HomeMy WebLinkAboutExhibitARTICLE 1
RECOGNITION
1.1. The bargaining unit is as defined in the Certification issued by the Florida Public
Employees Relations Commission on November 1, 2000, (Certification No. 1304, Case no. RC-
2000-032, EL-2000037) which includes all .the classifications listed in APPENDIX A of this
Agreement. Any new classifications will be added pursuant to Chapter 447-FL Statute.
For the City
Date: 0 z
1
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.
For the City
Date:
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For the Union
Article 3
REPRESENTATION OF THE UNION
3.1. The bargaining unit shall be represented by a person or persons designated in writing to the City
Manager or designee or the Director of Human Resources 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 City Manager or designee and the Director 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.
3.4. The Department Director shall designate his or her designee(s) in writing to the Union President, and
update those designations if necessary.
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For the Cit
a� ?-3
Date
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qv
e Union
ARTICLE 4
MANAGEMENT RIGHTS
4.1 The Union agrees that the City has and will continue to retain, whether exercised
or not, the sole and exclusive right to operate and manage its affairs in all respects. The rights of
the City, through its management officials, shall be entitled to all rights identified in Section
447.209, Florida Statutes. These rights shall include, but shall not be limited to, the right to
determine the organization of City Government, to unilaterally determine the purpose of each of
its constituent departments; to unilaterally exercise control and discretion over the organization
and efficiency of operations of the City; to unilaterally 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 change employees' work schedules; 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
permanently or temporarily layoff, furlough or otherwise relieve employees from duties because
of lack of work, funds, 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 and/or positions; to change or eliminate
existing methods, equipment or facilities; to establish, implement and maintain an effective
internal security program; 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,
and to prepare and submit budgets to be adopted by the City Commission.
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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.
4.4 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.
For the City
Date: JC/
6
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.
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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.
For the City
Date: -?3
8
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 tho
City. The Union AFSCME Local 871 shall advise the Human Resources Department 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
ch biweekly pay period to a duly authorized representative as designated in writing by tho
Union. The City shall deduct from the remittance an amount for the cost of duos check off. Tho
amount will be calculated at two ($.02) cents for each employee deduction, each payroll period,
and ten ($.10) cents for each addition or deletion to the check off register.
6/1 In the event an emp ,
for withholding, Social Security, retirement, group health insurance, and other priority
deductions, are not sufficient to cover dues, it will -be the respensibi1ity fthe Union to collect its
dues for that pay period directly from 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
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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 (1) unit decertification occurs.
6.6 The Union shall indemnify, defend and hold the City, its officers, officials, agents
end 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 amounts 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.
6.86.1 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
deducted during the period covered by the remittance. The Union shall indemnify, defend and
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not taken by the City, its officials, agents and employees in complying with this Article. The
arc in excess of the amount of dues which the City has agreed to deduct.
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If at any point in the future the law allows for dues deductions, the parties agree to reopen
this Article 6 onl
For the City
Date
96-t/ e9— ?
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ARTICLE 7
GRIEVANCE PROCEDURE
7.1 7.1. A grievance is defined as a dispute involving the interpretation or application
of the specific provisions of this Agreement or disciplinary actions beyond a written reprimand,
except as exclusions are noted in other Articles of this Agreement.
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. 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 Director of Human Resources 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 ten (10) working days of the occurrence which gave
rise to the grievance. Such discussion shall be memorialized in writing by the aggrieved employee
before proceeding to Step 2, and a copy forwarded to the Labor Relations division of the Human
Resources Department by thrieved employee. 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 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,
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 I and signed by the aggrieved employees or the Union
representative on their behalf. The Election of Remedy form as provided in Section 7.4 of this
article shall be completed and attached to grievances presented directly at Step 3. Should such
Election of Remedy not be filed, the Union and the member agree and understand, that the
grievance would be conclusively abandoned with no recourse or appeal to Civil Service.
Step 2
If the grievance has not been satisfactorily resolved at Step 1, the Union may pursue
the grievance by a written appeal to the Department Director within ten seven (710) 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 ten (10) working days from receipt of the written
grievance.
Step 3
If the grievance has not been satisfactorily resolved at Step 2, the Union may
present a written appeal to the Director of Human Resources or designee within ten (10) working
days from the time the Step 2 response was issued or due (whichever occurs first). The Director
of Human Resources or designee shall hold a grievance hearing within ten (10) working days
from receipt of written appeal with the Union representative and/or employee 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 Director of Human Resources, no later than fifteen (15) working days after the
Director of Human Resources or designee's Step 3 response was issued or due (whichever occurs
first). The arbitration proceeding shall be conducted by an arbitrator selected by the City and the
Union. The selection process of the arbitrator between the City and the Union shall take place
within 20 days upon request by the Union, unless otherwise agreed to by the Parties.
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.
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, or an independent arbitrator 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
under the rules of the American Arbitration Association. except as to the rule which authorizes
an arbitrator to determine arbitrability, unless consented to by the Parties on the record. 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. No arbitrator shall have jurisdiction to arbitrate
any dispute arising under the terms of any executed settlement agreement between the City and
the Union or between the City and any bargaining unit member(s). The Parties to this Agreement
agree that the terms of any executed settlement agreement shall control the forum in which that
particular settlement agreement may be enforced.
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.
7.12 Each party shall bear the expense of its own witnesses of the arbitration including,
court reporters and of its own representatives. The parties shall bear equally the expense of the
impartial arbitrator, and the transcript of the arbitration hearing. The City agrees that the Union
has no obligation to represent or file grievances on behalf of non -dues paying members. However,
should any individual employee, not being represented by the union, bring a grievance under this
Article, the employee shall be required to post a bond of an estimated one-half of the expenses of
the hearing with the arbitrator before the hearing may be scheduled. This in no way relieves the
Union of their obligation to pay the above stated fees, when the union files a grievance up through
arbitration on behalf of a member.
7.13 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.
For the Union
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
8.2 The Union shall be provided advance notice of all new employee orientations
involving bargaining unit members and shall be allowed up to fifteen (15) minutes to speak
thereat.
Date
17
For t
e Union
ARTICLE 9
ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL
9.1 No Union Time Pool shall be charged for an individual attending to City Business.
"City Business" shall be defined as, and limitedto, attendance at 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. Only one (1) bargaining unit employee at a time shall be
released on City Business, unless management authorizes the release of additional bargaining unit
Personnel,
9.1 Time off for the employee Union representatives or any other bargaining unit
employees may use Union Time Pool in connection with to attendance at any other meetings that
are not included in the definition of City Business, shall -be in accordance with Section 9.32 of
this Article. For purposes of this Article, any attendance at any meeting that is not considered
City Business shall be considered, and defined as, "Union Business."
9.2 A Union Time Pool is hereby authorized for use in connection with Union
Business, 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 only for Union Business. Such Union Business shall include, but not be
limited to, time spent directly representing employees in the bargaining unit; including, but not
limited to, collective bargaining and grievance and discipline activities. Any unused hours shall
be 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
#52051980 vl
Director for approval a minimum of seven (7) calendar days prior to the time employee desires
such leave. The Department Director or designee shall forward the approved form to the
Supervisor of the employee who is to use such time. 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 and the Director of Human Resources as to why the seven (7) day rule was not met.
Failure to submit the appropriate form may result in denial of the Union pool time.
C. To qualify for UNION pool timeUnion Time Pool, bargaining unit members
must be current employees (not relieved of duty for any reason) in good standing with the City.
Employees shall be released from duty on Union Time Pool pool time only if the needs of the
service permit, as determined by the Department Director or designee, 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.
D. Only one (1) bargaining unit employee shall be rel used to attend meetings
b
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 PoolUnion Business, 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
#52051980 vi
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, oOnly 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 Bbusiness or attending meetings shall not have that time
counted as hours worked for purposes of overtime or compensatory
time.
9.3 All applicable laws, rules, regulations and/or orders shall apply to any person
released under the terms of this Article. Violations of the above -mentioned laws, rules, regulations
and/or orders may subject the employee to disciplinary actions.
#52051980 vl
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
negotiation e f future.
i
Y
Date: /1 I% 2 b23
#52051980 vl
For the Union
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 t; City Manager or designee, no charge shall
be made to the employee time pool.
Date: ZI aL'" ]
22
For' the Union
ARTICLE 11
LABOR/MANAGEMENT COMMITTEE
There shall be a Departmental Labor/Management Committee established in the Solid
Waste Department of the City of Miami. Said Committee membership shall include representatives
from management and bargaining unit members.
11.1 Either the City or the Union may request a Department Labor/Management
Committee meeting, and such meeting shall be scheduled within fifteen (15) days from the date
on which the meeting is first requested. The Departmental Labor/Management Committee shall
meet at least once 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 recommendations 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, and/or -will
provide the Union President and committee members, will provide the other with a written
response outlining what actions will be taken, if any, by the department with respect 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.
For
Date:
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For' he Union
ARTICLE 12
SAFE DRIVING
12.1 In recognition of the policy to encourage safe driving, all bargaining unit
employees who are regularly scheduled to drive city vehicles or operate Department equipment
shall receive 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 shall run from October 1st through September 30th of
each year. 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 ten (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
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possession at all times. Should the employee not have in his/her possession upon inquiry by the
Department a valid license as required by the contract, he/she shall be disciplined.
12.3 Any employee whose driver license and/or endorsement(s) are revoked, suspended
or restricted in any way by the State of Florida shall notify his/her supervisor immediately. Should
the employee fail to notify the Department of a suspension, revocation, or restriction in writing
as required by this contract he/she shall be subject to discipline.
12.4 Any employee whose driver license is revoked or suspended will be allowed to
use vacation or compensatory time, or leave without pay for up to two weeks to correct the
suspension or revocation. If the suspension or revocation is not corrected within that time the
employee will be suspended without pay for a period of 30 days. If after the 30 days suspension
without pay, the driver license suspension(s) or revocation is not corrected, the employee will be
demoted to a non -driver classification if such a position is available. If no such position is
available, the employee will be separated from employment. Future opportunities of promotion
to a driver classification for the employee placed in a non - driver classification shall be in
accordance with Civil Service Rules and Regulations.
Employees who do not have a commercial driver's license and required
endorsementshall not be eligible to work out of class in driver classifications.
.zo
For the Ci ` Po
Date: -g(9-i /-
25
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
representatjof the Union or a representative of the City.
Fcfr the Cit
Date:
26
For t e Union
�h
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, and any separation of employment due to a
disability, or as the result of a fitness for duty evaluation and/or process shall not be grievable or
arbitrable under the provisions of ARTICLE 7 - GRIEVANCE PROCEDURE, but shall be
subject to the method of review prescribed by law or by rules and regulations having the force
and effect of law.
14.2. 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.
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.
14.3 The filing of a charge of discrimination with any local, state, or federal agency by
any bargaining unit member shall be seen as an election of remedy, and thus the underlying basis
for the char elshall not be the subject to the grievance process.
For the,Ci
Date I ( J
27
A
For the Union
ARTICLE 15
PROBATIONARY PERIOD
15.1 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 of continuous service commencing with
the date of entry into a permanently budgeted classification and prior to gaining permanent status
in the classified service. Existing permanent classified Civil Service employees shall
satisfactorily serve a probationary period of six (6) months, commencing with the date of
promotion into a new permanently budgeted classified Civil Service position.
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 Director of Human Resources or designee whose decision shall be final
and binding, 6'iz the employee and the Department.
For the City
Date:'(D_,
29
For he Union
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 .2. Investigatory interviews shall be conducted at a reasonable hour. preferably
while the employee is on duty, unless the seriousness of the investigation is of such degree that
immediate action is required. If the employee is to be interviewed outside his/her assigned work
schedule, he/she shall be paid overtime in accordance with Article 21 — Overtime/Compensatory
Time/Call-Back.
16.3 Interviews shall be for reasonable periods and shall allow for such personal
necessities and rest periods as are reasonably necessary.
16.4 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.
16.5 An appeal of any discharge or other disciplinary action, excluding oral or written
reprimands will be in accordance with Article 7.
29
16.6 Employees who have not attained permanent status in the classified service, or who
are entrance probationary employees, may not grieve disciplinary action under the provisions of
this Agreement. Permanent classified Civil Service employees who have been appointed to a
promotional position but who have not completed the required probationary period may be rolled
back to the previously held position if he fails to meet his probationary period at any time prior to
the expiration of the probationary period. Said demoted employee shall not be accorded a hearing
before the Civil Service Board or access to the grievance procedure contained herein.
16.7 Employees may be progressively disciplined only for proper or just cause, provided
they are full-time employees who hold permanent status in the City's Civil Service. Progressive
discipline shall include the following:
1. Verbal or Oral Counseling
2. Written Reprimand
3. Written Reprimand/Forfeiture of up to eight (8) hours of the employees'
vacation or compensatory leave balance
4. Suspension of up to 3 workdays
5. Demotion
6. Dismissal
For he i " I For the Union
Date: 1 I' Q2..U2.5
30
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 five twelve (5) 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.
31
Annual Period A twelve (12) month period beginning October 1st and ending September 30th.
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
l Oth 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 ector within five (5) working days of the receipt of any related discipline by the
employ,
For the City
Date
32
For he Union
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.
For t "r' " it 1 ( For the Union
Date: 1
33
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_ Hhowever the agree there will not be any layoffs of Local 871's
bargaining unit employees from October 1, 2020 2023 through September 30, 2O2 2026, and the
City will maintain Local 871's 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
#52051981v1
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.
#5205I981v1
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 October 1, 20230, employees shall receive a 53% across the board
increase. Effective October 1, 20244-, employees shall receive a 72% across the board increase.
Effective October 1, 20252, employees shall receive a 5% across the board increase.
For fiscal years 20230, 20244- and 20252, 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.
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
Step 15 5% after two (2) years at Step 14
Step 16 5% after two (2) years at Step 15
Leaves of absence without pay, suspension of any duration, or assignment to light
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 Director of Human Resources or designee, whose decision shall be final and
binding.
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.
Fo'te For e Union
Date: 1 I I
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 three hundred and fifty
(3500) hours. If an employee takes compensatory time off, the hours in the employee's bank
would be appropriately reduced by such time offIf 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 bargaining unit members
within their respective classifications by seniority within the classification. A voluntary sign up
list will also be posted for bargaining unit members to sign up for overtime within their respective
classification. For purposes of overtime, such voluntary list shall be followed in order, based
upon when the bargaining unit member signed up for overtime. No bargaining unit member on
that list shall take the place of an otherwise scheduled bargaining unit member from the rotation
system. 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.
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 may be released to return to work.
For t - Cit
Date: I f 1)9,3
For the Union
ARTICLE 22
VACATION
22.1 Vacation Scheduling - By November 30th of the year preceding the vacation year,
each employee will select a vacation period in accordance with the Department Vacation Selection
Procedure. Said Vacation Selection Procedure will be developed by Management and will include,
but not be limited to, the following elements:
A. Vacation selection by seniority in classification.
B. Assignment of an employee number to all employees within each
classification with the number one (1) being the senior person in each
classification.
C. Provision of time frames during working hours in which employees will be
directed to select their vacation.
22.2 The Department 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.
41
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.
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 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)).
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
42
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 designepf the City Manager.
For t!e Union
43
ARTICLE 23
SHIFT DIFFERENTIAL
23.1 A night shift differential of $1,68 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.
C\
For he Union
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 corresponding to their four (4) or five (5) day work week at no expense to the employee
as follows: up to five (4) shirts, which may be tee shirts of a quality determined by management,
up to five (5) pants, (or two (2) jumpsuits and two (2) pants), one (1) cold weather jacket, an
initial issue of one (1) safety belt, up to five (5) caps, and a $175.00 voucher, which shall only be
used to purchase up to two (2) pairs of water resistant safety shoes whose quality is certified as
acceptable by Management. 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
48
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.
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 an
acceptable 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 unacceptable 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 $175.00 voucher to
purchase an initial pair of water resistant safety shoes will be provided a $175.00 voucher. which
shall only be used to purchase of an initial pair of water resistant safety shoes whose quality is
certified as acceptable by Management.
24.8 When, due to wear and tear or accidental destruction, the Department Director or
his designee determines a replacement pair of shoes is required, the City will give the employee
a voucher for $175.00 for the purchase of another pair of water resistant safety shoes. This
additional $175.00 voucher shall only be provided when the worn out or damaged pair of shoes
49
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.
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 .o the loss, theft, or damage.
For the Ci
Date:
50
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 in this Article. 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. Employees must first utilize available leave balances to be eligible for any supplemental
salary provided herein.
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
50
member is actually placed on "D". If the bargaining unit member is removed from "D," the non
"D" time will not apply to the 150 days period.
25.5 If an employee remains temporarily disabled beyond the period of time in which
he is entitled to collect the 80% supplementary pay benefits, he shall be entitled to supplementary
pay equal to 2/3 "D" payments for the additional period of his temporary disability pursuant to
current practices.
25.6 If an employee becomes permanently and totally incapacitated for the further
performance of the duties of his/her classified position he/she shall petition the retirement board
for retirement. The 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.
51
All non -mandatory deductions including, but not limited to, a bargaining unit
member's pension contributions, medical, life and other insurance contributions, and all other non -
mandatory and voluntary deductions will be made by the City on the bargaining unit member's
behalf only to the extent that 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.
Should the employee notify the City by contacting Risk Management that he/she
does not want a combination of Workers' Compensation indemnity pay included with the
supplemental wage for the purposes of making regular deductions, the Workers' Compensation
check will be distributed separately through the third party administrator and the City will only
pay the supplemental wage minus federally mandated deductions. i.e. withholding, social security
and Medicare. All other non -mandatory deductions, including pension, medical, life and other
insurance contributions and all other non -mandatory and voluntary deductions will not be made
and the bargaining unit member will be responsible for making all payments directly to those
providers and creditors who would have otherwise been paid through the City's payroll deduction
process.
The amount of the pension contribution shall be based on "earnable compensation" as define by Miami Code
Section 40-191
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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 thi rticle. Article 7 shall not apply to this section.
For the City For he Union
9-3
Date
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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 l 30 work days
#52051983 vl
Waste Collector Operator II (Garbage) - 30 work days
Waste Collector Operator II (Sweeper) - 30 work days
Waste Equipment Operator 30 work days
Waste Collector II 30 work days
Dead Animal Collection Immediate
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.
26.4 A qualified bargaining unit member who works at a higher classification for a
minimum of 2080 hours over an eighteen (18) month period of continuous employment,
satisfactorily demonstrates acceptable work habits and jobjlerformance, and has held permanent
status in the previous job classification, shall be promoted to that higher classification
permanently, without the need to apply for the position. An employee promoted in accordance
with this Article shall not suffer any reduction to his or her hourly wage rate. Instead, beginning
on the date in which a bargaining unit employee is promoted to a higher classification, the
#52051983 vl
employee shall be slotted into the pay grade that is at least 10% more than the employee earned
in the lower classification (not what the employee earned while working out of class). An
employee who is promoted under this Article will not fall "in between" steps for the new position,
and will instead be placed in pay grade that is at least 10% more than what the employee earned
at the lower classification.
Date:
#5205I983 v1
II►qIzo23
For the Union
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 prepared by 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 no more than $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 $40,000.00
and accidental death and dismemberment coverage in the amount of $80,000.00. The Union, as
of January 1st, 20242, has secured a three year rate guarantee from the provider, Reliance Standard
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 Agreement and agrees to provide policy and rate documentation to the City at the City's
request.
27.3 Medical/Vision:
The City currently offers medical, dental, prescription drugs and vision benefit
plans through a self - funded plan in which all bargaining unit members, upon obtaining eligibility,
may enroll, to wit:
Medical/Vision Cigna Network
Dual Choice/POS Cigna Network
Dental DHMO - Cigna / DPPO CIGNA
EAP Cigna Health Care
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, 20212 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, 20242, (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 20224: Dual Choice/POS (Cost of coverage shown bi-weekly)
Employee City
Single $40.55 $94.67
Single + spouse $89.21 $648.27
Single + Children$75.01 $545.15
Family $115.56 $839 83
As there are frequent and rapid changes in health care costs, it is understood and
agreed between the Parties that any changes in contribution amounts will be made based on the
annual calculation of theoretical premium. It is agreed that should theoretical premium costs
increase at a rate higher than the projections used to establish the employee contributions above
(projection used is 10% increase in total premium each year), then those employee contributions
shall be adjusted to reflect the increase and shall be effective at the beginning of the Health Plan
Year. Likewise, should the theoretical premium cost decrease more than the projections used to
establish the employee contributions stated above, those employee contributions will be lowered
to reflect the overall theoretical premium decrease. In any given plan year, projections used to
establish any increase in contributions from the employee shall be capped at 15%.
Prescription Drug Coverage.
The City currently offers a prescription drug benefit plan for those bargaining unit
members enrolled in and Dual Choice/POS plans. It is a self -funded plan administered by Cigna
Health Care and consists of the current benefit:
Cigna Pharmacy Retail Drug Plan:
$15 per 30 day supply for generic drugs
$40 per 30 day supply for preferred brand name drugs
$60 per 30 day supply for non -preferred brand name drugs
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
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 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 Agreement to identify ways to
strengthen and improve our health plan. This will include, but is not limited to:
Obtain timely, accurate, and transparent reporting with full disclosure, of
all costs from our vendors.
Identify plan vendor administrative improvements and efficiencies that can
have a significant impact on reducing health expenditures and to ensure that
our health plan vendors are delivering maximum administrative savings.
Educate employees on better understanding and use of their health plan.
Identify the impact of health improvement and disease management
initiatives to decrease overall medical and drug costs.
Evaluate and measure our pharmacy benefit total costs and fully assess the
costs from our pharmacy benefit manager (PBM) vendors,
Identify proven strategies to more effectively provide prescription benefits,
and obtain vendor (PBM) administrative savings to successfully manage
this important benefit.
Make recommendations to the City Manager to reduce health expenditures
while maintaining a quality health plan at an affordable cost and which
improves the health of employees and dependents.
Review employee complaints and remedy situations concerning claims so
long as the decision does not change or impact current benefits. This is
intended to reduce the need for the grievance procedures; however, the
bargaining unit member does not waive his/her right to file a grievance
should the committee's remedy not be satisfactory to the employee.
Review and update the Summary Plan Description (currently titled City of
Miami Life and Health Benefits) Any and all other health care and wellness
issues identified by the Committee as promoting initiatives to improve the
health of employees and dependents while maintaining a quality health
plan.
Committee shall meet monthly or as soon as practicable to commence
initiatives • utl, nevi above.
For the City
Date:
For the Union
ARTICLE 28
HOLIDAYS
28.1 The following days shall be considered holidays:
New Year's Day Columbus Day/Indigenous Peoples' Day
President's Day Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Friday after Thanksgiving
Labor Day Christmas Day
Martin Luther King, Jr. Day Juneteenth
28.2 Any additional holidays declared by official resolution of the City Commission
shall be added to the above list.
28.3 Hourly non-exempt 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,,
so long as the employee's assigned route is completed and has been certified by the Solid Waste
Director, or designee, as being completed.
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 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 working holidays, except
Martin Luther King, Jr. Day and Christmas Day, unless the City Manager or designee determines
otherwis
e City
1
Date: 1 I 1 1
#52051985 vi
For tke Union
Date:
z/d( /272
ARTICLE 29
RESERVED
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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 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.
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.
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A bargaining unit member's maximum sick leave carryover from calendar year to
calendar year shall not exceed seven hundred and fifty (750) hours or the number of unused
accumulated sick leave hours in excess of the seven hundred and fifty (750) hours grandfathered
as of September 30, 2010 and any hours accrued in excess of the maximum carryover in a given
year are not permitted to be carried over by the bargaining unit member. Bargaining unit members
with unused accumulated sick leave hours in excess of the maximum carryover at the end of the
year shall be paid for one hundred percent (100%) of the unused portion of their accumulated sick
leave in excess of the maximum carryover.
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.
64
For th
Date:
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For the Union
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 or a notarized statement that reflects the family relation of the deceased
to the employee. 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 a
notarized statement or any other documentation that reflects the death as deemed appropriate by
the Director of Human Resources 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
66
Director 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 t grievance or any other forum.
For t r e it '"�—Fof-'the Union
Date:
67
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.
n)
Forthe City
Date: j j &-9 ( `" `-2
72
e Union
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.
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For the City
Date: q(0(4 /(9--)
74
For the Union
ARTICLE 34
FAMILY LEAVE AND LEAVE WITHOUT PAY
34.1 Effective upon ratification by the parties of the labor agreement, bargaining unit
employees shall be eligible for leave without pay in accordance with the Family and Medical
Leave Act of 1993. Such leave is provided under the law for the birth, adoption or foster care of
a child and for a serious health condition of the employee or the employee's spouse, child, parent
or grandparent, eligible deployment/ return from deployment rights or any other FMLA 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.
#5205I988 vi
34.3 Bargaining unit employees who desire to take a leave without pay in accordance
with this Article (excluding serious health condition) must use all vacation and any other time
accrued in leave banks prior to taking a leave without pay. A request for leave without pay for a
serious health condition as provided under the Family and Medical Leave Act shall require the
bargaining unit employee to use all sick, vacation and any other time accrued prior to taking such
leave. The usage of such leave time will not prevent the employee from taking leave without pay
as specified herein.
34.4 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
resignatio om the service of the City of Miami.
ForFor tie Union
Date: 1 i 02—
#52051988 vl
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 appl' ble ru j- s and regulations.
For
Date:
72
Fort e Union
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, Ca11 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.
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Date:
36.4 The Management of the Solid Waste Department shall designate and have the right
to change the starting times of all work assignments.
The following starting times will apply hence forth. Should Management desire to
change said starting times, they will notify the Union fourteen (14) calendar days prior to the
change of shift time.
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
grievanc�orocedures contained herein or of any other administrative review.
For the Ci
1I 0?3
74
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 exists 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.
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F. Randomly based on a pool of all employees.
G. As part of the CDL program as detailed by that current program's
requirements.
H. Bargaining unit members tested in accordance with this article shall be placed on administrative
leave with pay pending the results of the substance/ alcohol test. In the event that the results of 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 is4o43e being 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
74
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 instructedby
the City.
37.10. The Union will be advised of passed or failed tests to the extent that the releasing of such data is
consistent with Federal or State laws, if the individual involved wants his test results released to the Union.
REHABILITATION
75
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.
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.
76
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.
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
77
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
Benzodiazepine
Amphetamines
Amphetamine
Methamphetamine
Methaqualone
Methylene dioxymethamphetamine
(MDMA) (Ecstasy)
Methylenedioxyamphetamine
(MDA/Ice)
Flunitrazepam (Rohnyol)
(Roofies)
300
500
500
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.
25
300
300
1000
1000
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
78
20
37.23. For all other drugs listed below, the confirmatory test shall detect the confirmed presence of the
substance. The laboratory must be prepared to provide evidence from its quality control program to prove
its capability of detecting such substances.
Confirmatory Test Level (ng/ml)
Cocaine Metabolites
Opiates Metabolites
Morphine
Codeine
6-Acetylmorphine (Test when the
morphine concentration is greater
than or equal to 2000 ng/ml
Phencyclidine
Amphetamines:
Amphetamine
Methamphetamine
Barbiturates
Benzodiazepine
Methaqualone
Methylenedioxymethamphetamine
(MDMA) (Ecstasy)
Methylenedioxyamphetamine
(MDA/Ice)
Flunitrazepam (Rohnyol)
(Roofies)
150
2000
2000
10
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.
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 the laboratory.
For the City
Date
.7z)
-00 ct ?
79
\ti
For t'ie Union
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.
Nothing in this Agreement is intended to change any local state or federal laws ordinances or
regulations.
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.
38.4 The City's failure to exercise any of its rights under this Agreement, the Civil
Service Rules and/or any City administrative polices (and/or Departmental policies) shall not be
deemed a waiver of the City's said rights, and therefore, shall not be deemed to be a Prevailing
Benefit under this Section 38.
Date: / 1
#52051989 vl
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 Gcj lective Bargaining Agreement.
For the City For the Union
Date:
91
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 nece�sary to comply with the Americans with Disabilities Act.
For the City
S. (()_((..
Date:
92
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, so long as the member has complied with the City's
administrative prerequisites for participation in the 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 $75,000 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 complete obtain three (3) copies of the Application for
Tuition Reimbursement form for each course provided by the Human
Resources Department.
B. The employee must complete the application in triplicate and submit it to
his department director prior to commencement of course work. 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.
D. The Human Resources Department has the authority to approve or
disapprove the application, and applications not approved will be returned to the employee, with
notification 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 teiiiiination from the City through a deduction from his final paycheck and/or
leave balance accounts.
41.8 Within fifteen (15) business days of successful -completion of the course
work, the employee must submit his/her final semester grade report together with the book, lab
and tuition fee receipts to his/her Department Director. The Department Director or designee will
submit the approved application for educational reimbursement along with the employee's
sernest ,rf nal grade report and tuition fee receipt to the Human Resources Finance Department
who shall review and determine the amount eligible for reimbursement. The Human Resources
De artment will then forward the determination to the Finance De artment, who shall reimburse
the employee for the City's share of the tuition reimbursement, in accordance with the
determination of the Human Resources Department. then reimburse the employee for the City's
rces Department of the employee's sati3fact
For t e Union
Date: % 1)1"7 1
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") ("Pension Plan"), as amended, except as follows
42.2 Effective upon ratification, member retirement allowance shall not exceed the
lesser of 100% of the member's average final compensation or an annual allowance of $120,000
as of retirement. Effective October 1, 2022, member retirement allowance shall not exceed the
lesser of 100% of the member's average final compensation or $100,000 as of retirement.
42.3 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 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.
42.4 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.
42.5 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.
42.6 Effective September 19, 2022, the maximum period of participation in the DROP shall be
84 months. The backdrop option shall not replace the DROP program. All bargaining unit
employees who attain normal retirement eligibility shall be eligible for the forward DROP as
amended, and any bargaining unit employee who chooses not to enter the forward DROP shall
be eligible 'o the backdrop.
Fo
Date: 1) in`LvL
For e Union
ARTICLE 43
MEMORANDUM OF UNDERSTANDINGS
'13.1 Effective the date this Agreement is ratified by the parties, should the City and
Union desire to enter into one or Mere MOU(s) or similar agreement(s) during the life of this
Agreement, such MOU(s) or other agrecment(s) will only be binding on the City upon signature
of the Cit„ Manage,. de .igue
'
During the term of the Agreement, the Parties may mutually agree to enter into
Memorandums of Understanding (MOUs) that do not change the terms and conditions of
employment and only interpret or apply existing provisions of this Agreement. To be effective,
such MOUs must be in writing and signed by the Union President and City Manager. Any MOU
that changes terrns or conditions of employment shall be subject to the collective bargaining
process under Florida Statutes, Chapter 447, Part II, before becoming effective. The Parties agree
to a sunset provision that begins at the ratification of this Agreement wherein any MOU that is not
included as a specific attachment to this Agreement shall be deemed null and void. MOUs,
grievance settlements and other agreements, etc. between the City and the Union executed on
behalf of the City by any person other than the City Manager or designee prior to the date of the
ratification of this Agreement are hereby deemed null and void.
� s9
For the City For the Union
Date: Oil ), b',3
#52051990 vl
ARTICLE 44
ACCIDENT PREVENTION COMMITTEE
44.1 All vehicular accidents involving a City vehicle will be reviewed at least once every
ninety (90) days 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 Prevention Committee shall, by
majority vote, determine whether the accident was preventable, non -preventable, or operational
based on the facts, and make a non -binding recommendation as to what remedial training and/or
corrective measures may be taken with regard to the driver of the vehicle involved in the accident.
Such non -binding recommendations shall be forwarded to the Solid Waste Director, but shall not
be admissible evidence in any arbitration proceeding. 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. Nothing in this Section shall
constitute a condition precedent to the Solid Waste Director's ability to discipline any employee.
The Solid Waste Director's failure to follow the non -binding recommendation of the Accident
Review Committee shall not be subject to the Grievance procedures.
For tie
Date:
Zb
92
For t e Union
ARTICLE 45
SENIORITY
45.1 Seniority.- for the purposes of this article is defined as the time in the employee's
classification
as a permanent bargaining unit employee of C4ty-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.
For the
Date:
tyi
For the Union
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 permanent bargaining unit employee of the City, 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 onc,
For the Ci
Date
7Y
year in. November.
d ( 1
89
For t e Union
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 won ratification,
at 12:00 a.m., October 1, 2020, exceptor 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, 20236.
46.2 On or before April 1, 20236 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, 202036, 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, 20236 be entered into
by the City a d the Uni n.
For the I ity
Date: 1 1 11