. Only a copy of an unsatisfactory rating will be forwarded to the UNION President. Any employee rated below satisfactory by Management will be given an opportunity to improve to a satisfactory level. Failure to improve will result in disciplinary action up to and including termination. This section shall not apply to permanent full-time classified employees serving in a probationary promotional appointment. 18.3 Permanent full-time classified employees serving in a probationary promotional appointment must successfully complete the probationary period within the time frame provided (6 to 12 months), unless the Department Director recommends an extension of said time frame. Any person hired or promoted into an Emergency Dispatcher position in the Police Department or the Fire -Rescue Department shall serve an eighteen (18) month probationary period. Extensions of probationary periods shall be approved by the Director of Human Resources or designee. 37 18.4 Unsatisfactory rating of permanent full-time classified employees not serving in a promotional appointment shall cause the employee to appear before the Civil Service Board to show cause why he/she should not be removed, suspended, or reduced in grade. Should an employee covered by this section feel the unsatisfactory rating was incorrect, he may grieve the rating consistent with the Grievance Procedure. However, any grievance concerning the employee's unsatisfactory evaluation will be consolidated with any discipline appeal should the employee be removed, suspended or reduced in grade because of the unsatisfactory evaluation. 38 ARTICLE 19 ANNIVERSARY INCREASE 19.1 Salary increases recognizing satisfactory service within established pay ranges are provided for in the City's salary schedule. On written approval from the Department Director, employees shall receive a one-step increase in salary, not to exceed the maximum step rate. Those employees receiving approved anniversary increases when submitted during the first seven (7) days of the payroll period, shall receive the higher rate of pay for the full pay period. Those employees receiving approved increases from the eighth (8th) to the fourteenth (14th) day of the payroll period shall receive their anniversary increase effective the start of the following pay period. All anniversary increases shall be subject to review for accuracy by the Department of Human Resources. 19.2 Leaves of absence without pay or suspension of any duration shall delay anniversary increases by the same number of workdays. 19.3 Anniversary increases are not automatic. Anniversary increases shall be awarded only on the basis of continued satisfactory service by the employee and on the positive approval of the Department Director. A Department Director may withhold anniversary increases due to excessive absenteeism resulting from tardiness, sick leave usage and/or until such time as, in the Department Director's judgment, the employee's service within the classification meets the standards of satisfactory performance for the position. Employees whose anniversary increases are delayed or denied shall be notified of the reasons for the action being taken. 39 Employees whose anniversary increases are delayed or denied due solely to tardiness or sick leave usage may request a review of the denial by the Director of Human Resources or designee, whose decision shallbe final and binding. 19.4 Effective October 1, 2017, for purposes of receiving merit increases and adjustments, the anniversary date of "Affected Employees" (as that term is defined in the Settlement Agreement for Case No. 17-001234-CA-01) shall revert back to the Affected Employee's date of hire into his/her current classification. 40 ARTICLE 20 EMPLOYEES ACTING WITHIN THE SCOPE OF AUTHORITY 20.1 Whenever a civil or criminal action is brought against a bargaining unit employee, while in the course of his/her City on -duty employment, and while acting within the scope of his/her authority, the City shall have the option to pay legal costs and attorney fees; not to exceed one hundred and twenty five ($125.00) dollars per hour or provide legal counsel where: a) the bargaining unit employee is found not to be liable or guilty, and b) when the plaintiff requests dismissal of the suit. 20.2 The City will neither provide legal representation nor pay any claim or judgment entered against any bargaining unit employee if the claim or judgment arises from any of the following: 1. Any unauthorized and/or criminal act; 2. Any intentional tort; 3. Gross negligence or misconduct; or 4. While under the influence of alcohol, drugs or illegal substances. 41 ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.1 A department director, or designee, may direct an employee to serve in a classification higher than the classification in which an employee currently holds status. Employees assigned to work out of classification shall meet the minimum job requirements for the position being filled. 21.2 In the event an employee is assigned work of a higher classification as provided for in Section 21.1 of this Article, the employee will be granted a one-step increase or the rate for the first step of the higher classification, whichever is greater, for all time worked out of classification in excess of thirty (30) consecutive calendar days. If the employee is assigned working out of classification in a job basis position, the employee will be granted compensation as provided for in this section, however, the employee is not entitled to overtime. Employees performing work lower than their current classification are not entitled to working out of classification pay. 21.3 Method of Qualifying Incumbents of Classified Positions Allocated to New or Higher Levels - Whenever an occupied position has been allocated to a new or higher classification, the incumbent thereof shall be qualified for the new classification in one of the following manners: (a) If the incumbent has been performing satisfactorily at the new or higher level for a period of four years or more and has held permanent status in the previous classification, he/she shall receive the new or higher classification with permanent status, without further examination; or 42 (b) If the incumbent has been performing satisfactorily at the new or higher level for a period of two years or more and less than four years, and has held permanent status in the previous classification, he/she shall be given a qualifying examination, the scope of which shall be at the same level of difficulty as normally given for the same or like classification, and if successful therein, he/she shall receive the new or higher classification with permanent status. (c) In the event the incumbent does not qualify under (a) or (b) above, he/she shall be returned to his/her previous classification (i.e., the position held prior to working out of class), and the position filled from the appropriate eligible register. 21.4 During any on -job training program designed to upgrade employees' skills, those employees in such training shall not be eligible for additional compensation as provided in Section 21.2 of this Article. 21.5 In order to initiate an acting assignment, the employee's immediate supervisor shall, upon assigning an employee to an acting assignment, immediately complete the necessary notification form as provided by the City. Upon notification of an employee placed on acting assignment, the Human Resources Department shall conduct an evaluation to determine the eligibility of the employee assigned to the acting assignment in accordance with this article. 43 ARTICLE 22 REST/LUNCH PERIODS 22.1 All employees' work schedules shall provide for a fifteen minute rest period during each four (4) hour work period. 22.2 Employees who do not take a rest period due to work conditions or by personal choice may not lengthen lunch periods, cover an employee's late arrival or early departure, nor may it be regarded as cumulative if it is not taken. 22.3 Employee lunch periods are not compensated by the City and therefore may not cover an employee's rest period, late arrival or early departure. 44 ARTICLE 23 LINE OF DUTY INJURIES 23.1 Workers' Compensation Medical and Indemnity Benefits. To the extent required by, and subject to the limitations specified in, Chapter 440, Florida Statutes, the City will provide workers' compensation indemnity benefits to any bargaining unit member who sustains a compensable line of duty injury or illness as provided by the Workers' Compensation Law of the State of Florida. 23.2 Supplemental Salary 23.2(a) Any bargaining unit member who is disabled as a result of an accident, injury or illness covered by Chapter 440, Florida Statutes, will be granted supplementary salary, subject to the terms and conditions set forth below. Supplemental salary will be paid in the form of a continuation of the bargaining unit member's regular paycheck as provided by Resolution No. 39802. This check will include those indemnity payments provided for under the Workers' Compensation Law. 23.2(b) Full-time Civil Service employees who have permanent status with the City as of September 30, 1981 shall receive supplementary pay which, when added to the workers' compensation benefits shall not exceed 100% of the employee's weekly pay prior to the line of duty injury, accident, or occupational disease for the period of entitlement to full supplementary p ay. All other employees and Civil Service employees hired subsequent to September 30, 1981, shall be eligible for supplementary pay and workers' compensation pay to the extent that the total of such benefits shall not exceed eighty (80) percent of the employee's weekly pay prior to the line 45 of duty injury, accident, or occupational disease. This benefit shall take effect only after the employee has been disabled for a period in excess of seven (7) calendar days. 23.2(c) Unless extended as provided below, supplementary salary will be granted for a period not to exceed 150 consecutive days from the date of covered accident, injury or illness. Such supplementary salary may be extended up to an 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. 23.2(d) If an employee remains temporarily disabled beyond the period of time in which he is entitled to collect supplementary pay benefits, he/she shall be entitled to 2/3 "D" pay for the additional period of his/her temporary disability pursuant to current practices. 23.2(e) If an employee becomes permanently and totally incapacitated from the further performance of the duties of his/her classified position he/she shall petition the retirement board for retirement. The 2/3 "D" pay as described above shall be carried by the department until the retirement is granted or denied. 23.2(f) At any time during his/her absence from duty claimed to be the result of a line of duty injury while an employee is collecting City supplementary pay, the employee shall be required, upon the request of the City Manager, or his/her designee, to submit to a physical examination by a physician designated by the City Manager within fifteen (15) days of the request. If such employee, without cause, as determined by the City Manager, shall fail to 46 submit to the examination at the time specified, all City supplementary salary benefits will be terminated. 23.3 Deductions: In the event a bargaining unit member receives supplementary salary as referenced in this Article, the City will make payroll deductions under the following terms and conditions: Deductions required by law, "mandatory deductions," including, but not limited to, social security, withholding and Medicare, will be made automatically to the supplemental salary portion only. All non -mandatory deductions including, but not limited to, a bargaining unit member's pension contribution', medical, life and other insurance contributions, and all other non - mandatory and voluntary deductions will be made by the City on the bargaining unit member's behalf only to the extent that sufficient funds are then available. The City will not make any non -mandatory and voluntary deductions if the combined workers' compensation benefits and supplementary salary are insufficient to cover the amount of the deduction(s). If there are not sufficient funds available, the bargaining unit member will be responsible for making payments for the non -mandatory and voluntary deductions directly to those providers and creditors who would have otherwise been paid through the City's payroll deduction process. The parties agree that this process is intended to provide the employee with these paychecks without interruption of payroll and payroll deductions on a bi-weekly basis. Should the employee notify the City by contacting Risk Management that he/she does not want a The amount of the pension contribution shall be based on "earnable compensation" as defined by Miami Code Section 40-191. 47 combination of Workers' Compensation indemnity pay included with the supplemental wage for the purposes of making regular deductions, the Workers' Compensation check will be distributed separately through the third party administrator and the City will only pay the supplemental wage minus federally mandated deductions. i.e. withholding, social security and Medicare. All other non -mandatory deductions, including pension, medical, life and other insurance contributions and all other non -mandatory and voluntary deductions will not be made and the bargaining unit member will be responsible for making all payments directly to those providers and creditors who would have otherwise been paid through the City's payroll deduction process. For any reason, should any calculations or deductions made based on the above protocols result in the employee owing money to the City, Risk Management will audit the employee's payroll process immediately upon the discovery of monies owed to determine why such arrearages occurred. The findings will be immediately brought to the attention of the employee and a resolution will be proffered and arrangements will be made to rectify monies owed. No supplementary pay will be paid to any bargaining unit employee whom is injured or becomes ill while performing an act intended to injure or hurt one's self or another. 23.4 Any condition or impairment of health suffered by employees in the classification of Identification Technician and Property Specialist caused by Acquired Immunity Deficiency Syndrome (AIDS), Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by satisfactory evidence. Employees either currently in the classification or promoted. or hired into the classification of Identification Technician and Property 48 Specialist who refuses to take a medical examination and all of its components relating to the presumptions within this article, shall not be entitled to the presumption outlined in this section and Florida Statutes 112.18. The presumption in favor of employees referred to in this section shall not apply to any other contagious diseases which may be contracted by employees. Furthermore, the presumption shall only be applicable to worker's compensation and disability pension benefit determinations. Nothing in this section shall be construed as a waiver of the City's rights under applicable state law. 23.5 Nothing in this Article shall be construed as a waiver of the City's rights under applicable State law. 23.6 Employees may utilize available leave balances in combination with medical hold provided that they report their intention to use their leave in accordance with the standard reporting protocols in their respective departments. 49 ARTICLE 24 WAGES 24.1 Effective October 1, 2017, employees shall receive a 3% across the board wage increase. Effective October 1, 2018, employees shall receive a 2% across the board increase. Effective. October 1, 2019, employees shall receive a 2% across the board increase. In addition to the forgoing increases, effective October 1, 2017, employees whose wages were reduced as a result of the City's 2010 declaration of financial urgency shall have their base wages increased by the same percentages (for example, an employee who received a 5% wage reduction shall receive a 8% wage increase on October 1, 2017; an employee who received a 7% wage reduction shall receive a 10% wage increase on October 1, 2017; an employee who received a 9% wage reduction shall receive a 12% wage increase on October 1, 2017; and an employee who received a 12% wage reduction shall receive a 15% wage increase on October 1, 2017). Upon ratification, new step schedules will be implemented for bargaining unit members as set forth in the attached Appendices. Under the step schedules, each step increase will be worth five percent (5%) to the base. Bargaining unit members will continue to be eligible for step increases upon a satisfactory evaluation in accordance with Article 19.1 and in accordance with the time delineated in Article 24.4, below. Before a permanent bargaining unit member is laid off, the employee shall have the opportunity to fill any position held by a temporary employee, provided the bargaining unit member meets the minimum requirements set forth in the job description. In such cases, the temporary employee shall be displaced. 50 Bargaining unit employees hired on or after October 1, 1998 may be laid off in accordance with Civil Service Rules and Regulations and/or applicable City policies. 24.2 All changes in salary for reasons of promotion, demotion, or working out of class, shall be effective the first day of the payroll period following the effective date of the change. Employees hired into a classified Civil Service position shall have their date of hire changed to reflect their commencement as a classified Civil Service position and shall satisfactorily serve a probationary period of one (1) year commencing with the date of entry into a permanently budgeted classification and prior to gaining permanent status in the classified service. 24.3 A night shift differential of $.60 per hour will be paid to bargaining unit employees who work a regular established shift between the hours of 6:00 p.m. and 8:00 a.m. However, more than one-half of the hours of the regular established shift must be within the hours of 6:00 p.m. and 8:00 a.m. Night shift differential will only be paid for hours actually worked during the night shift differential period and will not be paid for any overtime hours. Night shift differential shall not be used in calculating average earnings for pension purposes. 24.4 Bargaining unit members shall become eligible for a five percent (5%) one (1) step increase upon a satisfactory evaluation in accordance with 19.1 according to the table below: Step 2 5% after one (1) year at Step 1 Step 3 5% after one (1) year at Step 2 Step 4 5% after one (1) year at Step 3 Step 5 5% after one (1) year at Step 4 Step 6 5% after one (1) year at Step 5 51 Step 7 5% after one (1) year at Step 6 Step 8 5% after one (1) year at Step 7 Step 9 5% after two (2) years at Step 8 Step 10 5% after two (2) years at Step 9 Step 11 5% after two (2) years at Step 10 Step 12 5% after two (2) years at Step 11 Step 13 5% after two (2) years at Step 12 Step 14 5% after two (2) years at Step 13 Step 15 5% after two (2) years at Step 14 24. 5 Bargaining unit employees shall satisfactorily serve a probationary period of one year prior to gaining permanent status in the classified service. Any bargaining unit employee, upon normal retirement from City service, or separating under honorable conditions, who has served for a period of twenty-five (25) years or more, shall be granted, at the time of his normal retirement or honorable separation one hundred seventy- three and three tenths (173.3) hours of pay. 52 ARTICLE 25 PAY SUPPLEMENTS 25.1 Employees shall receive no additional pay supplements except as are specifically provided by this Agreement. Any pay supplements/tool allowance provided by this Agreement shall not be used in calculating average earnings for pension purposes or included in a bargaining unit member's base rate of pay for purposes of payoff of sick leave or vacation upon separation or retirement from the City. 25.2 Only those employees holding permanent status within the occupation of Heavy Equipment Mechanic within the City, and Heavy Equipment Mechanic Supervisor in GSA, shall receive a seven and one half percent (7%2%) pay supplement added to their base rate of pay should they be continually assigned to on -call rotation. Said pay supplement shall be deemed to fully satisfy any on -call pay obligation which might be construed to exist under the Fair Labor Standards Act. 25.3 Those employees within the occupation of Emergency Dispatcher who are actively assigned the duty of training new Emergency Dispatchers shall be entitled to receive a five percent (5%) per pay period pay supplement for the actual full pay period they are assigned in a training capacity by their supervisor. Should the City feel the need to have an audit performed for the purpose of determining whether a separate training occupation is desirable, the City may discontinue this plus item and assign said duties to the person or persons holding said Emergency Dispatcher Trainer classification. 53 25.4 All Police Emergency Dispatchers, Emergency Dispatcher Supervisor, Police and Emergency Dispatch Assistants assigned to Police Communications shall receive a five percent (5%) pay supplement if the employee holds and maintains the Quality Assurance Proficiency (QAP) rating in accordance with Police Standards after a period of three (3) months. 25.5 All Fire Emergency Dispatchers, Emergency Dispatcher Supervisor, Medical/Fire and the Communications Center Supervisor, Medical/Fire assigned to Fire Communications shall receive a five percent (5%) pay supplement if the employee holds the National Academy of Emergency Medical Dispatcher (NAEMD) certification in accordance with the Fire Department standards. 25.6 All employees specified above shall receive the QAP or NAEMD pay upon ratification of the contract as set out above. Should any employee specified above fail to maintain his/her QAP rating or the NAEMD certification, the supplementary pay shall cease. Upon re - qualifying for the QAP rating and thereafter maintaining the QAP rating for a period of three (3) months, the employee shall again receive the QAP pay. Upon re -qualifying and thereafter maintaining the NAEMD certification, the employee shall again receive the NAEMD pay. In no instance shall any individual receive both QAP and NAEMD pay supplements as specified herein at the same time. 25.7 Fire Garage Mechanics and Supervisors who obtain Emergency Vehicle Technicians certificates, shall receive a one percent (1%) pay supplement for every two (2) licenses that mechanics and supervisors obtain and maintain, up to a maximum of five percent (5%) for holding a minimum of ten (10) approved licenses. 54 All Department of General Services Administration fleet employees and supervisors who obtain Automotive Service Excellence (ASE) certification, shall receive a one percent (1%) pay supplement for every two (2) licenses obtained and maintained, up to a maximum of five percent (5%) for holding a minimum of ten (10) of the following licenses: Automobile Series Al: Engine Repair A2: Automotive Transmission Transaxle A3: Manual Drive Train and Axles A4: Suspension and Steering A5: Brakes A6: Electrical/Electronic Systems A7: Heating and Air Conditioning A8: Engine Performance Medium/Heavy Truck Series Ti: Gasoline Engines T2: Diesel Engines T3: Drive Train T4: Brakes T5: Suspension and Steering T6: Electrical/Electronic Systems T7: Heating, Ventilation & A/C T8: Preventive Maintenance Inspection Truck Equipment Installation and Repair Series El: Truck Equipment Installation and Repair Specialist E2: Electrical/Electronic Systems Installation and Repair E3: Auxiliary Power Systems Installation and Repair Advanced Level Series Li: Automobile Advanced Engine Performance Specialist 55 L2: Med/Hvy Vehicle Electronic Diesel Engine Diagnosis Specialist 25.8 Latent Print Examiners and Latent Print Examiner Supervisors who are certified by the International Association of Identification as latent print examiners shall receive a 5% pay supplement. 56 ARTICLE 26 SALARY BASIS/EXEMPT 26.1 Those classifications listed in Appendix A with a salary basis/exempt designation are considered salaried employees and exempt from coverage under the Fair Labor Standards Act which precludes eligibility for overtime. 26.2 Salary basis/exempt employees are expected to work a pay rate equal to eighty (80) hours per pay period plus any additional time over and above the normal eighty (80) hour pay period that is needed to properly perform the duties of the position. Use of vacation and sick leave are to be properly recorded when used. Personal Time Off (PTO) shall be granted consistent with Administrative Policy 1-06. Time worked in excess of the normal eighty (80) hour pay period shall not be compensated nor credited in any way. However, when time is taken off under this provision, it is required that such time taken be recorded as PTO. 26.3 Requests for time off by salary/exempt employees shall be considered on an individual basis consistent with the needs of the City and the performance record of the employee, and approval shall not be unreasonably withheld. 26.4 PTO leave shall not be utilized in units of more than one (1) week unless authorized by the City Manager. 57 ARTICLE 27 OVERTIME/COMPENSATORY TIME 27.1 All authorized hours worked in excess of an eligible employee's normal work week shall be considered overtime work. Non-exempt/hourly employees shall not perform any work prior to their normal work hours, during their lunch hour, or after their normal work hours unless specifically authorized by a management supervisor. 27.2 Non-exempt/hourly employees performing compensable overtime work shall, at their discretion, be paid time and one-half (It/2) at their regular hourly rate of pay or shall be given scheduled compensatory time off at the rate of time and one-half for such work. Compensatory time off shall be taken in not less than fifteen (15) minute increments. This overtime rate shall be all inclusive and no additional overtime pay shall be paid to those employees working a holiday. 27.3 The maximum accumulation of compensatory time hours is one hundred fifty (150) hours. If an employee takes compensatory time off, the hours in his/her bank shall be appropriately reduced by such time off. If an employee leaves the service of the City and cashes in his/her compensatory leave bank, the hours therein shall be valuated on the basis of the employee's regular rate of pay. The rate of pay shall not be less than the higher of the employee's final regular rate of pay or the average regular rate of pay during the last three (3) years of employment. 27.4 Employees covered by this Agreement who are appointed to job basis/exempt classifications and who have compensatory time banked, shall at time of such appointment be paid for all compensatory time at their rate of pay prior to such appointment. 58 27.5 Overtime will be distributed as equally as practical to the best ability of the Supervisor in charge among the employees within a division of the City, who have completed their probationary period (with the exception of Emergency Dispatchers, Emergency Dispatch Assistants, and Emergency Dispatch Supervisors, who shall be eligible for overtime despite being in probationary status), by shift and classifications, according to seniority within the classification. A new overtime list by classification will be posted every two pay periods as a guide for such distribution. The remedy for the failure to offer overtime shall be that the employee shall be offered an equal or comparable amount of overtime at the next opportunity. 27.6 The overtime list by classification will be made up of all employees in that classification. If an employee refuses overtime, is sick, on vacation or on an excused absence the City will move to the next employee in line on the overtime list. For call-back overtime, if the employee does not answer his/her phone the City will move to the next employee in line on the overtime list. This provision is not to be interpreted as meaning the employee is not subject to call-back while on vacation or excused absence. 27.7 As each overtime opportunity arises the City will move through the overtime list until it has offered the last employee on the list an overtime opportunity. Thereafter, the City will move to the top of the list and begin with the most senior employee on the overtime list. 27.8 The provisions of this Article do not restrict the City's right to mandate employees to work overtime. In the event the City must order overtime work within a unit or area of assignment, the most junior employees of the affected classification will be ordered first to work the required overtime. 59 27.9 If this method results in obviously inequitable distribution of overtime, the Director of Human Resources or designee and the UNION President will work out a method of correcting such inequity. 60 ARTICLE 28 GROUP INSURANCE 28.1 Summary Plan Document The City and the UNION agree that the Summary Plan Document (SPD) (entitled City of Miami Life and Health Benefits) shall be immediately updated to reflect descriptions of the current benefit. Plan design and all plan benefits shall be those outlined within the updated version of the employees benefits handbook and shall not be changed without mutual agreement of the City and the UNION. The updated and finalized SPD shall be provided to the City's Plan Administrator (TPA) and the TPA will administer the Plan benefits in accordance with the definitions and other language agreed to and contained in the SPD. Life and Accidental Death and Dismemberment (AD&D) The City agrees to pay $8.08 per all eligible bargaining unit member per pay period to the UNION to provide life insurance coverage in the amount of $40,000.00 and AD&D coverage in the amount of $80,000. The UNION, has secured a multi -year rate guarantee from the provider, Reliance Standard. 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. MedicallVision: The City currently offers medical, dental and vision benefit plans through a self -funded plan in which all bargaining unit members, upon obtaining eligibility, may enroll, to wit: 61 Medical/Vision Cigna Network Dual Choice/POS Cigna Network Dental DHMO - Cigna/DPPO -Guardian EAP Cigna Health Care It is agreed between the parties that as of January 1, 2015, 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, 2018, (the beginning of the next Plan year) any increases or decreases in the cost of the City's health plan shall be shared by current active employees on the following basis for all medical plans: Plan Year 2018: Dual Choice/POS (Cost of coverage shown biweekly) Single $40.55 Single + spouse $89.21 Single + Children $75.01 Family $115.56 62 Plan Year 2018: Point of Service Plan Co -Pays: Primary Care Physician: $25.00 per visit Specialists from within POS Network: $40.00 per visit As there are frequent and rapid changes in health care costs, it is understood and agreed between the parties that any changes in contribution amounts will be made based on the annual calculation of theoretical premium. It is agreed that should actual operating claims and administrative costs, and reserve costs increase at a rate higher than the projections used to establish the employee contributions above (projection used is 10% increase in total premium each year), then those employee contributions shall be adjusted to reflect the increase and shall be effective at the beginning of the Health Plan Year. Likewise, should the theoretical premium cost decrease more than the projections used to establish the employee contributions stated above, those employee contributions will be lowered to reflect the overall theoretical premium decrease. In any given plan year, projections used to establish any increase in contributions from the employee shall be capped at 15%. Prescription Drug Coverage The City currently offers a prescription drug benefit plan for those bargaining unit members enrolled in POS plans. It is a self -funded plan administered by Cigna Health Care and consists of the current benefit: Cigna Pharmacy Retail Drug Plan; $15 per 30 day supply for generic drugs S40 per 30 day supply for preferred brand name drugs 63 $60 per 30 day supply for non -preferred brand name drugs 50% of drug cost per 30 day supply for self-administered Injectables (e.g. injectables drugs used to treat rheumatoid arthritis, hepatitis C, multiple sclerosis, asthma). Cigna Tel Drug Mail Order Drug Program: $0 (no charge) per 90 day supply for generic drugs $80 per 90 day supply for preferred brand name drugs $120 per 90 day supply for non -preferred brand name drugs 50% of drug cost per 90 day supply for self-administered Injectables (e.g. injectables drugs used to treat rheumatoid arthritis, hepatitis C, multiple sclerosis, asthma). Since prescription drug costs are a major component of the health plan and are subject to significant annual cost increases, the City and the UNION agree to evaluate and measure pharmacy benefit total costs and evaluate best practice strategies to manage the pharmacy benefit. Any changes in the pharmacy benefit shall be mutually agreed to by the City and the UNION. Dental: Dental premium rates may be adjusted annually upon the City receiving notice from the dental providers. Employees will be notified of the adjustments in the dental rates during open enrollment. In accordance with current practice, when employees choose to be covered under the City's dental plan, the employee will continue to pay the dental premium. 64 Employee contributions: In accordance with the City's Cafeteria Plan group health premiums will be paid by the bargaining unit employee with pre-tax dollars. Health Committee It is agreed that a standing committee will be created called the Health Insurance Committee. It shall be made up of six (6) City of Miami Employees, one member appointed by the IAFF, one member appointed by AFSCME, Local 1907, one member appointed by AFSCME, Local 871, two members appointed by the City Manager and one picked by mutual agreement of the Unions and City Manager. The Group Benefits Coordinator shall serve as a technical advisor to the committee, but will not be a member nor have a vote. Based on this commitment and in collaboration with labor and management, this Committee will work during the term of this contract to identify ways to strengthen and improve our health plan. This will include, but is not limited to: Obtain timely, accurate, and transparent reporting, with full disclosure, of all costs from our vendors. Identify plan vendor administrative improvements and efficiencies that can have a significant impact on reducing health expenditures and to ensure that our health plan vendors are delivering maximum administrative savings. Educate employees on better understanding and use of their health plan. Identify the impact of health improvement and disease management initiatives to decrease overall medical and drug costs. Identify members who would benefit from health improvement initiatives and institute programs to improve member's health. 65 Evaluate and measure our pharmacy benefit total costs and fully assess the costs from our pharmacy benefit manager (PBM) vendor. Identify proven strategies to more effectively provide prescription benefits, and obtain vendor (PBM) administrative savings to successfully manage this important benefit. Make recommendations to the City Manager to reduce health expenditures while maintaining a quality health plan at an affordable cost and which improves the health of employees and dependents. Review employee complaints and remedy situations concerning claims so long as the decision does not change or impact current benefits. This is intended to reduce the need for the grievance procedure; however, the bargaining unit member does not waive his/her right to file a grievance should the committee's remedy is not satisfactory to the employee. Review and update the Summary Plan Description (currently titled City of Miami Life and Health Benefits). Any and all other health care and wellness issues identified by the Committee as promoting initiatives to improve the health of employees and dependents while maintaining a quality health plan. The Committee shall meet monthly or as soon as practicable to commence initiatives outlined above. Insurance Deductions by Payroll 28.2 The City shall continue to make available to the UNION a payroll deduction slot to purchase local UNION sponsored insurance programs. 66 Upon receipt of appropriate authorization from employees, the City will make the designated deductions and forward monies to the UNION. The City shall deduct from that remittance an amount for the cost of these deductions. The amount will be calculated at two cents (20) for each employee deduction, each payroll period, and ten cents (100) for each addition, deletion, or modification to the individual deduction. The UNION shall indemnify and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in executing this activity. The Director of Human Resources or designee will advise the UNION of the deduction procedures that will be followed in the implementation and administration of this activity. 67 ARTICLE 29 UNIFORMS AND SAFETY SHOES 29.1 In those classifications where the employer requires that the employee wear safety shoes, the City shall, effective the first full pay period following ratification of the labor agreement, issue an allowance in the amount of One Hundred and Seventy -Five Dollars ($175.00) for the purchase of an initial pair of safety shoes. 29.2 When, due to wear and tear or accidental job destruction, a replacement pair of shoes is required, the City will grant up to an additional One Hundred and Seventy -Five Dollars ($175.00) for the purchase of another pair of safety shoes. This additional One Hundred and Seventy -Five Dollars ($175.00) shall only be provided when the worn out or damaged pair of shoes is turned into the Department. The Department Director, or designee, shall determine when, in their judgment, a pair of safety shoes shall be issued on the basis of need and not on an automatic basis. Management reserves the right to provide safety shoes directly to the employee in lieu of the approval provisions. 29.3 Employees in those classifications required to wear safety shoes shall be subject to the loss of a day's pay for each day that the employee reports to work not wearing the required safety shoes. Action under this section shall not be grievable under the Grievance Procedure or appealable to the Civil Service Board. If a medical waiver is obtained stating that the employee is unable to wear safety shoes, then the penalty stated above is not applicable. 29.4 Safety shoes shall not be worn by the employee when the employee is off duty. 68 29.5 Employees shall be advised of shoe models which conform to City standards. The shoe allowance authorized by this Article shall only be paid where an employee purchases a pair of safety shoes whose quality is certified as acceptable by Management. 29.6 City furnished equipment where required by the employer will be replaced when worn out or damaged only if the employee returns the worn out or damaged equipment to the Department. This includes, but is not limited to, gloves, boots, inclement weather gear and other equipment. A bargaining unit employee shall reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City equipment when the employee's carelessness and/or negligence results in the loss, theft, or damage of the equipment. 29.7 Mechanics covered under this contract shall be provided with safety eyewear. Those bargaining unit members requiring prescription safety eyewear due to their inability of wearing regular safety eyewear will be provided prescription safety eyewear. The bargaining unit member is responsible for obtaining the prescription at no cost to the City. 29.8 The City shall provide a minimum of five (5) uniforms (including shirts and pants) per year to any classifications required to wear uniforms. 29.9 The City will provide laundry services for uniforms worn by Mechanics classifications. 69 ARTICLE 30 TOOL ALLOWANCE 30.1 The City agrees to pay a quarterly tool allowance for Automotive Mechanic, Heavy Equipment Mechanics, Welders and Auto Body Worker/Painter in the amount of One Hundred Dollars ($100.00) quarterly. Such tool allowance will be paid to the employee within the first fifteen (15) days after the close of the quarter. 30.2 Mechanics' tools, which are stolen due to vandalism or forced entry upon the employer's property, will be replaced upon proof of a police report and an itemized list of the tools stolen. 30.3 The Department Director or his designee shall have the sole right to develop or redevelop a basic minimum tool list which employees must have to be hired in the various trades' classifications. The Department Director may grant a reasonable length of time for any employee to acquire additional tools to meet the basic minimum tool allowance inventory. Employees who fail to meet the basic minimum tool list inventory shall not receive a tool allowance. Tools may not be loaned to meet the basic inventory tool list. 30.4 The Department Director or designee, shall provide a required minimum list of tools for Automobile Mechanic & Motorcycle Mechanic, Heavy Equipment Mechanic, Maintenance Mechanic, Auto Body & Painter, Welder, Machinist, Mason, Carpenter, Electrician, Lineman, Plumber, Painter, A.C. Mechanic, Sign Painter, Communication Technician, or any other classification not listed that the Department Director may feel is necessary to add. 70 30.5 The affected employees within the above -listed classifications shall submit an inventory of all their personal tools, including the make and model of each tool, to their immediate supervisor outside the bargaining unit who will verify the list. The employee will maintain a copy of said inventory list and a copy will be filed with the Department Director or designee. This list shall be periodically checked and updated. The City shall replace broken, stolen, and worn out tools upon request and confirmation that the broken, stolen, or worn out tool was on the recorded inventory. This replacement policy does not apply to the classifications receiving the quarterly tool allowance as provided under this Article. Submission of the inventory list of tools in excess of the basic minimum tool list shall be completed within sixty (60) days after ratification of this Agreement. 71 ARTICLE 31 TUITION REIMBURSEMENT 31.1 It is agreed between the parties that the tuition reimbursement program is designed to encourage City employees to improve their job performance and increase their value to the City by pursuing courses of study related to their job duties at accredited educational institutions. The policy governing the tuition reimbursement program is intended to be flexible, with broad discretion for approval reserved to the Department Director and the City Manager so as to insure on-the-job effectiveness of City employees. Tuition reimbursement shall not be subject to budgetary constraints. 31.2 Any full-time, permanent City employee shall be eligible to participate in the Tuition Reimbursement Program. 31.3 All course work must be taken at or from an accredited college, university or educational institution approved by the City Manager or the Department of Human Resources designee. Course work taken under provisions of this Article must be directly related to the employee's job duties. Class attendance will be on the employee's own time unless otherwise noted in the course announcement and authorized by the City Manager or the Department of Human Resources designee. 31.4 Effective upon ratification, reimbursement will be limited to books, lab fees, and tuition costs up to a maximum of $4,000.00 per calendar year. 31.5 To be eligible for reimbursement, the employee must successfully complete the course work and provide evidence of successful completion to the City. Successful completion must be evidenced by a grade of "C" or better. 72 31.6 Procedures for reimbursement will be as follows: A. The employee must obtain three (3) copies of the Application for Tuition Reimbursement form for each course from their department or the Human Resources Department. B. The employee must complete the application in triplicate and submit it to his/her Department Director prior to registration at the education institution. C. The Department Director will then review the application and if approved forward the original and one copy to the Human Resources Department. If the application is not approved, it is then returned to the employee by the Department Director. D. The Human Resources Department has the authority to approve or not approve the application, and applications not approved will be returned to the Department Director with the reason for rejection noted thereon. 31.7 In the event the employee resigns or is terminated from the City within one (1) year following completion of the course(s) for which City funds have been expended, the amount of tuition reimbursement paid to the employee will be reimbursed to the City by the employee upon his/her termination from the City through a deduction from his/her final paycheck. 31.8 Upon completion of the course work, the employee must submit his/her semester grade report together with the tuition fee receipt to his/her Department Director. The Department Director will submit the approved application for tuition reimbursement along with the employee's semester grade report to the Finance Department who shall then reimburse the 73 employee for the City's share of the tuition reimbursement. The employee's Department Director will advise the Human Resources Department of the employee's satisfactory completion of the course. 74 ARTICLE 32 CALL BACK PAY 32.1 Any bargaining unit member eligible for overtime shall, if recalled to duty during off -duty hours, receive a minimum of three (3) hours plus one (1) hour travel time, paid at the overtime rate. The parties agree that call-back hours shall not be used in the computation of arriving at average earnings for purposes of establishing pension benefits. 32.2 It is not the intent of this Article or any other Article of this Agreement to provide pay for a bargaining unit member out on ill time or workers compensation to receive call-back pay, overtime pay or straight time pay for taking the required physical before said employee may be released to return to work. 75 ARTICLE 33 JURY DUTY/COURT APPEARANCE 33.1 Employees serving on jury duty shall be carried "JD" (Jury Duty) for actual working time lost when called to serve on jury duty. Such employees shall be paid at their regular hourly rate for all working time lost up to forty (40) hours per week. Employees who work a regular shift between the hours of 11:00 p.m. and 7:00 a.m. and who are summoned to jury duty the day preceding their regular shift, shall be carried on leave of absence with pay for their regular shift. All employees released early from jury duty shall report back to work during their regular work schedule or shall forfeit the City compensation for Jury Duty for all hours they are absent. 33.2 In consideration of receiving their regular pay, employees called to serve on Jury Duty shall promptly notify their supervisor of the call to Jury Duty. The supervisor shall make a copy of the summons to Jury Duty and forward said copy with the payroll sheets for the week in which the employee is on Jury Duty. Employees who serve as jurors for Federal Court shall have deducted from their paycheck a jury duty fee equal to that compensation paid to the employee by the Federal Court in his/her jurisdiction per day in the payroll period following the week in which the employee was on Jury Duty. Employees who serve as jurors for State and County Court shall not have Jury Duty fees deducted for the first three (3) days of juror service. Employees who serve more than three (3) days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to that compensation paid to the employee by the State or County Court in his jurisdiction. 76 Any changes by the Courts in the above fees shall be reflected in the employee's paycheck as they occur. Where Courts provide free parking for jurists, employees will not be reimbursed for any parking receipts submitted while attending such courts. 33.3 Attendance in court in response to legal order or subpoena to appear and testify in private litigation not in connection with an employee's official duty, but rather as an individual, shall be taken as vacation, compensatory leave, or leave of absence without pay. 33.4 When requests for appearances before the Civil Service Board require witnesses, the Civil Service Office shall require that said requests delineate who are character witnesses and who are witnesses testifying as to the incident at hand. Should the number of character witnesses exceed two (2) then a statement from those additional character witnesses shall be submitted to the Civil Service Board stipulating to the character of the employee on appeal before the Civil Service Board. 77 ARTICLE 34 COMMENDATION PAID LEAVE 34.1 A department director, upon approval by the City Manager, or designee, may grant up to forty (40) hours of paid leave to any employee whose job performance is of such exemplary or heroic nature as to warrant this special consideration. This Article shall not be subject to the grievance procedure or arbitration. 78 ARTICLE 35 PARKING 35.1 The City agrees to provide non -assigned parking space for all bargaining unit employees who drive their personal automobiles to work. This parking space will be of at no cost to the employee while the employee is on duty. The City will not assume the cost of parking for those employees who may not desire to use the parking space provided by the City. Any questions with regard to employee parking shall be reviewed and a determination made by the Department of Human Resources designee and shall be final and binding. 35.2 The UNION President will meet and confer with the Department of Human Resources designee on parking concerns should the need arise and the Department of Human Resources designee will attempt to resolve said concerns consistent with budgetary constraints. 79 ARTICLE 36 BLOOD DONORS 36.1 Employees who volunteer as blood donors to contribute to on -site City supported Blood Donor Organizations as approved by the Department of Human Resources designee will be authorized the paid absence necessary to accomplish this purpose. The Blood Donor Organization's personnel will determine what amount of time the donor will need from the point of donation until they are released to go back to work. 80 ARTICLE 37 VACATION 37.1 Vacations shall be taken by the last payroll period of the calendar year in which the vacation was credited. Effective upon ratification of the labor agreement, employees shall be allowed to carryover five hundred (500) hours of the previous year's credited vacation. Any excess vacation over the five hundred (500) hours allowed carryover shall be forfeited after January 1st and no exceptions to the maximum carryover allowance shall be permitted absent the express written approval of the City Manager. Bargaining unit members with unused accrued vacation hours in excess of two hundred (200) hours as of September 30, 2010, shall have those hours in excess of two hundred (200) grandfathered, and those employees with grandfathered hours over two hundred (200) hours shall be allowed to carryover up to a maximum of those hours or to a maximum of five hundred (500) hours, whichever is greater, from year to year. 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. If an employee is unable to take a previously authorized vacation due to cancellation by the Department Director or designee, any hours in excess of the 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. 37.2 Vacation shall be accrued in accordance with the following chart: Years of Services Hours Accrue 1 5 years 96 hours 6 - 7 years 114 hours 8 years 116 hours 81 9 years 10 years 11 years 12 years 13 years 14 years 15 years 16 - 20 years 21 years 22 years 23 years 24 years 25 years 26 years 27 years 28 years 29 years 30 years 31 years 32+ years 124 hours 132 hours 136 hours 140 hours 144 hours 148 hours 152 hours 174 hours 176 hours 180 hours 184 hours 188 hours 192 hours 196 hours 200 hours 204 hours 208 hours 212 hours 216 hours 220 hours 37.3 An employee's annual vacation accrual shall be reduced for leaves of absence without pay and suspensions. The employee's annual vacation accrual shall be reduced on a yearly basis in accordance with the following schedule: Hours Without Pay 88 thru 176 Hours 177 thru 349 Hours 350 thru 522 Hours 523 thru 695 Hours Penalty 1 month annual vacation accrual 2 months annual vacation accrual 3 months annual vacation accrual 4 months annual vacation accrual 82 696 thru 868 Hours 869 thru 1041 Hours 1042 thru 1214 Hours 1215 thru 1387 Hours 1388 thru 1560 Hours 1561 thru 1733 Hours 1734 thru 1906 Hours 1907 thru 2080 Hours 5 months annual vacation accrual 6 months annual vacation accrual 7 months annual vacation accrual 8 months annual vacation accrual 9 months annual vacation accrual 10 months annual vacation accrual 11 months annual vacation accrual 12 months annual vacation accrual 37.4 Vacation leave must be requested twenty-four (24) hours in advance of use and shall be taken in increments of not less than one (1) hour. On those occasions where more than one employee in a classification has simultaneously requested vacation leave for the same period of time, the leave shall be granted by classification seniority. Vacation leave may be granted by the Department Director or designee on an emergency basis. Should such request be denied, the employee may only appeal such denial to the Director of Human Resources or designee. Upon an employee's retirement or separation from City service, the employee will be paid for those vacation hours credited and earned through the employee's separation date. 37.5 Vacation shall be calculated on actual service in the previous calendar year and shall only be taken after the completion of six (6) months of actual continuous service. 83 ARTICLE 38 SECURITY OPERATIONS 38.1 The City and the UNION and its officers, agents and members recognize there are assignments within the Miami Police Department where security of information is an absolute necessity. Therefore, the Chief of Police at his sole discretion may reject an employee to such assignment within the Miami Police Department when the Chief has reason to believe that there is potential for the Security of the Department to be compromised. 38.2 Upon request of the UNION President, the Department of Human Resources designee will review such denial of assignment. Said review will be final and the decision of the Department of Human Resources designee will be binding and not subject to any appeal procedure. 84 (PLEASE REFER TO THE 4/26/2012 MEMORANDUM OF UNDERSTANDING FOR SECTION 39.11) ARTICLE 39 SICK LEAVE 39.1 The parties agree that care and discretion shall be exercised by Management and the UNION in order to prevent the abuse of sick leave privileges. Absences on account of t vial indispositions must be discouraged. To determine the extent or reasons for an employee's absence on sick leave, the employee's immediate supervisor outside the bargaining unit or management designee may visit the home of the employee on sick leave with pay. In cases where Management suspects that an employee is malingering, sick leave with pay shall not be grante d. 39.2 Permanent bargaining unit employees may accrue eight (8) hours sick leave per month, provided that the employee is in pay status at least one hundred twenty (120) hours per month to be utilized in not less than one (1) hour increments. 39.3 New hires will accrue sick leave in accordance with Section 39.2 above. However, no sick leave with pay shall be granted during the employee's first ninety (90) working days. 39.4 To receive sick leave with pay, a bargaining unit employee must take steps to notify his/her immediate supervisor or the person designated by the Department to receive such notice of illness within thirty (30) minutes of their regularly scheduled time for work, excluding the Fire and Police Departments wherein departmental rules will apply. It shall be the bargaining unit member's responsibility to notify the Department designee each day the employee will be out ill within the time frames outlined above. 85 39.5 Bargaining unit members may be allowed to use accrued sick leave when needed due to the serious injury or acute illness of any actual dependent member of the employee's household. Said dependent member of the employee's household shall be limited to the employee's immediate family. The immediate family shall be defined as father, mother, sister, brother, husband, wife, domestic partner, children, father-in-law, mother-in-law, grandparents, spouse's/domestic partner's parents, grandparents, stepfather and/or stepmother. 39.6 In those instances where an employee has utilized all their sick leave, they will be allowed to utilize vacation and/or compensatory leave for this purpose. Employees will be required to provide a doctor's excuse in these instances. 39.7 Any employee absent on sick leave for more than three (3) consecutive work days must report to the Department of Human Resources and obtain approval before returning to work. The Department of Human Resources will have the City designated physician prepare a list of those medical illnesses or injury that will require the employee to be sent to the City doctor's office prior to being cleared to return to work. Those medical conditions which are minor in nature and not on the prescribed list will only require the employee to report to the Human Resources Department for clearance to report to work. 39.8 Bargaining unit employees who exercise normal retirement shall receive a cash payment equal to one hundred percent (100%) of their unused accumulated sick leave up to seven hundred and fifty (750) hours. Bargaining unit members with accumulated sick leave balances over seven hundred and fifty (750) hours as of September 30, 2010, will have their balances in excess of seven hundred and fifty (750) hours grandfathered. Upon exercising 86 normal retirement bargaining unit members shall be paid for fifty (50%) of those unused grandfathered sick leave hours in excess of seven hundred and fifty (750) hours in their bank. 39.9 Employees who terminate employment with the City under honorable conditions shall receive a sick leave cash payout as follows: More than 7, but less than 15 years of service 25% up to 750 hours, or up to a maximum of their unused grandfathered sick leave hours in excess of seven hundred and fifty (750) hours. More than 15 years of service 50% up to 750 hours, or up to a maximum of their unused grandfathered sick leave hours in excess of seven hundred and fifty (750) hours. 39.10 Employees who are terminated shall not receive compensation for unused sick leave upon separation of service or retirement. 39.11 A bargaining unit member's maximum sick leave carryover from calendar year to calendar year shall not exceed seven hundred and fifty (750) hours or the number of unused accumulated sick leave hours in excess of the seven hundred and fifty (750) hours grandfathered as of September 30, 2010, and any hours accrued in excess of the maximum carryover in a given year are not permitted to be carried over by the bargaining unit member. Bargaining unit members with unused accumulated sick leave hours in excess of maximum carryover at the end of the year shall be paid for one hundred percent (100%) of the unused portion of their accumulated sick leave in excess of the maximum carryover. 39.12 Payoff for accumulated sick leave shall not be used to calculate average earnings for pension purposes. 87 39.13 Employees with ten (10) or more years of service who are laid off under honorable conditions may repurchase sick leave for which they were paid off at the time of separation, subject to the following conditions: 1) They are rehired within twelve (12) months from the date of their separation. 2) They remit to the City an amount equal to their hourly rate in their rehired position multiplied by the number of hours of sick leave for which they were previously paid. This buy back option must be exercised and paid for within thirty (30) days from the date the employee returns to the employ of the City. 3) If the buyback option is properly exercised, the City will credit the employee with the balance of sick leave hours credited to his account as of the date the employee was laid off. 39.14 In recognition of those employees who display perfect attendance in any one calendar year, the City will present the employee with a certificate of appreciation. There will be an annual drawing of one hundred (100) employees by an individual selected by the Director of Human Resources or designee and the UNION President from the pool of eligible employees with perfect attendance. Each of the one hundred (100) employees whose name is drawn shall receive a one hundred dollar ($100) cash prize. In order to qualify for perfect attendance recognition, the employee must not have utilized any sick leave, nor been on disability, nor have been in any without pay status during the year. 88 ARTICLE 40 TARDINESS 40.1 Tardiness is reporting for work in excess of five (5) minutes beyond the scheduled starting time of the shift (or as provided in Police or Fire Department rules). Approved pre- arranged time off shall not be considered an instance. Unexcused absences resulting in tardiness shall be counted as an "instance." When an employee reports to work within a period that is more than five (5) minutes after his/her scheduled starting time, and provides an excuse that is acceptable in the sole discretion of Management, which shall not be arbitrarily or capriciously applied, the employee may elect to utilize vacation, compensatory time or sick leave. Election of vacation, compensatory time or sick leave for an excused tardiness shall be taken in fifteen (15) minute increments. An annual period shall be defined as a twelve (12) month period beginning with the occurrence of the employee's first tardiness instance. Management may, in its discretion, allow an employee to utilize vacation, compensatory time or sick leave for a tardiness even if the tardiness is unexcused. 40.2 Employees shall be disciplined for instances of tardiness in an annual period in accordance with the following schedule: Number of Tardy Instances Discipline 3rd instance in annual period Written warning 6t11 instance in annual period Written reprimand 10th instance in annual period Three (3) day suspension 11th instance in annual period Fourteen (14) day Suspension 12th instance in annual period Dismissal Disciplines issued pursuant to the schedule shall not be considered for purposes of progressive discipline after the annual period expires. 89 40.3 Tardiness appeals shall only be appealable through the Grievance Procedure Article as set forth in the Agreement. Exceptions to the above schedules may be granted by the Director of Human Resources or designee, if the individual circumstances warrant such action. 90 ARTICLE 41 FAMILY MEDICAL LEAVE AND LEAVE WITHOUT PAY 41.1 Bargaining unit members may request a leave without pay in accordance with the Family and Medical Leave Act of 1993, as amended. Such leave is provided under the law for birth, adoption or foster care of a child and for a serious health condition of the employee or the employee's spouse, child, parent or grandparent, eligible deployment return from deployment rights or any other FMLA eligible event. Employees taking leave under the Family and Medical Leave Act (FMLA) shall be limited to a ninety (90) day FMLA leave, or twenty-six (26) workweeks FMLA leave for the care of a covered service member, in a 12-month period. An extension of an additional ninety (90) day of leave without pay may be granted upon request to the Director of Human Resources or designee as specified under Section 41.3. Upon approval of such extension, the employee will be required to pay the full premium amount for health insurance coverage. 41.2 Upon approval of the Department Director, with the approval of the City Manager or the Director of Human Resources or designee, a leave without pay may be granted, for the purpose of training or study calculated to improve the quality of the employee's service to the City through course work directly related to the employee's job for up to six (6) months. The request for leave without pay may be extended for an additional six (6) months upon the approval of the Department Director and approval of the City Manager or the Director of Human Resources 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. 91 41.3 Upon approval of the Department Director, with the approval of the City Manager or the Director of Human Resources or designee, a leave without pay may be granted, for an acceptable reason other than specified herein, for a period not to exceed ninety (90) day calendar days. Approval for said leave of absence without pay is at the sole discretion of the City Manager or Director of Human Resources or designee and shall not be appealable to the Civil Service Board or the grievance procedure. 41.4 Bargaining unit employees who desire to take a leave without pay for any reason specified in this Article, excluding a serious health condition, must exhaust their vacation and leave banks prior to taking a leave without pay. A request for leave without pay for a serious health condition as provided under the Family and Medical Leave Act shall require the bargaining unit employee to use all sick and vacation banks prior to taking such leave. The usage of such leave time will not prohibit the employee from taking leave without pay as specified herein. 41.5 Bargaining unit employees who take a leave without pay for any reasons specified in this Article shall not accrue leave time. At the expiration of a 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. 92 41.6 The acceptance of another position or engaging in other employment by the bargaining unit employee while on a leave of absence without pay shall be deemed a voluntary resignation from the service of the City of Miami. 93 ARTICLE 42 LABOR/MANAGEMENT PARTNERSHIP COMMITTEES 42.1 A Departmental Labor/Management Partnership Committee may be established in each department of the City of Miami. Said Committee membership shall include representatives from classified support staff (M/C), unclassified staff, executives and the AFSCME bargaining unit dues and non -dues paying members. 42.2 The Departmental Labor/Management Partnership Committee may meet at least once a month, and such meetings shall be scheduled during normal business hours. The purpose of these meetings will be to discuss quality of work -life, productivity, service, communication and objectives of mutual concern, not involving matters which have been or are the subject of collective bargaining between the parties. It is understood that these Departmental Labor/Management Partnership Committee meetings shall not be used to renegotiate the labor agreement between the City and AFSCME. All decisions made by the Departmental Labor/Management Partnership Committee shall be by affirmative consensus. 42.3 The Departmental Labor/Management Partnership Committee meetings shall be conducted on a semiformal basis with the selection of a chairperson to be determined by the members of the Committee. Length of participation of Committee members shall be determined by the Departmental Labor/Management Partnership Committee. The chairperson shall arrange for minutes to be taken of each meeting and for the distribution of copies to each member of the Committee, the UNION President, and the City's Human Resources Director or designee. 94 ARTICLE 43 BEREAVEMENT - DEATH IN FAMILY 43.1 Bargaining unit members may, in the case of death in the immediate family, be authorized up to a maximum of forty (40) hours of paid leave to attend to funeral or estate related functions of a member of the employee's immediate family, or is at home in a state of bereavement. Said paid leave days shall be taken consecutively by the employee excluding normal days off and holidays. 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 parents, grandparents, grandchildren, stepchildren, stepfather and/or stepmother and may include any other person who was or has been an actual member of the employee's household for ten (10) or more years. Within thirty (30) calendar days from the date the employee returns from a death in the family, the employee will file a copy of the death certificate of the deceased family member. Said death certificate will be attached to the form provided by the City and submitted to the Human Resources Department. Failure to produce the death certificate will result in the employee reimbursing the City for any days taken under this Article. Any employee found to have falsified his/her application for death in the family ("K" day) will be dismissed. 43.2 It is understood that under certain circumstances the employee will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the employee shall submit any other documentation that reflects the death and family relation as deemed appropriate by the Department of Human Resources or designee. 43.3 Bereavement leave is for attending a funeral or to attend to estate issues or in a state of bereavement and must be taken within 45 days of the death of the family member. The Director of the Department of Human Resources 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. 95 ARTICLE 44 MILITARY LEAVE 44.1 The City shall abide by the current provisions of the Florida Statutes, Sections 115 and 250 as they relate to all bargaining unit employees who are either reserve officers or enlisted personnel in the Florida Defense Force, the National Guard, Naval Militia, Marine Corps, U.S. Army Reserve, U.S. Naval Reserve, U.S. Marine Corps Reserve, U.S. Coast Guard Reserve, U.S. Air Force Reserve or officers or enlisted personnel in any other class of the militia entitling the employee to leave of absence from their respective duties without loss of pay, time, efficiency rating or Civil Service seniority credits on all days during which they shall be engaged in field or Coast Guard defense exercises or other training ordered under the provisions of the U.S. Military or Naval Training regulations or under the provisions of the Florida Defense Force or the National Guard; provided that leaves of absence granted as a matter of legal right under the provisions of this section shall not exceed seventeen (17) days in any one calendar year unless other local, state or Federal laws which may be applicable grant additional time. 44.2 Requests for military leave shall be made to the Department of Human Resources designee as early as possible but at least two (2) weeks prior to the date such leave commences with proper orders attached. 44.3 Employees who take the military leave provided in this section shall be credited with that time on their seniority status, in the City of Miami Civil Service Records•Department of Human Resources. 96 ARTICLE 45 HOLIDAYS 45.1 The following days shall be considered holidays: New Year's Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Day after Thanksgiving Labor Day Christmas Day Dr. Martin Luther King's Birthday 45.2 Any additional holidays declared by official directive of the City Manager shall he added to the above list. 45.3 Employees performing work on any of the above holidays shall be paid eight (8) hours holiday pay plus actual hours worked at time and one-half of their straight time hourly rate, or shall be given scheduled compensatory time off at the rate of time and one-half for the hours actually worked on the holiday. 45.4 All conditions and qualifications outlined in Article 27, titled "Overtime/Compensatory Time", shall apply to this Article. Hours of compensatory time accumulated under this Article, when added to the compensatory time earned under the Article entitled "Overtime/Compensatory Time", shall not exceed one hundred fifty (150) hours. 45.5 To be eligible for holiday pay, an employee must work a full shift or be in a paid leave status on the scheduled workdays which immediately precede and follow the holiday. If an employee works at least seven (7) hours of his/her regular shift, the employee will either be charged one (1) hour from either his/her compensatory time or vacation leave bank, or carried 97 in without pay status at the sole discretion of the supervisor. An employee who works at least seven (7) hours as described in this section shall be eligible for holiday pay. 98 ARTICLE 46 PROMOTIONS 46.1 Qualified applicants for promotion to any bargaining unit position shall be selected for interview in the following order, unless otherwise prohibited: 1) Applicants employed in the same Department in which the vacancy exists, 2) Applicants employed by the City, and 3) Other applicants. 99 ARTICLE 47 RESIDENCY 47.1 It is agreed by the parties that while residency is not a condition of employment a candidate that is otherwise equally qualified will be given, at time of hire, preference for employment in order of domicile as follows: (1) City of Miami resident, (2) Miami -Dade County resident, (3) resident outside of Miami -Dade County. 100 ARTICLE 48 TOTAL AGREEMENT 48.1 This Agreement, upon ratification, constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term. 48.2 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. 48.3 The parties agree that this Collective Bargaining Agreement represents the total agreement for terms and conditions of employment during the life of this contract and no request shall be made to increase wage or other employee benefits through the Civil Service Board, City Manager or the City Commission during the life of this Collective Bargaining Contract. 101 ARTICLE 49 SAVINGS CLAUSE 49.1 In the event any article, section or portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction, such decision shall apply only to the specific article, section or portion thereof specified in the Court's decision, and that portion of this Agreement in conflict shall be null and void but the remainder of the Agreement shall remain in full force and effect, with it being presumed that the intent of the parties was to enter into the Agreement without such invalid portion or portions. 49.2 The City's representatives as defined in Article 2 and the UNION's representatives as defined in Article 3 shall promptly meet to negotiate a substitute for the invalidated article, section or portion thereof as might be determined in accordance with Section 49.1 of this Article. 49.3 Notwithstanding any other provisions of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. 102 ARTICLE 50 SENIORITY 50.1 For purposes of this article, seniority shall be defined as the most recent date of hire into a classification within the bargaining unit with the City unless otherwise agreed upon by the UNION President and the Director of Human Resources or designee. 50.2 Seniority shall only be applied in the assignment of days off in units with two (2) or more shifts. Seniority shall not be a prevailing factor for assignment or promotion to a unit, section or division within a department. 50.3 Exceptions to the use of seniority as specified in 50.2 may occur in an emergency situation, when physician ordered, for training purposes, when language skills are needed, compliance with the Americans with Disabilities Act, when special knowledge or skills are needed as mutually agreed upon by the City and the UNION, or when mutually agreed by the affected employees and management through the labor/management process. 50.4 Once every October, shift assignments and days off will be re -bid by seniority. 103 ARTICLE 51 LEAVE BALANCE PAYOFFS 51.1 Employees electing to retire and upon separation will receive payment of leave balances upon retirement as currently specified under this agreement. 104 ARTICLE 52 PENSION 52.1 The parties agree that for the term of this agreement the pension benefits and employee contributions of employees covered by this agreement shall be as provided in the City of Miami General Employees' and Sanitation Employees' Retirement Trust Section 40-241 through 40-290, Miami City Code ("GESE"), as amended except as follows: 52.2 The parties agree that effective October 1, 2011, the GESE amortization periods will be revised to add 5 years to the existing amortization periods and change periods for future amortizations as follows: A. Plan benefit changes for active employees over 20 years (currently 15). B. Plan benefit changes for retired employees over 15 years (no change). C. Assumption changes over 20 years (currently 15). D. Experience Gains and Losses over 20 years (currently 15). 52.3 Effective September 30, 2012 or upon implementation of this Article if later (the "effective date"), the following benefit change will be implemented for all current employees hired before or after ratification of this agreement who have not reached normal retirement eligibility, and for all future employees: The maximum normal retirement benefit shall not exceed $80,000 annually; provided, any employee who has an accrued benefit in excess of $80,000 annually on the effective date shall retain that benefit, but shall not accrue any additional benefits after that date. 105 52.4 BACKDROP option. A backdrop benefit option shall be implemented on January 1, 2013. The Backdrop option shall replace the existing DROP program. Employees who have not attained normal retirement eligibility as of the effective date or were not vested by October 1, 2010, and all employees hired on or after that date, will be eligible for the Backdrop option, but will not be eligible for the DROP. Anyone eligible for the forward DROP as of January 1, 2013, remains eligible for the forward DROP as it presently exists and anyone eligible for the forward DROP as of January 1, 2013 or vested prior to October 1, 2010, who chooses not to enter the forward DROP remains eligible for the Backdrop. (a) An eligible employee who elects the Backdrop option shall receive a monthly benefit payable on the employee's actual retirement date (date of retirement and separation from City employment) based on the benefit the employee would have received if he/she had left City employment and retired on an earlier date after attaining normal retirement eligibility (the Backdrop date"). In addition, an eligible employee who elects the Backdrop option will receive a lump sum payment equal to the accumulation of monthly retirement benefit payments he/she would have received during the period following the Backdrop date through the actual retirement date (Backdrop period"), plus interest at the rate of 3% per year, compounded annually. An eligible employee may elect a minimum Backdrop period of 1 year and maximum Backdrop period of up to seven years. An eligible employee who elects the Backdrop option must select the normal form of benefit or an optional form of benefit at the time of electing the Backdrop option. The employee's monthly benefit as well as the lump sum payment under the Backdrop option is based on the form of benefit selected. 106 (b) Employees are eligible to elect the Backdrop option after completing one year of creditable service following the normal retirement date. A Backdrop election must be made within 10 years after becoming eligible for normal retirement. The maximum Backdrop period is 7 years. Eligible employees who wish to elect the Backdrop option must provide written notification to the City at least 8 months prior to the employee's retirement date; provided a lesser notice period may be approved by the City Manager due to special circumstances. Bargaining unit members will be eligible to revoke their Backdrop election one time, but within 1 month of their election. However, if a bargaining unit employee is granted a lesser notice period by the City Manager due to special circumstances, the employee will not be eligible for the one-time Backdrop election revocation. Employees are not required to elect the Backdrop option. (c) All or a portion of the lump sum payment under the Backdrop option may be rolled over to an eligible retirement plan or IRA in accordance with federal law. 52.5 The employee pension contribution shall be 10%. If the back DROP is ever terminated, for any reason, the rights of all persons then in the DROP shall not be diminished or impaired. Additionally, if the back DROP is ever terminated, all persons who are then eligible for a back DROP will still be eligible for a 7 year back DROP. The Board of Trustees of GESE shall develop operational rules for the implementation of this provision. 52.6 Effective October 1, 2018, the service retirement benefit for employees hired prior to October 1, 2010 shall be equal to three percent (3%) of the member's highest one year of compensation multiplied by the number of years of creditable service. The service retirement benefit shall be based on a member's total creditable service and the benefit multiplier set forth 107 in this provision (not the benefit multiplier in effect at the time the service is earned), multiplied by average final compensation in effect at the time of retirement or separation from employment. 52.7 Upon retirement, bargaining unit members shall receive a retroactive salary increase of five percent (5%) for the bargaining unit member's highest one (1) year's salary. The five percent (5%) salary increase shall be reflected in the hourly pay rate for the purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not be applicable to overtime. 52.8 For employees hired prior to October 1, 2010, effective September 30, 2020, a member who separates from employment with ten or more years of service shall be considered eligible for a service retirement upon attaining the earliest of the following: (a) age 55 with ten years of creditable service, or (b) the completion of a combination of years of creditable service plus attained age equaling 70 points. 108 ARTICLE 53 TERM OF AGREEMENT 53.1 After a majority vote of those bargaining unit employees voting on the question of ratification and thereafter upon its ratification by an official resolution of the City Commission ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the City, then, the Agreement, upon being signed by the appropriate UNION representatives and the City Manager, shall become effective October 1, 2017 or as set out below, whichever date is later. The Agreement shall continue in force and effect until 11:59 p.m., September 30, 2020. 53.2 On or before February 1, 2020, the UNION shall notify the City in writing of its intention to renegotiate the Agreement in force, and attached thereto shall include a list of proposals which shall inform the City of the items which they desire to negotiate, together with specific language embodying and describing their proposals. The changes indicated in the proposals shall be designated with a strike through of deleted language and new language will be underlined. 53.3 On or before March 1, 2020, the City shall present the UNION with a list of proposals it desires to negotiate. The changes indicated in the proposals shall be designated with a strike through of deleted language and new language will be underlined. 53.4 Initial discussions shall thereafter, and no later than April 1, 2020, be entered into by the City and the UNION. 109 Agreed to this? day of , 2018, by and between the respective parties through an authorized representative or representative+, of the UNION and by the City Manager. ATTEST: MIA GE RAL EMPLOYEES AFS 'AL #1907, AFL-CIO ATTEST: ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA PPROVED AS TO FORM AND CORRECTNESS O'11 c CIT ATTORNEY / 110 INDEX ARTICLE PAGE AGREEMENT 1 ANNIVERSARY INCREASE 19 39 APPENDIX A 114 ATTENDANCE AT MEETINGS/UNION TIME POOL 8 14 BEREAVEMENT -DEATH IN FAMILY 43 95 BLOOD DONORS. 36 80 BULLETIN BOARDS 12 22 CALL BACK PAY 32 75 COMMENDATION PAID LEAVE 34 78 CONTRACT DISTRIBUTION 10 20 DISCIPLINARY PROCEDURES 16 32 DISCRIMINATION 6 12 DUES CHECKOFF 13 23 EMPLOYEE EVALUATION 18 37 EMPLOYEES ACTING WITHIN SCOPE OF AUTHORITY 20 41 EMPLOYEES' BILL OF RIGHTS 15 31 FAMILY MEDICAL LEAVE AND LEAVE WITHOUT PAY 41 91 GRIEVANCE PROCEDURE 14 25 GROUP INSURANCE 28 61 HOLIDAYS 45 97 JURY DUTY/COURT APPEARANCE 33 76 LABOR/MANAGEMENT PARTNERSHIP COMMITTEES 42 94 LEAVE BALANCE PAYOFFS 51 104 ARTICLE PAGE LINE OF DUTY INJURIES 23 45 LOSS OF EMPLOYMENT 17 34 MANAGEMENT RIGHTS 4 7 MILITARY LEAVE 44 96 NOTICES 11 21 NO STRIKE 5 10 OVERTIME/COMPENSATORY TIME 27 58 PAY SUPPLEMENTS. 25 53 PARKING 35 79 PENSION 52 105 PREAMBLE 2 PREVAILING BENEFITS 7 13 PROMOTIONS 46 99 RECOGNITION 1 3 REPRESENTATION OF THE CITY 2 4 REPRESENTATION OF THE UNION 3 5 RESIDENCY 47 100 REST/LUNCH PERIODS 22 44 SALARY BASIS/EXEMPT 26 57 SAVINGS CLAUSE 49 102 SECURITY OPERATIONS 38 84 SENIORITY 50 103 SICK LEAVE 39 85 TARDINESS 40 89 TERM OF AGREEMENT 53 109 TOOL ALLOWANCE 30 70 TOTAL AGREEMENT 48 101 ARTICLE PAGE TUITION REIMBURSEMENT 31 72 UNIFORM AND SAFETY SHOES 29 68 UNION STEWARDS 9 18 VACATION. 37 81 WAGES 24 50 WORKING OUT OF CLASSIFICATION 21 42 1005 1008 1010 1011 1012 1013 1015 1017 1019 1020 1021 1022 1023 1024 1025_..m'` ___ 1026 1027 1028 1031 1037 038 ............ 1040 1042 1043 1052 1054 1058 1060 1073 1074 1080 1082 1083 1105 1106 1110 1111 1112 APPENDIX A Mail Clerk Clerical Aide Clerk I ....... ............. Clerk II Clerk III Clerk IV Transcriber Community Service Provider Police Typist Clerk Typist Clerk I Typist Clerk II Typist Clerk III Typist Clerk IV Legal Clerk Secretary L..____ Secretary II SecretaryIlI Secretary IV Cis Desk Operator Interrogat Steno Police Transcriptionist Tech Oper. Liaison Legal Services Aide Legal Services Assistant Service Center Repre Net Service Center Aide Telecommunications Processing Aide.: Claims Representative Customer Service Representative Cust Service Rep Sr Client Support Services Aide Client Support Services Specialist Client Support Services Supervisor Cashier I Cashier II Account Clerk Payroll Clerk Payroll Aide 114 NEX 14.A1907 NEX 09.A1907 NEX 12.A1907 NEX 14.A1907 NEX 16.A1907 NEX 20.A1907 NEX 24.A1907 NEX 18 A1_907 NEX 15.A1907 NEX 13.A1907 NEX 15.A1907 NEX 17.A1907 NEX 19.A1907 NEX_ 18.A1907 NEX rr 4 15.A1907 NEX 17.A1907 NEX 19.A1907 NEX NEX NEX 21.A1907 18.A1907 24.A1907 NEX 21.A1907 NEX 19.A1907 NEX NEX NEX NEX ......................................................... NEX NEX NEX. EX NEXW EX EX._ NEX NEX NEX NEX ....................... NEX 15.A1907 17.A1907 2l.A1907 17.A1907 21.A1907 19.A1907 21.A1907 24.A1907 20.A1907 22.A1907 26.A1907 15.A1907 17.A1907 17.A1907 19.A1907 20.A1907 1145 1150 1154 1155 1156 1157 1165 1166 1167 1170 1201 1202 1203 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1113 1114 1116 1117 1118 Police/Fire Payroll Coordinator Payroll Assistant Payroll Specialist Project Accountant, Sr Project Accountant 1119 Accountant 1120 Accountant Sr 1121 Accountant Supervisor 1122 Supervisor of Payrolls 1126 Staff Auditor Sr 1129 Staff Auditor Princ 1132 Fiscal Administrator 1135 Assistant Payroll. Systems Administrator 1140 Budget Assistant 1142 Debt Compliance Specialist Investment and Debt Supervisor Risk Management Specialist Group Insurance Aide Group Insurance Assistant Group Insurance Coordinator Group Insurance Specialist ........... Financial Systems Administrator Budget And Financial Support Advisor Budget And Financial Support Advisor, Sr Community Development Policy Coord, Material Spec I -BC Material Spec II -BC ............ Material Supvr-BC Stock Clerk I Stock Clerk II Storekeeper Materials Spec I-CR Materials Spec II-CR Senior Procurement Contracting Officer Procurement Asst Procurement Contracting Officer Materials Supv-CR Auto Parts Supvr Procurement Supv Procurement Aide Procurement Card/Surplus Administrator 115 EX ....................... NEX NEX ................ EX EX NEX EX . ........................ EX EX EX ........................... EX EX EX........: NEX NEX EX .. EX NEX NEX EX EX EX EX.. EX EX NEX NEX ........_ ......................... NEX NEX NEX NEX NEX NEX EX NEX NEX NEX NEX EX NEX EX 25.A1907 22.A1907 24.A1907 .................... ............. 28.A1907 26.A1907 22.A1907 25.A1907 28.A1907 30.A1907 30.A1907 30.A1907 30.A1907 33.A1907 22.A1907 26A1907 30.A1907 24.A1907 19.A1907 22.A1907 26A1907 28.A1907 32.A1907 27.A1907 29.A1907 29.A1907 16.A1907 18.A1907 25.A1907 14.A1907 16.A1907 19.A1907 16.A1907 18.A1907 28.A1907 22.A1907 25.A1907 21.A1907 21.A1907 33.A1907 19.A1907 23.A1907 1268 269 1303 1305 1306 1307 1309 1310 1311 1313 1316 1317 1323 1324 1329 1330 1332 1337 1339 1219 Procurement Assistant II 1220 Procurement Construction Specialist 1221 Procurement Construction Specialist, Sr.. 1222 Construction Procurement Assistant 1223 Procurement Analyst 1224 Auto Pts Spec I 1225 Auto Pts Spec II 1230 Lease Manager 1231 Quality Control & Financial Modeling Analyst 1240 PropertyMgmt Representative Property Mgmt Specialist 1242 1245 Property Manager 1258 Senior Project Manager - OTM 1259 Project Manager - OTM 1260 Project Manager 1261 Project Manager CIP 1262 Project Cost Estimator 1263 Project Scheduler 1264 Transportation Analyst 1265 Transportation Engineer 1266 Transportation Manager 1267 Project Manager CIP (Horizontal) Project Manager CIP (Vertical) Transportation Planning Aide Human Resources Clerk Admin Aide I Admin Aide II ..... ...... ... Task Force Supervisor Admin Asst I Admin Asst II Admin Asst III Human Resources Technician I Human Resources Technician II HR Specialist Human Resources Coordinator Safety Specialist Assistant Management Analyst Safety Officer Tech. Operatns Coord. Management Operations Analyst Grant Writer 116 EX EX EX NEX NEX NEX 20.A1907 NEX 23.A1907 NEX 25.A1907 EX 28.A1907�� NEX 22.A1907 EX 30.A1907 NEX 16.A1907 NEX 18.A1907 EX 34,A1907 EX 28.A1907 EX 25.A1907 EX 28.A1907 EX _... . 34.A1907 EX 34.A1907 EX 32A1907 EX 34.A1907 EX 32.A1907 EX 30.A1907 EX 30.A1907 EX 29.A1907 30.A1907 :............. ............ 34.A1907 32.A1907 32.A1907 19.A1907 17.A1907 NEX EX EX EX ...... ................ EX NEX NEX EX EX EX_ EX EX EX ..._......_ EX EX 22.A1907 24.A1907 25.A1907 28.A1907 31.A1907 20.A1907 22.A1907 24.A1907 30.A1907 26.A1907� 24.A1907 28.A1907 22.A1907 26.A1907 28.A1907 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 ............ 1374 1375 1376 1377 1378 1379 1343 1344 . _._. 1345 1346 1347 1348 ........... 1349 1350 1351 1352 ..................... 1354 1356 1357 1340 Capital Improvements Assistant 1341 Market Ser Coord 1342 Rsch & Devt Spec Contract Compliance Analyst Procurement Contracts Officer Fiscal Assistant Training and Development Specialist Cable Comm. Assistant Marketing Specialist Innovation Analyst Marketing Supervisor Strategic Planning & Performance Analyst Business Develop Sr Business Developer Business Dev Supv Economic Analyst 1358 Supervisor Of Economic Research 1359 Principal Economic Analyst 1361 EmploymtTInterviewer min __- nfo & Referral Specialist (Homeless Program) Info & Referral Aide Organizational Development and Training Sup Training Officer Staff Anlst Asst Staff Analyst Staff Anlst Sr Staff Analyst Prncpl Contracts Manager Hearing Boards Coordinator Customer Service Specialist Sanitation Services Coordinator Hearing Boards Specialist Job Training Specialist Job Training Specialist, Sr Hearing Board Specialist II Property And Casualty Coordinator Safety Manager Veteran Services Information & Referral 1380 Specialist 1382 Support Services Coor 1384 Assistant Productivity Analyst 1385 Productivity Analyst 117 EX EX EX EX... EX NEX EX. EX NEX EX 26.A1907 28.A1907 28.A1907 27.A1907 29.A1907 22.A1907 27.A1907 24.A1907 24.A1907 27.A1907 EX 29.A1907 27.A1907 EX 28.A1907 EX 26.A1907 EX 31.A1907 EX 26.A1907 EX 30.A 1907 EX 31 A1907 17.A1907 16.A1907 12.A1907 35.A1907 26.A1907 24.A1907 26.A1907 28.A1907 EX NEX NEX NEX EX EX EX ........... .... EX EX EX 30.A1907 EX 34.A1907 EX 28.A1907 NEX �22.A1907 .f... EX 25.A1907 NEX 22.A1907 EX 25.A1907 EX NEX EX EX NEX EX EX ..... EX 21.A1907 24.A1907 ............. 28.A1907 33.A1907 16 A1907 31.A1907 24 A1907 26.A1907 1386 1388 1389 1390 1391 1392 1395 .......................... 1397 1405 ..................... 1410 1411 1413 1414 1419 1420 1421 1422 .......................... 1423 1424 1425 1426 1427 1430 1431 1436 1440 1441 442 1505 1506 1510 1511 Insurance Information Analyst Legislative Coordinator Records Systems Specialist Special Projects Coordinator Assistant Agenda Coordinator Technical Support Analyst Victims Advocate Information Analyst City Photographer Public Relations Agent Capital Impry Community Outreach & Engmt Coord Promotion Assistant Public Rel Sp1st Public Relations Aide Publicity Writer Public Rel Agnt Public Info Ofcr 1522 1523 ^mm 1524..._.._....... 1525 1526 1527 1528 1529 1530 Public Information Coordinator Social Broadcasting Specialist Multimedia Specialist Protocol Officer Assistant To The Protocol Officer Events Agent Special Events Coordinator Intergovmental Film Liaison Legislative Services Rep 1 Legislative Services Rep. II Legislative Services Rep. III Switchboard Oper Cle rk erk Application Support Senior Application Support Camera Platemk Offset Press Opr Offset Press Opr Sr Duplicating Equip Op I Photolithographer Print Shop Supervisor EX EX r� EX EX EX EX EX EX NEX EX EX NEX EX NEX EX EX EX NEX NEX EX Print Shop Asst Supt Print Shop Supt Print Shop Helper 118 34.A1907 25.A1907 26.A1907 29.A1907 25.A1907 27.A1907 28.A1907 26,A1907 20.A1907 25.A1907 32.A1907 12.A1907 29.A1907 20.A1907 25.A1907 27.A1907 28.A1907 30.A1907. 25.A1907 23.A1907 29.A1907 EX 25.A1907 NEX 22.A1907 EX 25.A1907 EX 23.A1907 NEX 19A1907 TTm 22.A1907 25.A1907 14.A1907 NEX mm 14.A1907 mT EX ... ....................09.IT EX 10.IT NEX 18.A1907 NEX 19.A1907 NEX 21.A1907 NEX 16.A1907 18.A1907 24.A1907 27.A1907 30.A1907 12.A1907 NEX ,........ EX.. EX EX NEX 1531 1533 1535 1536 1537 1539 1540 Duplicating Equip Op II Office Equipment Analyst Print Shop Estimator GIS Technician Prod Ctrl Spy Computer Systems Supervisor Systems Engr I ................ Systems Engr II 1542 Information Services Liaison 1543 Pc Hardware Repair Technician 1544 Database Specialist(Sgl Server) 1545 Database Specialist (Oracle) 1546 Pc Aide 1547 Technical Writer 1548 Information Technology Technician I 1549 Information Technology Technician IT 1550 . Information Technology Tech. III 1551 Help Desk Supervisor 1552 Information Systems Security Officer Supervisor IT Security Analyst Computer Op I 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 Computer Op II Network Analyst Computer Opr Supv Computer Training Specialist Applications Support Supervisor Programmer Asst Cyber Security Analyst • Systems Programmer Software Quality Assurance Analyst Web Developer I Web Developer II Programmer Jr Programmer Programmer Sr Web Administrator Sys Soft Manager Systems Maintenance Supervisor Computer Opr Chf Data Base Manager Oracle Database Manager NEX 19.A1907: NEX 24.A1907 NEX 19.A1907 20.A1907 NEX EX 23.A1907 NEX 14IT ......... NEX 26.A1907 EX 30.A1907 NEX 20.A1907 NEX � 23.A1907 EX 14.IT EX 14.IT NEX 17.A1907 _ EX 27.A1907 NEX 01.IT EX 05.IT EX EX EX EX NEX NEX EX 11 IT 13.IT 17.IT 13.TT 20.A1907 22.A1907 14.IT EX 26.A1907 EX 08.IT EX 17.IT NEX 23.A1907 EX 15.IT SEX _ 29.A1907 EX 15.IT EX 11IT, EX 13.IT EX 26.A1907V EX 11.IT EX 13.IT EX 15.IT EX 35.A1907 EX 32.A1907 EX 32.A1907 EX 18.IT._._._..... EX 35.A1907 119 1604 ................... 1605 1606 1607 1608 1609 1610 1620 1624 1627 ....__ 1629 1630 1635 1637 1701 1702 1704 1705 1706 1.575 1576 1577 1578 1579 1580 1581 1582 1583 1584. Geographic Information Systems (GIS) Supervisor Systems Analyst Sr Project Manager IT Geographic Information Systems Developer ............. Oracle Systems Administrator Network Administrator ..._ Business Systems Administrator Teleprocessing Coord Geographic Information System Technical Analyst Data Librarian 1585 Geographic Information Systems Data Spec 1586 Scheduler/Expediter 1587 Information Systems Manager,mmFire/Police 1588 Info Center Spec 1591 Senior Oracle ERP Application Developer 1593 .. Oracle ERP Application Developer 1594 IT Infrastructure Mgr. 1595 Business Analyst EX EX EX EX EX EX 17.IT 14.IT 16.IT 13.IT 16.IT 16.IT EX ..................... EX 32.A1907 28.A1907 EX_ _15IT NEX 20.A1907 EX 11.IT NEX 21.A1907 EX 17.IT EX 30.A1907n4 EX 16.1T EX 15.IT EX 19.IT EX 13.IT• 1596 Business Analyst Supervisor EX 32.A1907 1602 Finance Accounting Assistant NEX 22.A1907 1603 Senior Capital Assets Analyst Finance Accounting Specialist Capital. Assets Administrator Financial Analyst I Grants Financial Analyst Financial Analyst II Senior Accounts Payable Analyst m._ Senior Financial Analyst Financial Informatio n Business Process Analyst Finance Accounting Aide Asst Accts Receivable Supervisor Customer Service Supervisor Capital Assets Aide Finance Revenue Collections InpsectorN Finance Revenue Collections Coordinator Grant Funded Workforce Career Advisor Grant Funded Workforce Business Consultant Grant Funded Workforce Program Supervisor EX 22.A1907 Grant Funded Workforce Program Specialist I NEX 13.A1907 Grant Funded Workforce Center Manager EX 29.A1907 EX 30.A1907 EX 24.A1907 32.A1907 EX 26.A1907 EX 120 EX 28 A1907 EX 28.A1907 EX 30.A1907 EX 30.A1907 EX 30.A1907 NEX 19.A1907 NEX 25.A1907 EX 30.A1907 NEX 18.A1907 NEX 22.A1907 _T 25.A1907 15.A1907 19.A1907 EX EX EX 1707 Grant Funded Workforce Employer Specialist Grant Funded Workforce Prog Workshop 1710 1711 Grant Funded Workforce Placement Specialist 1730 Grant Program Lead 1808 Claims Account Specialist 1810 mm Claims Adjustor I Facilitator 1812 Claims Adjustor II 1816 Claims Adjustor III 1820 Coll/Subrogation Spec 1822 Claims Supv., Asst 1824 Claims Supervisor Senior. Construction Coordinator Survey Party Chief Surveyor Surveyor, Senior Eng Tech I 2009 2010 2011 2012 2013', 2015 2018 2019 2020 2029 2030 2031 2032 2033 ..__ 2034 2036 2038 2039 2040 2041 2048 2049 2050 2053 2054 2056 2057 2060 2100 Eng Tech II Eng Tech III Eng Tech IV Construction Coordinator Cadd Operator Street Lighting Eng I Professional Engineer I Engineer I Professional Engineer II Professional Engineer III Professional Engineer IV EX EX NEX EX EX EX EX EX EX EX EX NEX 18.A1907 NEX 20.A1907 • NEX 24.A1907 EX 27.A1907 EX 27.A1907 NEX 24.A1907 EX 19.A1907 EX 19.A1907 15.A1907 _...__ 7 25.A1907 22.A1907 22.A1907 24.A1907 26.A1907 24.A1907 28.A1907 .._ 30.A1907 29.A1907 24.A1907 30.A1907 33.A1907 EX 27.A1907 • 30.A1907 27.A1907 EX 31.A1907 EX 33.A1907 EX EX 35.A1907 Environmental Engineer EX 33-A1907 Engineer II Utility Engineer Elec Engineer Engineer III; Architect I Architect II Architect III Landscape Architect Landscpe Arch Supv Project Rep...... CITP Project Liaison Cable Tv Engineer Roofing Inspector EX 29.A1907 EX 29.A1907 EX 33.A1907 EX 30.A1907 26.A1907 30.A1907 EX 31.A1907 EX 30:A1907 EX EX EX 31.A1907 EX 27.A1907 EX 31.A1907 EX_ 31.A1907 NEX 01.INS 121 2101 2103 2105 2107 2109 2110 2111 2112 2113 2114 2116 2120 2121 2122 2123 2125 2127 2130 Roofing Inspector, Sr Senior Building Inspector Senior Plumbing Inspector Senior Mechanical Inspector Senior Electrical Inspector Bldg Insp I Bldg Insp II Chief Building Inspector Chief of Inspection Services Building Inspector Structural Engineer(plans Exam) Elec Insp I Elec InspII Elec Insp Chief Electrical Inspector Senior Roofing Inspector. Senior Elevator Inspector Plumbing Insp I 2131 Plumbing Insp II 2132 Plumbing Insp Chf 2134 Plumbing Inspector 2140 Construction Inspection Representative 2142 Resilience Programs Manager 2143 2144 2145 2146 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2165 Environmental Compliance Specialist Environmental Compliance Coord. EX EX EX EX 29.A1907 ............ 03.INS 03.INS EX 03.INS EX 03.INS NEX 27.A1907 EX 29A1907 EX 05.INS............ EX 33.A1907 NEX 01.INS EX NEX 35.A1907 27.A1907 EX 29.A1907 EX 05.INS NEX 01.INS EX 03.INS EX 03INS NEX 27.A1907 29.A1907 05.INS vy J 01INS 17.A1907 30.A1907 27.A1907 28.A1907 EX EX Zoning Plans Processor Zoning Manager Building Services Assistant IV Zoning Inspector I Zoning Information Specialist Zoning Information Supervisor Plans Processing Aide Plans Processing Specialist Code Compliance Inspector Code Enforcement Inspector II Zoning Information Technician Mech -Insp I..._.'. Mech Insp II ... _ _..._ Mech Insp Chief Mechanical Inspector Elevator Inspector NEX `. NEX EX EX EX 29.A1907 EX 33A1907 NEX 24.A1907 23.A1907 NEX 27.A1907 EX 30.A1907 NEX 19.A1907 NEX 30.A1907 NEX 24.A1907 EX 26.A1907 NEX 22.A1907 NEX 27.A1907 EX. EX NEX NEX NEX 29.A1907 05.INS 01.INS 01.INS 122 2167 2168 2170 2171 2172 2176 2178 .........,.. 2181 2187 2188 2190 2192 2195 2196 2203 2204 2205 2206 2208 2209 2210 2211 2212 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 Chief Elevator Inspector Chief, Unsafe Structures Building Services Assistant I Building Services Assistant II Building Services Assistant III Supv Permits & Rev Chief Code Enforc Off Cable Tv Tech Spec Business Tax Receipts Aide Business Tax Receipts Speciahst EX EX NEX NEX 05.INS 32.A1907 17.A1907 19.A1907 NEX 22.A1907 EX 29.A1907 EX 31.A1907 NEX NEX 21.A1907 17.A1907 EX 22.A1907 Assistant Occupational License Sum?. EX 25.A1907 Business Tax Receipts Supervisor EX 30.A1907 Housing Quality Inspector NEX Housing Quality Inspector, Sr EX Graphic Designer,Senior EX Graphic Designer NEX Planning Ill I NEX Planning I11II NEX Planning Tech NEX Public Art Manager.. Park Planner EX Environmental Resources Specialist I NEX 24.A1907 26.A1907 26.A1907 24 A1907 19.A1907 22.A1907 24.A1907 EX 32.A1907 27.A1907 22.A1907 Environmental Resources Specialist II NEX Housing Spec Asst NEX Chief of Urban Design EX Chief of Comprehensive Planning _._... Archeologist Historic Preservation•Planner EX 29,A190 7 Preservation Officer Planner I Planner II Planner III Chief of Land Developmen Comm Dev Coord Housing Spcl Housing Spcl Prncpl Housing Spec Sr Hsg Rhb Ln/O Sr Housing Loan Officer Housing Rhb E st Hsg Rhb Estim Sr 123 24.A1907 23.A1907 34.A1907 EX- 34.A1.907 EX 29.A1907 EX 34.A1907 EX 27.A1907 EX 31.A1907 EX 34.A1907 EX EX EX EX EX EX .......... .. .._........ NEX NEX EX 34.A1907 32.A1907 26.A1907 31.A1907 28.A1907 26.A1907 . .............. 24.A1907 23.A1907._.._._. 26.A1907 2232 2233 2234 2235 2237 2239 Soc Prg Analyst Soc Prg Anl Ast Soc Prg An1 Sr Soc Prg Anl Supv Commty Dv Prj Supv Social Prog Coord 2240 Hsg Rhb Ln/O Asst 2244 Hsg Rhb Estim Asst 2250 Loan Specialist 2252 Loan Program Manager 2257 Project Representative, Senior 2258 2972 3001 3002 3005 3010 3011 3012 3014 3021 3022 3023 3024 3025 3026 3105 3106 3107 3301 3302 3303 3305 3308 3310 3311 3313 3314. 3315 Development Coordinator Volunteer Coordinator Laborer I _Laborer II II I II Laborer Labor Crew Ldr I Labor Crew Ldr II Public Wks Supv Public Works Superintendent Assistant Heavy Equipment Specialist Sanitation Supervisor Heavy Eqp Specialist Recycling Coordinator Waste Col Supt Ast Superintendent Of Solid Waste Auto Eqp Op I Auto Eqp Op II Auto Eqp Op III Auto Eqp Op IV Maint Mech Helper Maint Mechanic Maint Mech Supv Air Cond Mech Hvacr Supervisor Electrician Elec Supervisor Gen. Maintnc. Worker Geri Maint Re_p Pn.t/Mec Gen Maint Rep-Carpen. NEX 22.A1907 NEX 20.A1907 EX 25.A1907 28.A1907 EX EX EX NEX NEX EX EX .... .............. .............. EX EX NEX NEX NEX NEX NEX EX. EX NEX NEX NEX NEX EX 29.A1907 31.A1907 19.A1907 19.A1907 24.A1907 28.A1907 31.A1907 34.A1907 28.A1907 15.A1907 16.A1907 17.A1907 18.A1907 22.A1907 28.A1907 31.A1907 23.A1907 25.A1907 25.A1907 T NEX........._._. 25.A1907 EX 28.A1907 EX 30 A1907 NEX 17.A1907 NEX 19.A1907 NEX __.._ 21.A1907 NEX 22.A1907 NEX 17.A1907 NEX 20.A1907 23.A1907 27.A1907 30.A1907 NEX 27.A1907 EX 30.A1907 NEX NEX NEX 3316 Gen Maint Rep-Electr/Air Cond. NEX 124 17.A1907 20.A1907 F„ 21.A1907 23.A1907 3317 3318 3319 .......................... 3320 .................... 3321 3322 3324 3326 3327 3328 ... 3335 3337 3338 3339 3340 3341 3350 3358 3360 3361 3362 3370 3371 3372 3374 3402 3404 3405 3406 3407 3408 3409 3411 3420 3450 General Maint. Repair Supv, Elec General Repair Maint Supv Electrician II Electrical Line Worker Electrical Line Worker Supervisor Plumber Supervisor Plumber Carpenter Carpenter Supv Mason Painter Auto Body Wrkr/Pntr Painter Sign Painter Supv Auto Pnt/Bdy Shop Spv Pipefitter Pipefitter Supv Welder Composting Facility Supervisor Facilities Oper Wrkr. Facilities Oper Worker, Senior Facilities Oper Supvr Prop Maint Asst Supt Prop Maint Supt Pol Secuty & Fac Supv Police Fac Asst Fuel Fac Att Auto Mech Helper Automotive Service Writer Auto Mechanic Auto Mech Supv Fuel Fac Supv Heavy Eqp Mech Helper Heavy Eqp Mech Heavy Eqp Mech Supv NEX 24.A1907 NEX 23,A1907 NEX 28.A1907 NEX 24.A1907 NEX 29.A1907 EX 30.A1907 NEX 27.A1907 NEX 21.A1907 NEX 23.A1907 NEX 21.A1907 NEX 20.A1907 NEX_.___.... 22.A190 7 NEX 21.A1907 NEX 23.A1907 NEX 24.A1907 NEX 19.A1907. NEX 22.A1907 NEX 22.A1907 NEX 25.A1907 NEX 16.A1907. NEX 20.A1907 NEX 23,A1907 EX 31.A1907 ..............._..._.: EX 33.A1907 Garage Asst Supt Fleet Manager 3452 Supt.- Garage Or Motor Pool 3455 Fleet Management Representative Liais on Fleet _ son 3638 Facility Maintenance Technician 125 NEX NEX NEX NEX NEX NEX 23.A1907 NEX 25.A1907 NEX 21.A1907 NEX 18.A1907 NEX 24.A1907 NEX 26.A1907 ....-EX 29.A1907 EX 33.A1907 EX 30.A1907 21.A1907 19.A1907 15.A1907 17 A1907 19.A1907 NEX 22.A1907 NEX 20.A1907 NEX 20.A1907 3643 3644 4005 4006 4007 5017- 5019 5020 5022 5023 5024 5025 .............. 5026 5027 5030 5032 5035 5037 5039 Facility Maintenance Manager Parks & Recreation Facility Maintenance Manager Utility Analyst Custodian I Custodian II Custodian Supv Police Property Mgr Identification Aide Police„ Comm Clrk Pol Prop Spec I Forensic Crime Analyst Pol Prop Spec II Crime Scene Investigator I Crime Scene Investigator II Crime Scene Investigations Supervisor Latent Print Examiner Latent Print Examiner Supervisor Forensic Investigations Manager Guard/Porter School Crossing Guard Supervisor Public Service Aide Professional Compliance Supv. Police Records Supr Criminal Intelligence Analyst I Criminal Intelligence Analyst II Crime Analyst I Crime Analyst II Video Retrieval Specialist Prof Compliance Asst Prof Compl Rep Senior Policy Analyst Fire Plans Examiner Fire Sfty Spec. Sr 5040 5050 5060 5065 5066 5070 5071 5073 5076 5077 5090� 5301 5302 5303 5304 5314 5315 5316 5317 5318 5319 Fire Sfty Spec.Supv Fire Sfty Spec Emergency Management Coordinator ............... Fire Supplies Clerk I Fire Supplies Clerk II. EX _......_.. EX. NEX Grant Funded Emergency Management Planner Fire And Life Safety Education Coordinat Fire & Life Safety Ed.Spec. 126 NEX .............. EX EX EX 24.A1907 EX 28:A1907 EX....,... EX NEX NEX .............................. NEX 17.A1907 EX 31.A1907 16.A1907 18.A1907 NEX NEX NEX NEX ............_ ....... NEX NEX NEX 25.A1907 28.A1907 14.A1907 15.A1907 17.A1907 26.A1907 19.A1907 22.A1907 26.A1907 32.A1907 NEX 30.A1907 NEX 31.A1907 EX 34.A1907 N_EX 06.A1907. EX13.A1907 NEX 17.A1907 EX 28.A1907 EX 28.A1907__....,, 26.A1907 28.A1907 ............ 22.A1907 NEX 24.A1907 NEX 22.A1907 NEX 19.A1907 EX 26.A1907 EX 28.A1907 NEX 30.A1907 NEX 25.A1907 EX 27.A1907..._....... NEX 23.A1907 EX 30.A1907 NEX 14.A1907 17.A1907 26.A1907 28.A1907 5324 5401 5403 5404 5405 5406 5407 5408 5409 5410 5411 5412 Video Program Spec Video Program Prod Show Producer Multimedia Manager Communications Equip. Maint. Specialist Comm Repair Wrkr Comm Tech Comm Tech Supv Comm Maint Asst Supt Comm Tech Supt - Communications Specialist Microwave Technician Communications Technical Operator Comm Center Supervisor, Police 5413 Emergency Dispatch Assistant EX EX EX EX NEX NEX NEX NEX EX .. ........... EX :...: EX NEX 5414 Police Comm. Records Custodian NEX 5415 Emergency Dispatcher NEX 5416 5417 5418 5419 5420 5423 5424 5425 5426 5430 5432 5433 5436 5446 5510 5512 5515 5516 5517 5520 5523 5529 5530 5560 Comm Oper Spvsr NEX Emd Quality Assurance Specialist Comm Center Supervisor,Medical/Fire CommunicationsTraining Specialist Telc Sys Dev Mgr Telecommunications Technician (RJ) Telecommunications Technician Assistant Telecommunications Technician NEX EX EX EX NEX NEX 23.A1907 28.A1907 28.A1907 26.A1907 19.A1907 21.A1907 25.A1907 27.A1907 30.A1907 33 A1907 26.A1907 25.A1907 25.A1907. _.. 28:A1907 20.A1907 22.A1907 22.A1907 24.A1907 24.A1907 28.A1907 26.A1907 33.A1907 32.A190 7 23.A1907 NEX 08.TT Telecommunications Technical Specialist NEX 21.A1907 Broadcast Engineer Videographer/Editor Audiovisual Technician Emergency Dispatcher Supervisor, M/F Emergency Dispatcher Supervisor, Police NEX Guard NEX 13.A1907 City Ranger NEX 14.A1907 Park Ranger NEX 13.A1907 Park Ranger Supervisor EX 24.A1907 Senior Park Ranger NEX 16.A1907 Stable Attendant NEX 17.A1907 Stable Attndnt Supvr. NEX 20.A1907 Facility Attend NEX 14.A1907 Marinas Faclt Att NEX 13.A1907 Jt pa Trainee NEX 06 A1907 EX 31.A1907 EX 23.A1907 NEX 19.A1907 NEX 24.A1907 24.A1907 127 6001 5711 Administrative Assistant III 5740 Staff Analyst Senior Golf. Course Attendant 6003 Grounds Tender 6005 6007 6010 6015 6016 .......... 6017 6020 6021 6022 6025 6029 6035 6036 6047 6048 6049 6050 6051 6052 6053 6054 6055 6059 6060 6062 Park Tender I Park Tender II Greenskeeper Tree Trimmer Tree Trim Crew Ldr Arborist Cemetery Sexton Parks Naturalist Parks Naturalist Sr. Nursery Tender Beach Operations Supv Parks Supv I Parks Supv II Parks Recreation Coordinator Superintendent Of Maintenance, Assistant Parks Operations Coordinator Parks Supt Of Superintendent Of Recreation, Assistant Athletic Coordinator Superintendent Of Parks Superintendent of Parks and Recreation Sports Turf Manager Asst Stadiums Manager Stadium Manager Marine Stad Mgr 6063 Cultural Arts Center Manager 6064 ............ 6065 6067 6068 6069 6070 6071 6080 6081 6082 6102 Auditorium Manaer Asst Auditorium Mgr Marinas Operations Supervisor Marinas Aide Marinas Supervisor Marinas Manager, Asst. Marinas Manager Parks & Recreation Mgr I Parks & Recreation Mgr II Waterfront Park Manager STEAM Education Coordinator 128 EX 31.A1907 EX 28.A1907 NEX 16.A1907 NEX 16.A1907 NEX 17.A1907 NEX 19.A1907 NEX 18A1907 NEX 16.A1907 NEX 18.A1907 NEX 22.A1907 NEX 20.A1907 NEX 23.A1907 EX 26.A1907 NEX 17.A1907 EX 29.A1907 NEX NEX EX EX EX EX EX EX .. EX EX EX EX EX. EX EX EX .............. EX NEX NEX NEX EX EX EX .. _. EX EX......... NEX 24.A1907 18.A1907 22.A1907 29.A1907 31.A1907 29.A1907 31.A1907 31.A1907 30.A1907 33. A1907 33.A1907 26.A1907 30.A1907 32.A1907 27.A1907 31.A1907 25.A1907 29.A1907 18.A1907 16.A1907 21A1907 28.A1907 34.A1907 23.A1907 26.A1907 26.A1907 6105 6106 6107 6108 6109 6110 6111 6115 6118 6120 6121 6122 6123 6124 6125 ....... ... 6126 6127 6128 6129 6131 6132 6133 6135 6144 6148 6149 61.51 6152 6156 6160 6161 6162 6164 6170 6172 6300 6301 6302 6303 7017 Lifeguard (P/O) Ocean Rescue. Lifeguard_ Pools Supervisor Senior Ocean Rescue Lifeguard ............. Lifeguard Sr (P/O) Aquatic Program Planner Superintendent of Aquatics Irrigation Specialist Japanese Garden Specialist Cult Affr Coord Tennis Supvsr Special Education Teacher Education Initiatives Coordinator Program Coord. Program Coord, Asst Therapeutic Recreation Spec Social Worker Program Assistant Disabilities Program Leader Program Specialist Disabilities Recreation Leader Golf Course Superintendent Licensed Social Worker Baseball Supv Gen Recreation Prog Planner Aquatic Specialist Rec Specialist Water Sports'Inst Boxing Supervisor Youth Pgm Spec Fitness Center Specialist Recreation Aide Recreation Asst Supt Parks & Recreation Sery Coord Events Specialist ecial Events Supervisor Day Care Admin Day Care Adm Ast Day Care Ctr Supv Day Care Specialist Job Training Program Coordinator 129 EX 17.A1907 NEX 20.A1907 EX 25.A1907 NEX 22.A1907 EX 19.A1907 EX 29.A1907 EX 31.A1907 NEX 19.A1907 29.A1907 29A1907 EX EX EX 19.A1907 EX 25.A1907 EX 28.A1907 EX 31.A1907 EX 27.A1907 EX 25.A1907 EX 22.A 1907. NEX 16.A1907 NEX 22.A1907 NEX 19.A1907 NEX 22.A1907 EX 20.A1907 EX 28.A1907 EX 20.A1907 EX 29.A1907 NEX 18.A1907 NEX m. __..._.�w,...�� NEX EX 18.A1907 23.A1907 22.A1907 EX 25.A1907 EX 21.A1907 NEX 08.A1907 EX EX NEX EX EX 31.A1907 EX 25.A1907 EX 25.A1907 NEX 18.A1907 NEX 29.A1907 29.A1907 24.A1907 29.A1907 33.A1907 7018 Vocational Counselor 7019 Citzn Prgm Supv 7020 Comm Invol Asst 7021 Crime Prevention Specialist 7031 7032 7035 7035 8008 8034 8035 8037 8040 8048 8051 8073 8075 8082 8083 8101 8103 ._. ._ 8104 8113 8117 8118 8119 8120 8121 8122 8134 8135 8138 8140 8142 8144 8145 8152 8157 8158 8159 8160 Sanitation Inspector .II Sanitation Inspector Chief Sanitation Inspector I Sanitation Inspector Secretary III Typist Clerk I Typist Clerk II Typist Clerk III Receptionist/Typist Property & Casualty Manager Claims Supervisor_„ Domestic VIolence Administrator Deputy Chief Resilience Officer Admin Asst I Admin Asst II Secretary IV Secretary I Secretary II Legislative Services Represantive I Technical Oper Coord Legislative Services Representative II Legislative Services Representative III Legislative Services Supervisor Transcriber Records RetenCoord Resource Allocation Manager Marketing Coordinator Housing Develop Coord Agenda Coord, Assistant Community Partnerships Manager Grants Coordinator Typist Clerk IV Fleet Manager Social Worker Program Specialist Program Coordinator - Capital Improvements Program Chief Architect 130 NEX 22.A1907 EX 28.A1907 NEX 19.A1907 NEX 22.A1907 NEX 23.A1907 EX 26.A1907 NEX 21.A1907 NEX 21.A1907 NEX 19.A1907 NEX 13.A1907 NEX 15.A1907 NEX 17.A1907 NEX 18.A1907 EX 32.A1907 EX 30.A1907 33.A1907 21.A1907 EX EX EX EX NEX 25.A1907 28.A1907 21.A1907 NEX 15.A1907 NEX 17.A1907 NEX 19.A1907 EX 24.A1907 NEX 22.A1907 EX 25.A1907 EX 29.A1907 24.A1907 25.A1907: 35.A1907____. 28.A1907 32.A1907 ....... 25.A1907 EX 30.A1907 EX 33.A1907 NEX 19.A1907 EX 33.A1907 EX 22.A1907 EX 29.A1907 EX EX EX EX EX EX EX 32.A1907 EX 36.A1907 8162 8163 8165 8167 8176 8177 8178 8201 8206 8220 8232 _.. 8273 8396 8411 8420 8424 8425 8426 8427 8435 8437 8438 8439 8440 8441_:..:::. 8450 8452 8461 8463 8464 8466 8467 8468 .................. 8469 8471 8473 8474 8475 8476 EX ....................................: EX EX EX 14.A1907 28.A1907 34.A1907 36.A1907 W 34.A1907 31.A1907 EX 34.A1907 EX 34.A1907 EX 34.A1907 EX 30.A1907 EX 33.A1907 EX X E E. EX 8477 Net Community Service Worker Supervisor NEX 131 Information Analyst Information Analyst Coordinator Information Services Liaison Chief of Code Compliance Code Enforcement Training Specialist Code Compliance Field Supervisor Code Enforcement Coord. Code Enforcement Assistant Admin Asst III Chief of Hearing Boards Chief of Environmental Resources Chief of Solid Waste Operations Photographer, Senior Administrative Clerk Media Relations Liaison Parks And Recreation Facility Manager Special Education Teacher Parks & Recreation Sery Coord Program Assistant Education Initiatives Coordinator Property Manager CIP Technical Administrator Business Development Coordinator Business Development Supervisor Development Coordinator Preservation Officer Telecommunications Administrator Youth Program Coordinator Assistant System Administrator Chief Of Urban Design Chief Of Land Development Planning Illustrator Urban Design Coordinator Community Planner Net Community Services Worker Ada Construction Coordinator Cip Public Relations Coordinator Capital Improvement Assist Hazard Mitigation/Disaster Recovery Spec EX EX 31.A1907 NEX 20.A1907 EX 32.A1907 EX 26.A1907 EX .A1907 EX 30.A1907 EX 24.A1907 EX 31.A1907 EX 34.A1907 EX 34.A1907 EX 34.A1907 26.A1907 Y4 17.A1907 19.A1907 EX 26.A1907 NEX 25.A1907 NEX 29.A1907 NEX EX EX EX 26.A1907 34.A1907 34.A1907 22.A1907 EX 32.A1907 EX 31.A1907 NEX 15.A1907 EX 30.A1907 EX 32.A1907 EX 26A1907 EX 34.A1907 Homeless Program Administrator EX 32.A1907 18.A1907 8478 8484 8490 8510 8514 8515 8560 8561 8565 8568 8574 8575 8576 8578 8580 8582 8585 8587 8589 8590 8605 8606 8607 8611 8612 8613 8614 8615 8616 8618 8619 8621 8622 8623 8624 8625 8626 8628 8630 8631 8638 Lease Mgmt Specialist Grant Writer Insurance Financial Analyst Records System Coordinator Records Systems Aide Records System Specialist Grants Financial Supervisor Budget Systems Developer Special Projects Manager Employee Services Aide Special Events Assistant Special Events Coord Special Events Manager Finance Management Supervisor Environmental Outreach Liaison Environmental Coordinator Environmental Compliance Specialist Resilience Programs Manager Urban Forester Economic Development Project Manager Project Manager - Cip Chief Project Manager Senior Project Manager Gip Audiovisual Technician Video Program Specialist Chief Communications Engineer Communications Technical Operator Technical Operator Producer/Writer/Reporter Operations Coordinator Production Manager Community Relations Coordinator Cadd Operator Community Relations Liaison Community Relations Outreach Specialist Community Relations Aide Project Manager Senior Research Analyst Business Process Analyst Protect Manager Project Representative Senior Maintenance Technician 132 EX 28.A1907 28.A1907 28.A1907 30.A1907 NEX 20.A1907 EX .._. 26.A1907 EX EX::.... EX EX EX ........... EX EX EX NEX EX 30.A1907 EX 32.A1907 EX 34.A1907 22.A1907 22.A1907 _.._......... 25.A1907 31.A1907 EX EX EX_. EX `. EX EX EX ^m EX . .......... EX EX EX EX EX EX NEX EX EX EX EX EX. EX ............. EX EX 31.A1907 25.A1907 28.A1907 27.A190 7 30.A1907 27.A1907 34.A1907 32.A1907..., 36.A1907 34.A1907 19.A1907 23A1907 31.A1907 25.A1907 26.A1907 30.A1907 31.A1907 27.A1907 24.A1907 EX 27.A1907 EX 25.A1907 .......... .... EX 22.A1907 36.A1907 27.A1907 30.A1907 34.A1907 31.A1907 20 A1907 8640 8642 8643 8645 8649 8650 8651 8653 8654 8656 8657 8658 8659 8660 8661 8662 8664 8685 8688 8706.. 8715 8718 8719 8720 _....... 8722 8723 8724 8726 8729 8732 8736 8737 8738 8740 8741 8742 8743 8744 8745 8748 777 ................................................. Facility Manager Facility Mai nt. Manager Superintendent Of Solid Waste Community Programs Administrator Payroll Manager Oracle Financial Systems Manager Applications Support & Integration Manager IT Quality Assurance Manager Information Technology Customer Service Manager Loan Review Specialist Loan Review Assistant Community Involvement Spec Loan Review Analyst Sr. Procurement Contract Off. Procurement Aide Procurement Card Administrator Procurement Contracting Manager Acquisitions Specialist Supervisor Professional Engineer III-Floodplain Administrator Sr. Job Train Spec nn Community Service Provider Clerk I Clerk IT Employ Interviewer Client Sery Coord Client Services Specialist Accountant Account Clerk Auditor Assistant Public Relations Agent Public Information Coord Chief of Unsafe Structures Public Info. Super. Deputy International Affairs Administrator Intergovernmental Affairs Liaison Code Compliance Specialist Chief Elevator Inspector Chief Civil Engineer m_ Chief Of Inspection Services Capital Impry Procurement Admin. 133 EX EX EX ................... EX... EX 30.A1907 28.A1907 31.A1907 33.A1907 34.A1907 EX 34.A1907 19.IT .......... ... 35.A1907 EX._....... EX EX 36.A1907 EX 26.A1907 EX 24.A1907 NEX 21.A1907 30.A1907 EX 31.A1907 EX NEX 19.A1907 EX 25.A1907 EX 33.A1907 EX 21.A1907 EX EX NEX NEX NEX NEX EX EX EX NEX NEX EX EX EX i.. EX _..._.... EX EX EX NEX EX EX EX 35.A1907 22A1907 18.A1907 12.A1907 14.A1907 17.A1907 32.A1907 25.A1907 22.A1907 17.A1907 19.A1907 27.A1907-._ 30.A1907 32.A1907 27.A1907 27.A1907 30.A1907 26.A1907 32.A1907 36.A1907 33.A1907 36.A1907 8751 8752 8759 8760 8764 8770 8773 8775 8776 8780 8784 8785 8786 8789 8791 8792 8793 8794_.. 8796 8801 8803 8804 8805 8806 8808 ...................... 8809 8810 8811 8812 8813 8815 8816 8817 8818 8824 8825 8830 8835 8840 Zoning Manager Legislative Coord Financial Reporting Manager Internal Controls and Compliance Manager Financial Dev Coord Admin Aide I Admin Aide II Investigator II, Civilian Investigative Panel Investigator, Civilian Investig. Panel Civilian Investigative Panel Analyst Film And Culture Administrator Cultural Administrator Cultural Arts Center Manager Auditorium Mgr Assist Convention Center Manager Traffic Engineer Transportation Coordinator Special Projects Assistant Spec Projects Coord Transportation Analyst Assistant Facility Maintenance Manager EX 33.A1907 EX 25.A1907 EX 32.A1907 EX EX NEX NEX EX EX EX 34.A1907 31.A1907 20.A1907 22.A1907 28 A1907 26.A1907 26.A1907 EX 27.A1907 EX 28.A1907 EX 31.A1907 EX 25.A1907 EX 31.A1907 EX 32.A1907 EX 36.A1907 EX 25.A1907 EX 29.A1907 EX 29.A1907 26.A1907 EX Client Support Sery Aide NEX Assessment & Referral Spec. EX Training Specialist EX Job Placement Specialist Skills Coach Case Management Supervisor Case Manager Sr.Job Placement/Marketing Spec Case Management Assistant Training Coordinator Training And Development Specialist Contract Compliance Analyst Contract Compliance Manager Employment Program Analyst Job Placeinent[NTarketing Coord Fiscal Assistant Fiscal Administrator Housing Quality Assurance Aide Housing Quality Assurance Supervisor Housing Program Manager 134 EX__.___. EX EX EX EX EX EX EX EX EX EX EX EX EX NEX EX EX 20.A1907 24.A1907 25A1907 22.A1907 23.A1907 28.A1907 25.A1907 28.A1907 22.A1907 28.A1907 27.A1907 27.A1907 34.A1907 27.A1907 32.A1907 22.A1907 30.A1907 19.A1907 29.A1907 32.A1907 8842 ................. 8844 8900 8901 8903 8905 8906 Housing Program Analyst Housing Quality Assurance Monitor Grant Funded Hosing Qlty Assur Monitor Grant Funded Housing Qlty Assur Super Grant Funded Housing Program Analyst Grant Funded Assessment/RefSpec Grant Funded Emergency Mgmt Coord. 8910 Grant Funded Environmental Coordinator 8920 Grant Funded Administrative Aide I 8921 Grant Funded Administrative Aide II 8923 Grant Funded Administrative Asst. I 8924 Grant Funded Vista Program Asst. 8925 Grant Funded Program Specialist 8927 Grant Funded Homeless Housing Specialist 8928 Grant Funded Homeless Housing Supervisor 8930 Grant Funded Contract Compliance Analyst 8931 Grant Funded Contracts Manager 8932 _Grant Funded Special Projects Asst 8933 Grant Funded Special Projects Coord 8939 Grant Funded Loan Specialist 8945 Grant Funded Loan Review Specialist 8950 Grant Funded Fiscal Assistant 8951 GF Budget and Financial Support Advisor 8959 Grant Funded Clerk I 8960 Grant Funded Clerk III 8972 GF Workforce Program Supervisor 8973 GF Workforce Career Advisor 8974 GF Workforce Lead Career Advisor 8975 GF Workforce Employer Specialist 8976 GF Workforce Placement Specialist 8979 GF Workforce Business Consultant 8980 GF Workforce Employer Consultant 8982 GF Workforce Program Workshop Facilitator 8984 GF Workforce Program Customer Service Rep 8986 GF Workforce Program Specialist I NEX 8987 GF Workforce Program Specialist II NEX 8990 Grant Funded Workforce Outreach Specialist NEX NEX 28.A1907 NEX 24.A1907 EX 24.A1907 EX 29.A1907 EX 28.A1907 EX ...,. EX EX _............ . NEX EX .............. . . EX EX EX NEX 24.A1907 36.A1907 28.A1907 20.A1907 22.A1907 25.A1907 24.A1907 29.A1907�� 17.A1907 EX 25.A1907 EX 27.A1907 EX 34A1907 EX 25.A1907 EX 29.A1907 EX 24.A1907 EX 26.A1907 ............ EX 22.A1907 EX 27.A1907 NEX 08.A1907 NEX 16.A1907 EX 22.A1907 EX 15.A1907 EX 20.A1907 _EX19.A1907 EX 15.A1907 EX 19.A1907:: 19.A1907 19.A1907 10.A1907 13.A1907 15.A1907 14.A1907 Employees in job codes 8082, 8083, 8206, 8770, and 8773 are included in the unit, other than those excluded per the Unit Clarification Petition settlement agreement made and entered on March 24, 2016 and April 26, 2018 between AFSCME Local 1907 and the City of Miami. 135 All persons who hold interim, provisional, seasonal, part-time or temporary positions are considered exempt from Appendix A and as such are not entitled to any benefits as specified in this Agreement. In the event there is a discrepancy in pay grade for any particular classification, the higher pay grade will prevail. 136 MFMORAND OF UNDERSTANDING City of Miami & AVSCME, Loud, 1907 i Memorandum of Understanding is entered into this . day of ..... , 2012 between the City of Miami ("City") and the Mianil Cienezal Empl yees, American Federation of State„ Cnitnty, and Munioipal Employees Local 1907, (jointly "the Parties") to clarify the 2011-20I2 collective bargaining agreement ("CBA") as follows: WHEREAS, the Parties mutually agree, to clarify Article 4,1, Article 24.7 and Article 19 of the existing CBA to t elect the intent of the Parties during collective bargaining negotiations; and NOW THEREFORE, the Parties agr tAlows; ARTICTE 4 — MAN GEMENT MGM'S WHEREAS, Article 4 specifically 4.1 provides. "The parties agree to a sunset provision that begins at the ratification of this labor agreement 'wherein any MOU that is not :included with the labor agreement prior to the expiration of this agreement will '.ae considered null and void, NOW THEREFORE, the Parties agree, that the MOU', in existence on September 30, 20 (attached hereto) shall he incorporated, as part of the 2011-2012 collective bargainingagreement between the portico, IL ARTICLE 24.7 — WAGES WHEREAS, Article 24 specifically Article 243 provides 'Bargaining unit employees who are msigned 24-1-14,:iur 'Take Home Vehicle and wbo reside within th city limits of the City of Miami shall reimburse the City SSO a mouth for the benefit of the assigned 24-Hour Take Home, Vehicle.," NOW THEREFORE, the Parties agree th4t, Bargaining mit employees who are assigned a 24-1our Vehiele and who reside within the city limits ef the City of Miami shall not reimburse the City for the benefit of the tu3signed 24-Hour Take Horne Vehicle, ARTKLP, 39 — SICK LVAVE WHEREAS, A,rti ale 39 specifically Miele 39,11 provides "Bargaining nit members with lammed accumulated iek leave hours in CXCCSS of the maximum carryover at the etid of the year shalt he paid ibT one hundred percent (100%) of the rat portion of their Recurintlated sick leave in excess of the maximum carryover, 137 OW TIIIEREFORic, the parties agree Bargaining unit members with unused accumulated sick leave hours in excess of the maximum, carryover at the end of the year shall not be pakl 'for any -unused portion, of their accumulated sick leave in excess of the rauximurn carryover, ON l3E1- ALF OF IRE UNION: Aittioay flatten President APSCKR Local 1907 ON BEHALF OF THE CITY Marthkz City Wnag.r 138 AFSCME 1907 SALARY SCHEDULES I7 Schedule 1/7/2018 IT Sdieduie Oct 21)18 1 yr 9.9519: 20, 4? 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258747 8747 28.2195 2 29.5294 296294 311109 0 7 20 ki512 :„.„21.0574 6:8747 17.A1907 �18A1907.. 19.A1907 17.3237 19.0994 18,1899 20.0542 19.0994 21.0570 20.0542 22..1098 21.0570 22:1€r96 25.2153 22.1098 24.3761 23.2153 25.5949 24.3761 49 26.8747 25.5949 7 2,3.2185 26.8747 29.6294 28.2.185 %':293394 31.1199 29.6294 32.6653 31.1169 34.7995 32_6563 36.0146 34.2996 4 37.3154 21.A1907 23.A1907 21.0570 23.2153 22.1699 24.3761 098 23.2153 25.5949 24.3761 26.3747 24:3761 25.5949 26.3747 28.2185 26.3747 29.6294 47 22.2185 '29:6294 29.6294 32.6663 9.6294 31..11 32.6663 34.2996 36.0146 34.2996 146 17.8154 3613.146 39_7052 4 37.31.54 62 41.5915 54 39.7052 41;6915 43.7760 41..6915 43:7750' 45.9548 A1907 25A1907 25.5449 26_3747 597 28-2185 2 4 91.1199 32.6563 34.2996 4: 36.0146 37.8154 39.7062 41.691'5 41_6915 43.7750 2760 45.9648 45.9648 48.2630 482636 56.6763 8747 9948.7760 3763 27.A 28_2185 29.6294 31.1109 32.6663 54.2996 35.0145 37.8154 39.7962 41.6915 43.776,9 45.9648 46.2530 50,6763 532100 55.9705 )7: 29A1907 4 31.1109 32.6663 34_2996 36.0146 t4G 97.9154 39.7052 41.6915 '915 43.7769 45.9648 48,2630 482630 50.6763 53_2100 55.8705 58.6640 61.5972 31,41907 907 . 33.A1907 34.A1007-. 34.2996 37.3154 7552 36.0146 39_7662 ,4 37.8154 62 41.6615 39.7062 43.7760 `445-9648 41.6915 45.9648 c2 43.7760 :9648 43.2530 50:6765 45.9643 40:2630 50.6763 99941003 43.2630 763 53.2100 50.6763 53.2166 55.8705 58.6640 55.8705 61.5972 115,8755 58_6640 -.-- 61,5972 54.6771 51.5972 7 67.9110 5 64.6771 7I.3065 57.9110 74.8719 35.A1.907 41.6915 43.7750 45.9648 48_2630 50.6763 53.2100 55.8705 58.6546 61 5972 64.6771 67.931O 71:3065 74_8719 78.6156 82.5462 37.A1907 45.9643 48.2630 50.5763 53.2100 55.8795 58.6540 61.5972 64.6771 679110 0 71.3055 74.8719 78:6155 32.5452 86.6735 91.0073 6' 2100 '972 54:6771 748724 32:5462 s . 97-0978. 25 39..A1907 50.6763 53..2100 55.8705 58.6540 61.5972 64.6771 67.9110 71.3065 748719 78.6155 82.5462 86.6735 91..007 955575 100.3354 144 EMORANDUM OF UNDERSTANDING BETWEEN AF CME LOCAL 19 7 AND aryoF MIAMI August 9, 2018 WHEREAS the Parties have tentatively agreed in Article 52.6 that ,effective September 30, 2020, the :service retirement benefit for employees hired prior to October 1,. 2010,.shall be equal to three percent (3%) of the mernber's highest one year of compensation multiplied by the number of years of creditable service; and WHEREAS there is a possibility that the City may secure additional funding prior to September 30, 2018, that, subject to Commission approval, may be used and/or expended to fund an expedited implementation of the foregoing benefit. NOW THEREFORE, the parties agree that if by September 30, 2018, the City secures the necessary funding and approves the use and/or expenditure of the necessary. funding to accelerate the implementation of the foregoing benefit as tentatively agreed in Article 526 of the collective bargaining agreement, then the benefit shall take effect on October 1, 2018. AGREED TO this. y , or the City of WUan day of August, 2018:. 145 For AFSCME thcaP107 Alan`° 1Director Deparnue ni 111 ti1 c t thea°, ; i r her t� 2 (VE x. � t � fr � i flax b t% ,to the Puhlin-M' r " P Corr t'rz e Q hour.i r» u r re n 4etype t= C t iota 113 �s g31314rc 146 PLon Deputy City Mai City ;anger' ;0> 2' g berg It. L c€aittv€'ty time: ins ..t of.v I eat `o1 wat apt , . to t 147 Chief air, AGREEMENT BETWEEN CITY OF MIAMI, MIAMI, FLORIDA AND FLORIDA PUBLIC EMPLOYEES' COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 October 1, 2017- September 30, 2020 ARTICLE PAGE AGREEMENT 5 PREAMBLE 6 RECOGNITION 1 7 REPRESENTATION OF THE CITY 2 8 REPRESENTATION OF THE UNION 3 9 MANAGEMENT RIGHTS 4 10 NO STRIKE 5 11 DUES CHECK OFF 6 12 GRIEVANCE PROCEDURE 7 14 NOTICES 8 19 ATTENDANCE AT MEETINGS/ 9 20 EMPLOYEE, UNION TIME POOL SPECIAL MEETINGS 10 23 LABOR/ MANAGEMENT 11 24 COMMITTEE SAFE DRIVING 12 25 BULLETIN BOARDS 13 27 NO DISCRIMINATION 14 28 PROBATIONARY PERIOD 15 29 DISCIPLINARY PROCEDURES 16 30 ABSENTEEISM AND TARDINESS 17 32 LOSS OF EMPLOYMENT 18 34 LAYOFF AND RECALL 19 35 WAGES 20 36 OVERTIME/ COMPENSATORY 21 39 TIME/ CALL-BACK 2 VACATION 22 41 SHIFT DIFFERENTIAL 23 43 UNIFORM, SHOES, EQUIPMENT 24 44 LINE OF DUTY INJURIES 25 47 WORKING OUT OF 26 50 CLASSIFICATION GROUP INSURANCE 27 52 HOLIDAYS 28 57 RESERVED 29 59 SICK LEAVE 30 60 BEREAVEMENT -DEATH IN FAMILY 31 62 BLOOD DONORS 32 63 JURY DUTY 33 64 FAMILY LEAVE AND LEAVE 34 65 WITHOUT PAY INCARCERATED EMPLOYEES 35 67 WORK INCENTIVE PLAN 36 68 SUBSTANCE/ALCOHOL - 37 70 PERSONNEL SCREENING PREVAILING BENEFITS 38 78 ENTIRE AGREEMENT 39 79 PROVISIONS IN CONFLICT WITH 40 80 LAW TUITION REIMBURSEMENT 41 81 PENSION 42 83 MEMORANDUM OF 43 84 UNDERSTANDINGS ACCIDENT PREVENTION 44 $5 COMMITTEE SENIORITY 45 86 TERM OF AGREEMENT 46 87 APPENDIX A 89 3 APPENDIX B 90 APPENDIX C 91 4 AGREEMENT This Agreement, entered into this loth day of October 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"). 5 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: 6 Article 1 RECOGNITION 1.1. The bargaining ❑nit 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. 7 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 of the City Commission. It is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the City. Accordingly, the Union, its officers, agents and bargaining unit members agree to conduct all business regarding wages, hours, and terms and conditions of employment, with the City Manager or designee. Article 3 REPRESENTATION OF THE UNION 3.1. The bargaining unit shall be represented by a person or persons designated in writing to the 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 behalf of the Union, subject to a majority vote of those bargaining unit members voting on the question of ratification. It is understood that the Union President or 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 of any changes of the designated Union representative. 3.2. For the purpose of meeting with the City to negotiate a collective bargaining agreement, the Union shall be represented by not more than four (4) bargaining unit members and not more than one (1) non -employee Union representative. The employee representatives will be paid by the City for time spent in negotiations, with no loss of pay or emoluments but only for the straight -time hours they would otherwise have worked on their regular work schedule. 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 Director or 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 call" premises and in all areas unless the conditions set forth in this section are met. It is agreed by the parties the meetings referred to herein will not carry over beyond "work call" unless specifically approved by the Department Director or designee, nor shall they interfere with Management's right to direct the workforce. 9 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 and schedule employees in positions with the City; to suspend, demote, discharge, or take other disciplinary action against employees for proper cause; to increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work, funds, or a material change in the duties or organization of a department; to determine the location ,methods, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be provided or purchased; to establish, modify, combine or abolish job classifications; to change or eliminate existing methods, equipment or facilities; and to establish, implement and maintain an effective internal security program. 4.2. The City has the sole authority to determine the purpose and mission of the City, and to prepare and submit budgets to be adopted by the City Commission. 4.3. Those inherent managerial functions, prerogatives and policy -making rights which the City has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained herein. 10 Article 5 NO STRIKE 5.1. "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. 5.2. Neither the Union, nor any of its officers, agents and members, nor any bargaining unit members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing in furtherance of a work stoppage, or any other interruption of the operations of the City. 5.3. Each employee who holds a position with the Union occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in Chapter 447, Part II, of the Florida Statutes, and the Constitution of the State of Florida, Article I, Section 6. Accordingly, the Union, its officers, and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike. 5.4. Any or all employees who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall be appealable to Civil Service. 11 Article 6 DUES CHECK OFF 6.1. During the term of this Agreement, the City agrees to deduct Union membership dues, if any, in an amount established by the Union AFSCME Local 871 and certified in writing by an accredited officer to the City from the pay of those employees in the certified bargaining unit who individually make such request on a written check off authorization form provided by the City. Such deduction will be made by the City when other payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorization by the City. The Union AFSCME Local 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 ($.I0) cents for each addition or deletion to the check off register. 6.4. In the event an employee's salary earnings within any pay period, after deductions for withholding, Social Security, retirement, group health insurance, and other priority deductions, are not sufficient to cover dues, it will be the responsibility of the Union to collect its dues for that pay period directly from the employee. 6.5. Deductions for Union dues shall continue until either : (1) revoked by the employee by providing the City and the Union with thirty (30) days written notice that he/she is terminating the prior check off authorization [the thirty (30) days notice shall commence on the day the dues cancellation request is mailed by the City to the Union]; (2) the termination of the authorizing employee, (3) the transfer, promotion, or demotion of the authorizing employee out of the bargaining unit, or (4) unit decertification occurs. 12 6.6. The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise), and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with this Article. The Union shall promptly refund to the City any funds received in accordance with this Article which are in excess of the amount of dues which the City has agreed to deduct. 6.7. The Dues Check off Authorization Form provided by the City shall be used by employees who wish to initiate dues deduction. PEOPLE Deduction 6.8. 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. 13 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 grievance shall refer to the specific provision or provisions of this Agreement that are alleged to have been violated. Any grievance not conforming to the provisions of this paragraph shall be rejected and considered conclusively and irrevocably abandoned. Oral and written reprimands/warnings/deficiencies shall not be considered grievable under this Agreement or the Civil Service Board. The grievance procedure set forth herein is only available to 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 16.2 and 17 may only be made by employees with permanent status. Such reviews will be denied where the request does not cite the specific Civil Service Rule which is the basis of the complaint; where the issue is a matter subject to collective bargaining or where the request for review or investigation is received more than 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 in any other forum. Such choice of remedy will be made in writing on the form to be supplied by the City. 14 Should such election of remedy not be filed, the Union and the member agree and understand, that the grievance would be conclusively abandoned with no other recourse or appeal to Civil Service. The election of 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 agency or court proceeding. Any selection of redress, other than through the Grievance Procedure contained herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for adjustment of said grievance. 7.5. To simplify the Grievance Procedure, the number of "working days" in presenting a grievance and receiving a reply shall be based upon a five (5) day work week, Monday through Friday, not including City-wide holidays. Any grievance not processed in accordance with the time limits provided below, shall be considered conclusively abandoned. Any grievance not answered by Management within the time limits provided will advance to the next higher step of the Grievance Procedure. Time limits can only be extended by mutual agreement of the Union and Department Director or the Human Resources Director or their designee(s). Such agreed to extensions shall be followed up in writing. 7.6. Grievances shall be processed in accordance with the following procedure: Step 1. The aggrieved employee shall discuss the grievance with the employee's immediate supervisor outside the bargaining unit within seven (7) working days of the occurrence which gave rise to the grievance. The Union representative shall be notified 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 grievance in Step 1 and signed by the aggrieved employees or the Union representative on their behalf. The Election of Remedy form as provided in Section 7.4 of this article shall be completed and attached to grievances presented directly at Step 3. Should such Election of Remedy not be filed, the Union and the 15 member agree and understand, that the grievance would be conclusively abandoned with no recourse or appeal to Civil Service. Step 2 If the grievance has not been satisfactorily resolved at Step 1, the Union may pursue the grievance by a written appeal to the Department Director within seven (7) working days from the time the Step 1 response was issued or due (whichever occurs first). A facsimile transmittal is an appropriate means of notice for processing the grievance pursuant to Article 7 throughout all steps as long as it is followed up with hard copies and/or originals 3 days before the hearing date. Otherwise the grievance and/or administrative proceeding would be conclusively abandoned. The Department 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 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 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 within ten (10) working days from the date of the hearing. Step 4 If the grievance has not been satisfactorily resolved within the Grievance Procedure, the Union may request a review by an impartial arbitrator provided such request is filed in writing with the Human Resources Director, no later than fifteen (15) working days after the Human Resources Director or designee's Step 3 response was issued or due (whichever occurs first). 7.7. All grievances must be processed within the time limits herein provided unless extended by mutual agreement in writing between the department and/or the Human Resources Department, and the Union. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. 16 7.8. The parties to this Agreement will attempt to mutually agree upon an independent arbitrator. If this cannot be done, one will be selected from a panel or panels to be submitted by the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (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 which is not specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrator to supersede applicable laws in existence at the time of signing this Agreement. 7.10. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. 7.11. It is contemplated that the City and the Union mutually agree in writing as to the statement of the matter to be arbitrated prior to hearing; and if this is done, the arbitrator shall confine 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 17 required to post a bond of an estimated one-half of the expenses of the hearing with the arbitrator before the hearing may be scheduled. This in no way relieves the union of their obligation to pay the above stated fees, when the union files a grievance up through arbitration on behalf of a member. 7.13. 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. 18 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 City of Miami's Department of Human Resources, Labor Relations Division. 19 Article 9 ATTENDANCE AT MEETINGSIEMPLOYEE UNION TIME POOL 9.1. Only one employee Union representative shall be allowed to attend regular meetings and special meetings of the City Commission, the Civil Service Board, the Equal Employment Opportunity Advisory Board and the Pension Plan Board on City time. Time off for the employee Union representatives or any other bargaining unit employee to attend other meetings will be in accordance with Section 9,2 of this Article. 9.2. A Union Time Pool is hereby authorized subject to the following: A. Each fiscal year, the City agrees to provide a cumulative time pool bank of 3,750 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 form to request authorization from the Department 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 Department Director for approval. The Department 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 Department 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 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 shall forward a detailed explanation to the Department Director as to why the seven (7) day rule was not met, and copy the Human Resources Department. C. Employees shall be released from duty on pool time only if the needs of the service permit, but such release shall not be unreasonably denied. If an employee cannot be released at the time desired due to the needs of the Solid Waste Department, the Union may request an alternate employee be released from duty during the desired time. 20 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. G. Upon written request to the Department 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: 1. 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 Management of the City of Miami. 2. As provided in Section 9.1 of this Article, only the employee Union President or a designee shall be released to attend meetings. 3. The Time Pool will not 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. 21 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. 22 Article 10 SPECIAL MEETINGS 10.1. The City Manager, or designee, and the Union agree to meet and confer on matters of interest upon written request of either party. The written request shall state the nature of the matter to be discussed and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the request, and it is understood that these special meetings shall not be used to renegotiate this Agreement. Special meetings shall be held within fifteen (15) working days of the receipt of the written request and shall be held between 8:00 a.m. and 5:00 p.m., at a time and place designated by the City. The Union shall be represented by not more than five (5) persons at special meetings. One (1) of the employees shall be the person on full time release. 10.2. Release of an employee from scheduled work assignment for the purpose of attending a special meeting shall be made in accordance with ARTICLE 9, SECTION 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. 23 Article 11 LABOR/NIANAGEMENT COMMITTEE There shall be a Departmental Labor/Management Committee established in the Solid Waste Department of the City of Miami. Said Committee membership shall include representatives from management and bargaining unit members. 11.1. The Departmental Labor/Management Committee shall meet at least every two (2) months, and such meetings shall be scheduled during normal business hours. The purpose of these meetings will be to discuss health and safety issues, quality of work -life, productivity, service, acquisition of equipment, uniforms and 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 labor agreement between the City and the Union. All decisions made by the Departmental Labor/Management Committee shall be by affirmative consensus and shall be forwarded as recommendations to the 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 of copies to each member of the 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 for review. However,. anything related to health and safety shall be prioritized. 24 Article 12 SAFE DRIVING 121 In recognition of the policy to encourage safe driving, all bargaining unit employees who are regularly scheduled to drive city vehicles or operate Department equipment shall receive ten (10) hours of compensatory time for each annual period the driver is accident free. Accident free means that for this annual period the employee has not been ruled to be at fault. Any pending rulings will delay receipt of any award until that case has been resolved. The one (1) year annual period for measurement will commence each October 1'. Any hours awarded will be credited to the employee's compensatory leave bank within (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. 25 12.3. Any employee whose driver license and/or endorsement(s) are revoked, suspended or restricted in any way by the State of Florida shall notify his/her supervisor immediately. Should the employee fail to notify the Department of a suspension, revocation, or restriction in writing as required by this contract he/she shall be subject to discipline. 12.4. Any employee whose driver license is revoked or suspended will be allowed to use vacation or compensatory time, or leave without pay for up to two weeks to correct the suspension or revocation. If the suspension or revocation is not corrected within that time the employee will be suspended without pay for a period of 30 days. If after the 30 days suspension without pay, the driver license suspension(s) or revocation is not corrected, the employee will be demoted to a non -driver classification if such a position is available. If no such position is available, the employee will be separated from employment. Future opportunities of promotion to a driver classification for the employee placed in a non - driver classification shall be in accordance with Civil Service Rules and Regulations. Employees who do not have a commercial driver's license and required endorsements shall not be eligible to work out of class in driver classifications. 26 Article 13 BULLETIN BOARDS 13.1. The City will provide for the use of the Union a glass enclosed locking bulletin board at the Solid Waste Department building and the Green Lab 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. 27 Article 14 NO DISCRIMINATION 14.1. The City agrees to continue its policy of not discriminating, harassing, bullying, or creating a hostile work environment against any employee because of age, race, religion, national origin, Union membership, disability, sexual orientation or sex. Any claim of discrimination, harassment, bullying, or creating a hostile work environment by an employee against the City, its officials or representatives, shall not be grievable or arbitrable under the provisions of ARTICLE 7 - GRIEVANCE PROCEDURE but shall be subject to the method of review prescribed by law or by rules and regulations having the force and effect of law. Any employee who so desires has the option to file a complaint with the City'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. 28 Article 15 PROBATIONARY PERIOD 15.1. All bargaining unit employees shall be required to serve twelve (12) months of continuous service in a probationary status commencing with the date of their appointment to any bargaining unit classification. 15.2. Probationary periods may be extended by the Department Director or designee for an additional period not to exceed six (6) months. The employee shall be advised in writing of the length of the extension and the reasons for it prior to the end of the employee's eleventh month of service; provided however that probationary period extensions shall not be reviewable or appealable to the Civil Service Board nor grievable under this Agreement; but shall only be subject to review by the Human Resources Director or designee whose decision shall be final and binding on the employee and the Department. 29 Article 16 DISCIPLINARY PROCEDURES 16.1. When an employee has reasonable grounds to conclude that his participation in an investigatory interview will result in receipt of disciplinary action, the employee may request that the Union President or a City employee be present at the interview. The employee's representative shall confine his/her role in the investigatory interview to advising the employee of his/her rights. Upon request, the City will 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/Ca11-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. 16.7. Employees who have not attained permanent status in the classified service, or who are entrance probationary employees, may not grieve disciplinary action under the provisions of this Agreement. Permanent classified Civil Service employees who have been appointed to a promotional 30 position but who have not completed the required probationary period may be rolled back to the previously held position if he fails to meet his probationary period at any time prior to the expiration of the probationary period. Said demoted employee shall not be accorded a hearing before the Civil Service Board or access to the grievance procedure contained herein. 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: I. 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 31 Article 17 ABSENTEEISM & TARDINESS 17.1. The parties agree that employee absenteeism and/or tardiness hinders the cost - efficient delivery of service by the department and creates hardship for both management and members of the bargaining unit. The Union will urge its members to reduce absenteeism pursuant to that position the parties agree that: 17.2. Definition of Instances: Absenteeism - An absence from work of more than one consecutive work day for reasons of non- job related illness or injury, or family illness not excused under FMLA or any absence without leave not authorized at least one work day in advance of the absence. A physician ordered absence because of the employee's injury or acute illness or his attending to serious injury or acute illness of any actual member of the employee's household shall not be counted as an instance of absence provided the employee has submitted proper documentation. Management in its sole discretion may require a Doctor's statement from the employee verifying same. Failure to provide the Doctor's verification within three (3) working days shall cause the absence to be counted as an instance. The submitted doctor's statement shall verify the duration of time the physician feels the illness disabled the employee from performing their work. Tardiness - Reporting for work in excess of twelve (12) minutes beyond the scheduled starting time of the shift. Employees who are tardy to work will be carried unauthorized leave without pay in six (6) minute increments. Annual Period A twelve (12) month period beginning October 1" and ending September 306. 32 17.3. Employees shall be disciplined for absences and tardiness in accordance with the following schedule: Number of Instances Discipline 3rd instance in annual period Written warning 6th instance in annual period Written reprimand 10th instance in annual period Three (3) work day suspension w/o pay llth instance in annual period One work week suspension w/o pay 12th instance in annual period Dismissal 17.4. Exceptions to the above schedules may be granted by the Department Director or designee and the Human Resources Director or designee, if, in their sole discretion, individual circumstances warrant such action. Any request for a review of an instance must be filed with the Department Director within five (5) working days of the receipt of any related discipline by the employee. 33 Article 18 LOSS OF EMPLOYMENT 18.1. Employees shall lose their seniority and their employment shall be terminated for the following reasons: 1. Discharge if not reversed. 2. Resignation if not withdrawn within twenty four (24) hours from submission to the Department Director. 3. Abandonment of position. An employee absent for three (3) consecutive work days without personal notification 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 "W" (without pay), the City shall notify the employee Union President of the employee's absence. 4. Unexcused failure to return to work when recalled from layoff. 5. Unexcused failure to return to work after expiration of a formal leave of absence. 6. Retirement. 7. Layoff for a continuous period of twenty-four (24) months. 34 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 employees from October I, 2017 through September 30, 2020, and the City will maintain Local 871's 195 bargaining unit positions for the duration of the current Agreement. 19.3. In the event a permanent or prolonged reduction in personnel is determined to be necessary, length of seniority shall be the determining factor in such layoff (and any subsequent recall from layoff) except the Department of Solid Waste may deviate from seniority in layoffs or demotions when seniority alone would result in retaining employees unable to maintain a satisfactory level of service to the citizens when such deviation is recommended to and approved by the City Manager. In such cases the Union will be advised of the determination and the reasons therefore. 19.4. In the event an employee having permanent status in a Civil Service classification covered by this Agreement is laid off, he or she shall have the option to bump the most junior employee within a lower classification covered by this Agreement in which he or she held permanent status. 19.5. For the term of this Agreement, should the City determine it requires additional personnel in the Solid Waste Department, personnel on layoff will be given an opportunity to fill a position in the Solid Waste Department in accordance with the Civil Service Rules and Regulations. To the extent practical, based on the City's needs, employees on layoff and who qualify will be considered for vacant part-time and temporary positions from the established layoff list within the City. Those employees on the layoff list shall be considered hired before the City may recruit from employees not currently on the City's payroll. 35 Article 20 WAGES 20.1. The Union agrees with the City that there is a need to address the operational method of the Solid Waste Department, which may require a reorganization of the Solid Waste Department. The reorganization will require implementation of staffing and operational changes in order to increase the efficiency of the department and reduce costs of the Solid Waste Department. The Union, its officers, agents, and members pledge their support in implementing such operational changes or reorganization and the Union hereby waives all requirements of approval, and notice of such covered by this agreement. Effective the first full pay period after October 1, 2017, all bargaining unit members will receive a three percent (3%) across the board increase, and the pay scale at Appendix C shall be adjusted accordingly. Effective the first full pay period after October 1, 2018, all bargaining unit members will receive a one percent (1%) across the board increase, and the pay scale shall be adjusted accordingly. Effective the first full pay period after October 1, 2019, all bargaining unit members will receive a one percent (1%) across the board increase, and the pay scale shall be adjusted accordingly. For fiscal years 2017, 2018, and 2019, respectively, bargaining unit members that are not at their maximum step will be eligible for step/anniversary increases upon a satisfactory evaluation and in accordance with the Article 20.3, below. There shall be no other step/anniversary increases other than those enumerated above during the term of this Agreement. 20.2. All changes in salary for reasons of promotion, demotion, merit increase, anniversary increase, or working out of classification shall be effective the first day of the payroll period following the effective date of the change. Leaves of absences without pay or suspension of any duration shall delay increases by the period of time involved. 36 20.3. Bargaining unit members shall become eligible for a five percent (5%) one (1) step/anniversary increase according to the table below based upon a satisfactory evaluation and on the positive approval of the Department Director. Step 2 5% after one (1) year at Step 1 Step 3 5% after one (1) year at Step 2 Step 4 5% after one (1) year at Step 3 Step 5 5% after one (1) year at Step 4 Step 6 5% after one (1) year at Step 5 Step 7 5% after one (1) year at Step 6 Step 8 5% after one (1) year at Step 7 Step 9 5%© after two (2) years at Step 8 Step 10 5% after two (2) years at Step 9 Step 11 5% after two (2) years at Step 10 Step 12 5% after two (2) years at Step 11 Step 13 5% after two (2) years at Step 12 Step 14 5%© after two (2) years at Step 13 Leaves of absence without pay, suspension of any duration, or assignment to Tight or modified duty in accordance with Article 25 shall delay increases by the same number of workdays. A Department Director may withhold anniversary increases due to excessive absenteeism resulting from tardiness, sick leave usage and/or until such time as, in the Department Director's judgment, the employee's service within the classification meets the standards of satisfactory performance for the position. Employees whose anniversary increases are delayed or denied shall be notified of the reasons for the action being taken. Employees whose anniversary increases are delayed or denied due solely to tardiness or sick leave usage may request a review of the denial by the Human Resources Director or designee, whose decision shall be final and binding. 37 20.4. Any bargaining unit employee, upon retirement from City service, or separating under honorable conditions, who has served for a period of twenty-five (25) years or more, shall be granted, at the time of his/her retirement or honorable separation one hundred seventy-three and three tenths (173.3) hours of pay. 38 Article 21 OVERTIME/COMPENSATORY TIME/CALL-BACK 21.1. All authorized hours actually worked in excess of an employee's forty (40) hour work week. shall be considered overtime work. The hours that employees are working or involved 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 their straight time hourly rate of pay or shall be given compensatory time at the rate of time and one- half for such work. This overtime rate shall be all inclusive and no additional compensation in the form of hourly differential, etc., shall be paid. 21.3. The maximum accumulation of compensatory time hours is two hundred (200) hours. If an employee takes compensatory time off, the hours in 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 average earnings for purposes of establishing pension benefits. 21.5. The parties agree that overtime will be rotated to eligible persons within their respective classifications by seniority within the classification. A voluntary sign up list will be posted for bargaining unit members to sign up for overtime within their respective classification, Employees who call out for a regularly scheduled shift on a Monday or Friday will be skipped on the next two (2) overtime rotations that they would otherwise be eligible for selection. 21.6. Management, by utilizing volunteers as set forth in Article 21.5, does not waive its rights to require bargaining unit members to work overtime. The parties agree that assignments of overtime work rest solely with the Department Director or designee, including decisions regarding the classifications needed, frequency, staffing, scheduling, emergencies, etc. The parties agree that any employee refusing assignments of such work is subject to disciplinary action as deemed appropriate by the Solid Waste Director. 39 21.7. Any permanent bargaining unit employee eligible for overtime shall, if recalled to duty by Management during off -duty hours, receive a minimum of three (3) hours plus one (1) hour travel time, paid at the overtime rate. The parties agree that call - back hours shall not be used in the computation of average earnings for purposes of establishing pension benefits. An employee out on ill time or worker's compensation will not receive call back pay for taking the required physical before said employee may be released to return to work. 40 Article 22 VACATION 22.1. Vacation Scheduling - By November 30t of the year preceding the vacation year, each employee will select a vacation period in accordance with the Department Vacation Selection Procedure. Said Vacation Selection Procedure will be developed by Management and will include, but not be limited to, the following elements: A. Vacation selection by seniority in classification. B. Assignment of an employee number to all employees within each classification with the number one (1) being the senior person in each classification. C. Provision of time frames during working hours in which employees will be directed to select their vacation. 22.2. The Department 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 required above, the Department 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 Department Director's or designee's approval. Such approval shall not be unreasonably withheld. During the vacation year, employees may use additional vacation leave at the discretion of the Department 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 five hundred (500) hours of the previous year's credited vacation. 41 Any excess vacation over the five hundred (500) hours allowed carryover shall be forfeited after January 1" and no exceptions to the maximum carryover allowance shall be permitted absent the express written approval 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) grandfathered 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. If an employee is unable to take a previously authorized vacation due to cancellation by the Department Director or designee, any hours in excess of the 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)1 22.5. Other than regularly scheduled vacation, requests for additional vacation leave must be requested twenty-four (24) hours in advance of use and shall be taken in increments of not less than one (1) hour. Vacation leave may be granted by the Department Director or designee on an emergency basis. Should such request be denied, the employee may only appeal such denial to the City Manager or designee. Except for where otherwise provided in this labor agreement vacation leave may not be used for illness. Upon an employee's retirement or separation from City service, the employee will be paid for those vacation hours credited and earned through the employee's separation date. Vacation shall be calculated on actual service in the previous calendar year and shall, only be taken after the completion of six months of actual continuous service. 22.6. In those instances where an employee requests payment of vacation hours as a result of an emergency situation, such requests will only be considered upon submission of backup documentation. Approval for such payment will rest solely with the Human Resources Director or a designee of the City Manager. 42 Article 23 SHIFT DIFFERENTIAL 23.1. A night shift differential of $.60 per hour will be paid to bargaining unit employees who work a regular established shift between the hours of 6:00 p.m. and 8:00 a.m. However, more than one-half of the hours of the regular established shift must be within the hours of 6:00 p.m. and 8:00 a.m. 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. 43 Article 24 UNIFORMS, SHOES, EQUIPMENT 24.1. Employees are required to wear complete uniforms, and any required safety equipment in the appropriate manner, while on duty. Complete uniforms consist of City approved shirt, jumpsuit, pants, safety belt, hat and 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 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) cold weather jacket, an initial issue of one (1) safety belt, four (4) caps, and a $ 125.00 voucher to purchase a pair of water resistant safety shoes. In addition, as of October 1, 2010, each full time active duty employee shall be provided one additional uniform at no expense to the employee as follows: one (1) cap, one (1) short sleeve t-shirt, and one (1) pant. The cold weather jacket and safety belt will be replaced every other year. Should an employee lose the issued safety belt, the employee will be issued another safety belt and shall promptly reimburse the City the current cost of the safety belt through payroll deduction over a period of four pay periods. New hires will be provided 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 following their hire. Each uniform draw shall be recorded by the supervisor and signed 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 Director or designee. 44 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 Director or designee may require the employee to purchase and wear replacement uniform(s) at the employee's expense, provided that upon request of the employee and turn in of the item(s), any uniform shirts, pants, or jumpsuit determined by the Department Director or designee, to be deficient for reasons beyond the employee's control shall be replaced by the City at the City's expense. 24.6. Uniforms shall be worn by employees 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 of water resistant safety shoes who have not already received a $125.00 voucher to purchase an initial pair of water resistant safety shoes will be provided 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 Director or l 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 Director or 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 where 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. 24.9. Equipment provided an employee by the City will be of a quality determined by management and will be replaced within a reasonable time of the employee returning such damaged or non -usable equipment to the City, when the Department Director or designee determines it is beyond repair or otherwise no longer usable. 45 24.10. Employees shall reimburse the City for the actual repair or replacement cost of lost, stolen, or damaged City equipment when the employee's carelessness and/or negligence contributed to the loss, theft, or damage. 46 Article 25 LINE OF DUTY INJURIES 25.1. Workers' Compensation Medical and Indemnity Benefits. To the extent required by, and subject to the limitations specified in, Chapter 440, Florida Statutes, the City will provide workers' compensation indemnity benefits to any bargaining unit member who sustains a compensable line of duty injury or illness as provided by the Workers' Compensation Law of the State of Florida. 25.2. Any bargaining unit member who is disabled as a result of an accident, injury or illness covered by Chapter 440, Florida Statutes, will be granted supplementary salary, subject to the terms and conditions set forth below. Supplemental salary will be 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 of his temporary disability pursuant to current practices. 25.6. If an employee becomes permanently and totally incapacitated for the further performance of the duties of his/her classified position he/she shall petition the retirement board for retirement. 47 The supplementary salary of the 2/3 "D" as described above shall be carried by the department until the retirement is granted or denied. 25.7. At any time during his/her absence from duty claimed to be the result of a line of duty injury while an employee is collecting City supplementary pay, the employee shall be required, upon the request of the City Manager, or his designee, to submit to a physical examination by a physician designated by the City Manager within fifteen days of the request. If such employee, without cause, as 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. ' The amount of the pension contribution shall be based on "earnable compensation" as define by Miami Code Section 40-191 48 Should the employee notify the City by contacting Risk Management that he/she does not want a combination of Workers' Compensation indemnity pay included with the supplemental wage for the purposes of making regular deductions, the Workers' Compensation check will be distributed separately through the third party administrator and the City will only pay the supplemental wage minus federally mandated deductions. i.e. withholding, social security and Medicare. All other non -mandatory deductions, including pension, medical, life and other insurance contributions and al! 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 within the discretion of management, employees may be assigned light or modified duty when practicable. An employee assigned to light or modified duty may be assigned to any department within the City based on operational needs as determined by management. Light or modified duty assignments may end at any time, but in any event shall not exceed six (6) months in duration. An employee assigned light or modified duty shall receive their regular pay during such assignment, and any step/anniversary increases shall be delayed by the same number of working days in the light or modified duty assignment. An employee assigned light or modified duty shall not be eligible for supplemental salary as provided for in this Article. Article 7 shall not apply to this section. 49 Article 26 WORKING OUT OF CLASSIFICATION 26.1. The Department 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 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, and meet the minimum requirements of the higher classification. Preference for selection will be given to the employee with the most seniority who meets these eligibility requirements. 26.3. Once an employee is determined by the Department 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 classification pay, the employee must have been temporarily assigned to one of the following particular classifications for the specified period of time: Waste Collector Operator I - 30 work days Waste Collector Operator II (Garbage) 30 work days Waste Collector Operator lI (Sweeper) 30 work days Waste Equipment Operator 30 work days Waste Collector II 30 work days 50 Once the employee has been working out of class for more than the period of time specified herein, the employee will be paid an increase of one (1) step above his/her 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. 51 Article 27 GROUP INSURANCE 27.1. The City and the Union agree that the Summary Plan Document (SPD) (entitled City of Miami Life and Health Benefits,) 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 $8.08 per eligible bargaining unit member per pay period to the union within sixty (60) days or less after ratification upon termination of the existing life insurance contract to provide life insurance coverage in the amount of $35,000.00 and accidental death and dismemberment coverage in the amount of $70,000.00. 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. MedicallVision: 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: Medical/Vision Cigna Network Dual ChaicelPOS Cigna Network Dental DHMO - Cigna / DPPO - Guardian EAP Cigna Health Care 52 The City may change the vendor(s) for any of its self -funded benefit plans at any 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, 2018, 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, 2018, (the beginning of the next Plan year) any increases or decreases in the cost of the City's health plan shall be shared by current active employees on the following basis for all medical plans: Plan Year 2018: Dual Choice/POS (Cost of coverage shown bi-weekly) Employee City Single $40.55 $197.97 Single + spouse $89.21 $435.54 Single + Children $75,01 $366.25 Family $115.56 $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 53 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 50% of drug cost per 30 day supply for self-administered injectables (e.g. injectable drugs used to treat rheumatoid arthritis, hepatitis C, multiple sclerosis, asthma). Cigna Tel Drug Mail Order Drug Program: $0 (No Charge) per 90 day supply for generic drugs $80 per 90 day supply for preferred brand name drugs $120 per 90 day supply for non -preferred brand name drugs 50%0 of drug cost per 90 day supply for self-administered injectables (e.g. injectable drugs used to treat rheumatoid arthritis, hepatitis C, multiple sclerosis, asthma). Since prescription drug costs are a major component of the health plan and are subject to significant annual cost increases, the City and the Union agree to evaluate and measure pharmacy benefit total costs and 54 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. 27.4. 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 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. 55 above. • 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 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, EAP, and dental coverage. 56 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. 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-OVERTIME/COMPENSATORY TIME/CALL BACK PAY shall apply to this Article. Hours of compensatory time accumulated under this 57 Article, when added to the compensatory time earned under ARTICLE 21- OVERTIME/COMPENSATORY TIME/CALL BACK PAY shall not exceed two hundred (200) hours. 28.7. Employees assigned to the 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. 58 Article 29 RESERVED 59 Article 30 SICK LEAVE 30.1. The parties agree that care and discretion shall be exercised by Management and the Union in order to prevent the abuse of sick leave privileges. To determine the reasons for an employee's absence on sick leave, the employee's immediate supervisor 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 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 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 (100%) of accumulated sick leave up to seven hundred fifty (750) hours and fifty percent (50%) of accumulated sick leave above seven hundred fifty (750) hours. 30.6. Bargaining unit members 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 grandfathered. A bargaining unit member's maximum sick leave carryover from calendar year to calendar year shall not exceed seven hundred and fifty (750) hours or the number of unused accumulated sick leave hours in excess of the seven hundred and fifty (750) hours grandfathered as of September 30, 2010 and any hours accrued in excess of the maximum carryover in a given year are not permitted to be carried over by the 60 bargaining unit member. Bargaining unit members with unused accumulated sick leave hours in excess of the maximum carryover at the end of the year shall be paid for one hundred percent (100%) of the unused portion of their accumulated sick leave in excess of the maximum carryover. 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 for a sick leave cash bonus incentive of one hundred twenty-five ($125) dollars. In order for the employee to receive such incentive, the employee must not utilize any sick leave, and be active and in a full paid status during the payroll calendar year. In addition, bargaining unit members who qualify for the sick leave incentive cash bonus, as described herein, shall receive eight (8) hours of commendation paid leave. A bargaining unit member will receive an additional one hundred seventy-five ($175) dollars sick leave cash bonus if at least one hundred (100) bargaining unit employees qualify for the sick leave cash bonus incentive. Such bonuses shall be subject to applicable federal taxes, but shall not be included for calculating pension. 61 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 form provided by the City and submitted to the Department of Human Resources. Failure to produce the death certificate will result in the employee reimbursing the City for any 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 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 within 45 days of the death of the family member. The 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. 62 Article 32 BLOOD DONORS 32.1. Employees who volunteer as blood donors to contribute to an on -site City supported Blood Donor Organization will be authorized the paid absence necessary to accomplish this purpose. The Blood Donor Organization's personnel will determine what amount of time the donor will need from the point of donation till the time the employee is released to go back to work. 63 Article 33 JURY DUTY 33.1. Employees shall be carried on leave of absence with pay for actual working time lost when called to serve on jury duty. Such employees shall be paid at their regular hourly rate for all working time Lost up to the number of hours they are regularly scheduled to work each week. Employees who complete jury duty shall report back to work during their regular work schedule or shall forfeit the City compensation for jury duty for the day or days in question. 33. 2. In consideration of receiving their regular pay, employees called to serve on Jury Duty shall promptly notify their supervisor of the call to Jury Duty. The supervisor shall make a copy of the summons to Jury Duty and forward said copy with the payroll sheets for the week in which the employee is on Jury Duty. Employees who serve as jurors for Federal Court shall have deducted from their paycheck a Jury Duty fee equal to that compensation paid to the employee by the Federal Court in their jurisdiction per day in the payroll period following the week in which the employee was on Jury Duty. Employees who serve as jurors for State and County Court shall not have Jury Duty fees deducted for the first three (3) days of juror service. Employees who serve more than three (3) days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to that compensation paid to the employee by the State or County Court in their jurisdiction. Any changes by the Courts in the above fees shall be reflected in the employee's paycheck as they occur. 33.3. Attendance in court in response to legal order or subpoena to appear and testify in private litigation not in connection with an employee's official duty, but rather as an individual, shall be taken as vacation, compensatory leave, or leave of absence without pay. 64 Article 34 FAMILY LEAVE AND LEAVE WITH©UT 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 eligible event. 34.2. Upon approval of the Department 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 of entering upon a course of training or study calculated to improve the quality of the employee's service to the City through course work directly related to the employee's job, for a period not to exceed six (6) months. The request for leave without pay may be extended for an additional six (6) months upon the approval of the Department 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 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 any other time accrued in leave banks prior to taking a leave without pay. A request for leave without pay for a serious health condition as provided under the Family and Medical Leave Act shall require the bargaining unit employee to use all sick, vacation and any other time accrued prior to taking such leave. The usage of such leave time will not prevent the employee from taking leave without pay as specified herein. 65 34.4. Bargaining unit employees who take a leave without pay for any reasons specified in this Article shall not accrue leave time during periods of leave without pay. At the expiration of a leave of absence without pay, the bargaining unit employee shall be returned to the same or similar position vacated when said leave of absence without pay was granted in accordance with the provisions of the Family and Medical Leave Act. Leave of absence without pay during the required probationary period of service shall extend the probationary period the length of time used during the said leave of absence without pay. 34.5. 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. 66 Article 35 INCARCERATED EMPLOYEES 35.1. The following procedures shall apply to employees who have been arrested and/or incarcerated. 1) Incarcerated employees must notify the Department Director within three (3) days from the day of the incarceration. 2) When Management is made aware of a permanent employee's incarceration, the department will contact the arresting agency for verification of the arrest record. 3) If the incarceration occurs during the permanent, employee's scheduled work shift, the employee may request the use of his or her available vacation time, compensatory time or earned personal leave time, not to exceed ten (10) work days. If the employee has not presented himself/herself ready for work in ten (10) work days, the employee will be presumed to have resigned. 4) Should the arrest of the employee be of so severe a crime or heinous in nature Management after an administrative investigation 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) If the employee wins his or her case, Management is not precluded from reinstating the employee or taking administrative action arising out of the arrest and trial consistent with applicable rules and regulations. 67 Article 36 WORK INCENTIVE PLAN 36.1. It is agreed between the parties that bargaining unit personnel assigned to the Garbage, Recycling, Street Cleaning, and Trash Collection Divisions may be placed on an incentive basis whereby once the assigned route is completed and has been certified by the Solid Waste Director, or designee, as being completed, the applicable personnel may be relieved from their tour of duty for the day. The City reserves the right to require employees to work the full shift based upon the needs of the department. The City and the Union will 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 designee, in cooperation with the Union, shall conduct a review of routes to ensure that employee assignments are balanced and efficient. The Union shall be provided with an opportunity to review all route changes fourteen (14) days prior to the implementation of any route changes. 36.2. if an assigned route has not been satisfactorily completed as determined by Management prior to the end of the 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 Agreement. Failure to complete the route in a timely manner may result in disciplinary action. 36.3. Should the 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. 36.4. The Management of the Solid Waste Department shall designate and have the right to change the starting tirnes of all work assignments. 68 The following starting times will apply hence forth. Should Management desire to change said starting times, they will notify the Union fourteen (14) calendar days prior to the change of shift time. Recycle Roll Call 7:00 a.m. Garbage Roll Call 6:15 a.m. Trash Roll Ca11 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 shift time, the Union President or designee shall advise the 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. 69 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 a driver, while on duty, operating City -owned equipment, is at fault for damaging private or public property, then a management representative with the classification of Sanitation Supervisor or above, must determine that there exist reasonable belief, based upon objective factors, that the employee is under the influence of alcohol. D. Where a management representative with the classification of Sanitation Supervisor or above has a reasonable belief based upon objective factors that the employee(s) has possession or is using, dispensing or selling any illegal drug or controlled substance not prescribed by a licensed physician. E. Where a management representative with the classification of Sanitation Supervisor or above has a reasonable belief, based upon objective factors, that the employee is under the influence of alcohol on duty. F. Randomly based on a pool of all employees. G. As part of the C➢L program as detailed by that current program's requirements. 70 H. Bargaining unit members tested in accordance with this article shall be placed on administrative leave with pay pending the results of the substance/ alcohol test. In the event that the results of 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/Mass Spectrometry (G.C.M.S.) or better testing. When a sample is taken under any of the above circumstances, a portion of the initial sample shall be retained for a second test should either management or the employee request same. Testing procedures shall be performed at a reliable state licensed clinical laboratory. 37.3. Employees shall give a urine sample (EBT for testing alcohol content) at either a hospital or State accredited testing lab as chosen by the City. Tests by a laboratory other than a laboratory selected by the City, as provided in this article shall not be permitted as evidence in any arbitration or civil service hearing. 37.4. Management will notify the Union either by telephone, facsimile, or email prior to an employee is to be tested. 37.5. If a drug tested employee wishes a second testing of the original sample taken, the following procedures will apply: A. The employee has twenty-four (24) hours after he or she or the Union is notified of a positive drug test to request a second test of the remainder of the original sample. Said right for the second test shall expire after twenty-four (24) hours. 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 71 requesting same if second test comes back positive. Such payment if necessary may be deducted from an employee's paycheck. 37.6. If an employee is ordered back to duty for testing, the provisions of Article 21 Overtime/Compensatory Time/Call- Back will apply. 37.7. Where a bargaining unit member alleges that an order made under this Article is not consistent with the criteria cited herein, he/she shall comply with the order, and may simultaneously file a protest with the communicator of the order. Refusal to submit to a request for an alcohol or drug test under this Article shall be grounds for dismissal. Disputes arising out of such orders that results in discipline shall be arbitrable under the Grievance Procedure of this Agreement. 37.8. The employee(s) shall not be disciplined until a positive test result is communicated to the City. However, if the employee's conduct in connection with the substance/alcohol abuse amounts to conduct for which the City may otherwise discipline the employee, the City may take action prior to learning of the test results. 37.9. Once the Department has determined that an employee is to be tested, the employee will be placed on administrative leave with pay until such time the employee 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. 72 REHABILITATION 37.11. In the event that the results of any substance/alcohol test are positive, the following criteria will apply: A. The employee at his/her own cost shall, within seventy-two (72) hours of the positive test notification, excluding weekends and holidays, enter and remain in a substance/alcohol program approved by the City and the Union until the approved program administrator is able to state that the employee has successfully completed the program. If the employee fails to enter the approved substance/alcohol program within seventy-two (72) hours, the employee will be terminated. While in the program, the employee will be allowed to return to work if the program administrator approves; if not, the employee may continue using compensatory leave, vacation time, and sick leave time until the program administrator approves the employee's return to work. Once the compensatory leave. vacation time, and sick leave time are exhausted, the employee will be carried Authorized Leave Without Pay and will not be eligible to receive donated time from other employees regarding absences due to rehabilitation pursuant to this section. Employees shall not be permitted to work in drivers' positions until the employee has successfully completed the program. If the employee fails to complete the program, he or she will be dismissed. If the employee is rehabilitated, as determined by the program administrator, the employee shall be allowed to return to work. 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. 73 D. Employees who successfully complete the program and are cleared to return to work by program administrator, shall be subject to random drug/alcohol screenings by the City for a period of two (2) years from the date the employee returns to work. 37.12. The Omnibus Transportation Employee Testing Act (OTETA) of 1991 shall apply to all bargaining unit employees who fall within the definition of covered employees as described within the Act. The provisions of this Article shall be followed to the extent they do not violate the Act. 37.13. The testing laboratory shall be licensed by the State of Florida as a clinical laboratory specializing in the analysis of body fluids for drugs and alcohol. 37.14. Said laboratory must have a licensed clinical laboratory director currently licensed by the State of Florida. Further, technical staff must be licensed by the State and said personnel shall include a licensed supervisor. 37.15. The State of Florida inspects such toxicology labs and the lab utilized must have a track record of having passed and continue to pass the inspections as required by the State of Florida. 37.16. Participation in the College of American Pathologists Proficiency Testing Program is a desirable qualification of the testing laboratory. Said lab licensed directors should have 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. 74 C. A driver that is determined to be at fault as a result of the City's investigation or the Accident Review Board for damaging private or public property is subject to progressive discipline pursuant to Article 16 of the Disciplinary Procedure. 37.19. An employee who is terminated for failure to meet the requirements of rehabilitation as described herein, who 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 any other forum. INITIAL TESTS - URINE 37.20. The initial testing shall use an immunoassay method which meets the requirements of the Food and Drug Administration for commercial distribution. 37.21. The following cutoff concentrations shall be applicable to determine whether specimens are negative or positive for the following drugs or classes of drugs utilizing the initial test procedure: Initial Test Level (ng/ml) 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 Barbiturates 25 300 Benzodiazepine 300 Amphetamines Amphetamine 1000 Methamphetamine 1000 Methaqualone 300 Methylene dioxymethamphetamine (MDMA) (Ecstasy) 500 Methylenediox yamphe tamine (MDA/Ice) 500 Flunitrazepam (Rohnyol) (Roofies) 300 Designer Drugs: Unless specified with cutoff concentration levels, will be determined by the Agency for Health Care Administrations (AHCA) if standards exists, or industry standards if no existing AHCA standards. 75 CONFIRMATORY TEST - URINE 37.22. All specimens identified as positive by the initial test shall be confirmed using gas chromatography/mass spectrometry (GCS/MS) techniques. GCS/MS confirmation procedures at the following cutoff concentration shall be used for the following drug: Confirmatory Test Level (ng/ml) Cannabis (Marijuana) Metabolite 20 37.23. For all other drugs listed below, the confirmatory test shall detect the confirmed presence of the substance. The laboratory must be prepared to provide evidence from its quality control program to prove its capability of detecting such substances. Confirmatory Test Level (ng/ml) Cocaine Metabolites 150 Opiates Metabolites Morphine 2000 Codeine 2000 6-Acetylmorphine (Test when the morphine concentration is greater than or equal to 2000 ng/ml 10 Phencyclidine Amphetamines: Amphetamine Methamphetamine Barbiturates Benzodiazepine Methaqualone Methylenedioxymethamphetamine (MDMA) (Ecstasy) Methylenedioxyamphetamine (MDA/Ice) Flunitrazepam (Rohnyol) (Roofies) 25 500 500 250 250 150 500 500 300 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. 76 37.24. Proper chain of custody controls shall always be enforced during drug/alcohol testing. Authorized technicians shall sign the chain of custody form and be responsible for each urine specimen to be tested. The laboratory shall include sufficient safeguards to ensure that unauthorized personnel are prevented from gaining access to the laboratory. 77 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. If the City desires to change such job benefits, the matter shall be negotiated between the City and the Union in accordance with Chapter 447, part 2, Florida Statute. 78 Article 39 ENTIRE AGREEMENT 39.1. This Agreement, upon ratification, constitutes the complete and entire Agreement between the parties, and concludes collective bargaining for its term. 39.2. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union for the duration of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered, in this Agreement, or with respect to any subject or matter not specifically referred to, or covered, in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated, or signed this Agreement. 39.3. Such Agreement precludes the initiation by the Union of any municipal legislation which would result in the alteration or cost increase of the benefits agreed to in this Collective Bargaining Agreement or to increase the cost of other employee benefits not specifically provided for in this Collective Bargaining Agreement. 79 Article 40 PROVISIONS IN CONFLICT WITH LAW 40.1. If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word of this Agreement, is in conflict with any existing State or Federal law, or future State or Federal law; or with any existing City ordinance; or with any interpretation of this Agreement made by a court of competent jurisdiction, that portion of this Agreement in conflict with said law or ordinance or resolution, or court interpretation of law, shall be null and void; but the remainder of the Agreement shall remain in full force and effect with it being presumed that the intent of the parties herein was to enter into the Agreement without such invalid portion or portions. The parties agree that this Agreement takes precedence over any conflicting Civil Service 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. 80 Article 41 TUITION REIMBURSEMENT 41.1. The Educational Reimbursement Program will encourage City employees to improve job performance and increase career 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 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. 41.3. All course work must be taken at or from an accredited college, university or educational institution approved by the City Manager or designee. 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 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. C. The Department Director or designee will then review the application and if approved forward the original and one copy to the Human Resources Department. If the application is disapproved, it is then returned to the employee by the Department Director or designee. 81 D. The Human Resources Department has the authority to approve or disapprove the application, and applications not approved will be returned to the Department Director with the reason for rejection noted thereon. 41.7 In the event the employee resigns or is terminated from the City within one (1) year following completion of the course(s) for which City funds have been expended, the amount of educational reimbursement paid to the employee will be reimbursed to the City by the employee upon 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 Director. The Department 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 Director or designee will advise the Human Resources Department of the employee's satisfactory completion of the course. 82 Article 42 PENSION 42.1 The parties agree that for the term of this agreement the pension benefits and employee contributions of employees covered by this agreement shall be as provided in the City of Miami General Employees' and Sanitation Employees' Retirement Trust, Section 40-241 through 40-290, Miami City Code ("GESE"), as amended, except as follows: 42.2 The parties agree that effective October 1, 2017, the service retirement benefit for creditable service on and after October 1", 2010, shall be equal to: for the first 20 years of creditable service, two and one-half percent (2.5%) of the member's average final compensation multiplied by the number of years of creditable service. 83 Article 43 MEMORANDUM OF UNDERSTANDINGS 43.1. Effective the date this Agreement is ratified by the parties, should the City and Union desire to enter into one or more MOU(s) or similar agreement(s) during the life of this Agreement, such MOU(s) or other agreement(s) will only be binding on the City upon signature of the City Manager or designee. 84 Article 44 ACCIDENT PREVENTION COMMITTEE 44.1. All vehicular accidents involving a City vehicle will be reviewed by the Accident Prevention Committee. The Accident Prevention Committee is comprised of the following five (5) committee members: 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 Solid Waste Director. If the Solid Waste Director or designee 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. 85 Article 45 SENIORITY 45.1 Seniority, for the purposes of this article is defined as the original date of hire with the City as a bargaining unit employee of AFSCME Local 871, and time in the employee's classification. 45.2 Seniority shall be a factor in promotions, and in the assignment of days off within 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. 86 Article 46 TERM OF AGREEMENT 46.1. After a majority vote of those bargaining unit employees voting on the question of ratification and thereafter upon its ratification by an official resolution of the City Commission ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the City, unless otherwise agreed to by the parties, then the Agreement, upon being signed by the appropriate Union representatives and the City Manager, shall become effective at 12:00 a.m., October 1, 2017, or as otherwise provided in this Agreement, whichever date is later. The Agreement shall continue in full force and effect until 11:59 p.m., September 30, 2020. 46.2. On or before April 1, 2020, 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, 2020, 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, 2020, be entered into by the City and the Union. 87 AGREED to this day of 2017 and between the respective parties through an authorized representative or representatives, of the Union and by the City Manager. ATTEST: ATTEST: CITY CLERK 88 AE, Local 871 C&- ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA City Manager APPROVED AS TO FORM AND CLASS CODE NUMBER APPENDIX A CLASS TITLE SALARY RANGE NUMBER 3448 Sanitation Shop Maintenance Worker ' 21D 3017 Waste Collector/Garbage I9D 3020 Waste Collector/Trash 19D 3018 Waste Collector II 20D 3108 Waste Collector Operator I 20D 3109 Waste Collector Operator II 21D 3110 Waste Equipment Operator 22D 89 APPENDIX B ACCRUAL BY ANNUAL HOURS ACCRUAL CODE Years January's Crossed (EC-15) 481521Hours (EC-17) FServed 40 Htours (EC-10) Police ita:-2ri,)i. Solul Wo- .. IEC-011 General IE6-271 Support Staff (EC-29) Professional (EC -40) Special Prorated 160 )EC-44) Executive 0 1 Prorated Prorated Prorated Prorated Prorated Prcrle€1 Prorated Prorated 1 2 140 96 94 92 94 88 104 160 2 3 140 96 94 92 94 96 112 168 166 3 4 140 96 94 42 94 96 120 176 176 4 5 140 96 94 92 94 104 128 184 184 5 6 140 96 94 92 94 112 136 192 192 6 7 150 104 134 100 114 120 152 200 200 7 8 160 112 134 108 114 128 152 208 208 8 9 170 120 134 116 114 136 160 116 216 9 10 180 128 134 124 114 140 160 224 224 10 11 190 136 134 132 114 144 176 232 232 11 12 195 140 154 136 134 142 184 249 240 12 13 200 144 154 140 134 152 192 240 240 13 14 205 148 154 144 134 156 200 240 240 14 15 210 152 154 148 134 160 208 240 240 15 16 215 156 154 152 134 164 216 240 240 16 17 220 160 174 156 174 1,,0 216 240 240 17 18 225 164 174 174 172 216 240 240 18 19 230 168 174 174 tit, 216 240 240 19 20 235 172 174 174 180 216 240 240 20 21 240 176 174 174 164 216 240 249 21 22 245 180 194 174 106 216 240 240 22 23 250 184 194 i1.0 174 216 240 240 23 24 255 188 194 184 174 216 240 240 24 25 260 192 194 18e 174 216 240 240 25 26 265 196 194 102 174 ... 216 240 240 26 27 270 200 214 196 174 2i.0+ 216 240 240 27 28 275 204 214 200 174 204 216 240 240 28 29 280 200 214 294 174 204 216 240 240 29 30 285 212 214 208 174 204 216 240 240 30 31 290 216 214 212 174 204 216 240 240 31 32 290 220 214 ?to 174 204 216 240 240 32 33 290 224 214 220 174 204 216 240 240 Rev. 10116 LSR 90 APPENDIX C October 1st, 2017 1 2 1yr 3 1Yr 4 1Yr 5 1yr 6 1yr 7 1yr 8 2yr 9 2yr 10 2Yr 11 2yr 12 2yr 13 2yr 14 2yr 19.0 $15.0372 _ $15.7891 $16.5785 $17.4075 $18.2778 $19.1917 $20.1513 $21.1588 $22.2168 $23.3276 524.4941. $25.7188 $27.0047 $28.3549 20.0 $16.5409 $17.3680 $18.2363 $19.1482 $20.1055 $21.1108 $22.1664 $23.2748 $24.4385 $25.6604 $26.9434 $28.2906 $29.7051 $31.1904 21.D 518.1950 $19.1047 $20.0599 $21.0629 $22.1161 $23.2219 $24.3830 $25.6022 $26.8823 $28.2264 $29.6377 $31.1196 $32.6755 $34.3093 220 $20.0144 $21.0152 $22.0659 $23.1692 $24.3276 $25.5440 $26.8212 $28.1623 $29.5704 $31.0489 $32.6014 $34.2314 $35.9430 537.7401. October 1st, 2018 1 2 1yr 3 1yr 4 1yr 5 1yr 6 1yr 7 1yr 8 2yr 9 2yr 10 2yr 11 2yr 12 2yr 13 2Yr 14 19.D $15.1876 $15.9469 $16.7443 $17.5815 $18.4606 $19.3836 $20.3528 521..3704 $22.4390 $23.5609 $24.7390 $25.9759 $27.2747 528.6384 20.0 $16.7063 $17.5417 $18.4187 $19.3397 5203066 $21.3220 $22.3881 $23.5075 $24.6829 $25.9170 $27.2128 $28.5735 530.0021 $31.5023 21,6 $18.3769 $19.2957 $20.2605 $21.2735 $22.3372 $23.4542 $24.6268 $25.8582 $27.1511 $28.5087 $29.9341 $31.4308 $33.0023 $34,6524 22.0 $20.2146 $21.2253 $22.2865 $23.4009 $24.5709 $25.7995 $27.0895 $28,4440 $29.8661 $31.3594 $32.9274 $34.5737 $36.3024 $38.1175 October 1st, 2019 1 2 1yr 3 1yr 4 1yr 5 1yr 5 1yr 7 1yr 8 2yr 9 2yr 10 2yr 11 2yr 12 2yr 13 2yr 14 2yr 19.D $15.3394 $16.1064 $16.9117 $17.7573 $18.6452 $19.5774 $20.5563 $21.5841 $22.6634 $23.7965 $24.9864 $26.2357 $27,5475 $28.9248 20.0 $16.8734 $17.7171 518,6029 $19.5331 $20.5097 $21.5352 $22.6120 $23.7426 $24.9297 $26.1762 $27.4849 $28,8592 $30.3022 $31.8173 21.D $18.5607 $19.4887 $20.4631 521.4863 $22.5606 $23.6887 $24.8731 $26.1168 $27.4226 $28,7938 $30.2334 $31.7451 S33.3323 $34.9989 22.D $20.4167 $21.4376 $22.5094 $23.6349 $24.8166 $26.0575 $27.3604 $28.7284 530,1647 531.6730 $33.2566 $34.9195 $36.6654 538.4987 91 INDEX ARTICLE PAGE AGREEMENT 5 APPENDIXA 89 APPENDIX B 90 APPENDIX C 91 ABSENTEEISM & TARDINESS 17 32 ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL 9 20 ACCIDENT PREVENTION COMMITTEE 44 85 BLOOD DONORS 32 63 BULLETIN BOARDS 13 27 BEREAVEMENT -DEATH IN FAMILY 31 62 DISCIPLINARY PROCEDURES 16 30 DUES CHECK OFF 6 12 ENTIRE AGREEMENT 39 79 FAMILY LEAVE AND LEAVE WITHOUT PAY 34 65 GRIEVANCE PROCEDURE 7 14 GROUP INSURANCE 27 52 HOLIDAYS 28 57 INCARCERATED EMPLOYEES 35 67 JURY DUTY 33 64 LABOR/MANAGEMENT COMMITTEE 11 24 LAYOFF AND RECALL 19 35 LINE OF DUTY INJURIES 25 47 LOSS OF EMPLOYMENT 18 34 MANAGEMENT RIGHTS 4 10 MEMORANDUM OF UNDERSTANDINGS 43 84 NO DISCRIMINATION 14 28 NO STRIKE 5 11 NOTICES 8 19 OVERTIME/COMPENSATORY TIME/CALL-BACK 21 39 PENSION 42 83 PREAMBLE 6 PREVAILING BENEFITS 38 78 PROBATIONARY PERIOD 15 29 PROVISIONS IN CONFLICT WITH LAW 40 80 RECOGNITION 1 7 REPRESENTATION OF THE CITY 2 8 REPRESENTATION OF THE UNION 3 9 RESERVED 29 59 SAFE DRIVING 12 25 SHIFT DIFFERENTIAL 23 43 SICK LEAVE 30 60 SPECIAL MEETINGS 10 23 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING 37 70 SENIORITY 45 86 TERM OF AGREEMENT 46 87 TUITION REMIBURSEMENT 41 81 UNIFORMS, SHOES, EQUIPMENT 24 44 VACATION 22 41 92 WAGES 20 36 WORK INCENTIVE PLAN 36 68 WORKING OUT OF CLASSIFICATION 26 50 93