HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-11-0364
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00828 Final Action Date: 9/15/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY
OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA
PUBLIC EMPLOYEES COUNCIL 79, AFSCME, LOCAL 871, AFL-CIO, FOR THE
PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2013.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The collective bargaining agreement, between the City of Miami and the employee
organization known as the Florida Public Employees Council 79, AFSCME, Local 871, AFL-CIO, for
the period of October 1, 2010 through September 30, 2013, is ratified.
Section 2. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
Page 1 of 1 File Id: 11-00828 (Version: 1) Printed On: 10/1/2024
MEMORANDUM OF UNDERSTANDING
The AMERICAN FEDERATION OF STATE, COUNTY and MUNICIPAL EMPLOYEES, LOCAL 871 ("AFSCME
871") and THE CITY OF MIAMI ("The City") hereby enter this Memorandum of Understanding to
memorialize the Parties' agreement to settle and amicably resolve all outstanding legal matters and
litigation. Accordingly, the Parties' agree as follows:
1. Upon execution of this Memorandum of Understanding, AFSCME 871 agrees to dismiss with
prejudice Case No. CA-2010-145 pending before the Public Employees Relations Commission;
and
2. The City agrees to withdraw the Special Magistrate Hearing before Special Magistrate Martin
Soil, Case No. SM-2010-070 and scheduled for hearing on December 1, 2010, and not re -file it;
and
3. The Parties agree to bear their own costs and attorneys' fees incurred in these matters.
Agreed to this 30th Day ovember 2010.
Bann , squ
7 Deputy General Cg4sei, AFSCME 871
a n)S Jul
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Michael Mattimore, Equire
Chief Negotiator, City of Miami
MEMORANDUM OF UNDERSTANDING
The parties agree to execute articles on Wages, Pension and Group Insurance that reflect the
status quo except as modified by the City of Miami City Commission Legislation Resolution R-
10-0347.
Joe Simmons, Jr., President
AFSCME Local 871
3® IQ
Date
Michael Mattimore, Esq.
Chief Negotiator for City of Miami
///30/zo
Date
This Agreeinent,
tiV1vi1L' 1a1L' 1 \ 1
:red into this ( day of 4,10) between the City of
Miami (hereinafter referred to as the "City") and the Florida Public Employees Council 79,
AFSCME, AFL-CIO, Local 871, (hereinafter referred to as the "Union").
FOR AFSCME:
FOR 1'Hr. CITY OF MIANII:
1/(Gz -ke W
CeP -- - -am
MR MICHAEL MATflMORE, ESQ
CHIEF NEGOTIATOR
DA 1 LD:
7-i5-2oeo
MR/ JOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DATED:
-11)5)10 �-
I
//
MRS_ SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
,
DEPUTY GENERAL C SEL
DA 1 ED: /
PREAMBLE
WHEREAS,_ it is_the_ intention _of_the_parties _to__. set _forth _ herein__the_full_Agreement--______
between the parties concerning terms and conditions of employment which are within the scope
of negotiations:
NOW, THEREFORE, the parties do agree as follows:
FOR THE CITY OF MIAMI:
FOR AFSCME:
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naf L , (1,4,
MR MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR
DATED:
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MR! JOE SIMMONS,
PRESIDENT OF LOCAL
DA I'ED:
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MRS. SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
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DEPItJTY GENERAL COUNSEL
DATED: 7/ S//c)
C Article 1
RECOGNITION
1.1 The bargaining unit is as defined in the Certification issued by the Florida Public
Employees Relations Commission on November 1, 2000, (Certification No. 1304, Case No. EL-
2000-037, RC-2000-032,) which includes all the classifications listed in APPENDIX A of this
Agreement and excludes all classifications listed in APPENDIX B of this Agreement. Anny new
classifications will be added pursuant to Chapter 447-Florida Statute.
FOR .ram Cri Y OF MIAMI:
FOR AFSCMMME:
7�
MR. MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR
DATED:.
- /S- 2 D/ 0
MR. JOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DATED:
,
//
/Jk/4/ Pc- - - -
MRS. SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
M
DEP : GENERAL CO EL
DATED: 7//-> /C
Article 2
REPRESENTATION OF THE CITY
2.1 The City shall be represented by the City Manager, or designee, or the Labor
v i t m t r� ec+ f e B�ation. The City Manager or designee shall
_ _ _ _—_ _ _-- _ _•r _ -� o oor'—��r L%IIrp=o�r'c�-rcc-rc�u ii
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. Labor Relations/ Deputy Director of
Employee Relations.
FOR THE l.i 1 Y lir ivijiilvii:
FOR Al SC1'vi :
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Tar-Ultra-e-e ?GLz(-(.:,-/,...e.
MR MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR .
DATED:
7- /S-20/0
. MRY JOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DATED:
-7I i, to
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MRS. SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
MI(
DEPUTY GENERAL COUNSEL
DATED: -2 70°
Article 3
REPRESENTATION OF THE UNION
3.1. The bargaining unit shall be represented by a person or persons designated in writing to
Department of Employee Relations, Labor Relations Division 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
designee are the official representatives of the bargaining unit for the purpose of negotiating with
the City. Negotiations entered into with persons other than those as defined herein, regardless of
their position or association with the Union shall be deemed unauthorized and shall have no
weight or authority in committing or in any way obligating the Union or the City. The Union
President will notify the Department of Employee Relations, Labor Relations Division 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. For the
worked. Shift differe
3.3. The Union President or designee will be allowed to meet with bargaining unit members
in the assembly room during the one-half (1/2) hour prior to "work call" on the condition that the
Department of Solid Waste Director or his/her designee is advised one (1) working day prior to
Tentative Agreement - Date: s/672.D1O City: AFSCME 871:
the proposed meeting. The Bargaining Unit members have the right to meet with the Union
President or his designee on Union business at anytime 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 Director of the Department of Solid Waste or designee, nor shall they interfere with
Management's right to direct the workforce.
Tentative Agreement - Date- /6 /ZOl d City: AFSCME 871:
Article 4
MANAGEMENT RIGHTS
4.1. The Union agrees that the City has and will continue to retain, whether exercised or not, the sole
right to operate and manage its affairs in all respects; and the powers or authority which the City has not
specifically abridged, delegated or modified by the express provisions of this Agreement are retained by
the City.
The rights of the City, through its management officials, shall include, but shall not be limited to,
the right to determine the organization of City Government; to determine the purpose of each of its
constituent departments; to exercise control and discretion over the organization and efficiency of
operations of the City; to set standards for services to be offered: to the public; to direct the employees of
the City, including the right to assign work and overtime; to hire, examine, classify, promote, 'train or
retrain, transfer, assign or reassign (daily or weekly), and schedule employees in positions with the City;
to suspend, demote, discharge, or take other disciplinary action against employees for proper cause; to
increase, reduce, change, modify or alter the composition and size of the work force, including the right to
relieve employees from duties because of lack of work, funds, or a material change in the duties or
organization of a department; to determine the location, methods, means, and personnel by which
operations are to be conducted, including the right to determine whether goods or services are to be
provided or purchased: to establish, modify, combine or abolish job classifications; to change or eliminate
existing methods, equipment or facilities; and to establish, implement and maintain an effective internal
security program.
4.2. The City has the sole authority to determine the purpose and mission of the City, and to prepare
and submit budgets to be adopted by the City Commission.
4.3. Those inherent managerial functions, prerogatives and policy -making rights which the City has
not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly
or indirectly, subject to the Grievance Procedure contained herein.
Tentative Agreement - Date: 7 - I S-2 0/ D City: AFSCME 871:
Article 5
NO STRIKE
5.1. "Strike" means the concerted failure to report for duty, the concerted absence of employees from
their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted
abstinence in whole or in part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted course of conduct which
adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage,
either during the term of or after the expiration of a collective bargaining agreement.
5.2. Neither the Union, nor any of its officers, agents and members, nor any bargaining unit members,
covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy
strike, slowdown, sick-out, concerted stoppage of work, picketing in furtherance of a work stoppage, or
any other interruption of the operations of the City.
5.3. Each employee who holds a position with the Union occupies a position of special trust and
responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in
Chapter 447, Part II, of the Florida Statutes, and the Constitution of the State of Florida, Article I, Section
6. Accordingly, the Union, its officers, and other representatives agree that it is their continuing obligation
and responsibility to maintain compliance with this Article and the law, including their responsibility to
abide by the provisions of this Article and the law by remaining at work during any interruption which
may be initiated by others; and their responsibility, in event of breach of this Article or the law by other
employees and upon the request of the City, to encourage and direct employees violating this Article or
the law to return to work, and to disavow the strike.
5.4. Any or all employees who violate any provisions of the law prohibiting strikes or of this Article
may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be
grievable or arbitrable under the provisions of this Agreement or appealable to Civil Service.
Tentative Agreement - Date: 7 j23
City:
AFSCME 871:
Article 6
DUES CHECK OFF
6.1 During the term of this Agreement, the City agrees to deduct Union membership dues, if
any, in an amount established by the Union AFSCME Local 871 and certified in writing by an
accredited officer to the City from the pay of those employees in the certified bargaining unit
who individually make such request on a written check off authorization form provided by the
City. Such deduction will be made by the City when other payroll deductions are made and will
begin with the pay for the first full pay period following receipt of the authorization by the City.
The Union, AFSCME Local 871shall advise the City of any change in dues in writing at least
thirty (30) days prior to its effective date.
6.2 This Article applies only to the deduction of membership dues if any, and) shall not
apply to the collection of any Union fines, or penalties, or special assessments.
6.3 Deductions of dues, if any, shall be remitted by the City during the week following each
biweekly pay period to a duly authorized representative as designated in writing by the Union.
The City shall deduct from the remittance an amount for the rest of duµescheck off T 1,e amount
will be calculated at two ($.02) cents for each employee deduction, each payroll period, and
($.10) cents for each addition or deletion to the check off register.
6.4 In the event an employee's salary earnings within any pay period, after deductions for
withholding, Social Security, retirement, group health insurance, and other priority deductions,
are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for
that pay period directly from the employee.
6.5 Deductions. for Union dues shall continue until either: (1) revoked by the employee by
providing the City and the Union with thirty (30) days written notice that he/she is terminating
the prior check off authorization [the thirty (30) days notice shall commence on the day the dues
cancellation request is mailed by the City to the Union]; (2) the termination of the authorizing
employee, (3) the transfer, promotion, or demotion of the authorizing employee out of the
bargaining unit, or (4) unit decertification occurs.)
6.6 The Union shall indemnify, defend and hold the City, its officers, officials, agents and
employees harmless against any claim, demand, suit or liability monetary or otherwise, and for
all legal costs arising from any action taken or not taken by the City, its officials, agents and
employees in complying with this Article. The Union shall promptly refund to the City any
funds received in accordance with this Article which are in excess of the amount of dues which
the City has agreed to deduct.
6.7 The Dues Check off Authorization Foiui provided by the City shall be used by employees
who wish to initiate dues deduction.
FOR I'HE CITY OF MIANII:
FOR AFSCME:
6----)zte 41-2-_________,
(----)4,
MR MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR
DA I'ED:
7�15-.�U,a
MR. tfJOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DA I ED:
-�(t3,
;
-////t----2(
MRS..SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
Mk
DEPUTY GENERAL C SEL
DATED: 7// 3/7
Article 7
GRIEVANCE PROCEDURE
771 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. The parties agree that the City
+1, e a, e t. rf ,-n-th; m n+
77-2 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 grievanle under this Agreement
or the Civil Service Board. The grievance procedure set forth herein is only available to
permanent employees.
7.3 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 peiuuit 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
Tentative Agreement - Date: (l3 //0
City: g AFSCME 871: i/ �lij
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 thirty (30) days after the incident in question or knowledge thereof
7:4 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 foini 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.
73 The election of 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- 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 not advance to
the next higher step of the Grievance Procedure unless the Union advances the grievance.Time
limits can only be extended by mutual agreement of The Union and Department of Solid Waste
Director or the Director of Department of Employee Relations or designee. Such agreed to
extensions shall be followed up in writing.
Tentative Agreement - Date: 7-12-3 City:
AFSCME 871:
7,7 7.6 Grievances shall be processed in accordance with the following procedure:
Step 1.
The aggrieved employee shall discuss the grievance with the employee's immediate
supervisor outside the bargaining unit within seven (7) working days of the occurrence which
gave rise to the grievance. The Union representative shall be notified on all grievance
meeting(s). Failure of the Union representative to attend shall not preclude the meeting from
taking place.The immediate supervisor shall review the matter and shall (verbally) respond to the
employee within seven (7) working days.
Where a grievance is general in nature in that it applies to a number of employees having
the same issue to be decided, or if the grievance is directly between the Union and the City, it
shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided
for the submission of a grievance in Step 1 and signed by the aggrieved employees or the Union
representative on their behalf. The Election of Remedy form as provided in Section 7.4. of this
article shall be completed and attached to grievances presented directly at Step 3.Should such
Election of remedy not be filed, the Union and the member agree and understand, that the
grievance would be conclusively abandoned with no recourse or appeal to Civil Service.
Step 2.
If the grievance has not been satisfactorily resolved at Step 1, the Union may pursue the
grievance by a written appeal to the Department Director within seven (7) working days from the
time the Step 1 response was issued or due, (whichever occurs first). A facsimile transmittal is an
appropriate means of notice for processing the grievance pursuant to Article 7 throughout all
steps as long as it is followed up with hard copies and/ or originals 3 days before the hearing
Tentative Agreement - Date: 7-A3/8) City: AFSCME 871:
date. Otherwise the grievance and/ or administrative proceeding would be conclusively
abandoned.
The Department of Solid Waste Director shall meet with the Union representative and
shall respond in writing to the Union within seven (7) working days from receipt of the written
grievance.
Step 3.
If the grievance has not been satisfactorily resolved at Step 2, the Union may present a
written appeal to the Director of Department of Employee Relations or designee within seven (7)
working days from the time the Step 2 response was issued or due, (whichever occurs first). The
Director of Department of Employee. Relations or designee shall hold a grievance hearing
within seven (7) working days from receipt of written appeal with the Union representative and
shall respond in writing to the Union within (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 Department of Employee Relations Department no later than fifteen (15)
working days after the Director of Department of Employee Relations or designee's Step 3
response was issued or due, (whichever occurs first).
7,7 7.7 All grievances must be processed within the time limits herein provided unless
extended by mutual agreement in writing between the department and/or the Department of
Employee Relations Labor Relations Division and the Union. Any grievance not processed in
accordance with the time limits provided above shall be considered conclusively abandoned.
Tentative Agreement - Date: �(23 //0 City: AFSCME 871:
7,8 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 as agreed to by the parties. Any issue of timeliness of the grievance will be
addressed in a separate, arbitration to be held before the arbitration on the merits of the case.
The parties agree that the arbitrator who decided the timeliness issue will not be selected to hear
the case on the merits.
71 7.9 The arbitration shall be conducted under the rules set forth in this Agreement and
not under the rules of the American Arbitration Association or the Federal Mediation and
Conciliation Service as agreed to by the parties. Subject to the following, the arbitrator shall
have jurisdiction and authority to decide a grievance as defined in this Agreement. All issues of
arbitrability shall be decided by the arbitrator except as otherwise noted in this contract. The
arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or
supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall
have no authority to consider or rule upon any matter which is stated in this Agreement not to be
subject to arbitration or which is not a grievance as defined in this Agreement, or which is not
specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be
construed by an arbitrator to supersede applicable laws in existence at the time of signing this
Agreement.
7441 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.
Tentative Agreement - Date: 2 /C_ City: AFSCME 871:
7.11 7.11 It is contemplated that the City and the Union mutually agree in writing as to the
statement of the matter to be arbitrated prior to hearing; and if this is done, the arbitrator shall
confine their decision to the particular matter thus specified. In the event of failure of the parties
to so agree on a statement of issue to be submitted, the issue will be framed by the arbitrator at
the time of the hearing.
7.12 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 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 and shall be final and binding on both parties.
Tentative Agreement - Date: 7 (23 /(() City:
AFSCME 871:
Article 8
NOTICES
8.1 The City of Miami agrees to provide to the Union the following notices or bulletins: all
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 his designee determines would affect the teiiiis
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 Employee
Relations Labor Relations Division.
(STATUS QUO)
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MR. MICHAEL MATTIMORE, ESQ
CHIEF NEGOTIATOR
DA 1'ED:
7-/5-2•0/0
MR. 10E SIMMONS, JR
PRESIDENT OF LOCAL 871
DA LED:
'11ES/1.52-----,
MRS. SYLVIA N. CABALLERO,
ASSISTANT CITY ATTORNEY
DATED:
Mii
DE TY GENERAL COUNSEL
DATED: "7// )7 0
Article 9
ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL
9.1 Only one employee Union representative shall be allowed to attend regular meetings and
special meetings of the City Commission, the Civil Service Board, the Equal Employment
Opportunity Advisory Board and the Pension Plan Board on City time. Time off for the
employee Union representatives or any other bargaining unit employee to attend other meetings
will be in accordance with Section 9.2 of this Article.
9.2 A Union Time Pool is hereby authorized subject to the following:
A. Each fiscal year, the City agrees to provide a cumulative time pool bank of 3,000 hours
to be used in accordance with the provisions of this Article and any and all hours
heretofore shall be banked are to be considered rolled over at the end of each fiscal
year.
B. The Union President shall complete the appropriate City provided form to request
authorization from the Director of the Department of Solid Waste for an employee to use
time from the Time Pool. This form shall be signed by the Union President and
forwarded to the Director of the Department of Solid Waste for approval. The Director of
the Department of Solid Waste shall forward the approved form to the Supervisor of the
employee who is to use such time. The form must be processed so that a copy shall be in
the Office of the Department of Solid Waste Director a minimum of seven (7) calendar
days prior to the time the employee requests such leave. A copy shall also be forwarded
to the Department of Employee Relations, Labor Relations Division. 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 of Solid )aste
Tentative Agreement - Date: O 16 12. ° / 0 City: 7/tA ?in AFSCME 871
Director as to why the seven (7) day rule was not met, and copy the Department of
Employee Relations Labor Relations Division.
C. Employees shall be released from duty on pool time only if the needs of the service
permit, but such release shall not be unreasonably denied. If an employee cannot be
released at the time desired due to the needs of the Department of Solid Waste, the Union
may request an alternate employee be released from duty during the desired time.
D. Only one (1) bargaining unit employee shall be released to attend meetings requested by
the City unless management authorizes additional bargaining unit personnel.
E. In reporting an employee's absence as a result of utilizing the Union Time Pool, the daily
attendance record shall reflect: (Authorized Leave) "Employee Doe on AL."
F. Any injury received or any accident incurred by a bargaining unit member whose time is
being paid by the Union Time Pool, or while engaged in activities paid by the Union
Time Pool, shall not be considered a line -of -duty injury, nor shall such injury or accident
be considered to have been incurred in the course and scope of his employment by the
City of Miami within the meaning of Chapter 440, Florida Statutes, as amended.
G. Upon written request to the Department of Solid Waste Director, the employee Union
President, or designee, will be released for the teiiu of this Agreement from regularly
assigned duties for the City. The tennis 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 99 N.W. 183 Street, Suite 224, Miami, FL.
33169 or as may be otherwise advised in writing, for consultation with the
Management of the City of Miami. �A
Tentative Agreement - Date: g1(P 12 ° 10 City: // % AFSCME 871
2. As provided in Section 9.1 of this Article, only the employee Union
President or designee shall be released to attend meetings.
3. The Time Pool will be charged for all hours during which the employee
Union President is on off -duty release except that absence due to the use of
vacation leave, compensatory leave, or sick leave will be charged to the
employee's leave accounts. Employees conducting Union Business or attending
meetings shall have that time counted as hours worked for purposes of computing
overtime, or compensatory time.
9.3 All applicable laws, rules, regulations and/or orders shall apply to any person released
under the terms of this article. Violations of the above mentioned laws, rules, regulations and/or
orders may subject the employee to disciplinary actions.
9.4 The City reserves the right to rescind the provisions of this Article in the event any
portion of this Article is found to be illegal. Canceling the Article shall not preclude further
negotiations of future employee pool time.
Tentative Agreement - Date: 8i& /2-0/ 0 'City: -7(i{ AFSCME 871
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 9.2., of this
Agreement. However, if the meeting is canceled by the City Manager or designee, no charge
shall be made to the employee time pool.
FOR 1'HE CITY OF MIAMI:
FOR AFSCME:
MR MICHAEL MATTIMORE, ESQ
MR JOE SIMMONS, JR
PRESIDENT OF LOCAL 871
DATED:
1 3 1 I
CHIEF NEGOTIATOR
DA FED:
7-/5-2 0/�
/I//
MRS. SYLVIA N. CABALLERO,
MR.
ASSISTANT CITY ATTORNEY
DAI"ED:
DEPU GE RAL C SEL
DATED: 7/ j//C)
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 The Departmental Labor/Management Committee shall meet at least every two (2) months,
and such meetings shall be scheduled during normal business hours. The purpose of these
meetings will be to discuss health and safety issues, quality of work -life, productivity, service,
communication and objectives of mutual concern, not involving matters, which have been or are
the subject of collective bargaining between the parties. It is understood that these Departmental
Labor/Management Committee meetings shall not be used to renegotiate the labor agreement
between the City and the Union. All decisions made by the Departmental Labor/Management
Committee shall be by affirmative consensus and shall be forwarded as recommendations to the
Department of Solid Waste Director. The Department of Solid Waste Director will provide the
Union President and committee members with a written response outlining what actions will
be taken if any by the department to the issues that were discussed by the committee within
fifteen (15) working days unless the time is mutually extended by both parties.
144 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
Tentative Agreement - Date:04,/2 /0 City: 7t,(>17 AFSCME 871
Business Manager and the employee Union representative, and the City's Labor Relations
Officer. The minutes will also be made available at the Office of Labor Relations for review.
11.2 However anything related to, health and safety shall be prioritized.
Tentative Agreement - Date8412-0/0 City:
AFSCME 871:
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 the
ten (10) hours of compensatory
time for each annual period the driver is accident free. Accident free means that for this annual
period the employee has not been ruled to be at fault. Any pending rulings will delay receipt of
any award until that case has been resolved. The one (1) year annual period for measurement will
commence each October 1. Any hours awarded will be credited to the employee's compensatory
leave bank within two (2) weeks from the date the employee has not been ruled to be at fault for
an annual period
the next fiscal year for the operators who are accident free, providing there is no pending
determination of accident fault.
Definition of Regularly Scheduled means: Assigned to a city vehicle or equipment for a
period of 10 months within a Fiscal Year. Commencement of regularly scheduled assignment is
the actual day assigned to drive a vehicle or operate Department equipment. Vacation,
Compensatory and Holiday Time taken while assigned to driving a city vehicle or operating
Department equipment shall count as work assigned to the driving a city vehicle or operating
departmental equipment. However, Sick Leave, Disability, Illness of Family or working on
Union Business are not counted as assigned to driving a vehicle or operating Department
equipment.
12.2. All bargaining unit employee operating City vehicles shall have obtained the federally -
required commercial driver's license and endorsements as may be determined necessary by
Tentative Agreement - Date: 9.7 - i
City. % . + AFSCME 871:
Management. Bargaining unit employees operating motorized vehicles in the Solid Waste
Department shall have the required Florida Operator's License and/or endorsements in their
possession at all times. Should the employee not have in his/her possession upon inquiry by the
Department a valid license as required by the contract, he/she shall be disciplined.
12.3. Any employee whose driver license and/or endorsement(s) are revoked, suspended or
restricted in any way by the State of Florida shall notify his/her supervisor immediately. Should
the employee fail to notify the Department of a suspension, revocation, or restriction in writing
as required by this contract he/she shall be subject to discipline.
12.4. Any employee whose driver license is revoked or suspended will be allowed to use
vacation or compensatory time, or leave without pay for up to two weeks to correct the
suspension or revocation. If the suspension or revocation is not corrected within that time the
employee will be suspended without pay for a period of 30 days. If after the 30 days suspension
without pay, the driver license suspension(s) or revocation is not corrected, the employee will be
demoted to a non -driver classification if such a position is available. If no such position is
available, the employee will be separated from employment. Future opportunities of promotion
to a driver classification for the employee placed in a non - driver classification shall be in
accordance with Civil Service Rules and Regulations.
Employees who do not have a commercial driver's license and required endorsements
shall not be eligible to work out of class in driver classifications.
Tentative Agreement - Date: Q • 1 • I 0
CiAFSCME 871:
Article 13
BULLETIN BOARDS
13.1 13.1 The City will provide for the use of the Union a glass enclosed locking bulletin
board at the Solid Waste Department building. A key to the bulletin board will be kept by the
Department Head or his/her 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 13.2 Notices or announcements shall not contain anything political or reflecting
adversely on the City or any of its officers or employees; notices or announcements which
violate the provisions of this section shall not be posted. Notices or announcements posted must
be dated and must bear the signature of the Union President or designee. In the event any
material not comporting with this article is posted on the bulletin board, it shall be promptly
removed by a representative of the Union or a representative of the City.
Tentative Agreement - Date:
City:
Article 14
NO DISCRIMINATION
14.1. The City agrees to continue its policy of not discriminating against any employee because of age,
race, religion, national origin, Union membership, disability, sexual orientation or sex. Any claim of
discrimination by an employee against the City, its officials or representatives, shall not be grievable or
arbitrable under the provisions of ARTICLE 7 - GRIEVANCE PROCEDURE but shall be subject to the
method of review prescribed by law or by rules and regulations having the force and effect of law.
14.2. The Union shall not interfere with the right of employees covered by this Agreement to become
or refrain from becoming members of the Union, and the Union shall not discriminate against any such
employees because of membership or non membership in any employee organization.
Tentative Agreement - Date: (23 /2 10 City: AFSCME 871:
Article 14
NO DISCRIMINATION
14.1. The City agrees to continue its policy of not discriminating against any employee because of age,
race, religion, national origin, Union membership, disability, sexual orientation or sex. Any claim of
discrimination by an employee against the City, its officials or representatives, shall not be grievable or
arbitrable under the provisions of ARTICLE 7 = GRIEVANCE PROCEDURE but shall be subject to the
method of review prescribed by law or by rules and regulations having the force and effect of law.
14.2. The Union shall not interfere with the right of employees covered by this Agreement to become
or refrain from becoming members of the Union, and the Union shall not discriminate against any such
employees because of membership or non -membership in any employee organization.
Tentative Agreement - Date: 7//512Zv City:
AFSCME 871: n eq.
Article 15
PROBATIONARY PERIOD
15.1 All bargaining unit employees shall be required to serve (12) months of continuous
service in a probationary status commencing with the date of their appointment to any bargaining
unit classification.
15.2 , Probationary periods may be extended by the, Department of Solid Waste Director 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 Employee Relations or designee whose decision shall be
final and binding on the employee and the Department.
Tentative Agreement - Date./( 12_0 / 0 City:
AFSCME 871
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 make a
b
interview beyond 2 (two) hours 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 nr give the employee the r.hnic.e of either ending the meeting nr continuing without a
representative.
16.2. Investigatory interviews shall be conducted at a reasonable hour, preferably while the employee is
on duty, unless the seriousness of the investigation is of such degree that immediate action is required. If
the employee is to be interviewed outside his/her assigned work schedule, he/she shall be paid overtime in
accordance with Article 21 — Overtime/Compensatory Time/Call-Back.
16.3. At the commencement of the interview, the employee shall be advised of the subject matter of the
investigation, if he/she is a principal, and identify those parties making the allegations.
16.4. Interviews shall be for reasonable periods and shall allow for such personal necessities and rest
periods as are reasonably necessary.
16.5. In cases where it becomes necessary to immediately relieve a permanent, classified employee
covered by this Agreement, the employee shall be relieved of duty with pay pending the outcome of the
investigation. Proof of service of notification of discipline resulting from an investigation shall consist of
either: a) hand delivery to the employee, or b) certified mail delivery to the employee's last known
address on file with the Department of Solid Waste.
Tentative Agreement - Date: 123 City:
16.6. An appeal of any discharge or other disciplinary action, excluding oral or written reprimands will
be in accordance with Article 7.
16.7. Employees who have not attained permanent status in the classified service, or who are entrance
probationary employees, may not grieve disciplinary action under the provisions of this Agreement.
Permanent classified Civil Service employees who have been appointed to a promotional 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_R. Employees may he 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
Tentative Agreement - Date: 412-5 City:
AFSCME 871:
Articlel7
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 Definitions:
Instance — An absence from work of more than one consecutive work days for reasons of
non job related illness or injury, or family illness not excused under FMLA or any
absence without leave not authorized at least one work day in advance of the absence.
A physician ordered absence because of the employee's injury or acute illness or his
attending to serious injury or acute illness of any actual member of the employee's
household shall not be counted as an instance of absence provided the employee has
submitted proper documentation. Management in its sole discretion may require a
Doctor's statement from the employee verifying same. Failure to provide the Doctor's
verification within three (3) working days shall cause the absence to be counted as an
instance. The submitted doctor's statement shall verify the duration of time the physician
feels the illness disabled the employee from performing their work.
Tardiness — Reporting for work in excess of twelve (12) minutes beyond the scheduled
starting time of the shift. Employees who are tardy to work will be carried unauthorized
leave without pay in six (6) minute increments.
Annual Period — A twelve (12) month period beginning with the occurrence of the
.: c's first instance October 1st and ending. September 30th.
Tentative Agreement - Date: D /b /iofV City: AFSCME 871:
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
4th instance in annual period Written reprimand
5th instance in annual period Three (3) work day suspension w/o pay
6th instance in annual period One work week suspension w/o pay
7th instance in annual period Dismissal
17.4 Exceptions to the above schedules may be granted by the Department of Solid Waste
Director and the Director of Department of Employee Relations 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 of Solid Waste Director within five (5) working days of the
receipt of any related discipline by the employee.
Tentative Agreement - Date /b//-D/0
City:
AFSCME 871
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 by that employee to the City will 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.
Tentative Agreement - Date: $1(o / z 0/O City: e-f AFSCME 871:
Article 19
LAYOFF AND RECALL
19.1 Definition: Seniority shall mean the status attained by the length of continuous service
within existing permanent Civil Service classifications within the Department of Solid Waste.
19.2 Definition: Layoff shall mean the separation of employees from the permanent active
work force due to lack of work, funds, abolition of position or positions because of changes in
organization or other causes, however the parties agrees there will not be any layoffs of Local
871's bargaining unit employees from October 1. 2010 through September 30, 2012, and the
City will maintain Local 871's 195 bargaining unit positions for the duration of the current
Agreement.
19.3 In the event a pen 'anent 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 may deviate from seniority in layoffs or demotions
when seniority alone would result in retaining employees unable to maintain a satisfactory level
of service to the citizens when such deviation is recommended to and approved by the City
Manager). In such cases the Union will be advised of the determination and the reasons
therefore.
19.4 In the event an employee having permanent status in a Civil Service classification
covered by this Agreement is laid off, he or she shall have the option to bump the most junior
employee within a lower classification covered by this Agreement in which he or she held
permanent status.
19.5 For the term of this Agreement, should the City determine it requires additional personnel
in the Solid Waste Department, personnel on layoff will be given an opportunity to fill a position
City Proposal 11/30/2010
Tentative Agreement — Date: )(30 • 1,3 City. , A 871:
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.
City Proposal 11/30/2010
Tentative Agreement — Date: I I.3 i City 871:
Article 20
WAGES
20.1 The Union agrees with the City that there is a need to address the operational methods of
the Solid Waste Department, which may require a reorganization of the Solid Waste Department.
The reorganization will require implementation of staffing and operational changes in order to
increase the efficiency of the department and reduce costs of the Solid Waste Department. The
Union, its officers, agents, and members pledge their support in implementing such operational
changes or reorganization and the Union hereby waives all requirements of approval, and notice
of such covered by this agreement,
Effective the first full pay period following the dates indicated below, bargaining unit
employees will receive an across-the-board wage increase as follows;
October 1st, 2010 0%
April October 1st , 2-008 2011 3% Reopener
April Osteber-lst , 2009 2012 WI JZeopener
.c.
fall 'Vllallges 111 Jalary lul reasons of pWLLLvuu11, uculvuvIL 111G1JL ALlli1 GCLG,
anniversary increase, longevity 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 anniversary increases by the period of time
involved.
20.3. Bargaining unit members shall become eligible for step increases as specified below:
Step2-5%
Tentative Agreement —Date: / 2 . / 3• /0 City:( .AFSCME 871:
Step3 -5%
Step 4 — 5%
Step5-5%
Step 6 —5%
Step 7—
Step 8 - 2.5
The parties agree there will be no :step increases from 0eto'ber..1, 201.0..until September 30. 2011.
and will be.dctermined-by_reopener negotiations for fiscal years 2011-201.2.and 2012-2013..
20.4 20.4 Employees shall become eligible for longevity increases based upon their most
recent date of hire into the classified service; provided, however, that when the employee is not
in a full pay status, it shall cause the effective date of the increase to be deferred by the same
number of calendar _days embraced by said period of time. This provision shall apply. to
employees who attain ten (10), fifteen, .(15), sixteen (16), twenty (20), Twenty-one (21) or
Twenty-two (22) of continuous classified service.. The longevity, stipulated above is as follows:
10 years of continuous service - 5%
15 yeoro ofcontinuou service -SO/
..� > ....uv of continuous service ivy -✓ i v
16 years of continuous service - 2.5%
20 years of continuous service - 5 %
21 Years of continuous service - 5 %
22 Years of continuous service - 2,5%
Thee parties :agree there will be no .anniver.sary or longevity increases from October 1, 2010 until
,September 30.. 2011 and_will be determined. by =opener ner7otiations for fiscal years 2011-201:2
and 2012-2013.
Tentative Agreement —Date: (2,li/P City AFSCME 871
20.5 Any bargaining unit employee, upon normal retirement from City service, or separating
under honorable conditions, who has served. for a. period Di' twenty-five (25) years or more, shall
be granted, at the time of his/her normal retirement or honorable.separation one hundred seventy-
three and three tenths (1.73,3) hours:of pay,
Tentative Agreement = Date: /2' /3 'ra City AFSCME 871
Article 21
OVERTIME/COMPENSATORY TIME/CALL-IN
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 involved in Union
representation or labor-management activities shall not be considered as hours worked in
determining overtime eligibility.
21.2 Employees performing earned overtime work shall, at their discretion, be paid time and
one-half at their straight time hourly rate of pay or shall be given compensatory time at the rate
of time and one-half for such work. This overtime rate shall be all inclusive and no additional
compensation in the form of hourly differential, etc., shall be paid.
21.3 The maximum accumulation of compensatory time hours is two hundred (200) hours. If
an employee takes compensatory time off, the hours in his bank would be appropriately reduced
by such time off. If an employee leaves the service of the City and cashes in 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 assignments of overtime work shall rest solely with the
Department Head or his designee. Management will attempt to rotate overtime to eligible
persons by seniority within their respective classifications. A voluntary sign up list will be posted
for bargaining unit members to sign up for overtime. Management, by utilizing volunteers, does
not waive its rights to require overtime. Any questions regarding the classifications needed,
frequency, staffing, scheduling, emergencies, etc., will remain the sole prerogative of the
Department Head or his designee.
Tentative Agreement - Date:Fhp /20/O City: 7.("Orri AFSCME 871
21.6 The parties agree that assignment of overtime work is on an involuntary basis and any
employee refusing assignments of such work is subject to disciplinary action as deemed
appropriate by the Department Head.
21.7 Any permanent bargaining unit employee eligible for overtime shall, if recalled to duty
by Management during off -duty hours, receive a minimum of three (3) hours plus one (1) hour
travel time, paid at the overtime rate. The parties agree that call-back hours shall not be used in
the computation of average earnings for purposes of establishing pension benefits. An employee
out on ill time or worker's compensation will not receive call back pay for taking the required
physical before said employee may be released to return to work.
Tentative Agreement - Date: O /b/iO City: >1 AFSCME 871
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 of Solid Waste Director 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 of Solid Waste Director will assign a
mandatory vacation period equal to the employee's current accrual rate, not withstanding any
carryover time up to 440 200 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 of Solid Waste Director's approval. Such approval shall not be unreasonably
City Proposal 11/30/2010
Tentative Agreement — Date: ((• 30 • IDCit a •D 871: (1.4.)qt.
withheld. During the vacation year, employees may use additional vacation leave at the
discretion of the Department of Solid Waste Director.
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 two hundred (200) hours of the previous year's credited vacation. Any
excess vacation over the two hundred (200) hours allowed carryover shall be forfeited after
January 1st, and no exceptions to the maximum carryover allowance shall be permitted absent
the express written approval of the City Manager. Bargaining unit members with unused
accrued vacation hours in excess of two hundred (200) hours as of September 30, 2010. shall
have those hours in excess of two hundred (200) grandfathered. Employees who have been
carried on full disability the entire previous year shall be paid for all excess vacation over two
hundred (200) hours at the rate of pay the employee was earning at the time the employee was
placed on full disability. If an employee is unable to take a previously authorized vacation due to
cancellation by the Department Director or designee, any hours in excess of the two hundred
(200) hours which would have been forfeited shall be paid on or about January 1, at the
employee's hourly rate of pay. of the
previous year's credited vacation. Any excess-3,4eati-en-ever-the-1-5-0-heer-autematie carryover
shall be forfeited as of the last payroll p riod of the calendar year in which the
vacation was credited.
Employees who have been carried on full disability the entire previous year -shall be paid
f 11 + , 50 t t ate of pay the employee was earning at the time the
employee was placed on full disability. If an employee is unable to take a p Italy authorized
vaeatiewidue-t.e-eaneellation-by-his,ther-Dephettr-s-inexcess of the 153 ',leers which
City Proposal 11/30/2010
Tentative Agreement - Date: (/• 30.1 d City. u�.J 871:
option of resc b
be paid off as outlined above.
22.4 Vacation shall be accrued in accordance with the accrual schedule set forth Appendix C
to this Agreement, (Vacation Accrual by Annual Hours Accrual Code (EC-20, 22)).
Effective January 1, 1999-, all bargaining unit employees shall- ac-crue vacati-on at the same rate.
Vacation accrual shall be baseden the current vacation-sclhedule of bargaining unit employees on
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 of Solid Waste Director or
designee on an emergency basis. Should such request be denied, the employee may only appeal
such denial to the City Manager or designee. Except for where otherwise provided in this labor
agreement vacation leave .may not be used for illness. Upon an employee's retirement or
separation from City service, the employee will be paid for those vacation hours credited and
earned through the employee's separation date.
Vacation shall be calculated on actual service in the previous calendar year and shall,
only be taken after the completion of six months of actual continuous service.
22.6 In those instances where an employee requests payment of vacation hours as a result of
an emergency situation, such requests will only be considered upon submission of backup
City Proposal 1 1/30/2010
Tentative Agreement — Date: 11.30. do City 871
documentation. Approval for such payment will rest solely with the Director of Department of
Employee Relations or a designee of the City Manager.
22.7. Effective January 2003 vacation accrual -rates shall be increased by twelve (12) hours.
n
City Proposal 11/30/2010
Tentative Agreement — Date: UU. 3o • to City: O 871:
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[2] AFSCME 1907 employees hired on or after January 1, 1972 up through December 31, 1976 have a vacation accrual cap of 194 hours.
NOTE: AFSCME 1907 employees hired prior to January 1, '1972 have no vacation accrual cap.
i[3] FOP effective January 1, 1999. Bargaining unit members who have 29 years or more of service as of January 1, 1999 shall
continue to accrue by an additional four (4) hours per year.
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Article 23
SHIFT DIFFERENTIAL
23.1 A night shift differential of $.50 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.
Tentative Agreement - Date: 0/6 4-0/0 City: 7,I�-ef AFSCME 871:
ARTICLE 24
UNIFORMS, SHOES AND 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 safety shoes.
24.2. Employees shall report to work in complete uniforms that are properly fitting, clean and
neat, and free from tears, holes and stains. For each day an employee reports to work in a
uniform that is incomplete or in a condition not meeting the foregoing standard ("deficient
uniform"), or fails to wear required safety equipment, the Department of Solid Waste Director or
designee may discipline the employee.
24.3. In January of each year, each full time active duty employee shall be provided uniforms
at no expense to the employees as follows: four (4) shirts, (two (2) of which may be tee shirts of
a quality determined by management), four (4) pants or two (2) jumpsuits and two (2) pants, one
(1) cold weather jacket, a4 an initial issue of one (1) safety belt, and upon the employee's
request up to four (4) caps. if regularly assigned to a 1 10 schedule and up to five (5) caps, if
regularly assigned to a 5 8 schedule. In addition, as of October 1. 2010, each full time active
duty employee shall be provided one additional uniform at no expense to the employee as
follows: one (1) cap. one (1) short sleeve t-shirt. and one (1) pant. The cold weather jacket and
safety belt will be replaced every other year. Should an employee lose the issued safety belt, the
employee will be issued another safety belt and shall promptly reimburse the City the current
cost of the safety belt through payroll deduction over a period of four pay periods. New hires will
be provided uniforms within a reasonable time following their dates of hire and if hired on or
Tentative Agreement - Date: 0 ' 24 •1 D
after October 1st in any year, shall not receive a new allotment of uniforms until the second
January following their hire. Each uniform draw shall be recorded by the Supervisor and signed
for by each employee. Employees who are only working 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 of Solid Waste 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 a non- deficient
manner. If an employee fails to maintain his unifoini according to this standard, the Department
of Solid Waste Director or designee, may require the employee to purchase and wear
replacement uniform(s) at the employee's expense provided that upon request of the employee
and turn in of the item(s) any uniform shirts, pants or jumpsuit determined by the Department of
Solid Waste Director or designee, to be deficient for reasons beyond the employee's control
shall be replaced by the City at the City's expense.
24.6. Uniforms shall be worn by employees while on duty, at lunch during the employee's
work shift, or when traveling directly to or from work. Employees shall not engage in non -city
work related activity while in uniform.
24.7. Employees in those classifications determined by Management to require the wearing of
safety shoes who have not already received $ 75.00 voucher to purchase an initial pair of safety
shoes will be provided a $ 75.00 voucher for the purchase of an initial pair safety shoes.
24.8. When, due to wear and tear or accidental destruction, the Department of Solid Waste
Director or his designee determines a replacement pair of shoes is required, the City will give the
employee a voucher for $75.00 for the purchase of
Tentative Agreement - Date: '•2/0. ►0 City
r pair of safety shoes.dditxonal
AFSCME 871
$75.00 shall only be provided when the worn out or damaged pair of shoe is turned in to the
Department. The Department of Solid Waste Director, orhis designee, shall provide the
replacement of authorized 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 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 to 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 of Solid Waste Director or
his 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 resulted
in the loss, theft, or damage.
Tentative Agreement - Date: (?'iv • l® Ci
AFSCME 871
5)
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 terns and
conditions set forth below. Supplemental salary will be paid in the form of a continuation of the
bargaining unit member's regular paycheck as provided by Resolution No. 39802. This check will include
those indemnity payments provided for under the Workers' Compensation Law.
25.3 Employees shall be eligible for supplementary pay and workers' compensation pay to the extent
that the total of such benefits shall not exceed eighty (80) percent of the employee's weekly pay prior to
the line of duty injury, accident, or occupational disease. This benefit shall take effect only after the
employee has been disabled for a period in excess of seven (7) calendar days.
25.4 Unless extended as provided below, supplementary salary will be granted for a period not to
exceed 150 consecutive days from the date of covered accident, injury or illness. Such supplementary
1.._. be ex-tended
additionally 60 - .7__-_ ] of !'Ca-- S_-_____
salary may be eALG11UGu up w an a.UUi11U11Q11�' VU consecutive days LLUUU approval U1 the 1..1LV Ividu t e1' U1'
his designee. The 150 days begin when the bargaining unit member is actually placed on "D". If the
bargaining unit member is removed from "D," the non "D" time will not apply to the 150 days period
25.5 If an employee remains temporarily disabled beyond the period of time in which he is entitled to
collect the 80% supplementary pay benefits, he shall be entitled to supplementary pay equal to 2/3 "D"
payments for the additional period of his temporary disability pursuant to current practices.
25.6 If an employee becomes permanently and totally incapacitated for the further performance of the
duties of his/her classified position he/she shall petition the retirement board for retirement. The
Tentative Agreement - Date: 1 111 /I0 Ci AFSCME 871:
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 deteiltined by
the City Manager, shall fail to submit to the examination at the time specified, all City supplementary
salary benefits will be terminated.
25.8. Deductions:
In the event a bargaining unit member receives supplementary salary as referenced in this Article,
the City will make payroll deductions under the following terms and conditions:
Deductions required by law, "mandatory deductions," including, but not limited to, social
security, withholding and Medicare, will be made automatically to the supplemental salary portion only.
All non -mandatory deductions including, but not limited to, a bargaining unit member's pension
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
Cl- ii_bi_ The will make d tory and voluntary deductions
sufficient funds are then available. City Will not any non -mandatory' 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
1 The amount of the pension contribution shall be based on "earnable compensation" as define by Miami Code
Section 40-191
Tentative Agreement - Date: i It
CiAFSCME 871:
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.
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.
l j
1, Tentative Agreement - Date: < I-1 I t{ l D AFSCME 871 44.
Article 26
WORKING OUT OF CLASSIFICATION
26.1 The Department of Solid Waste Director, or designee in his/her sole discretion may
direct an employee to work in an acting capacity in a higher classification 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 enhancements and have satisfactorily
demonstrated acceptable work habits and job performance.
26.3 Once an employee is determined by the Department of Solid Waste Director or designee
to meet the criteria for working out of class 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 deteuiiined by Management, Any employee who has been suspended for either
vehicular accidents or absenteeism shall be ineligible to continue to 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 (6) six months and his/her performance appraisal is
considered satisfactory.
In order for an employee to receive working out of class pay, the employee must have been
temporarily assigned to one of the following particular classification for the specified period of
time:
Waste Collector Operator I
Waste Collector Operator II Q •
Tentative Agreement - Date: 0. Id Ci
30 work days
30 work days %-
AFSCME 871:[, I� .,
Waste Collector Operator II (Sweeper) 30 work days
Waste Equipment Operator 30 work days
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 employees who satisfactorily demonstrate acceptable work habits and job
perfoiiitance 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 class issues are only appealable through the grievance procedure and not the Civil Service
Board.
• Tentative Agreement - Date: 8 2G' /0 C
AFSCME 871:0
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, dated August 7, 1997) shall be immediately updated to
reflect descriptions of the current benefit Plan design and all plan benefits shall be those outlined
within the updated version of the employees benefits handbook and shall not be changed without
mutual agreement of the City and the Union. The updated and finalized SPD shall be provided
to the City's Plan Administrator (TPA) and the IPA will administer the Plan benefits in
accordance with the definitions and other language agreed to and contained in the SPD. The
SPD, in accordance with the Department of Labor requirements, shall be distributed to all current
and new participants of the Plan.
27.2. The City agrees to pay .$8,08 per eligible bargaining unit member per pay period to
the union within sixty (60) days or less after ratification upon termination of the existing life
insurance contract to provide life insurance coverage in the amount of $35,000.00 and accidental
death and dismemberment coverage in the amount of $70,000,0.0, The Union, as of February
2007, has secured a three year rate guarantee 'from the provider, Mutual of Omaha Insurance
Company. The Union agrees to continue to secure life insurance and accidental death and
dismemberment coverage for all the eligible bargaining unit members throughout the term of this
contract and agrees to provide policy and rate documentation to the City at the City's request,
27.3, Medical/Vision:
The City currently offers medical, dental, prescription drugs, and vision benefit plans
through a self -funded plan in which all bargaining unit members, upon obtaining eligibility, may
enroll, to wit:
Tentative Agreement —:Date: iZ: i Ci
Medical/Vision
Core HMO Cigna Network
Lem4IMG Cig Net f1
.Dual Choice/POS Cigna Network
Dental D?V1O
Dental DHMO
EAP Cigna Health Care
St�;ril:
Stanark Solstice
eed-t vee i-th ai ties-th ice there is minimal .pa3 `iip4i-a in the Lbw IiMO
i't z i iC•,�.;`1 '3don d a �1; � t� nin f.rIi n. eaF42OO8-.ari O -One- Zl ittcd o.
oll or re enrolz thc Lo 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, 2011, the City's medical plan
will consist of a e five tier program;
Single coverage
Single coverage + on spouse
Single coverage + child
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,
Tentative Agreement - Date: City:
AFSCME 871:
As of January 1, 2-0852011, (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 2,30-8 2011:
Gore-1
Sing1 $3 °=I 9-a amen
Single plus -one dependent $1-10,00 a month
Family $115.3 5 _a month
Dual Choice/POS Plan (costs of coverage shown bi-weekly):
• Employee
Single $57.99 a month
.City
$40.55 S197.97
Single plus spouse on:, dependent $180,00 a month $89.21 $435.54
Single plus child $75.01- S366.25
Single plus children $75.01 $366,25
Family $262.17 a month $115,56 S564,22
Or April 1, 2011. Group lnsu Dance for the 2011 - 2012 Fiscal Year lshall recipes. a_nd cis
. Pr l .I, 2012,.G.oup Insurance for; the 2012: — 2013 Fiscal.Ye.tr:slinll reope•7..
Plan Year 2009:
Core HMO
Single $63.01 a month
Single plus one dependent $141,78 a month
Family $17-6,'43 a menth
POS Plan
Tentative Agreement — Date:
City:
AFSCME 871
Single $95.68 a month
Single -plug -one -dependent $215.28 a month
Family :$280.00 a month
Plan Year 2010:
Core HMO
S g1449?:4-2-a- e
Single plus one dependent $207.91 a inenth
F ,., ily $2 5 Q 77 a ,,oath
POS Plan
Single $140.33 a month
S-male- -1 us-one-d endei t -00 a ::onth
Ffraa4 3-$32.0., 00 a meth
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:
Tentative Agreement — Date:. t 7I»{! a City:
AFSCME 871
C
The City currently offers a prescription drug benefit plan for those bargaining unit
members enrolled in HMO, Low HMO (only through December 31, 2007) and the Dual
Choice/POS plans, It is a self -funded plan administered by Cigna Health Care and consists of
the current benefit:
Cigna RXNetwork $1 generic'may
$?S-bpad co pay
Cigna Tel Drug tic co pay per script up to a 9.0 day stl-y�
Cigna Pharmacy Retail Drug Program:
$15 per 30-day supply for generic drugs
$40 per 30-day supply for preferred brand -name druas
$60 per 30-day supply for non -preferred brand -name druas
50% of <dru= cost per 30d-iy' supply for self-administered li recta? les f e.g: injectable
di-Lu s used to treat rho uthato d`arthritis. hepatitis C,:nmultiple sclerosis, asthma).
Cigna Tel -Drug Mail Order Drug Pro.aram:
$30 per 90-day supply for generic drugs
$80 per 90-day supply for preferred brand -name drugs
$120 per 90-day supply for non -preferred brand -name drugs
50% of di°u= cost per '90 day`.supply for elf admin!stcicd Inieetablcs (0;a; i !jeetablc:
dt'iias used to treat rheuinatoid .arthritis, hep-art,tis C, ;rt!1t9171e scle osls as`tu 1si).
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
'Tentative Agreement — Date: Wi/ Jto . _ City ;:`` .. AFSCME 871..
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 to of six. (6) City of Miami employees, one member appointed by the IAFF, one
member appointed by AFSCME 1907, one member from AFSCME 871, two members appointed
by the City Manager and one picked by mutual agreement of the Unions and City Manager. The
Group Benefits Coordinator shall serve as a technical advisor to the committee, but -will not be a
member nor have a vote. Based on this commitment and in collaboration with labor and
management, this Committee will work during the term of this contract to identify ways to
strengthen and improve our health plan. This will include, but is not limited to:
Obtain timely, accurate, and transparent reporting with full disclosure, of all costs from
our vendors.
Identify plan vendor administrative improvements and efficiencies that can have a
significant impact on reducing health expenditures and to ensure that our health plan vendors are
delivering maximum administrative savings.
Educate employees on better understanding and use of their health plan.
Tentative Agreement — Date:.;,2 j7 j 0 City;
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 frilly 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.
The Committee shall meet monthly or as soon as practicable to commence initiatives
outlined above.
27,5 Effective January 1 2012, the Union may texnlore the possibility of establishing
its own group insurance plan that -will consist of inedical, vrs on'. prescription: EAR, :and dental
coverage.
Tentative Agreement — Date: i-(J 7 t: City:
Article 28
HOLIDAYS
28.1 The following days shall be considered holidays:
New Year's Day Columbus Day
President's Day Veterans' Day
Memorial. Day Thanksgiving Day
Independence Day Friday after Thanksgiving
Labor Day Christmas Day
Dr. Martin Luther King, Jr.'s Birthday
28.2 Any additional holidays declared by official resolution of the City Commission shall be
added to the above list.
28.3 All full-time employees not on the Incentive Plan, performing work on any of the above
holidays, shall at their discretion be paid eight (8) 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 actual hours worked at t' ^ an o e half or shall be given
compensatory time at their straight time rate. of time and one half for the hours actually worked
on the holiday..; provided th + p' hall be , i st ightt LLL< 1fVY �^ ho ed to the
�N
Time Pool.
28.4 In order to be eligible for holiday pay, the employee must be in pay status the full
working day preceding and the full working day following the subject holiday.
Tentative Agreement - Date: Zs • LO Cit : A (, �'- AFSCME 871
28.5 k the G_arb., e Coll ., d tr,e Re cl „te
z�t .o��an
cimployees will receive the equivalea straight timo lus te„ (4m hours straight
time of holiday pay, for a tetal of twenty {28) hours cempensatien where eligible.The incentive
b
b
hours compensation.
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 RubbishTrash, recycling, and street cleaning Division shall
work on all holidays where employees assigned to the Garbage Division are working.
28.8 All holidays specified above shall be designated as non -working holidays unless the City
Manager or his/her designee determines otherwise.
Tentative Agreement - Date: e•2.0 • l0 CiAFSCME 871
Article 29
RESERVED
Tentative Agreement - Date: $7 ( Cit AFSCME 871:
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 outside the bargaining .
unit at his/her discretion or a management designee may visit the home of the employee on sick
leave with pay. In cases where Management suspects that an employee is malingering, sick leave
with pay shall not be granted.
30.2. Effective the first month following ratification of the labor agreement, bargaining unit
employees may accrue eight (8) hours sick leave per month, provided that the employee is in pay
status at least one hundred twenty (120) hours per month. Such sick leave is to be utilized in one
(1) hour increments.
30.3 To receive sick leave with pay, an employee must notify his/her immediate supervisor, or
other person designated by the Department to receive such notice, of illness within fifteen (15)
minutes prior to the time the bargaining unit member is scheduled for work. It shall be the
employee's responsibility to notify the department each day the employee will be out ill within
the time frames attained above.
30.4. Any employee absent on sick leave for more than three (3) consecutive work days must
check with the City Physician report to the Department of Human Resources Employee
Relations 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
City Proposal 11/30/2010
Tentative Agreement — Date: 11. 3D. (0
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 balances over seven hundred and
fifty (750) hours as of September 30, 2010, will have their balances in excess of seven hundred
and fifty (750) hours grandfathered. 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. Bargaining unit
members who accumulate sick leave credits in excess of four hundred eighty ('18-0) hours of sick
leave, pursuant to Section 30.2 of this Article, shall as of January 1 of each year, have one half of
the exces b
excess lea,"
vacation —leave bank at the employee's. option. If the employee does net elect to receive a cash
payment -of such balance by January 31 of each year, the sick leave balance will automatically be
credited to -his/her vacation leave bank.
30.7. Pay off 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 infouued of the
Department's intent to terminate the employee shall not receive compensation for unused sick
City Proposal 11/30/2010
Tentative Agreement — Date: I1 ' 7 °. )o City;
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.
City Proposid 11/30/2010
Tentative Agreement — Date: t' • 30 • to City:( 871
Article 31
BEREAVEMENT - DEATH IN FAMILY
31.1 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. The immediate family
is defined as father, mother, sister, brother, husband, wife, children, father-in-law, mother-in-law,
o-ranrdparentc spouse's arandparent.c 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) ormore years. Within thirty
(30) calendar days from the date the employee returns from a death in the family, the employee
will file a copy of the death certificate of the deceased family member. Said death certificate
will be attached to the form provided by the City and submitted to the Department of Employee
Relations, Labor Relations Division. Failure to produce the death certificate will result in the
employee reimbursing the City for any days taken under this Article. Any employee found to
have falsified his application for a Death in the family will be dismissed.
31.2 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
newspaper account showing the death and relationship of the deceased to the employee and/or
other appropriate supporting documentation, e.g. funeral home program, as deemed appropriate
by the Department of Employee Relations, Labor Relations Division.
Tentative Agreement - Date: 7(23 City:
Article 32
BLOOD DONORS
32.1 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.
Tentative Agreement - Date:
City:
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 his/her jurisdiction per day in the payroll period following the week in which the employee
was on Jury Duty.
Employees who serve as jurors for State and County Court shall not have Jury Duty fees
deducted for the first three (3) days of juror service. Employees who serve more than three (3)
days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to that
compensation paid to the employee by the State or County Court in their jurisdiction.
Any changes by the Courts in the above fees shall be reflected in the employee's
paycheck as they occur.
Tentative Agreement - Date:
City:
AFSCME 871.`
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
Tentative Agreement - Date: gill / 10 City:
Article 34
FAMILY LEAVE AND LEAVE WITHOUT PAY
34.1 34.1 Effective upon ratification 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 34,2 T Tpon approval of the Department Waste Solid Director, 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 maybe 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 of Solid Waste Director and approval of the City Manager
or designee.
Any bargaining unit employee requesting said leave of absence shall be required to
submit evidence of registrationupon 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
Tentative Agreement - Date: 7 City: AFSCME 871:
absence without pay is at the sole discretion of the City Manager or Director of Employee
Relations and shall not be appealable to the Civil Service Board or the grievance procedure.
34.3 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 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 34.5 The acceptance of another position or engaging in other employment by the
bargaining unit employee while on a leave of absence without pay shall be deemed a voluntary
resignation from the service of the City of Miami.
Tentative Agreement - Date:
AFSCME 871:
DEC. 6, 2010 12:15PM ASCME Region 5
N0, 6978 P. 2
Article 35
INCARCERATED EMPLOYEES
35.1. The following procedures shall apply to employees who have been arrested and/or
incarcerated:
1) Incarcerated employee must notify the Director of Solid Waste within tbxee
(3) days from the day of the incarceration,
2) When Management is mare 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, consultation with the
Union President, employee Union representative or his/her designee may
suspend the employee without pay until adjudication of the case.
5) If the employee wins his or her case, Management is not precluded from
reinstating the employee or taking administrative action arising out of the
arrest and trial consistent with applicable rules and regulations.
Tentative Agreement - Date: 9.7 1v Ci
AFSCIvfl 871:..
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 Rubbish Trash Collection Divisions may be placed on an
incentive basis whereby once the assigned route is completed and has been certified by the
Department of 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 study an incentive plan which will improve the current
incentive plan for the personnel assigned to the Trash division. On an annual basis, the Director
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 noiiiial assigned work day, the employees shall be required to complete
the route on the same day. There will be no call back pay if the employee has left the yard
pursuant to Article 21, Call Back Pay, of this Agreement Failure to complete the route in a
timely manner may result in disciplinary action. Failure to complete the route in a timely manner
may result in action.
36.3. Should the Department of Solid Waste Director 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 the Union.
Tentative Agreement - Date: ZO- I0 Cit AFSCME 871:
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.
Recycling Roll Call 7:00 a.m.
Garbage Roll Call 6:15 a.m.
Trash Roll Call 7:00 a.m.
Street Cleaning Division 10:00 p.m.
White Wings 644 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 the change of shift time, The Union president or designee
shall advise the Department of Solid Waste Director in writing. If the disagreement over the
schedule change isn't resolved, the dispute may be appealed through to the City Manager or
designee whose decision will be final and binding upon the parties. This decision will not be
subject to the grievance procedures contained herein or any other administrative review.
Tentative Agreement - Date: • 2-0 l 0 City AFSCME 871f
Article 37
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
37.1. In an effort to identify and eliminate on duty controlled substance/alcohol abuse,
urinalysis/evidential breath tests (evidential breath tests (EBT) shall be utilized solely for testing
alcohol content) shall be administered as provided herein:
A. To an employee or prospective employee as a part of a scheduled physical
examination.
B. To the driver of any City vehicle that is determined to be at fault of an accident
when operating City -owned equipment while on duty, or while driving on City
premises. .
C. If a driver, while on duty, operating City -owned equipment, is at fault for
damaging private or public property, then a management representative with the
classification of Sanitation Supervisor or above, must determine that there exist
reasonable belief, based upon objective factors, that the employee is under the
influence of alcohol.
D. Where a management representative with the classification of Sanitation
Supervisor or above has a reasonable belief based upon objective factors that the
employee(s) has possession or is using, dispensing or selling any illegal drug or
controlled substance not prescribed by a licensed physician.
E. Where a management representative with the classification of Sanitation
Supervisor or above has a reasonable belief, based upon objective factors, that the
employee is under the influence of alcohol on duty.
F. Randomly based on a pool of all employees.
City Proposal 11/30/2010 .�
Tentative Agreement — Date: 11- 70- 10 City 871:
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 any substance/alcohol test are positive, the bargaining
unit member shall no longer be eligible for administrative leave with pay and
shall be subject to discipline/discharge in accordance with Section 37.18. below.
37.2. All positive tests for a controlled substance will be confirmed by Gas
Chromatography/Mass Spectrometry (G.C.M.S.) or better testing.. When a sample is taken under
any of the above circumstances, a portion of the initial sample shall be retained for a second test
should either management or the employee request same. Testing procedures shall be performed
at a reliable state licensed clinical laboratory.
37.3. Employees shall give a urine sample (EBT for testing alcohol content) at either a
hospital or State accredited testing lab as chosen by the City. Tests by a laboratory other than a
laboratory selected by the City, as provided in this article shall not be permitted as evidence in
any arbitration or civil service hearing.
37.4. Management will notify the Union either by telephone, facsimile, or email prior to
an employee is to be tested.
37.5. If a drug tested employee wishes a second testing of the original sample taken, the
following procedures will apply:
A. The employee has twenty-four (24) hours after he or she or the Union is notified
of a positive drug test to request a second test of the remainder of the original sample. Said right
for the second test shall expire after twenty-four (24) hours.
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871:
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 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 is returned to work
as a result of a negative test, enters rehabilitation as provided herein or is disciplined or
discharged.
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Tentative Agreement — Date: I (• 3o. to City. 871:
37.10. The Union will be advised of passed or failed tests to the extent that the releasing
of such data is consistent with Federal or State laws, if the individual involved wants his test
results released to the Union.
REHABILITATION
37.11. In the event that the results of any substance/alcohol test are positive, the
following criteria 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.
City Proposal 11/30/2010
Tentative Agreement — Date: J) • 3D•)a City:
871: (-).fzii.
B. If relieved of duty, the employee will use all of his/hercompensatory 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.
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
City Proposal 1 1/30/2010
Tentative Agreement — Date: II- go. to City;
871:
c
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 Offense: Thirty (30) days suspension and ^ a tor., ehabil;tation
C. Third Offense: Dismissal.
DC. 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. If the An employee who is terminated for failure to meet the requirements of
rehabilitation as described herein, or who tests positive for a thir-€1 second offense for controlled
substance or alcohol during or after the rehabilitation period, shall have no appeal rights through
Civil Service, the grievance procedure or any other forum.
INITIAL TESTS - URINE
37.20. The initial testing shall use an immunoassay method which meets the requirements
of the Food and Drug Administration for commercial distribution.
City Proposal 11/30/2010
Tentative Agreement — Date: O 30. I a City 871
n
L
37.21. The .following cutoff concentrations shall be applicable to determine whether
specimens ate negative or PoSitiv& for the following drugs or classes'of drugs utilizing the initial
test proceduro:
Initial Test 'Level. fn
Cannabis '(Marijuana)
Metabolites 50
Cocaine Metabolites 300
Oplates-Metaboittes
Morphine 2000
Codeine 2000
the morphine :concentration
Is greaterthan or .equa..ilpa0:0:. jlOtpl):
Barbiturate S 300
3.,ppzoo.i.4zoopc?,, qpp.
Artootolipo..;
Ampheiamine loop
Metharnphetam inc TO.00=
)Y1014q.
MethyleneTdicmyhtetharnplietainine.
pmA).
NlethYleheciid0:041003-fam.
500
r Lur4Lppai knzOutiyu.v
.
(13.0ofies): .po
1)esigner pfugS::: lit less speoMetl with •:outo:ff.conccutraticn levets„: will bc.;.'etermi nod by
the Agen Cy'forilitaith Care _A din i Strat riS •.:(.4.1-ICA) if ,standardS:,exiStSii:ersiiiiiii tryft-thaarOs- if
n iSting Ai11cA.8141-04ds,
CONFIRMATORY TES 1 -
37.21 All 'SpeCiMeils identified :fiS ps tve:hyth:sb4.11,beCorifirme1 using gas.
cbromalography/mass spectrometrS/:;(0,c cicsims confirmation.:prOCedirs at
tht:1761.10-Witig entoff ConcentittiOn st4,01be-ttsed. For The follO9gdrOg:
Thntativc A gre&intht Date: '17,1rz to City :871.
c
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:
Cannabis (Marijuana)
Metabolites
Cocaine Metabolites
Opiates -Metabolites
Morphine
Codeine
6-Acetylmorphine (Test when
the morphine concentration
is greater than or equal to 2000 ng/ml)
Phencyclidine
Barbiturates
Initial Test Level (ng/ml)
50
300
2000
2000
25
300
Benzodiazepine 300
Amphetamines:
Amphetamine 1000
Methamphetamine 1000
Methaqualone 750
Methylene dioxymethamphetamine
(MDMA) (Ecstasy) 500
Methylenedi oxyamphetamine
(MDA/Ice) 500
Fiunitrazepam (Rohnyol)
(Roofies) 300
Designer Drugs: Unless specified with cutoff concentration levels, will be determined by
the Agency for Health Care Administrations (AHCA) if standards exists, or industry standards if
no existing AHCA standards.
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:
City Proposal 1 1 /30/2010
Tentative Agreement — Date: /1'3°-lo City: 8716) 60.,,
I ,hI f/1)
Confirmatory Test Level (ng/ml)
Cannabis (Marijuana)
Metabolite
20
37.23. For all other drugs listed below, the confirmatory test shall detect the confirmed
presence of the substance. The laboratory must be prepared to provide evidence from its quality
control program to prove its capability of detecting such substances.
Confirmatory Test Level (nghnl)
Cocaine Metabolites
Opiates Metabolites
Morphine
Codeine
6-Acetylmorphine (Test when the
morphine concentration is greater
than or equal to 2000 ng/ml
150
2000
2000
10
Phencyclidine 25
Amphetamines:
Amphetamine 500
Methamphetamine 500
Barbiturates 250
Benzodiazepine 250
Methaqualone 150
Methylenedioxymethamphetamine
(MDMA) (Ecstasy) 500
Methylenedioxyamphetamine
(MDA/Ice) 500
Flunitrazepam (Rohnyol)
(Roofies) 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.
City Proposal 11/30/2010
Tentative Agreement — Date: ll • 30 .lv
City
871:
37.24. Proper chain of custody controls shall always be enforced during drug/alcohol
testing. Authorized technicians shall sign the chain of custody form and be responsible for each
urine specimen to be tested. The laboratory shall include sufficient safeguards to ensure that
unauthorized personnel are prevented from gaining access to the laboratory.
City Proposal 11/30/2010
Tentative Agreement — Date: LI.30• to City. 871:
i f I : LO 1 /...100 Si ✓t,. vut c tnyy
mil?
ARTICLE 38
PREVAILING BENEFITS
/7:1. Job benefits heretofore authorized by the City Manager continuously enjoyed by all
employees covered by this Agreement, and not specifically provided for or abridged by this
3/Agreement, shall continue upon the conditions by which they had been previously granted.
`" - Provided, however, nothing in this Agreement shall obligate the City to continue
practices or methods which are unsafe, obsolete, inefficient or uneconomical. Disputes over the
application of this Section may be subject to the Grievance Procedure.
If the City desires to change such job benefits, the matter shall be negotiated between the
City and the Union in accordance with Chapter 447, Part II, Florida Statutes.
City Proposal 11/30/20l 0
Tentative Agreement — Date: lt' 30• tCity. 871:
Article 39
ENTIRE AGREEMENT
39.1 This Agreement, upon ratification, constitutes the complete and entire Agreement
between the parties, and concludes collective bargaining for its term.
39.2 The parties acknowledge that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the City and the Union for the duration of
this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the
other shall not be obligated to bargain collectively with respect to any subject or matter referred
to, or covered, in this Agreement, or with respect to any subject or matter not specifically
referred to, or covered, in this Agreement, even though such subjects or matters may not have
been within the knowledge or contemplation of either (or both of the parties at the time they
negotiated or signed this Agreement.
39.3 Such Agreement precludes the initiation by the Union of any municipal legislation which
would result in the alteration or cost increase of the benefits agreed to in this Collective
Bargaining Agreement or to increase the cost of other employee benefits not specifically
provided for in this Collective Bargaining Agreement.
City Proposal 11/30/2010
Tentative i\ reement— Date: 11• 30-to City:871:
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
u es
V
40.2 Notwithstanding any other provisions of this Agreement, the employer may#ake all
actions necessary to comply with the Americans with Disabilities Act.
Tentative Agreement - Date: r-j •7.1 ' C
AFSCME 871:
Article 41
TUITION REIMBURSEMENT
41.1. Effective January 1, 2002, The Educational Reimbursement Program will be enhanced
to encourage City employees to improve job performance and increase career mobility with the
City by pursuing courses of study at Miami Dade County 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 and the City Manager so as to insure
increasing on-the-job effectiveness of City employees. The educational reimbursement program
shall not be subject to budgetary constraints.
41.2. Any full-time, permanent City employee shall be eligible to participate in the
Educational Reimbursement Program.
41.3. All course work must be taken at or from an accredited college, university, or educational
institution approved by the City Manager or designee the Labor Relations Officer. 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 the Director of Department of
Labor Relations or designee.
41.4. Reimbursement will be limited to books, lab fees, and tuition costs_up to a maximum of
$800 per semester, not to exceed two semesters 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:
Tentative Agreement - Date // /) City' �!1 # �AFSCME 871:
i1
A. The employee must obtain three (3) copies of the Application for Tuition
Reimbursement form for each course from hisdepartment or the Department of
Employee Relations, Labor Relations Division.
B. The employee must complete the application in triplicate and submit it to
his department director prior to registration at the education institution.
C. The Department of Solid Waste Director will then review the application
and if approved forward the original and one copy to the Department of Employee
Relations, Labor Relations Division. If the application is disapproved, it is then
returned to the employee by the Department of Solid Waste Director.
D. The Employee Relations Department has the authority to approve or
disapprove the application, and applications not approved will be returned to the
Department of Solid Waste Director with the reason for rejection noted thereon.
41.7. 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 his termination from the City through a deduction from his final paycheck and/or leave
balance accounts.
41.8. Upon completion of the course work, the employee must submit his semester grade report
together with the book, lab, and tuition fee receipts to his Department of Solid Waste Director.
The Department of Solid Waste Director will submit the approved application for educational
reimbursement along with the employee's semester grade report to the Finance Department who
shall then reimburse the employee for the City's share of the educational reimbursement. The
Tentative Agreement - Date:
AFSCME 871:
employee's Department Director will advise the Department of Employee Relations, Labor
Relations Division of the employee's satisfactory completion of the course.
Tentative Agreement - Date:
City
ARTICLE 42
PENSION
The parties agree that the GESE Retirement Plan as attended by Ordinance 13203 (attached
'hereto as Appendix D) shall apply to bargaining unit members for the term of this agreement. On
April 1, 2011, 'this Article, shall reopen for The 2011 — '2012. Fiscal Year, and on April 1 2012,
this Article shall reopen for the 2012-2013 F1se0.1 Year,
Tentative Agreement — Dater, 17. ' t City; eiltZ APSCIvIE 871:
APPENDIX D
City of Miami
Legislation
Ordinance: 13203
:pity H38
af' O Pan 1 ''nKr rr
iA13m?, fL 3"a 1's3
F8c lirmixr: 10-4103 FicAl Ack Date: 912-12414
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40,
ARTICLE IV, DIVISION 3 'ENTITLED 'PERSONNELiPENSIQN.AND RETIREMENT
'PLAN/CITY OF MIAMI GENERAL EMPt,QYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST', MORE PARTICULARLY'BY AMENDING SECTIONS
4Q•241, 40-246 At46 4o-25S WAKING CHANGES To THE NORMAL RETIREMENT
DATE, BENEFIT FORMULA, MAXIMUM BE.NEF1T NORMAL BENEFIT FORM,
AND AVERAGE FINAL COMPENSATION; CONTAINING A SEVEMBILITY
CLAUSE AND PROVIONG FOR AN:IMME17tATE EFFEC'iTWVE.-PATE.
WHEREAS, :pursuant .to Sei,Lu: 447,409S, tile Mqami City Commission, on August 31, 2010, mode
ahengae iA c rteln wAlges, helakhcere.and pension benefits stfieCfive`September 30, 2010, In the
coilectIve bargaining agreement L>etween the City of.Mia.mi and Miami Geri mt EmpIviiees, Arnerirxn
Federation of Slate, County and Municipal Employees, Lots; 1907, AFL-CIO and the Florida Public
Employees' Countt 79, AFSCME, AFL -CFO., Loin 871;
NOW, THEREFORE, EE IT ORDAINED BY THE COMMISSION OF THE CITY OF ML4MI,
FLORIDA;
8eation 1. Ttfe re Jtals acid findings contained in the PTamt4 io this Ordnance we adopted by
reference end- incorpornlsd es If fury se fodh in this Section.
Section 2, C1- ptar 49IA3cFe tWDiulal•n 3 Of_tha Coat Otte City of Miami, Florida, as amended,
Is emended in the foFawtrg particulars:{1)
'CHAPTER 40
PERSONNEL
ARTICLE iV. PENSION ANO FLETlRFM NT PLAN
DIVISION, 3. CITYOF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
R:ETIREM-NT TRUST
Scc.40-241. De' ift1ona,
City trifiaali
1•nl+J gfJ3
Zit• 14 1} hick! O f/J rAlf
Tentative Agreement — Date;::12' � 0 City;: ;AFSCME 871
ARTICLE 43
MEMORANDUM OF UNDERSTANDING
43.1. Effective the date of this Agreement is ratified by the parties, should the City and
Union desire to enter into one or more MOU(s) or similar agreement(s) during the life of this
Agreement, such MOU(s) or other agreement(s) will only be binding on the City upon the
signature of the City Manager or designee. provided that last chance agreements will be binding
t„re oFthe Director ,f E ,r l yee Ref t or,s or des;g e0
ll1J V11 Jlb 1KLK1V Vl L11V L1I VVLVl Vl L1111TLV�V
Tentative Agreement - Date:
City:
AFSCME 871:C
ARTICLE 44
ACCIDENT REVIEW COMMITTEE
44.1. All accidents involving a City vehicle will be reviewed by the Accident Review
Committee. The Review committee is comprised of the following five (5) committee members:
The Department of Solid Waste Director or designee, the City's Safety Officer or Risk
Management Director, Solid Waste Safety Officer, the Union President and another Union
member. The Accident Review Committee shall develop objective standards andcriteria for
deteiniining whether an accident was preventable, non -preventable, or operational based on the
facts.
44.2. Following review of the accident, the Accident Review Committee shall, by majority
vote, determine whether the accident was preventable, non -preventable, or operational based on
the facts. If the committee 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.
Tentative Agreement - Date: 8 11 a City:
AFSCME 871
ARTICLE 45
SENIORITY
45.1. Seniority, for the purposes of this article, is defined as the original date of hire with the
City as a bargaining unit employee of AFSCME Local 871.
45.2. Seniority shall be a factor in shift assignments,promotions, and in the assignment of days
off within various divisions within Solid Waste.
Tentative Agreement - Date: q• 7• 10 Ci
AFSCME 871:
3:1
r 0I1'1)% Ta.Ctm51.tttin
.J
TERM OF AGREEMENT
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 t1- ; Agreement and authorizing the City Manager to sign the Agreement on behalf of
the City, unless otherwise agreed to by the parties, then the Agreement, upon being signed by the
appropriate Union representatives and the City Manager, shall become effective at 12:00 a.m.,
October 1. �7 2010, or as otherwise provided in this Agreement, whichever date is later. The
Agreement shall continue in full force and effect until 11:59 p.m., September 30, 20-1-0 2013. On
April 1. 2011. each party may reopen Wages, Pension and Group Insurance for the 2011 — 2012.
Fiscal Year. and on April 1, 2012, each party may reopen Wages, Pension and Group Insurance
for the 2012 — 2013 Fiscal Year.
,452 On or before April 1, 2010 2013, 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.
n or before May 1, 29-1-0 2013, the parties shall present each other with a list of
proposals desires to negotiate, together with the specific language describing its proposals.
�0 4�i4 i�.aial discussions shall thereafter, and no later than June 1, 201-0 2013, be entered into
by the City and the Union.
AGREED to this 3 0-41 day of o v e, b _ 2002 2010 and between the respective
parties through an authorized representative or representatives, of the Union and by the City
Manager.
City Propcsr,I 11/30/2010
Tentative Agreement Date: ) ( 3 °' 1P C
871:
City of Miami
Resolution R-24-0147
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15721 Final Action Date: 4/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE
MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, FOR THE
PERIOD OF OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The collective bargaining agreement, between the City of Miami and the
employee organization known as the Miami General Employees American Federation of State,
County, and Municipal Employees Local 1907, AFL-CIO, for the period of October 1, 2023
through September 30, 2026, is approved subject to ratification by the respective union.
Section 2. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity a ttor
ey ) 412/2024
City of Miami Page 1 of 1 File ID: 15721 (Revision:) Printed On: 10/1/2024
AG
F.
EEMENT
ETWEEN
CITY OF MIAMI, MIAMI, FIFO Fa IIDA
AND
MIAMI GENERAL EMPLOYEES
AME
LL
ICAN FEDE
TION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES
LOCAL 1907, AFL=CI®
October 1, 2023 __ September 30, 2026
TABLE OF CONTENTS
Page
Agreement 1
Preamble 2
Article 1 Recognition 3
Article 2 Representation of the City 4
Article 3 Representation of the UNION 5
Article 4 Management Rights 7
Article 5 No Strike 10
Article 6 Discrimination 12
Article 7 Prevailing Benefits 13
Article 8 Attendance At Meetings/UNION Time Pool 14
Article 9 UNION Stewards 18
Article 10 Contract Distribution 20
Article 11 Notices 21
Article 12 Bulletin Boards 22
Article 13 Dues Check off 23
Article 14 Grievance Procedure 25
Article 15 Employees' Bill of Rights 31
Article 16 Disciplinary Procedures 32
Article 17 Loss of Employment 34
Article 18 Employee Evaluation 37
Article 19 Anniversary Increase 39
Article 20 Employees Acting Within the Scope of Authority 41
Article 21 Working Out of Classification 42
Article 22 Rest/Lunch Periods 44
Article 23 Line of Duty Injuries 45
Article 24 Wages 50
Article 25 Pay Supplements 53
Article 26 Salary Basis/Exempt 57
Article 27 Overtime/Compensatory Time 58
Article 28 Group Insurance 61
Article 29 Uniforms and Safety Shoes 68
Article 30 Tool Allowance 70
Article 31 Tuition Reimbursement 72
Article 32 Call Back Pay 75
Article 33 Jury Duty/Court Appearance 76
Article 34 Commendation Paid Leave 78
Article 35 Parking 79
Article 36 Blood Donors 80
Article 37 Vacation 81
Article 38 Security Operations 84
Article 39 Sick Leave 85
Article 40 Tardiness 90
Article 41 Family Medical Leave and Leave Without Pay 92
Article 42 Labor/Management Partnership Committees 95
Article 43 Bereavement - Death in Family 96
Article 44 Military Leave 97
Article 45 Holidays 98
Article 46 Promotions 100
Article 47 Residency 101
Article 48 Total Agreement 102
Article 49 Savings Clause 103
Article 50 Seniority 104
Article 51 Leave Balance Payoffs 105
Article 52 Pension 106
Article 53 Term of Agreement 110
Article 54 Health and Safety 112
Appendix A 116
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of Chapter 447,
Florida Statutes, as amended, the City recognizes the UNION as the exclusive bargaining
representative for all employees included in the bargaining unit.
1.2 The bargaining unit is as defined in presently filed Certification issued by the
Florida Public Employees Relations Commission initially certified on June 6, 1978, Certification
#408, which includes all the classifications listed in APPENDIX A of the Agreement.
1.3 The City shall promptly notify the UNION in writing of any newly created
classifications within the City. The City shall also provide the Union with copies of requests for
audits of any bargaining unit positions when they are requested.
1.4 If there is a dispute between the parties regarding the inclusion or exclusion of
any classifications within the bargaining unit, the issue shall be settled in accordance with State
law.
Tentatively Agreed to by:
AFSCME Local 1907 City o
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 2
REPRESENTATION OF THE CITY
2.1 The City shall be represented by the City Manager, the Director of Human
Resources or a person or persons designated in writing to the UNION by the City Manager. The
City Manager and the Director of Human Resources or designee shall have sole authority to
execute an Agreement on behalf of the City subject to ratification by an official resolution of the
City Commission.
2.2 It is understood that the City Representative or Representatives are the official
representatives of the City for the purpose of negotiating with the UNION. Negotiations entered
into with persons other than those as defined herein, regardless of their position or association
with the City, shall be deemed unauthorized and shall have no weight of authority in
committing or in any way obligating the City.
Tentatively Agreed to by:
AFSCME Local 1907
2
ARTICLE 3
REPRESENTATION OF THE UNION
3.1 The UNION shall be represented by the President of the UNION, or by a person
designated in writing to the City Manager, the Director of Human Resources or designee by the President
of the UNION. The identification of representatives shall be made each year at least fifteen (15) calendar
days prior to April lst. Said designation shall be accompanied by an affidavit executed by said President
that the UNION has complied with all requirements of State law in effect at that time with respect to
registration of the UNION.
3.2 The President of the UNION, or the person designated by said President, shall have full
authority to conclude an agreement on behalf of the UNION subject to ratification. It is understood that
the UNION representative is the official representative of the UNION for the purpose of negotiating with
the City. Negotiations entered into with persons other than those as defined herein, regardless of their
position or association with the UNION, shall be deemed unauthorized and shall have no weight of
authority in committing or in any way obligating the UNION.
It shall be the responsibility of the UNION to notify the City Manager or the Director of Human Resources
in writing of any changes in the designation of the President of the UNION or of any certified
representative of the UNION.
3.3 The UNION may be represented at negotiation sessions by not more than four (4)
designated employee representatives. The four (4) employee representatives may be permitted to attend
negotiation sessions on duty with no loss of pay or emoluments except that if one of the four (4) employee
representatives is the UNION President on full-time release in accordance with the terms of Article 8,
Attendance at Meetings/UNION Time Pool, then only three (3) employees may be released from duty with
no loss of pay or emoluments. If two (2) of the four (4) employee representatives are the UNION President
and the full-time release designee, then only two (2) employee may be released from duty with no loss of
pay or emoluments.
For the Cib
Date:
17
For the Union
ARTICLE 4
MANAGEMENT RIGHTS
4.1 The City has and will continue to retain, whether exercised or not, the right to operate and
manage its affairs in all respects, and the powers and authority not abridged, delegated or modified by
the express provisions of this Agreement or in any Memorandum of Understanding(s) (MOU) that is
incorporated in this agreement and attached hereto or referred to herein, in addition to any MOU entered
into during the term of this agreement. AFSCME, Local 1907 and the City retain the right to bring forth
additional MOUs which were entered into by both parties and incorporate them as part of the agreement
after notification of the respective party (AFSCME, Local 1907/City Manager or designee) who will
confirm the authenticity of the MOUs. Otherwise, any changes of terms and conditions of employment
shall not be recognized. Any future MOU that amends the collective bargaining agreement shall be
subject to Florida Statute, Chapter 447, Part II.
The parties agree to a sunset provision that begins at the ratification of this labor agreement
wherein any MOU that is not included with the labor agreement will be considered null and void.
The rights of the City, through its management officials, shall include, but shall not be limited
to, the right to determine the organization of City Government; to determine the purpose of each of its
constituent departments; to exercise control and discretion over the organization and operations of the
City; to set standards for service to be offered to the public; to direct the employees, including the right to
assign work and overtime; to hire, examine, classify, promote, train, transfer, assign, and schedule
employees; to change employee's 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 or funds or for other legitimate reasons; to determine
the location, methods, means, and personnel by which operations are to be conducted, including the right
to determine whether goods or services are to be made or purchased; to establish, modify, combine or
abolish positions; to change or eliminate existing methods of operation, equipment or facilities; and to
establish rules, regulations and rules of conduct.
With regard to changing employees' work schedules, the City agrees to give the Union and the
affected employees at least thirty (30) days written notice of the proposed change and to take into
consideration, and make a good faith effort to accommodate, any undue hardship (medical or otherwise)
that the schedule change may impose upon the employee. The failure to accommodate such alleged undue
hardship shall not be subject to the Grievance procedures, so long as the City complies with State and
Federal laws. The City also agrees to convene a Labor Management Meeting with the Union (if the Union
so requests in writing) during those thirty days. Further, whenever a change affects a classification that
is assigned to work on more than one shift, the City shall allow employees to bid for shifts by classification
seniority and shall notify employees of their assigned shifts at least thirty (30) days prior to
implementation of the change. Re -bids shall be once every October.
4.2 The City has the sole authority to determine the purpose and mission of the City, to prepare
and submit budgets to be adopted by the City Commission. This shall not prohibit the UNION from
expressing its views to the legislative body at the public budget hearing.
4.3 If the City fails to exercise any one or more of the above functions from time to
time, this will not be deemed a waiver of the City's right to exercise any or all of such functions.
This provision will in no way alter or diminish the rights afforded by Article 7, Prevailing
Benefits.
4.4 Those inherent managerial functions, prerogatives and policy -making rights which the City
has not expressly modified or restricted by a specific provision in this Agreement are not in any way,
directly or indirectly, subject to the Grievance Procedure contained in this agreement.
4.5 Delivery of municipal services in the most efficient, effective and courteous manner is of
paramount importance to the City of Miami. Such achievement is recognized to be a mutual obligation of
both parties within their respective roles and responsibilities.
Date;
4.6 The City retains the right to establish, and from time to time to amend, rules and
regulations not i •nflict with this Agreement.
For the City
D3— —ozoa
cs_ akp
17
For the Union
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 5
NO STRIKE
5.1 "Strike" means the concerted failure to report for duty, the concerted absence of
employees from their positions, the concerted abstinence in whole or in part by any group of
employees from the full and faithful performance of their duties of employment with the City,
participation in a deliberate and concerted course of conduct which adversely affects the services
of the City, picketing or demonstrating in furtherance of a work stoppage, either during the
term of or after the expiration of a collective bargaining agreement.
5.2 Neither the UNION nor any of its officers, agents, and members, nor any UNION
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone
any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing in
furtherance of any of those acts or any other interruption of the operations of the City.
5.3 Each bargaining unit member who holds a position with the UNION occupies a
position of special trust and responsibility in maintaining and bringing about compliance with
this Article and the strike prohibition in F.S. 447.505 and the Constitution of the State of
Florida, Article I, Section 6. Accordingly, the UNION, its officers, stewards and other
representatives agree that it is their continuing obligation and responsibility to maintain
compliance with this Article and the law, including their responsibility to abide by the
provisions of this Article and the law by remaining at work during any interruption which may
be initiated by others; and their responsibility, in event of breach of this Article or the law by
other employees and upon the request of the City, to encourage and direct bargaining unit
8
member violating this Article or the law to return to work, and to disavow the strike publicly.
5.4 Any or all employees who violate any provision of the law prohibiting strikes or
of this Article may be dismissed or otherwise disciplined by the City, and any such action by the
City shall be appealable to the Civil Service Board.
Tentatively Agreed to by:
AFSCME Local 1907 City ofMiami
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
OCTOBER 24, 2023
ARTICLE 6
DISCRIMINATION
6.1 The City and the UNION agree that the provisions of this Agreement shall
be applied equally to all employees in the bargaining unit without discrimination as to
age, sex, marital status, race, color, creed, national origin, religion, disability, sexual
orientation, or political affiliation.
6.2 The City agrees not to interfere with the right of the employees to join or
not join the UNION, and there shall be no discrimination, interference, restraint or
coercion by the City or the UNION because of UNION membership or non -union
membership.
6.3 The UNION recognizes its responsibilities as bargaining agent and
agrees to represent all employees in the bargaining unit without discrimination,
interference, restraint or coercion.
6.4 Any claim of alleging discrimination, harassment or a hostile work
environment under State or Federal law, including but not limited to a claim alleging a
violation of the ADA, by an employee against the City, its officials or representatives,
other than a claim of discrimination in violation of section 6.2, shall not be grievable or
arbitrable under the provisions of Article 14 - Grievance Procedure, but shall be subject
to the method of review prescribed by law or rules and regulations having the force and
effect of law.
A complaint may be filed with the City's E.E.O.D.P. (Equal Employment
Opportunity Diversity Program) office by completing, signing and submitting a
complaint on a form supplied by the City.
6.5 The UNION shall not be required to process the grievance of a non-
union member.
Tentativ;ly A• eed to by:
AFSCM Loca 907
Cif Miami
/ /
ARTICLE 7
PREVAILING BENEFITS
7.1 Job benefits heretofore authorized by the City Manager continuously enjoyed by
all employees covered by this Agreement, and not specifically provided for or abridged by this
Agreement, shall continue upon the conditions by which they had been previously granted.
7.2 Provided, however, nothing in this Agreement shall obligate the City to continue
practices or methods which are unsafe, obsolete, inefficient or uneconomical. Disputes over the
application of this Section may be subject to the Grievance Procedure.
7.3 If the City desires to change such job benefits, the matter shall be negotiated
between the City and the UNION in accordance with Ch. i ter 447, Part II, Florida Statutes.
For City
Date
For the Un"e n
ARTICLE 8
ATTENDANCE AT MEETINGS/UNION TIME POOL
8.1 The President of the UNION or a designated representative shall be allowed to
attend regular meetings and special meetings of the City Commission, State or National UNION
Conventions, the Civil Service Board, the Equal Employment Opportunity Advisory Board and
the Pension Plan Board. Time off for the UNION President or any other bargaining unit
employees to attend these or other similarly approved meetings will be in accordance with
Section 2 of this Article.
8.2 A UNION time pool is hereby authorized subject to the following:
A. The City agrees to establish an annual time pool bank of 8,500 hours to
be used in accordance with the provisions of this Article. All unused hours
will be carried over to the following calendar year.
B. For each bargaining unit member, except the UNION President, or a
designee, when on full-time release, who is authorized to use time from
the UNION time pool, the President shall fill out the appropriate form as
provided for by the City. This form shall be signed by the UNION
President and forwarded to the Department Director a minimum of seven
(7) calendar days prior to the time the employee UNION representative
desires such leave. A copy shall also be forwarded to the Director of
Human Resources or designee. It is understood on rare occasions the
seven (7) day time limit may not be met. The President
14
shall forward a detailed explanation to the Director of Human Resources
or designee as to why the seven (7) day rule was not met.
C. Bargaining unit members shall be released from duty only if the needs of
the service permit, but such release shall not be unreasonably denied. If
because of the needs of the service a bargaining unit member cannot be
released at the time desired, the UNION may request an alternate
bargaining unit member be released from duty during the desired time.
D. In reporting a bargaining unit member's absence as a result of utilizing
the UNION Time Pool, the daily attendance record shall reflect:
"Bargaining Unit Member Doe on AL" (Authorized Leave)
E. Any injury received or any accident incurred by a bargaining unit member
whose time is being paid for by the UNION time pool, or while engaged
in activities paid for by the UNION time pool, except the UNION
President and the designee when on full-time release shall not be
considered a line -of' -duty injury, nor shall such injury or accident be
considered to have been incurred in the course and scope of employment
by the City of Miami within the meaning of Chapter 440, Florida
Statutes, as amended.
F. Upon written request to the Director of Human Resources or designee, the
President of the UNION, and the two (2) designees will be released for the
term of this Agreement from his/her regularly assigned duties for
15
the City. The terms of this agreement for such release are only to be
implemented if the following qualifications are met by the UNION:
1, The UNION President and the two (2) designated representatives,
will reasonably be available through the UNION office currently
located at 4011 W. Flagler Street, Suite 405, Miami, Florida 33134,
for consultation with the Management of the City of Miami.
2. No requests to attend meetings at the City's expense as the UNION
representative will be made to the City by the UNION, its officers,
agents or members.
3. The Time Pool will be charged for all hours during which the
UNION President and the two (2) designees are on off -duty up to a
forty (40) hour work week, except that absence due to vacation
leave, sick leave, holidays, or compensatory leave will be charged
to the President's employee leave accounts.
G. On no more than one occasion per month, the UNION Executive Board
members may meet during their scheduled work shift for a period not to
exceed four (4) hours. At no time will more than eight (8) employees be
released to attend such meetings, and the Time Pool shall be charged a
minimum of four (4) hours for each employee who attends such meetings.
Release of employees for this purpose shall be conditioned upon compliance
with other provisions of this Article.
I6
8.3 All applicable rules, regulations and orders shall apply to any bargaining unit
employees on time pool release. Violations of the above mentioned rules, regulations and orders
shall subject the bargaining unit employees on pool time to regular disciplinary processes.
8.4 The City reserves the right to rescind the provisions of this Article in the event
any portion of the Article is found to be illegal. Cancelling the Article shall not preclude
further negotiations of future employee time pool.
8.5 Except as provided above, bargaining unit employees who attend administrative
or judicial hearings shall not be compensated by the City unless such attendance is on behalf
of and at the request of the City.
17
ARTICLE 9
UNION STEWARDS
9.1 Employees within the bargaining unit shall be represented by no more than ten
(10) Stewards. The UNION shall furnish the Department of Human Resources a list of the
Stewards' and alternate Stewards' names and their assigned steward areas, and shall notify
Human Resources of changes to the list within seven (7) work days.
9.2 When requested by an employee, a steward may only investigate any alleged or
actual grievance in his/her assigned steward area. He/She will be allowed reasonable time
therefore during working hours without loss of time or pay upon notification and approval of
his/her immediate supervisor outside the bargaining unit. Such release time will be granted
consistent with the needs of the service but will not unreasonably be withheld.
9.3 UNION business, other than that cited above, shall be conducted so as not to
interfere with the work assignment of stewards or any other employees.
9.4 A non -employee UNION Representative may consult with employees in assembly
areas before the start of each work shift or after the end thereof.
9.5 Should an employee UNION representative covered by this Agreement be
released on the Attendance at Meetings/UNION Time Pool Article said employee may substitute
for the steward, but in no event shall the steward and the employee UNION representative both
investigate the same grievance or appear for the meeting called to resolve the grievance. Should
the UNION President desire the UNION Steward, as described in Section 9.2, to attend a Step
3 grievance meeting, the steward may be released to attend said meeting with any time loss to
be charged to the UNION Time Pool.
14
9.6 An alternate Steward may be appointed for each steward. The alternate Steward
will be utilized by management when management is unable to reach the UNION Steward or
the UNION Steward cannot be spared for the assigned duties at the time and all provisions of
this Article shallpply to alternate Stewards as well as regular Stewards.
For the City
Date:
1)
For the Union
io7a (2p/9-?
15
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 10
CONTRACT DISTRIBUTION
10.1 The City agrees to furnish copies of this contract to each department director where
UNION members are employed and said department directors shall make the contract available
for employee examination at the employee's request.
Tentativ: - Agri to by:
AFSCME Loc.1 1907
15
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
OCTOBER 24, 2023
ARTICLE 11
NOTICES
11.1 The City agrees to provide to the UNION, the following: Agendas of
regular and special City Commission meetings (except where exempt by applicable
law), regular and special Pension Board meetings, regular and special Civil Service
Board meetings and hearings, Charter Review and Reform Committee meetings, and
Finance Committee meetings.
11.2 Upon request by the UNION, the City further agrees to provide the
UNION with a complete copy of all current written standard operating procedures, and
rules, regulations or departmental orders, and any amendments thereto, for any
department in which bargaining unit members are assigned.
11.3 The Union shall be provided advance notice of all new employee
orientations involving bargaining unit members and shall be allowed up to one-half (1/2)
hour to speak thereat.
Tenta ely A •�,-� - d to by:
AF CME Loc. 1907
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
OCTOBER 24, 2023
ARTICLE 12
BULLETIN BOARDS
12.1 The City shall provide bulletin board space which shall be used only
for the following notices:
A. Recreation and special affairs of the UNION
B. UNION Meetings
C. UNION Elections
D. Reports on UNION Committees (including the UNION Political
Action Committee)
12.2 Notices or announcements shall not contain anything political or
reflecting adversely on the City or any of its officials or employees; notices or
announcements which violate the provisions of this section shall not be posted. This
shall not preclude endorsements for the Civil Service Board or the Pension Board.
Notices or announcements posted must be dated and must bear the signature of the
UNION President or designee. In the event any non•UNION material is posted on
the bulletin board, it shall be promptly removed by a representative of the UNION or
by a representative of the City.
12.3 The City will place a link to the Union Website on the Citv's Website
in the Employee Corner. The Union website currently is
1
www.localAFSCME1907.com. The link will be clearly visible and easily accessible to
all bargaining unit members. Should the website change the City will make the
change upon notice form the Union President. The Union will also be permitted to
send electronic notices to its members on the City E-mail system upon approval from
the Human Resources Director, whose decision is not subiect to the grievance
procedure, but will not be unreasonably denied.
Tent 'vely Agreed to by:
AFSCME al 1907
City of Miami
ARTICLE 13
DUES CHECKOFF
13.1 Duri th. C't y t„ .lcduet UNION
xx ,�cxrc ccrzirv'x�xxxa�r�tec:ixcix�rxxc�n�-u�xceo co aca-ace ozrx vr.
be .....ad by tho C:t....,1. 1..ctions . a,1c and will begin with
the pay for the first full pay period following receipt of the authorization by the
Cit SIR. UNION .hall a.7. uc tho Cit of .. ....if rm a.,.-esoinont o. in
.1 it' ,.t ie,...t
13-aT1.' Articleerprp ic.. my to the 1. do..etion of .., ....1.,,....hip dueS nd
�
10 3 D d t' unifor nt.. : .... ., 1...l1 be m tted
ten4,14)-eeritnief-eaelin4flition-or4leletion-to-the-eheelefregioten.
----13:4-4ti4-11envent-neniployeay ..l ithi
tintl-iinifernissment-for-thot-pay-fiefied-elireeti-the-employee:.
13 5 Ded..etion f .. th., T'A'ION .,1..,.,. n...7 /..... ni fo .... ., nt
thcr• 1) revoked by the employee by providing the City with
th .,t; ord. tleci ct: rtifcr
,
ziea
UNION r ntativc.
13.6 T1, iTA ION •,1�.,11 inde...ni fy .,n L.ol the City it., „fficcro
�ni�rir�'r a aa�asc-�=
/ t th e) n.1 f all 1. .al @tr. g Fr, ct: tok „t
- _} h l th C't y h.,..deduce
13.7 The City will not deduet oily UNION fines, pcnnitico or t:pecinl
assessinfLat c th
r ✓
13.4 Th d 1. 1 f f t1, t' F rm pr vide by the Cit J .,ha11 be
If at any point in the future the law allows for payroll dues deduction, all provisions
set forth in the Dues Checkoff article of the 2020-2023 Collective Bargaining
Agreement between the parties (attached to this Article as "Attachment 1") shall
immediately be reinstated, to the extent they are consistent with the law. Should
this occur, the Union will provide the City with a list of those union members who
wish to reinstate payroll dues deductions.
"ATTACHMENT 1"
ARTICLE 13 FROM 2020 TO 2023 CBA
DUES CHECKOFF
13.1 During the term of this Agreement, the City agrees to deduct UNION
membership dues and uniform assessments, if any, in an amount established by the
UNION and certified in writing by an accredited UNION officer to the City from the
pay of those employees in the bargaining unit who individually make such request
on a written check off authorization form provided by the City. Such deduction will
be made by the City when other payroll deductions are made and will begin with
the nay for the first full pay period following receipt of the authorization by the
City, The UNION shall advise the City of any uniform assessment or increase in
dues in writing at least thirty (30) days prior to its effective date.
13.2 This Article applies only to the deduction of membership dues and
uniform assessments. if any, and shall not apply to the collection of any fines,
penalties, or special assessments.
13.3 Deductions of dues and uniform assessments. if any, shall be remitted
by the City during the week following each biweekly payperiod to a duly authorized
representative as designated in writing by the UNION. The City shall deduct from
the remittance an amount for the cost of dues check off. The amount will be
calculated at two ($.02) cents for each employee deduction, each payroll period, and
ten ($.10) cents for each addition or deletion to the check off register.
13.4 In the event an employee's salary earnings within anv pay
period, after deductions for withholding, Social Security, retirement, group health
insurance, and other priority deductions, are not sufficient to cover dues and any
uniform assessments, it will be the responsibility of the UNION to collect its dues
and uniform assessment for that pay period directly from the employee.
13.5 Deductions for the UNION dues and/or uniform assessment
shall continue until either: 1) revoked by the employee by providing the City with
thirty (30) days' written notice that he/she is terminating the prior check off
authorization, 2) the termination of the authorizing employee, 3) the transfer,
promotion demotion of the authorizing employee out of this bargaining unit. or 4)
the revocation or suspension of dues deduction as certified by the duly authorized
UNION representative.
13.6 The UNION shall indemnify and hold the City. its officers,
officials agents and employees harmless against any claim, demand, suit or liability
(monetary or otherwise) and for all legal costs arising from any action taken or not
taken by the City, its officials, agents and employees in complying with this Article.
The UNION shall promptly refund to the City any funds received in accordance
with this Article which are in excess of the amount of dues and/or uniform
assessments which the City has agreed to deduct.
13.7 The City will not deduct any UNION fines, penalties or special
assessments from the pay of any employee.
13.8 The dues check off authorization form provided by the City shall be
used by employees who wish to initiate dues deduction.
For the Un on
ARTICLE 14
GRIEVANCE PROCEDURE
14.1 It is agreed to and understood by both parties that there shall be a procedure for the
resolution of grievances arising from the application or interpretation of this Agreement.
14.2 A grievance is any dispute, controversy or difference between (a) the parties, (b)
the City and an employee or employees on any issues with respect to, on account of, or concerning
the meaning, interpretation or application of this Agreement or any terms or provisions thereof.
A grievance shall refer to the specific provision or provisions of this Agreement alleged to have
been violated. Any grievance not conforming to the provisions of this paragraph or that contains
non -identification of specific violations of the Agreement shall be denied and not eligible to
advance through the steps of the Grievance Procedure, including arbitration.
14.3 Nothing in this Article or elsewhere in this Agreement shall be construed to
require the UNION to process a grievance (a) on behalf of any employee without his/her consent,
or (b) with respect to any matter which is the subject of a grievance, appeal, administrative action
before a governmental board or agency, or court proceeding, brought by an individual employee
or group of employees, or by the UNION. Oral and written reprimands/warnings/deficiencies
shall not be considered grievable under this Agreement or the Civil Service Board.
14.4 It is further agreed by the UNION that with respect to disciplinary actions,
employees covered by this Agreement shall make an exclusive election of remedy prior to filing a
Step 2 or Step 3 Grievance. Such choice of remedy will be made in writing on the form to be
supplied by the City.
The Election of Remedy form will indicate whether the aggrieved party or parties wish to
utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or
administrative action before a governmental board or agency. Such selection of redress other
than through the Grievance Procedure contained herein shall preclude the aggrieved party or
parties from utilizing said Grievance Procedure for adjustment of said grievance.
14.5 The number of "working days" in presenting a grievance and receiving a reply from
the different levels of supervision shall be based upon a forty (40) hour, five (5) day work week,
Monday through Friday, not including City-wide holidays. Any grievance not processed in
accordance with the time limits provided below, shall be considered conclusively abandoned. Any
grievance not answered by Management within the time limits provided will automatically
advance to the next higher step of the Grievance Procedure. Time limits can only be extended
by mutual agreement of the UNION and Department Director or the Director of Human
Resources or designee. Such agreed to extensions shall be followed up in writing.
14.6 Where an employee covered by this Agreement elects to represent himself or be
represented by someone other than the UNION, the City will respond through its management
representatives consistent with the following steps and time limits. Said response will not be
inconsistent with the Labor Agreement and a representative of the UNION will be given an
opportunity to be present and receive a copy of the written response.
14.7 A grievance shall be processed in accordance with the following procedure:
Step 1.
The aggrieved employee shall discuss the grievance with his/her immediate supervisor
outside the bargaining unit within ten (10) working days of the occurrence which gave rise to the
grievance. A City employee UNION representative will be given a reasonable opportunity to be
present at any meeting called for the resolution of such grievance. The immediate supervisor,
outside the bargaining unit, shall attempt to adjust the matter and/or verbally respond to the
employee within ten (10) working days.
Where a grievance is general in nature in that it applies to a number of employees having the same
issue to be decided, or if the grievance is directly between the UNION and the City, or when. grievance
is filed due to an employee's dismissal, it shall be presented directly at Step 3 of the Grievance Procedure,
within the time limits provided for the submission of a grievance in Step 1 by the UNION President. If
the grievance relates to a disciplinary action, the Election of Remedy form as provided in Section 14.4 of
this Article must be completed and attached to grievances presented directly at Step 3. All grievances
trust be processed within the time limits herein provided unless extended in writing by mutual agreement
between the Director of Human Resources or designee and the UNION President or grieving employees.
Step 2.
If the grievance has not been satisfactorily resolved at Step 1, the employee or the UNION
representative may pursue the grievance to the second step of the Grievance Procedure. With
regard to disciplinary actions, if the aggrieved party or parties elect the remedy other than the
Grievance Procedure (Civil Service) contained herein, the grievance shall be withdrawn and
conclusively abandoned. The employee or the UNION Representative shall reduce the grievance
to writing on the standard form provided for this purpose and present such written grievance to
the Department Director concerned within ten (10) working days from the time the supervisor
has given his/her oral response to Step 1. The Department Director or designee and Management
personnel concerned shall meet with the employee and the UNION Representative and shall
respond in writing to the UNION within ten (10) working days from receipt of the written
grievance.
Step 3.
if the grievance has not been satisfactorily resolved at Step 2, the employee and/or the UNION
President may present a written appeal to the Director of Human Resources or designee within ten (10)
working days from the time the Step 2 response was due in Step 2. The Director of Human Resources or
designee shall meet with the employee and/or the UNION President and shall respond in writing to the
UNION within ten (10) working days from receipt of the appeal.
Step 4.
If the Grievance is not settled at Step 3, it may upon written request of the UNION
President within ten (10) working days after receipt of reply or answer be referred to arbitration.
14.8 The arbitration proceeding shall be conducted by an arbitrator selected by the
employer and the UNION. The selection process of the arbitrator between the employer and the
UNION will take place within twenty (20) days after notice is given. If the parties fail to select
an arbitrator, the Federal Mediation and Conciliation Services, or some other mutually agreed
upon service, shall be requested to provide a minimum panel of five (5) arbitrators. Both the
employer and the UNION shall alternately strike a name from the panel until one remains. The
party requesting arbitration shall strike the first name; the other party shall then strike one
name.
14.9 The arbitration shall be conducted under the rules set forth in this Agreement and
under the rules of the American Arbitration Association. Subject to the following, the arbitrator
shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The
arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or
supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall
have no authority to consider or rule upon any matter which is stated in this Agreement not to
be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not
specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be
construed by an arbitrator to supersede applicable laws in existence at the time of signing this
Agreement.
14.10 The arbitrator may not issue declaratory or advisory opinions and shall confine
himself/herself exclusively to the question which is presented to him, which question must be actual and
existing.
14.11 The fee and expenses of the arbitrator shall be paid by the party which loses the appeal
to arbitration. Each party shall fully bear its own costs regarding witnesses and representation. Should
any individual bargaining unit member bring a grievance under this Article on his/her own, he/she shall
be required to post a bond of an estimated one-half (1/2) of the expenses of the hearing with the arbitrator
before the hearing may be scheduled.
14.12 Copies of the award of the arbitration made in accordance with the jurisdiction or authority
under this Agreement shall be furnished to both parties within thirty (30) days of the hearing and shall
be final and binding on both parties.
14.13 Consistent with Chapter 447.401, the UNION shall not be required to process
grievances or be liable for any expenses for employees covered by this Agreement who are not
members of the UNION. Where non-members or any employee covered by the Agreement elects
not to be represented by the UNION, written responses shall be given to the employee and to the
UNION.
14.14 A request for review of complaints under Civil Service Rule 16.2 may only be made
by full-time classified service employees. Such requests under Rule 16.2 shall be denied where
the request does not cite the applicable Civil Service Rule(s) which is the basis of the complaint;
or, where the issue relates to a matter covered by the Collective Bargaining Agreement. This
section shall be imited solely to hearings under Rule 16.
/C.•
For the City
Date: D3
I7
For tie Union
ARTICLE 15
EMPLOYEES' BILL OF RIGHTS
15.1 When an employee has reasonable grounds to conclude that his/her participation
in an investigatory interview will result in his receipt of disciplinary action, the employee may
request that a UNION representative be present at the interview. The employee's
representative shall confine his/her role in the interview to advising the employee of his/her
rights and assisting in clarification of the facts. Upon request, the City will make a reasonable
effort to contact the employee's choice of representative and shall give the representative
sufficient time to get to the interview location, but shall not be obligated to delay the interview
for more than t y-two (604 fainuteshours.
15.2 Investigatory interviews shall be conducted at a reasonable hour, preferably
while the employee is on duty, unless the seriousness of the investigation is of such degree that
immediate action is required. If the employee is required to be interviewed outside his assigned
work schedule, he/she shall be paid overtime in accordance with Article 27.
15.3 At the commencement of the interview, the employee shall be advised of the
subject matter of the investigation.
15.4 / he parties agree to abide by the lawvith respect to the use of polygraphs.
Date:
/D(d-4
For the Uf on
28
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 16
DISCIPLINARY PROCEDURES
16.1 In cases where it becomes necessary to discharge or otherwise discipline a
permanent, classified employee covered by this Agreement, a representative of management
shall give notice of said discipline to the employee. Such notice of discipline shall be confirmed
in writing to the employee and the UNION no later than five (5) working days following the day
of discharge or imposition of discipline, excluding Saturdays, Sundays, holidays and the day of
occurrence.
16.2 Employees who have not attained permanent status in the classified service, or
who are entrance probationary employees, may not grieve disciplinary action under the
provisions of this Agreement.
16.3 If an appeal of any discharge or other disciplinary action, excluding oral or
written reprimands, is filed with the Civil Service Board in accordance with the Board Rules
and Regulations, such appeal shall be an automatic election of remedy and shall waive any right
on the part of the employee or the UNION to file or process a grievance under the terms of this
Agreement protesting such discharge or other disciplinary action. Should an employee elect to
grieve discharge or other disciplinary action, excluding an oral or written reprimand, such
grievance shall be made only in accordance with the terms of the Grievance Procedure Article
as contained in this Agreement.
16.4 Verbal counseling, records of formal counseling, written reprimands and written
warnings shall be null and void and shall not be used against the employee after a period of
25
three (3) years.
16.5 Entrance probationary employees who were appointed to a position but who did
not complete the required probationary period may be discharged or demoted any time prior to
the expiration of the probationary period. The employee shall not be accorded a hearing before
the Civil Service Board or access to the grievance procedure contained herein. A probationary
employee who is in probationary status due to a promotion shall be returned to a former
classification in which the employee held permanent status. If an employee who is in
probationary status due to a promotion is rolled back, he or she may appeal the decision to the
Director of Human Resources. Such appeal shall be made within five (5) days' notice of the roll
back, in writing, and the decision of the Director will be final.
Tentative Agree to by:
AFSCME Local 907
26
City of iami
ARTICLE 17
LOSS OF EMPLOYMENT
17.1 Employees shall lose their seniority and their employment shall be terminated
for the following reasons:
1. Discharge if not reversed.
2. Resignation.
3. Abandonment of position. An employee absent for a period of three (3)
workdays without notification and an acceptable reason, the validity of
which shall be determined in the sole and exclusive discretion of the City
Manager or the Director of Human Resources or designee, to the City shall
be considered as having resigned. Said resignation shall only be reviewed,
if applicable, by the City Manager or the Director of Human Resources or
designee.
4. Unexcused failure to return to work when recalled from layoff,
as set forth in the recall procedure.
5. Unexcused failure to return to work after expiration of a formal leave of
absence. An employee who fails to return from a formal leave of absence
will be considered as having resigned. Said resignation shall only be
reviewed, if applicable, by the City Manager or the Director of Human
Resources or designee.
6. Retirement.
7. Layoff for a continuous period of eighteen (18) months.
",
17.2 For purposes of Rule 14, any loss of employment due to a department
restructuring, department reorganizing, downsizing or abolishment of a position shall be
treated the same as a "layoff'.
Permanent employees subject to layoff shall be demoted or transferred to those classes in
which the employee held previous status, consistent with Civil Service Rules and Regulations
not withstanding Article 24, Section 24.1, Wages.
If the employee has ten (10) years of full-time consecutive classified service with the City
and has never held permanent status in another position, the employee may be demoted or
transferred by management in accordance with his/her seniority to another position in the
bargaining unit that is as close to the employee's present class and wage level as possible and
which he/she is able to perform and qualified to fill. The employee must make a written request
for such demotion or transfer within three (3) working days after notification of layoff.
Such request shall be made to the Director of Human Resources or designee.
Management shall have the right to determine such person's ability and qualifications to fill a
position without recourse through the grievance procedure or any other appeals procedure with
exception of the following.
Should the individual transferred or demoted feel that the position determined by
Management is not the one closest to their previous salary level for which they are qualified,
the employee may appeal within three (3) working days of notice of the new assignment only to
a two (2) person committee made up of the Director of Human Resources or designee and the
UNION President shall convene a meeting with the Federal Mediation and Conciliation Service
Commissioner who shall review the placement and render an advisory decision to the parties.
2
Employees transferred or demoted under this Section shall replace the least senior
employee in the position which he/she occupies. If the employee's regular position subsequently
becomes available, consistent with Civil Service Rules and Regulations, he/she shall be
promoted and transferred back to his regular position.
It is understood by the UNION and the City that nothing in Section 17.2 guarantees the
employee a job nor is the City obligated to create a job, but the City will make a good faith effort
to place thedivid ,�.1 demoted or laid off consistent with he-guage of Section 17.2.
Date
17
3
For the nion
ARTICLE 18
EMPLOYEE EVALUATION
18.1 Permanent full-time classified employees covered by this Agreement will be
evaluated utilizing the appropriate evaluation forms as approved by the Human Resources
Department. The evaluation will be provided on the employee's anniversary date.
18.2 Prior to distribution of an evaluation, the Department Director• shall review the
supervisor's ratings to check for consistency and that the criteria in the evaluation system has
been met. Employees evaluated will be given a copy of the evaluation rating. Should an
evaluation be downgraded after the employee's initial evaluation by his/her immediate
supervisor, the employee will be given a copy of the downgraded evaluation rating. Only a copy
of an unsatisfactory rating will be forwarded to the UNION President. Any employee rated
below satisfactory by Management will be given an opportunity to improve to a satisfactory
level. Failure to improve will result in disciplinary action up to and including termination. This
section shall not apply to permanent full-time classified employees serving in a probationary
promotional appointment.
18.3 Permanent full-time classified employees serving in a probationary promotional
appointment must successfully complete the probationary period within the time frame
provided (6 to 12 months), unless the Department Director recommends an extension of said
time frame. Any person hired or promoted into an Emergency Dispatcher position in the Police
Department or the Fire -Rescue Department shall serve an eighteen (18) month probationary
period. Extensions of probationary periods shall be approved by the Director of Human
Resources or designee.
1
18.4 Unsatisfactory rating of permanent full-time classified employees not serving in
a promotional appointment shall cause the employee to appear before the Civil Service Board
as the employee's sole and exclusive remedy to show cause why he/she should not be removed,
suspended, or reduced in grade.
For th
P/- .err - (41
Date
17
2
For the Union
,4
ARTICLE 19
ANNIVERSARY INCREASE
19.1 Salary increases recognizing satisfactory service within established pay ranges are
provided for in the City's salary schedule. On written approval from the Department Director,
employees shall receive a one-step increase in salary, not to exceed the maximum step rate,
effective on their anniversary date. -
whe
ff t th f th f l ow;.. g pay perioa--All anniversary increases shall be subject
to review for accuracy by the Department of Human Resources.
19.2 Leaves of absence without pay or suspension of any duration shall delay
anniversary increases by the same number of workdays.
19.3 Anniversary increases are not automatic. Anniversary increases shall be awarded
only on the basis of continued satisfactory service by the employee and on the positive approval
of the Department Director. A Department Director may withhold anniversary increases due to
excessive absenteeism resulting from tardiness, sick leave usage and/or until such time as, in
the Department Director's judgment, the employee's service within the classification meets the
standards of satisfactory performance for the position. Employees whose anniversary increases
are delayed or denied shall be notified of the reasons for the action being taken.
34
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.
19.4 Effective October 1, 2017, for purposes of receiving merit increases and
adjustments, the anniversary date of "Affected Employees" (as that term is defined in the
Settlement Agreement for Case No. 17-001234-CA-01) shall revert back to the Affected
Employee's date of hire into his/her current classi . tion.
For th. Spion
ARTICLE 20
EMPLOYEES ACTING WITHIN THE SCOPE OF AUTHORITY
20.1 Whenever a civil or criminal action is brought against a bargaining unit
employee, while in the course of his/her City on -duty employment, and while acting within the
scope of his/her authority, the City shall have the option to pay legal costs and attorney fees;
not to exceed one hundred and twenty five ($125.00) dollars per hour or provide legal counsel
where: a) the bargaining unit employee is found not to be liable or guilty, and b) when the
plaintiff requests dismissal of the suit.
20.2 The City will neither provide legal representation nor pay any claim or judgment
entered against any bargaining unit employee if the claim or judgment arises from any of the
following:
1. Any unauthorized and/or criminal act;
2. Any intentional tort;
3. Gross negligence or misconduct; or
While under the influence of alcohol, c tgs or illegal substances.
For the City
Date: //4//0-2
For the Union
36
ARTICLE 21
WORKING OUT OF CLASSIFICATION
21.1 A department director, or designee, may direct an employee to serve in
a classification higher than the classification in which an employee currently holds
status. Employees assigned to work out of classification shall meet the minimum job
requirements for the position being filled.
21.2 In the event an employee is assigned work of a higher classification as
provided for in Section 21.1 of this Article, the employee will be granted a one-step
increase or the rate for the first step of the higher classification, whichever is greater,
for all time worked out of classification in excess of thirty (30) consecutive calendar
days. If the employee is assigned working out of classification in a job basis position,
the employee will be granted compensation as provided for in this section, however,
the employee is not entitled to overtime. Employees performing work lower than
their current classification are not entitled to working out of classification pay.
21.3 Method of Qualifying Incumbents of Classified Positions Allocated to
New or Higher Levels - Whenever an occupied position has been allocated to a new
or higher classification, the incumbent thereof shall be qualified for the new
classification in one of the following manners:
(a) If the incumbent has been performing satisfactorily at the new or higher
level for a period of four years or more and has held permanent status in the
previous classification, he/she shall receive the new or higher classification
with permanent status, without further examination; or
(b) If the incumbent has been performing satisfactorily at the new or higher
level for a period of two years or more and less than four years, and has held
permanent status in the previous classification, he/she shall be given a
qualifying examination, the scope of which shall be at the same level of
difficulty as normally given for the same or like classification, and if
successful therein, he/she shall receive the new or higher classification with
permanent status.
(c) In the event the incumbent does not qualify under (a) or (b) above, he/she
shall be returned to his/her previous classification (i.e., the position held
prior to working out of class), and the position filled from the appropriate
eligible register.
21.4 During any on -job training program designed to upgrade employees'
skills, those employees in such training shall not be eligible for additional
compensation as provided in Section 21.2 of this Article.
21.5 In order to initiate an acting assignment, the employee's immediate
supervisor shall, upon assigning an employee to an acting assignment, immediately
complete the necessary notification form as provided by the City. Upon notification
of an employee placed on acting assignment, the Human Resources Department shall
conduct an evaluation to determine the eligibility of the employee assigned to the
acting assi:. me in accordance with this article.
D ate
17
or th Union
11
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 22
REST/LUNCH PERIODS
22.1 All employees' work schedules shall provide for a fifteen -minute rest period
during each four (4) hour work period.
22.2 Employees who do not take a rest period due to work conditions or by personal
choice may not lengthen lunch periods, cover an employee's late arrival or early departure, nor
may it be regarded as cumulative if it is not taken.
22.3 Employee lunch periods are not compensated by the City and therefore may not
cover an employee's rest period, late arrival or early departure.
22.4 The City shall compensate Emergency Dispatchers, Emergency Dispatcher
Supervisors, Emergency Dispatch Assistants, Public Service .Aides, Crime Scene Investigators
I, Crime Scene Investigators II, and Crime Scene Investigator Supervisors for the rest periods
and lunch periods provided to them pursuant to this article.
Tentativ:)y Age. to by:
AFSCME Loca 1907
34
City of Miami
ARTICLE 23
LINE OF DUTY INJURIES
23.1 Workers' Compensation Medical and Indemnity Benefits. To the
extent required by, and subject to the limitations specified in, Chapter 440, Florida
Statutes, the City will provide workers' compensation indemnity benefits to any
bargaining unit member who sustains a compensable line of duty injury or illness as
provided by the Workers' Compensation Law of the State of Florida.
23.2 Supplemental Salary
23.2(a) Any bargaining unit member who is disabled as a result of an
accident, injury or illness covered by Chapter 440, Florida Statutes, will be granted
supplementary salary, subject to the terms and conditions set forth below.
Supplemental salary will be paid in the form of a continuation of the bargaining unit
member's regular paycheck as provided by Resolution No. 39802. This check will
include those indemnity payments provided for under the Workers' Compensation
Law.
23.2(b) Full-time Civil Service employees who have permanent status with the
City as of September 30, 1981 shall receive supplementary pay which, when added to
the workers' compensation benefits shall not exceed 100% of the employee's weekly
pay prior to the line of duty injury, accident, or occupational disease for the period of
entitlement to full supplementary pay.
All other employees and Civil Service employees hired subsequent to September 30,
1981, shall be eligible for supplementary pay and workers' compensation pay to the
extent that the total of such benefits shall not exceed eighty (80) percent of the
employee's weekly pay prior to the line of duty injury, accident, or occupational
disease. This benefit shall take effect only after the employee has been disabled for
a period in excess of seven (7) calendar days.
23.2(c) Unless extended as provided below, supplementary salary will be
granted for a period not to exceed 150 consecutive days from the date of covered
accident, injury or illness. Such supplementary salary may be extended up to an
additional 60 consecutive days upon approval of the City Manager or his designee.
The 150 days begin when the bargaining unit member is actually placed on "D". If
the bargaining unit member is removed from "D," the non "D" time will not apply to
the 150 days period.
23.2(d) If an employee remains temporarily disabled beyond the period of time
in which he is entitled to collect supplementary pay benefits, he/she shall be entitled
to 2/3 "D" pay for the additional period of his/her temporary disability pursuant to
current practices.
23.2(e) If an employee becomes permanently and totally incapacitated from
the further performance of the duties of his/her classified position he/she shall
petition the retirement board for retirement.
The 2/3 "D" pay as described above shall be carried by the department until the
retirement is granted or denied.
23.2(1 At any time during his/her absence from duty claimed to be the result
of a line of duty injury while an employee is collecting City supplementary pay, the
employee shall be required, upon the request of the City Manager, or his/her designee,
to submit to a physical examination by a physician designated by the City Manager
within fifteen (15) days of the request. If such employee, without cause, as determined
by the City Manager, shall fail to submit to the examination at the time specified, all
City supplementary salary benefits will be terminated.
23.3 Deductions:
In the event a bargaining unit member receives supplementary salary
as referenced in this Article, the City will make payroll deductions under the
following terms and conditions:
Deductions required by law, "mandatory deductions," including, but not
limited to, social security, withholding and Medicare, will be made automatically to
the supplemental salary portion only.
All non -mandatory deductions including, but not limited to, a bargaining unit
member's pension 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 amount of the pension contribution shall be based on "eamable compensation" as defined by Miami Code
Section 40-191.
the non -mandatory and voluntary deductions directly to those providers and creditors
who would have otherwise been paid through the City's payroll deduction process.
The parties agree that this process is intended to provide the employee with
these paychecks without interruption of payroll and payroll deductions on a bi-weekly
basis. Should the employee notify the City by contacting Risk Management that
he/she does not want a combination of Workers' Compensation indemnity pay
included with the supplemental wage for the purposes of making regular deductions,
the Workers' Compensation check will be distributed separately through the third
party administrator and the City will only pay the supplemental wage minus
federally mandated deductions. i.e. withholding, social security and Medicare. All
other non -mandatory deductions, including pension, medical, life and other insurance
contributions and all other non -mandatory and voluntary deductions will not be made
and the bargaining unit member will be responsible for making all payments directly
to those providers and creditors who would have otherwise been paid through the
City's payroll deduction process.
For any reason, should any calculations or deductions made based on the above
protocols result in the employee owing money to the City, Risk Management will
audit the employee's payroll process immediately upon the discovery of monies owed
to determine why such arrearages occurred. The findings will be immediately
brought to the attention of the employee and a resolution will be proffered and
arrangements will be made to rectify monies owed.
No supplementary pay will be paid to any bargaining unit employee whom is
injured or becomes ill while performing an act intended to injure or hurt one's self or
another.
23.4 Any condition or impairment of health suffered by
employees in the classification of Identification Technician and
Property Specialist caused by Acquired Immunity Deficiency Syndrome
(AIDS), Hepatitis, Pulmonary Tuberculosis, or Meningococcal
Meningitis shall be presumed to have been accidental and to have been
suffered in the line of duty unless the contrary be shown by satisfactory
evidence. Employees either currently in the classification or promoted
or hired into the classification of Identification Technician and Property
Specialist who refuses to take a medical examination and all of its components
relating to the presumptions within this article, shall not be entitled to the
presumption outlined in this section and Florida Statutes 112.18.
The presumption in favor of employees referred to in this section shall not
apply to any other contagious diseases which may be contracted by employees.
Furthermore, the presumption shall only be applicable to worker's compensation and
disability pension benefit determinations. Nothing in this section shall be construed
as a waiver of the City's rights under applicable state law.
23.5 Nothing in this Article shall be construed as a waiver of the
City's rights under applicable State law.
,L)A
23.6 Employees may utilize available leave balances in
combination with medical hold provided that they report their intention
to use their leave in accordance with the standard reporting protocols
in their respective departments.
Date
17
ARTICLE 24
WAGES
24.1 Effective October 2, 2021, employees newly hired by the City into classifications
assigned to an "IT" Pay Grade shall be placed on the applicable "IT Schedule B."
Employees shall receive a 62% across the board wage increase effective October April 1,
20240. Effective October 1, 20244, employees shall receive a 62% across the board wage
increase. Effective October 1, 20252, employees shall receive a 6-1% across the board wage
incre a se-aivi-a-Fie-a-pen-s401+44e-Pf+Y-suPPlementuiv-alefft-40-14-of-4,beir-aftift-tial-tiftlaties.
Upon ratification, new step schedules will he implemented for bargaining unit members as set
forth in the attached Appendices, Under the step schedules, each step increase will be worth
five percent (5%) to the base.
Bargaining unit members will continue to be eligible for step increases upon a
satisfactory evaluation in accordance with Article 19.1 and in accordance with the time
delineated in Article 24.4, below.
Before a permanent bargaining unit member is laid off, the employee shall have the
opportunity to fill any position held by a temporary employee, provided the bargaining unit
member meets the minimum requirements set forth in the job description. In such cases, the
temporary employee shall be displaced.
Bargaining unit employees hired on or after October 1, 1998 may be laid off in accordance
with Civil Service Rules and Regulations and/or applicable City policies.
Notwithstanding the foregoing or anv other provision of this agreement. there will not be
anv layoffs of AFSCME Local 1907 bargaining unit employees from October 1, 2023 through
September 30. 2026, and the City will maintain Local 1907's bargaining unit positions for the
duration of the current agreement.
24.2 All changes in salary for reasons of promotion, demotion, or working out of class,
etc. shall be effective upon thcfit.. e f the p e1l = od f "owing the effective date of the
change. Employees hired into a classified Civil Service position shall have their date of hire
changed to reflect their commencement as a classified Civil Service position and shall
satisfactorily serve a probationary period of one (1) year commencing with the date of entry into
a permanently budgeted classification and prior to gaining permanent status in the classified
service.
Existing classified Civil Service employees shall satisfactorily serve a probationary period
of six (6) months commencing with the date of promotion into a permanently budgeted classified
Civil Service position.
24.3 Effective Qctober 1. 2023. Aa night shift differential of $1760 per hour will be paid
to bargaining unit employees for work assigned between the hours of 6:00 p.m. and 8:00 a.m.
Night shift differential will only be paid for hours actually worked during the night shift
differential period and will not be paid for any overtime hours. Night shift differential shall not
be used in calculating average earnings for pension purposes.
24.4 Bargaining unit members shall become eligible for a five percent (5%) one (1) step
increase upon a satisfactory evaluation in accordance with 19.1 according to the table below:
Step 2 5% after one (1) year at Step 1
Step 3 5% after one (1) year at Step 2
Step 4 5% after one (1) year at Step 3
Step 5 5% after one (1) year at Step 4
Step 6 5% after one (1) year at Step 5
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) nears at Step 15
Step 16 shall take effective on October 1, 2023.
24. 5 Bargaining unit employees shall satisfactorily serve a probationary period of one year
prior to gaining permanent status in the classified service.
Any bargaining unit employee, upon normal retirement from City service, or separating
under honorable conditions, who has served for a period of twenty-five (25) years or more, shall
be granted, at the time of his normal retirement or honorab
three and thrr tenths (173.3) hours of pay.
For the City I '
Date:
For the nion
separation one hundred seventy-
ARTICLE 25
PAY SUPPLEMENTS
25.1 Employees shall receive no additional pay supplements except as are specifically
provided by this Agreement. Any pay supplements/tool allowance provided by this Agreement
shall not be used in calculating average earnings for pension purposes or included in a
bargaining unit member's base rate of pay for purposes of payoff of sick leave or vacation upon
separation or retirement from the City.
25.2 Only those employees holding permanent status within the occupations of Heavy
Equipment Mechanic within the City, and Heavy Equipment Mechanic Supervisor in GSA, shall
receive a seven and one half percent (714%) pay supplement added to their base rate of pay
should they be continually assigned to on -call rotation, Said pay supplement shall be deemed
to fully satisfy any on -call pay obligation which might be construed to exist under the Fair Labor
Standards Act.
25.3 Those employees within the occupation of Emergency Dispatcher who are actively
assigned the duty of training new Emergency Dispatchers shall be entitled to receive a five
percent (5%) per pay period pay supplement for the actual full pay period they are assigned in
a training capacity by their supervisor.
Should the City feel the need to have an audit performed for the purpose of determining
whether a separate training occupation is desirable, the City may discontinue this plus item
and assign said duties to the person or persons holding said Emergency Dispatcher Trainer
classification.
1
25.4 All Police Emergency Dispatchers, Emergency Dispatcher Supervisor, Police and
Emergency Dispatch Assistants assigned to Police Communications shall receive a five percent
(5%) pay supplement if the employee holds and maintains the Quality Assurance Proficiency
(QAP) rating in accordance with Police Standards after a period of three (3) months.
25.5 All Fire Emergency Dispatchers, Emergency Dispatcher Supervisor,
Medical/Fire and the Communications Center Supervisor, Medical/Fire assigned to Fire
Communications shall receive a five percent (5%) pay supplement if the employee holds the
National Academy of Emergency Medical Dispatcher (NAEMD) certification in accordance with
the Fire Department standards.
25.6 All employees specified above shall receive the QAP or NAEMD pay upon
ratification of the contract as set out above. Should any employee specified above fail to maintain
his/her QAP rating or the NAEMD certification, the supplementary pay shall cease. Upon re -
qualifying for the QAP rating and thereafter maintaining the QAP rating for a period of three
(3) months, the employee shall again receive the QAP pay.
Upon re -qualifying and thereafter maintaining the NAEMD certification, the employee shall
again receive the NAEMD pay. In no instance shall any individual receive both QAP and
NAEMD pay supplements as specified herein at the same time.
25.7 Fire Garage Mechanics and Supervisors who obtain Emergency Vehicle
Technicians certificates, shall receive a one percent (1%) pay supplement for every two (2)
licenses that mechanics and supervisors obtain and maintain, up to a maximum of five percent
(5%) for holding a minimum of ten (10) approved licenses.
All Department of General Services Administration fleet employees and supervisors who
obtain Automotive Service Excellence (ASE) certification, shall receive a one percent (1%) pay
supplement for every two (2) licenses obtained and maintained, up to a maximum of five percent
(5%) for holding a minimum of ten (10) of the following licenses:
Automobile Series
Al: Engine Repair
A2: Automotive Transmission Transaxle
A3: Manual Drive Train and Axles
A4: Suspension and Steering
A5: Brakes
A6: Electrical/Electronic Systems
A7: Heating and Air Conditioning
A8: Engine Performance
MediumiHeavy Truck Series
Ti: Gasoline Engines
T2: Diesel Engines
T3: Drive Train
T4: Brakes
T5: Suspension and Steering
T6: Electrical/Electronic Systems
T7: Heating, Ventilation & A/C
T8: Preventive Maintenance Inspection
Truck Equipment Installation and Repair Series
El: Truck Equipment Installation and Repair Specialist
E2: Electrical/Electronic Systems Installation and Repair
E3: Auxiliary Power Systems Installation and Repair
Advanced Level Series
L1: Automobile Advanced Engine Performance Specialist
3
L2: Med/Hvy Vehicle Electronic Diesel Engine Diagnosis Specialist
25.8 Latent Print Examiners and Latent Print Examiner Supervisors who are certified
by the International Association of Identification as latent print examiners shall receive a 5%
pay supplement.
25.9 Effective October 1. 2023, employees in the following iob classifications shall
receive a 5% Hazardous Dutv pav supplement: Assistant. Heavy Equipment Specialist.
Automotive Equipment Operator_ I. II, IH and IV, Maintenance Mechanic, Maintenance
Mechanic Supervisor, Maintenance Mechanic Helper, Latent Print Examiner, Latent Print
Examiner Supervisor. Grounds Tender. Tree Trimmer. Crime Prevention Specialist. Sanitation
Inspector II. Sanitation Inspector Chief. Sanitation Inspector, Code Compliance Inspector, Code
Compliance Inspector H. Sanitation Supervisor, Heavy Equipment_ Specialist, Heavy
Equipment Mechanic Helper, Automotive Mechanic Helper, Automotive Mechanic, Automotive
Mechanic Supervisor. Public Works Supervisors, Laborer I, Labor Crew Leader I. Labor Crew
Leader II, Mason, Public Works Superintendent. Superintendent of Maintenance. Assistants
Heavy Equipment Mechanic. Heavy Equipment Mechanic Supervisor. and Code Compliance
Field Supervisor.
25.10 Effective October 1, 2023, employees in the following job classifications shall
receive a 5% Biohazardous Duty pav supplement: Crime Scene Investigator 1. Crime Scene
Investigator II, Crime Scene Investigator Supervisor.
25.11 Effective October 1, 2023, employees in the followingjob classifications shall receive
a 5% Mental Health pay supplement: CIS Desk Operator, Communication Center
Administrator, Communications Center Supervisor, Police, Communications Operations
4
Supervisor, Communications Operations Supervisor, MedicallFire, Emergency Dispatch
Assistant., Emergencv Dispatcher, and Emergency Dispatch Supervisor.
25.12 Effective October 1, 2023, Public Service Aides shall receive a five percent (5%) pay
supplement for all time spent in a training capacity.
25.13 Second Language Pay. Effective October 1. 2023. employees in the classifications
of CIS Desk Operator, Communication Center Administrator, Communications Center
Supervisor. Police, Communications Operations Supervisor, Communications Operations
Supervisor. Medical/Fire, Emergency Dispatch Assistant, Emergency Dispatcher, and
Emergency Dispatch Supervisor, who are conversation} 11y proficient in Spanish or Creole, shall
receive a fiv
For the City ` For the Union
Date:
5
ARTICLE 26
SALARY BASIS/EXEMPT
26.1 Those classifications listed in Appendix A with a salary basis/exempt designation
are considered salaried employees and exempt from coverage under the Fair Labor Standards
Act which precludes eligibility for overtime.
26.2 Salary basis/exempt employees are expected to work a pay rate equal to eighty
(80) hours per pay period plus any additional time over and above the normal eighty (80) hour
pay period that is needed to properly perform the duties of the position. Use of vacation and
sick leave are to be properly recorded when used. Personal Time Off (PTO) shall be granted
consistent with Administrative Policy 1-06. Time worked in excess of the normal eighty (80)
hour pay period shall not be compensated nor credited in any way. However, when time is taken
off under this provision, it is required that such time taken be recorded as PTO.
26.3 Requests for time off by salary/exempt employees shall be considered on an
individual basis consistent with the needs of the City and the performance record of the
employee, and approval shall not be unreasonably withheld.
26.4 PTO leave shall not be utilized in units of more than one (1) week unless
authorized by the City Manager.
26.5 The September 4, 2018 memoran
regarding Public Works Supervisors and
Chief Sanit'a on Inspectors are incorporated herei l by •rence.
Fdr the City
Date: D, -- V9-' °a1
For the Union
ARTICLE 27
OVERTIME/COMPENSATORY TIME
27.1 All authorized hours worked in excess of an eligible employee's normal work week
shall be considered overtime work. Non-exempt/hourly employees shall not perform any work
prior to their normal work hours, during their lunch hour, or after their normal work hours
unless specifically authorized by a management supervisor.
27.2 Non-exempt/hourly employees performing compensable overtime work shall, at
their discretion, be paid time and one-half (1 Y2) at their regular hourly rate of pay or shall be
given scheduled compensatory time off at the rate of time and one-half for such work.
Compensatory time off shall be taken in not less than fifteen (15) minute increments. This
overtime rate shall be all inclusive and no additional overtime pay shall be paid to those
employees working a holiday.
27.3 The maximum accumulation of compensatory time hours is Ofta-three hundred
fifty (T50300) hours. If an employee takes compensatory time off, the hours in his/her bank shall
be appropriately reduced by such time off. If an employee leaves the service of the City and
cashes in his/her compensatory leave bank, the hours therein shall be valuated on the basis of
the employee's regular rate of pay. The rate of pay shall not be less than the higher of the
employee's final regular rate of pay or the average regular rate of pay during the last three (3)
years of employment.
27.4 Employees covered by this Agreement who are appointed to job basis/exempt
classifications and who have compensatory time banked, shall at time of such appointment be
paid for all compensatory time at their rate of pay prior to such appointment.
27.5 Overtime will be distributed as equally as practical to the best ability of the
Supervisor in charge among the employees within a division of the City, who have completed
their probationary period (with the exception of Emergency Dispatchers, Emergency Dispatch
Assistants, and Emergency Dispatch Supervisors, who shall be eligible for overtime despite
being in probationary status), by shift and classifications, according to seniority within the
classification. A new overtime list by classification will be posted every two pay periods as a
guide for such distribution. The remedy for the failure to offer overtime shall be that the
employee shall be offered an equal or comparable amount of overtime at the next opportunity.
27.6 The overtime list by classification will be made up of all employees in that
classification. If an employee refuses overtime, is sick, on vacation or on an excused absence
the City will move to the next employee in line on the overtime list. For call-back overtime, if
the employee does not answer his/her phone the City will move to the next employee in line on
the overtime list. This provision is not to be interpreted as meaning the employee is not subject
to call-back while on vacation or excused absence.
27.7 As each overtime opportunity arises the City will move through the overtime list
until it has offered the last employee on the list an overtime opportunity. Thereafter, the City
will move to the top of the list and begin with the most senior employee on the overtime list.
27.8 The provisions of this Article do not restrict the City's right to mandate
employees to work overtime. In the event the City must order overtime work within a unit or
area of assignment, the most junior employees of the affected classification will be ordered first
to work the required overtime.
27.9 If this method results in obviously inequitable distribution of overtime, the
Director of Human Resources or designee and the UNION President will work out a method of
correcting such inequity.
For the City
Date: eD,..- 0 r ��
4)
SThq9
ARTICLE 28
GROUP INSURANCE
28.1 Summary Plan Document
The City and the UNION agree that the Summary Plan Document (SPD)
(entitled City of Miami Life and Health Benefits) shall be immediately updated to reflect
descriptions of the current benefit. Plan design and all plan benefits shall be those outlined
within the updated version of the employees benefits handbook and shall not be changed
without mutual agreement of the City and the UNION. The updated and finalized SPD shall
be provided to the City's Plan Administrator (TPA) and the TPA will administer the Plan
benefits in accordance with the definitions and other language agreed to and contained in the
SPD.
Life and Accidental Death and Dismemberment (AD&D)
The City agrees to pay $8.08 per all eligible bargaining unit member per pay
period to the UNION to provide life insurance coverage in the amount of $40,000.00 and AD&D
coverage in the amount of $80,000. The UNION, has secured a multi -year rate guarantee from
the provider, Reliance Standard. The UNION agrees to continue to secure life insurance and
accidental death and dismemberment coverage for all the eligible bargaining unit members
throughout the term of this contract and agrees to provide policy and rate documentation to the
City at the City's request.
MedicaUVision:
The City currently offers medical, dental and vision benefit plans through a self -funded
plan in which all bargaining unit members, upon obtaining eligibility, may enroll, to wit:
61
Medical/Vision Cigna Network
Dual Choice/POS Cigna Network
Dental DHMO-Cigna/DPPO-Guardian
EAP Cigna Health Care
It is agreed between the parties that as of January 1, 2015, the City's medical plan
will consist of a four tier program:
Single coverage
Single coverage + spouse
Single Coverage + children
Single coverage + Family (spouse and children)
It is agreed that medical premium rates for all tiers may be adjusted annually upon
the City's calculation of the premium for medical benefits. Premium rates will be calculated by
a certified actuary based on the City's eligibility list and experience and the information will be
provided to the UNION, in order to validate any increase or decrease in theoretical premium.
As of January 1, 2018, (the beginning of the next Plan year) any increases or
decreases in the cost of the City's health plan shall be shared by current active employees on
the following basis for all medical plans:
Plan Year 2018: Dual Choice/POS (Cost of coverage shown bi-weekly)
Single $40.55
Single + spouse $89.21
Single + Children $75.01
Family $115.56
62
i
Plan Year 2018: Point of Service Plan
Co -Pays:
Primary Care Physician: $25.00 per visit
Specialists from within POS Network: $40.00 per visit
As there are frequent and rapid changes in health care costs, it is understood and agreed
between the parties that any changes in contribution amounts will be made based on the annual
calculation of theoretical premium. It is agreed that should actual operating claims and
administrative costs, and reserve costs increase at a rate higher than the projections used to
establish the employee contributions above (projection used is 10% increase in total premium
each year), then those employee contributions shall be adjusted to reflect the increase and shall
be effective at the beginning of the Health Plan Year. Likewise, should the theoretical premium
cost decrease more than the projections used to establish the employee contributions stated
above, those employee contributions will be lowered to reflect the overall theoretical premium
decrease. In any given plan year, projections used to establish any increase in contributions
from the employee shall be capped at 15%.
Prescription Drug Coverage
The City currently offers a prescription drug benefit plan for those bargaining unit
members enrolled in POS plans. It is a self -funded plan administered by Cigna Health Care
and consists of the current benefit:
Cigna Pharmacy Retail Drug Plan;
$15 per 30 day supply for generic drugs
$40 per 30 day supply for preferred brand name drugs
63
$60 per 30 day supply for non -preferred brand name drugs
50% of drug cost per 30 day supply for self-administered Injectables
(e.g. injectables drugs used to treat rheumatoid arthritis, hepatitis C,
multiple sclerosis, asthma).
Cigna Tel Drug Mail Order Drug Program:
$0 (no charge) per 90 day supply for generic drugs
$80 per 90 day supply for preferred brand name drugs
$120 per 90 day supply for non -preferred brand name drugs
50% of drug cost per 90 day supply for self-administered Injectables
(e.g. injectables drugs used to treat rheumatoid arthritis, hepatitis C,
multiple sclerosis, asthma).
Since prescription drug costs are a major component of the health plan and are
subject to significant annual cost increases, the City and the UNION agree to evaluate and
measure pharmacy benefit total costs and evaluate best practice strategies to manage the
pharmacy benefit.
Any changes in the pharmacy benefit shall be mutually agreed to by the City and the UNION.
Dental:
Dental premium rates may be adjusted annually upon the City receiving notice
from the dental providers. Employees will be notified of the adjustments in the dental rates
during open enrollment. In accordance with current practice, when employees choose to be
covered under the City's dental plan, the employee will continue to pay the dental premium.
64 /
Employee contributions: In accordance with the City's Cafeteria Plan group health
premiums will be paid by the bargaining unit employee with pre-tax dollars.
Health Committee
It is agreed that a standing committee will be created called the Health Insurance
Committee. It shall be made up of six (6) City of Miami Employees, one member appointed by
the IAFF, one member appointed by AFSCME, Local 1907, one member appointed by AFSCME,
Local 871, two members appointed by the City Manager and one picked by mutual agreement
of the Unions and City Manager. The Group Benefits Coordinator shall serve as a technical
advisor to the committee, but will not be a member nor have a vote.
Based on this commitment and in collaboration with labor and management, this
Committee will work during the term of this contract to identify ways to strengthen and improve
our health plan. This will include, but is not limited to:
Obtain timely, accurate, and transparent reporting, with full disclosure, of all costs
from our vendors.
Identify plan vendor administrative improvements and efficiencies that can have a
significant impact on reducing health expenditures and to ensure that our health plan vendors
are delivering maximum administrative savings.
Educate employees on better understanding and use of their health plan.
Identify the impact of health improvement and disease management initiatives to
decrease overall medical and drug costs.
Identify members who would benefit from health improvement initiatives and
institute programs to improve member's health.
65
Evaluate and measure our pharmacy benefit total costs and fully assess the costs
from our pharmacy benefit manager (PBM) vendor.
Identify proven strategies to more effectively provide prescription benefits, and
obtain vendor (PBM) administrative savings to successfully manage this important benefit.
Make recommendations to the City Manager to reduce health expenditures while
maintaining a quality health plan at an affordable cost and which improves the health of
employees and dependents.
Review employee complaints and remedy situations concerning claims so long as
the decision does not change or impact current benefits. This is intended to reduce the need for
the grievance procedure; however, the bargaining unit member does not waive his/her right to
file a grievance should the committee's remedy is not satisfactory to the employee.
Review and update the Summary Plan Description (currently titled City of Miami
Life and Health Benefits).
Any and all other health care and wellness issues identified by the Committee as
promoting initiatives to improve the health of employees and dependents while maintaining a
quality health plan.
The Committee shall meet monthly or as soon as practicable to commence
initiatives outlined above.
Insurance Deductions by Payroll
28.2 The City shall continue to make available to the UNION a payroll deduction slot
to purchase local UNION sponsored insurance programs.
66
Upon receipt of appropriate authorization from employees, the City will make the
designated deductions and forward monies to the UNION. The City shall deduct from that
remittance an amount for the cost of these deductions. The amount will be calculated at two
cents (20) for each employee deduction, each payroll period, and ten cents (100) for each
addition, deletion, or modification to the individual deduction. The UNION shall indemnify and
hold the City, its officers, officials, agents and employees harmless against any claim, demand,
suit or liability and for all legal costs arising from any action taken or not taken by the City, its
officials, agents and employees in executing this activity. The Director of Human Resources or
designee will advise the UNION of the deduction procedures that will be followed in the
implementa '/n and administration of this activity.
For the Cit
�g 30— a(a_
Date
67
For the Unio
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 29
UNIFORMS AND SAFETY SHOES
29.1 In those classifications where the employer requires that the employee wear
safety shoes, the City shall, effective the first full pay period following ratification of the labor
agreement, issue an allowance in the amount of One Hundred and Seventy -Five Dollars
($175.00) for the purchase of an initial pair of safety shoes.
29.2 When, due to wear and tear or accidental job destruction, a replacement pair of
shoes is required, the City will grant up to an additional One Hundred and Seventy -Five Dollars
($175.00) for the purchase of another pair of safety shoes.
This additional One Hundred and Seventy -Five Dollars ($175.00) shall only be
provided when the worn out or damaged pair of shoes is turned into the Department. The
Department Director, or designee, shall determine when, in their judgment, a pair of safety
shoes shall be issued on the basis of need and not on an automatic basis. Management reserves
the right to provide safety shoes directly to the employee in lieu of the approval provisions.
29.3 Employees in those classifications required to wear safety shoes shall be subject
to the loss of a day's pay for each day that the employee reports to work not wearing the required
safety shoes. Action under this section shall not be grievable under the Grievance Procedure or
appealable to the Civil Service Board.
If a medical waiver is obtained stating that the employee is unable to wear safety shoes, then
the penalty stated above is not applicable.
40
29.4 Safety shoes shall not be worn by the employee when the employee is off duty.
29.5 Employees shall be advised of shoe models which conform to City standards. The
shoe allowance authorized by this Article shall only be paid where an employee purchases a pair
of safety shoes whose quality is certified as acceptable by Management.
29.6 City furnished equipment where required by the employer will be replaced when
worn out or damaged only if the employee returns the worn out or damaged equipment to the
Department. This includes, but is not limited to, gloves, boots, inclement weather gear and other
equipment. A bargaining unit employee shall reimburse the City for the repair or current
replacement cost of lost, stolen, or damaged City equipment when the employee's carelessness
and/or negligence results in the loss, theft, or damage of the equipment.
29.7 Mechanics covered under this contract shall be provided with safety eyewear.
Those bargaining unit members requiring prescription safety eyewear due to their inability of
wearing regular safety eyewear will be provided prescription safety eyewear. The bargaining
unit member is responsible for obtaining the prescription at no cost to the City.
29.8 The City shall provide a minimum of five (5) uniforms (including shirts and pants)
per year to any classifications required to wear uniforms.
29.9 The City will provide laundry services for uniforms worn by Mechanics
classifications.
41
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 30
TOOL ALLOWANCE
30.1 The City agrees to pay a quarterly tool allowance for Automotive Mechanic,
Heavy Equipment Mechanics, Welders and Auto Body Worker/Painter in the amount of One
Hundred Dollars ($100.00) quarterly. Such tool allowance will be paid to the employee within
the first fifteen (15) days after the close of the quarter.
30.2 Mechanics' tools, which are stolen due to vandalism or forced entry upon the
employer's property, will be replaced upon proof of a police report and an itemized list of the
tools stolen.
30.3 The Department Director or his designee shall have the sole right to develop or
redevelop a basic minimum tool list which employees must have to be hired in the various
trades' classifications. The Department Director may grant a reasonable length of time for any
employee to acquire additional tools to meet the basic minimum tool allowance inventory.
Employees who fail to meet the basic minimum tool list inventory shall not receive a tool
allowance. Tools may not be loaned to meet the basic inventory tool list.
30.4 The Department Director or designee, shall provide a required minimum list of
tools for Automobile Mechanic & Motorcycle Mechanic, Heavy Equipment Mechanic,
Maintenance Mechanic, Auto Body & Painter, Welder, Machinist, Mason, Carpenter,
Electrician, Lineman, Plumber, Painter, A.C. Mechanic, Sign Painter, Communication
Technician, or any other classification not listed that the Department Director may feel is
necessary to add.
42
30.5 The affected employees within the above -listed classifications shall submit an
inventory of all their personal tools, including the make and model of each tool, to their
immediate supervisor outside the bargaining unit who will verify the list. The employee will
maintain a copy of said inventory list and a copy will be filed with the Department Director or
designee. This list shall be periodically checked and updated. The City shall replace broken,
stolen, and worn out tools upon request and confirmation that the broken, stolen, or worn out
tool was on the recorded inventory. This replacement policy does not apply to the classifications
receiving the quarterly tool allowance as provided under this Article. Submission of the
inventory list of tools in excess of the basic minimum tool list shall be completed within sixty
(60) days after ratification of this Agreement.
Tentative ;JAgr:m to by•
AFSCME Local 1 •7
43
{
ARTICLE 31
TUITION REIMBURSEMENT
31.1 It is agreed between the parties that the tuition reimbursement program is
designed to encourage City employees to improve their job performance and increase their value
to the City by pursuing courses of study related to their job duties at accredited educational
institutions. The policy governing the tuition reimbursement program is intended to be flexible,
with broad discretion for approval reserved to the Department Director and the City Manager
so as to insure on-the-job effectiveness of City employees. Tuition reimbursement shall not be
subject to budgetary constraints.
31.2 Any full-time, permanent City employee shall be eligible to participate in the
Tuition Reimbursement Program, so long as the member has complied with the City's
administrative prerequisites for participation in the program.
31.3 All course work must be taken at or from an accredited college, university or
educational institution approved by the City Manager or the Department of Human Resources
designee. Course work taken under provisions of this Article must be directly related to the
employee's job duties. Class attendance will be on the employee's own time unless otherwise
noted in the course announcement and authorized by the City Manager or the Department of
Human Resources designee.
31.4 Reimbursement will be limited to books, lab fees, and tuition costs up to a
maximum of $74,000.00 per calendar year.
0
</Li
31.5 To be eligible for reimbursement, the employee must successfully complete the
course work and provide evidence of successful completion to the City. Successful completion
must be evidenced by a grade of "C" or better.
31.6 Procedures for reimbursement will be as follows:
A. The employee must complete an obite the f'4 picc of- Application
for Tuition Reimbursement form for each course provided by from -their
deportment or the Human Resources Department.
B. The employee must complete the application in triplicate and submit it to
his/her Department Director prior to commencement of course work.
regiotratiort-ot-the-edueotiori-ifistitot-iem
C. The Department Director will then review the application and if approved
forward the original and one copy to the Human Resources Department.
If the application is not approved, it is then returned to the employee by
the Department Director.
D. The Human Resources Department has the authority to approve or not
approve the application, and applications not approved will be returned to
the employee. with notification to the Department Director with the reason
for rejection noted thereon.
31.7 In the event the employee resigns or is terminated from the City within one (1)
year following completion of the course(s) for which City funds have been expended, the amount
of tuition reimbursement paid to the employee will be reimbursed to the City by the employee
upon his/her termination from the City through a deduction from his/her final paycheck.
S�f
31.8 Within ten (10) business days of Iensuccessful completion of the course work,
the employee must submit his/her final grade report together with the tuition fee
receipt to his/her Department Director. The Department Director will submit the approved
application for tuition reimbursement along with the employee's semester grade report and
tuition fee receipt to the Human Resources Finance Department who shall review and
determine the amount eligible for reimbursement. '
The Human
Resources Department will then forward the determination to the Finance Department. who
shall reimburse the employee for the City's share of the tuition reimbursement, in accordance
with the determination of the Human Resources Department.
31.9 ,
provision :shall not impact any requests that arc or have been submitted or approved before or
„fe..th„ ee
For the City
Date:
ARTICLE 32
CALL BACK PAY
32.1 Any bargaining unit member eligible for overtime shall, if recalled to duty during
off -duty hours, receive a minimum of three (3) hours plus one (1) hour travel time, paid at the
overtime rate. The parties agree that call-back hours shall not be used in the computation of
arriving at average earnings for purposes of establishing pension benefits.
32.2 It is not the intent of this Article or any other Article of this Agreement to provide
pay for a bargaining unit member out on ill time or workers compensation to receive call-back
pay, overtime pay or straight time pay for taking the required physical before said employee
may be released to return to work.
For the City
Date:
75
For the Union
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 33
JURY DUTY/COURT APPEARANCE
33.1 Employees serving on jury duty shall be carried "JD" (Jury Duty) for actual
working time lost when called to serve on jury duty. Such employees shall be paid at their
regular hourly rate for all working time lost up to forty (40) hours per week. Employees who
work a regular shift between the hours of 11:00 p.m. and 7:00 a.m. and who are summoned to
jury duty the day preceding their regular shift, shall be carried on leave of absence with pay for
their regular shift. All employees released early from jury duty shall report back to work during
their regular work schedule or shall forfeit the City compensation for Jury Duty for all hours
they are absent.
33.2 In consideration of receiving their regular pay, employees called to serve on Jury
Duty shall promptly notify their supervisor of the call to Jury Duty. The supervisor shall make
a copy of the summons to Jury Duty and forward said copy with the payroll sheets for the week
in which the employee is on Jury Duty.
Employees who serve as jurors for Federal Court shall have deducted from their
paycheck a jury duty fee equal to that compensation paid to the employee by the Federal Court
in his/her jurisdiction per day in the payroll period following the week in which the employee
was on Jury Duty.
Employees who serve as jurors for State and County Court shall not have Jury
Duty fees deducted for the first three (3) days of juror service. Employees who serve more than
three (3) days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to
45
that compensation paid to the employee by the State or County Court in his jurisdiction.
Any changes by the Courts in the above fees shall be reflected in the employee's
paycheck as they occur.
Where Courts provide free parking for jurists, employees will not be reimbursed
for any parking receipts submitted while attending such courts.
33.3 Attendance in court in response to legal order or subpoena to appear and testify
in private litigation not in connection with an employee's official duty, but rather as an
individual, shall be taken as vacation, compensatory leave, or leave of absence withoutpay.
33.4 When requests for appearances before the Civil Service Board require witnesses,
the Civil Service Office shall require that said requests delineate who are character witnesses
and who are witnesses testifying as to the incident at hand. Should the number of character
witnesses exceed two (2) then a statement from those additional character witnesses shall be
submitted to the Civil Service Board stipulating to the character of the employee on appeal
before the Civil Service Board.
Tentati
d to by:
AFS ME Loc 1907
46
City ol'Miami
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 34
COMMENDATION PAID LEAVE
34.1 A department director, upon approval by the City Manager, or designee, may grant
up to forty (40) hours of paid leave to any employee whose job performance is of such exemplary
or heroic nature as to warrant this special consideration. This Article shall not be subject to the
grievance procedure or arbitration.
Tentati to by:
AFSCME Loca 1907
47
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 35
PARKING
35.1 The City agrees to provide non -assigned parking space for all bargaining unit
employees who drive their personal automobiles to work. This parking space will be of at no cost
to the employee while the employee is on duty. The City will not assume the cost of parking for
those employees who may not desire to use the parking space provided by the City. Any
questions with regard to employee parking shall be reviewed and a determination made by the
Department of Human Resources designee and shall be final and binding.
35.2 The UNION President will meet and confer with the Department of Human
Resources designee on parking concerns should the need arise and the Department of Human
Resources designee will attempt to resolve said concerns consistent with budgetary constraints.
Tentativ Agr jto by:
AFSCME Loca \' 907
City of Miami
48
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 36
BLOOD DONORS
36.1 Employees who volunteer as blood donors to contribute to on -site City supported
Blood Donor Organizations as approved by the Department of Human Resources designee will
be authorized the paid absence necessary to accomplish this purpose. The Blood Donor
Organization's personnel will determine what amount of time the donor will need from the point
of donation until they are released to go back to work.
Tentative, Agreed . by:
AFSCME Local 19
49
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 37
VACATION
37.1 Vacations shall be taken by the last payroll period of the calendar year in which
the vacation was credited. Effective upon ratification of the labor agreement, employees shall
be allowed to carryover seven hundred (700) hours of the previous year's credited vacation. Any
excess vacation over the seven hundred (700) hours allowed carryover shall be forfeited after
January 1.t and no exceptions to the maximum carryover allowance shall be permitted absent
the express written approval of the City Manager. Bargaining unit members with unused
accrued vacation hours in excess of two hundred (200) hours as of September 30, 2010, shall
have those hours in excess of two hundred (200) grandfathered, and those employees with
grandfathered hours over two hundred (200) hours shall be allowed to carryover up to a
maximum of those hours or to a maximum of seven hundred (700) hours, whichever is greater,
from year to year. Employees who have been carried on full disability the entire previous year
shall be paid for all excess vacation over seven hundred (700) 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 seven hundred (700) hours which would have been
forfeited shall be paid on or about January 1, at the employee's hourly rate of pay.
37.2 Vacation shall be accrued in accordance with the following chart:
Years of Services Hours Accrue
50
1 - 5 years 96 hours
6 - 7 years 114 hours
8 years 116 hours
9 years 124 hours
10 years 132 hours
11 years 136 hours
12 years 140 hours
13 years 144 hours
14 years 148 hours
15 years 152 hours
16 - 20 years 174 hours
21 years 176 hours
22 years 180 hours
23 years 184 hours
24 years 188 hours
25 years 192 hours
26 years 196 hours
27 years 200 hours
28 years 204 hours
29 years 208 hours
30 years 212 hours
31 years 216 hours
32+ years 220 hours
37.3 An employee's annual vacation accrual shall be reduced for leaves of absence
without pay and suspensions. The employee's annual vacation accrual shall be reduced on a
yearly basis in accordance with the following schedule:
Hours Without Pay Penalty
88 thru 176 Hours 1 month annual vacation accrual
177 thru 349 Hours 2 months annual vacation accrual
350 thru 522 Hours 3 months annual vacation accrual
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523 thru 695 Hours
696 thru 868 Hours
869 thru 1041 Hours
1042 thru 1214 Hours
1215 thru 1387 Hours
1388 thru 1560 Hours
1561 thru 1733 Hours
1734 thru 1906 Hours
1907 thru 2080 Hours
4 months annual vacation accrual
5 months annual vacation accrual
6 months annual vacation accrual
7 months annual vacation accrual
8 months annual vacation accrual
9 months annual vacation accrual
10 months annual vacation accrual
11 months annual vacation accrual
12 months annual vacation accrual
37.4 Vacation leave must be requested twenty-four (24) hours in advance of use and
shall be taken in increments of not less than one (1) hour. On those occasions where more than
one employee in a classification has simultaneously requested vacation leave for the same period
of time, the leave shall be granted by classification seniority. Vacation leave may be granted by
the Department Director or designee on an emergency basis. Should such request be denied, the
employee may only appeal such denial to the Director of Human Resources or designee. Upon
an employee's retirement or separation from City service, the employee will be paid for those
vacation hours credited and earned through the employee's separation date.
37.5 Vacation shall be calculated on actual service in the previous calendar year and
shall only be taken after the completion of six (6) months of actual continuous service.
52
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 38
SECURITY OPERATIONS
38.1 The City and the UNION and its officers, agents and members recognize there
are assignments within the Miami Police Department where security of information is an
absolute necessity. Therefore, the Chief of Police at his sole discretion may reject an employee
to such assignment within the Miami Police Department when the Chief has reason to believe
that there is potential for the Security of the Department to be compromised.
38.2 Upon request of the UNION President, the Department of Human Resources
designee will review such denial of assignment. Said review will be final and the decision of the
Department of Human Resources designee will be binding and not subject to any appeal
procedure.
53
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
MARCH 7, 2024
(PLEASE REFER TO THE 4/26/2012 MEMORANDUM OF
UNDERSTANDING FOR SECTION 39.11)
ARTICLE 39
SICK LEAVE
39.1 The parties agree that care and discretion shall be exercised by
Management and the UNION in order to prevent the abuse of sick leave privileges.
Absences on account of trivial indispositions must be discouraged. To determine the
extent or reasons for an employee's absence on sick leave, the employee's immediate
supervisor outside the bargaining unit or management designee may visit the home
of the employee on sick leave with pay. In cases where Management suspects that
an employee is malingering, sick leave with pay shall not be granted.
39.2 Permanent bargaining unit employees may accrue eight (8) hours sick
leave per month, provided that the employee is in pay status at least one hundred
twenty (120) hours per month to be utilized in not less than one (1) hour increments.
39.3 New hires will accrue sick leave in accordance with Section 39.2 above.
However, no sick leave with pay shall be granted during the employee's first ninety
(90) working days.
39.4 To receive sick leave with pay, a bargaining unit employee must take
steps to notify his/her immediate supervisor or the person designated by the
Department to receive such notice of illness within thirty (30) minutes of their
regularly scheduled time for work, excluding the Fire and Police Departments
wherein departmental rules will apply. It shall be the bargaining unit member's
responsibility to notify the Department designee each day the employee will be out
ill within the time frames outlined above.
39.5 Bargaining unit members may be allowed to use accrued sick leave
when needed due to the serious injury or acute illness of any actual dependent
member of the employee's household. Said dependent member of the employee's
household shall be limited to the employee's immediate family. The immediate family
shall be defined as father, mother, sister, brother, husband, wife, domestic partner,
children, father-in-law, mother-in-law, grandparents, spouse's/domestic partner's
parents, grandparents, stepfather and/or stepmother.
39.6 In those instances where an employee has utilized all their sick leave,
they will be allowed to utilize vacation and/or compensatory leave for this purpose.
Employees will be required to provide a doctor's excuse in these instances. In those
instances where a permanent full-time employee or an employee's family member, as
defined by the Family Medical Leave Act, is affected by an illness or injury, and the
employee has depleted his or her sick leave, vacation leave, and compensatory leave,
bargaining unit members may donate vacation, sick and/or compensatory leave to the
affected employee's time bank. The time being donated will be prorated in accordance
with APM-1-92, Section 3. There shall be no maximum on the number of hours
permitted for donation.
S� F
39.7 Any employee absent on sick leave for more than three (3) consecutive
work days must report to the Department of Human Resources and obtain approval
before returning to work. The Department of Human Resources will have the City
designated physician prepare a list of those medical illnesses or injury that will
require the employee to be sent to the City doctor's office prior to being cleared to
return to work. Those medical conditions which are minor in nature and not on the
prescribed list will only require the employee to report to the Human Resources
Department for clearance to report to work.
39.8 Bargaining unit employees who exercise normal retirement shall
receive a cash payment equal to one hundred percent (100%) of their unused
accumulated sick leave up to eight -hundred an.a f rty-six (846) nine -hundred forty-
two (942). Bargaining unit members with accumulated sick leave balances over seven
hundred and fifty (750) hours as of September 30, 2010, will have their balances in
excess of seven hundred and fifty (750) hours grandfathered. Upon exercising normal
retirement bargaining unit members shall be paid for fifty (50%) of those unused
grandfathered sick leave hours in excess of seven hundred and fifty (750) hours in
their bank.
39.9 Employees who terminate employment with the City under honorable
conditions shall receive a sick leave cash payout as follows:
More than 7, but less than 15 years of service
25% up to 846 942 hours, or up
to a maximum of their unused
grandfathered sick leave hours
in excess of seven hundred and
fifty (750) hours.
More-thari 15 years of service
50% up to 844 942 hours, or up
to a maximum of their unused
grandfathered sick leave hours
in excess of seven hundred and
fifty (750) hours.
39.10 Employees who are terminated shall not receive compensation for
unused sick leave urn eparati
39.11 ctiv
fservice or retirement.
3.. A a bargaining unit member's maximum
sick leave carryover from calendar year to calendar year shall not exceed nine-
hundred forty-two (942) eight h..n li,e€ „na f „ty-rnx (Q46) hours or the number of
unused accumulated sick leave hours in excess of the seven hundred and fifty (750)
hours grandfathered as of September 30, 2010, and any hours accrued in excess of
the maximum carryover in a given year are not permitted to be carried over by the
bargaining unit member. Bargaining unit members with unused accumulated sick
leave hours in excess of maximum carryover at the end of the year shall be paid for
one hundred percent (100%) of the unused portion of their accumulated sick leave in
excess of the maximum carryover.
39.12 Payoff for accumulated sick leave shall not be used to calculate
average earnings for pension purposes.
39.13 Employees with ten (10) or more years of service who are laid off under
honorable conditions may repurchase sick leave for which they were paid off at the
time of separation, subject to the following conditions:
1) They are rehired within twelve (12) months from the date of
their separation.
2) They remit to the City an amount equal to their hourly rate in
their rehired position multiplied by the number of hours of sick
leave for which they were previously paid. This buy back
option must be exercised and paid for within thirty (30) clays
from the date the employee returns to the employ of the City.
3} If the buyback option is properly exercised, the City will credit
the employee with the balance of sick leave hours credited to
his account as of the date the employee was laid off.
39.14 In recognition of those employees who display perfect attendance in
any one calendar year, the City will present the employee with a certificate of
appreciation. There will be an annual drawing of one hundred (100) employees by an
individual selected by the Director of Human Resources or designee and the UNION
President from the pool of eligible employees with perfect attendance. Each of the
one hundred (100) employees whose name is drawn shall receive a one hundred dollar
($100) cash prize. In order to qualify for perfect attendance recognition, the employee
must not have utilized any sick leave, nor been on disability, nor have been in any
without pay status during the year.
Tentat • ly A:,eed to by:
AFSCME Loca 1907
ARTICLE 40
TARDINESS
40.1 Tardiness is reporting for work in excess of five (5) minutes beyond the scheduled
starting time of the shift (or as provided in Police or Fire Department rules). Approved pre-
arranged time off shall not be considered an instance. Unexcused absences resulting in
tardiness shall be counted as an "instance." When an employee reports to work within a period
that is more than five (5) minutes after his/her scheduled starting time, and provides an excuse
that is acceptable in the sole discretion of Management, which shall not be arbitrarily or
capriciously applied, the employee may elect to utilize vacation, compensatory time or sick
leave. Election of vacation, compensatory time or sick leave for an excused tardiness shall be
taken in fifteen (15) minute increments. An annual period shall be defined as a twelve (12)
month period beginning with the occurrence of the employee's first tardiness instance.
Management may, in its discretion, allow an employee to utilize vacation, compensatory
time or sick leave for a tardiness even if the tardiness is unexcused.
40.2 Employees shall be disciplined for instances of tardiness in an annual period in
accordance with the following schedule:
Number of Tardy Instances Discipline
3rd instance in annual period Written warning
6th instance in annual period
10th instance in annual period
11th instance in annual period
12th instance in annual period
Written reprimand
Three (3) day suspension
Fourteen (14) day
Suspension
Dismissal
Disciplines issued pursuant to the schedule shall not be
progressive discipline after the annual period expires.
63
considered
for purposes of
40.3 Tardiness appeals shall only be appealable through the Grievance Procedure
Article as set forth in the Agreement. Exceptions to the above schedules may be granted by the
Director of Human Resources or designee, if the individual circumstances warrant such action.
For e Gi
Date:
/C(,;(- ( a )
)‘
For the 'on
64
ARTICLE 41
FAMILY MEDICAL LEAVE AND LEAVE WITHOUT PAY
41.1 Bargaining unit members may request a leave without pay in accordance with
the Family and Medical Leave Act of 1993, as amended. Such leave is provided under the law
for birth, adoption or foster care of a child and for a serious health condition of the employee or
the employee's spouse, child, parent or grandparent, eligible deployment return from
deployment rights or any other FMLA eligible event. Employees taking leave under the Family
and Medical Leave Act (FMLA) shall be limited to a ninety (90) day FMLA leave, or twenty-six
(26) workweeks FMLA leave for the care of a covered service member, in a 12-month period. An
extension of an additional ninety (90) day of leave without pay may be granted upon request to
the Director of Human Resources or designee as specified under Section 41.3. Upon approval of
such extension, the employee will be required to pay the full premium amount for health
insurance coverage.
41.2 Upon approval of the Department Director, with the approval of the City
Manager or the Director of Human Resources or designee, a leave without pay may be granted, for
the purpose of training or study calculated to improve the quality of the employee's service to the
City through course work directly related to the employee's job for up to six (6) months. The request
for leave without pay may be extended for an additional six (6) months upon the approval of the
Department Director and approval of the City Manager or the Director of Human Resources or
designee. Any bargaining unit employee requesting said leave of absence shall be required to submit
evidence of registration upon entering each quarter/semester of school.
92
41.3 Upon approval of the Department Director, with the approval of the City
Manager or the Director of Human Resources or designee, a leave without pay may be granted,
for an acceptable reason other than specified herein, for a period not to exceed ninety (90) day
calendar days. Approval for said leave of absence without pay is at the sole discretion of the City
Manager or Director of Human Resources or designee and shall not be appealable to the Civil
Service Board or the grievance procedure.
41.4 Bargaining unit employees who desire to take a leave without pay for any reason
specified in this Article, excluding a serious health condition, must exhaust their vacation and
leave banks prior to taking a leave without pay. A request for leave without pay for a serious
health condition as provided under the Family and Medical Leave Act shall require the
bargaining unit employee to use all sick and vacation banks prior to taking such leave. The usage
of such leave time will not prohibit the employee from taking leave without pay as specified
herein.
41.5 Bargaining unit employees who take a leave without pay for any reasons specified
in this Article shall not accrue leave time. At the expiration of a leave of absence without pay, the
bargaining unit employee shall be returned to the same or similar position vacated when said leave
of absence without pay was granted, in accordance with the provisions of the Family and Medical
Leave Act. Leave of absence without pay during the required probationary period of service shall
extend the probationary period the length of time used during the said leave of absence without
pay.
93
41.6 The acceptance of another position or engaging in other employment by the
bargaining unit employee while on a leave of absence without pay shall be deemed a voluntary
resignation frc the service of the City of Miami.
For the
(t)(-241-.2
Date
91
For the Union
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 42
LABOR/MANAGEMENT PARTNERSHIP COMMITTEES
42.1 A Departmental Labor/Management Partnership Committee may be established
in each department of the City of Miami. Said Committee membership shall include
representatives from classified support staff (M/C), unclassified staff, executives and the
AFSCME bargaining unit dues and non -dues paying members.
42.2 The Departmental Labor/Management Partnership Committee may meet at least
once a month, and such meetings shall be scheduled during normal business hours. The purpose
of these meetings will be to discuss quality of work -life, productivity, service, communication
and objectives of mutual concern, not involving matters which have been or are the subject of
collective bargaining between the parties. It is understood that these Departmental
Labor/Management Partnership Committee meetings shall not be used to renegotiate the labor
agreement between the City and AFSCME. All decisions made by the Departmental
Labor/Management Partnership Committee shall be by affirmative consensus.
42.3 The Departmental Labor/Management Partnership Committee meetings shall be
conducted on a semiformal basis with the selection of a chairperson to be determined by the
members of the Committee. Length of participation of Committee members shall be determined
by the Departmental Labor/Management Partnership Committee. The chairperson shall
54
arrange for minutes to be taken of each meeting and for the distribution of copies to each
member of the Committee, the UNION President, and the City's Human Resources Director or
designee.
Tentativ
o by:
AFSCME Local 1907
55
City of iarni
ARTICLE 43
BEREAVEMENT - DEATH IN FAMILY
43.1 Bargaining unit members may, in the case of death in the immediate family, be
authorized up to a maximum of forty (40) hours of paid leave to attend to funeral or estate
related functions of a member of the employee's immediate family, or is at home in a state of
bereavement. Said paid leave days shall be taken consecutively by the employee excluding
normal days off and holidays. For purposes of this Article, the "immediate family" is defined as
father, mother, sister, brother, husband, wife, domestic partner, children, father-in-law,
mother-in-law, grandparents, spouse's/domestic partner's parents, grandparents,
grandchildren, stepchildren, stepfather and/or stepmother and may include any other person
who was or has been an actual member of the employee's household for ten (10) or more years.
Within thirty (30) calendar days from the date the employee returns from a death in the family,
the employee will file a copy of the death certificate of the deceased family member. Said death
certificate will be attached to the form provided by the City and submitted to the Human
Resources Department. Failure to produce the death certificate will result in the employee
reimbursing the City for any days taken under this Article. Any employee found to have falsified
his/her application for death in the family ("K" day) will be dismissed.
43.2 It is understood that under certain circumstances the employee will be unable to
obtain a death certificate. In this event, in lieu of a death certificate, the employee shall submit
a notarized statement or any other documentation that reflects the death and family relation
as deemed appropriate by the Department of Human Resources or designee.
43.3 Bereavement leave is for attending a funeral or to attend to estate issues or in a
state of bereavement and must be taken within 45 days of the death of the family member. The
Director of the Department of Human Resources or designee, at his/her sole discretion, can
make exceptions to the 45 day limit under truly unique circumstance, but the decision is final
and cannot be appealed through the grievance procedure or any other forum.
68
Date:
Fothe UnR3n
69
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 44
MILITARY LEAVE
44.1 The City shall abide by the current provisions of the Florida Statutes, Sections
115 and 250 as they relate to all bargaining unit employees who are either reserve officers or
enlisted personnel in the Florida Defense Force, the National Guard, Naval Militia, Marine
Corps, U.S. Army Reserve, U.S. Naval Reserve, U.S. Marine Corps Reserve, U.S. Coast Guard
Reserve, U.S. Air Force Reserve or officers or enlisted personnel in any other class of the militia
entitling the employee to leave of absence from their respective duties without loss of pay, time,
efficiency rating or Civil Service seniority credits on all days during which they shall be engaged
in field or Coast Guard defense exercises or other training ordered under the provisions of the
U.S. Military or Naval Training regulations or under the provisions of the Florida Defense Force
or the National Guard; provided that leaves of absence granted as a matter of legal right under
the provisions of this section shall not exceed seventeen (17) days in any one calendar year
unless other local, state or Federal laws which may be applicable grant additional time.
44.2 Requests for military leave shall be made to the Department of Human Resources
designee as early as possible but at least two (2) weeks prior to the date such leave commences
with proper orders attached.
44.3 Employees who take the military leave provided in this section shall be credited
with that time on their seniority status, in the City of Miami Civil Service Records -Department
of Human Resources.
Tentativel, AgreJo by:
AFSCME Local 1 907 City of Miami
58
ARTICLE 45
HOLIDAYS
45.1 The following days shall be considered holidays:
New Year's Day Columbus Day/Indigenous Peoples' Day
Presidents' Day Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
Dr. Martin Luther King's Birthday Juneteenth
45.2 Any additional holidays declared by official directive of the City Manager
shall be added to the above list.
45.3 Hourly/Non-Exempt employees performing work on any of the above
holidays shall be paid eight (8) hours holiday pay (or the number of hours equal to
the employee's regularly scheduled daily work shift, whichever is greater) plus actual
hours worked at time and one-half of their straight time hourly rate, or shall be given
scheduled compensatory time off at the rate of time and one-half for the hours
actually worked on the holiday. Non-hourly/Exempt employees performing work on
any of the above holidays shall, in addition to receiving their regular salaries, have
their schedules temporarily adjusted during the same week, resulting in the
employees having another day off in lieu of the City recognized holiday.
45.4 All conditions and qualifications outlined in Article 27, titled
"Overtime/Compensatory Time", shall apply to this Article. Hours of compensatory
time accumulated under this Article, when added to the compensatory time earned
under the Article entitled "Overtime/Compensatory Time", shall not exceed one
hundred fifty (150) hours.
45.5 To be eligible for holiday pay, an employee must work a full shift or be
in a paid leave status on the scheduled workdays which immediately precede and
follow the holiday. If an employee works at least seven (7) hours of his/her regular
shift, the employee will either be charged one (1) hour from either his/her
compensatory time or vacation leave bank, or carried in without pay status at the
sole discretion of the supervisor. An employee who works at least seven (7) hours as
described in this section shall be eligible for holiday pay.
45.6 In the event that the holiday falls on an employee's regularly scheduled
day off (not requested day off), the following will occur. For hourly/non-exempt
employees, the City will award compensatory time equivalent to that employee's
regularly scheduled daily work shift, which may be utilized in accordance with Article
27. For non-hourly/exempt employees whose scheduled day(s) off corresponds with a
City -recognized holiday, the City will temporarily adjust the employee's schedule
during the same week, resulting in the employee having another day off in addition
to the Citrecognizedholiday.
For te Cit
Date
r
17
ARTICLE 46
PROMOTIONS
46.1 Qualified applicants for promotion to any bargaining unit position shall be
selected for interview in the following order, unless otherwise prohibited: 1) A minimum of seven
(7) bargaining unit applicants employed in the same Department in which the vacancy exists
(so long as at least seven (7) bargaining unit members within that Department apply), and 2)
Other applicants.
For purposes of clarity, if the City interviews more than seven (7) applicants for an open
bargaining unit position for whatever reason, the City may interview bargaining unit and/or
non -bargaining unit applicants outside of the Department and/or outside of the City once they
have complied4ith subsection 1, above.
For the City
Date:
For the nion
i
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 47
RESIDENCY
47.1 It is agreed by the parties that while residency is not a condition of employment
a candidate that is otherwise equally qualified will be given, at time of hire, preference for
employment in order of domicile as follows: (1) City of Miami resident, (2) Miami -Dade County
resident, (3) resident outside of Miami -Dade County.
Tentatively by:
AFSCME Local 1907
59
ARTICLE 48
TOTAL AGREEMENT
48.1 This Agreement, upon ratification, constitutes the complete and entire agreement
between the parties, and concludes collective bargaining for its term.
48.2 The parties acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with
respect to any subject or matter not removed by law from the area of collective bargaining, and
that the understandings and agreements arrived at by the parties after the exercise of that right
and opportunity are set forth in this Agreement.
48.3 The parties agree that this Collective Bargaining Agreement represents the total
agreement for terms and conditions of employment during the life of this contract and no request
shall be made to increase wage or other employee benefits through the Civil Service Board, City
Manager or the City Commission during the life of this Collective Bargaining Contract.
Date: /D(/
a-3
For the Unic�h
73
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 49
SAVINGS CLAUSE
49.1 In the event any article, section or portion of this Agreement should be held
invalid and unenforceable by any court of competent jurisdiction, such decision shall apply only
to the specific article, section or portion thereof specified in the Court's decision, and that portion
of this Agreement in conflict shall be null and void but the remainder of the Agreement shall
remain in full force and effect, with it being presumed that the intent of the parties was to enter
into the Agreement without such invalid portion or portions.
49.2 The City's representatives as defined in Article 2 and the UNION's
representatives as defined in Article 3 shall promptly meet to negotiate a substitute for the
invalidated article, section or portion thereof as might be determined in accordance with Section
49.1 of this Article.
49.3 Notwithstanding any other provisions of this Agreement, the employer may take all
actions necessary to comply with the Americans with Disabilities Act.
Tentati e y Ag ( . to by:
AFSCME Loca 07 City of M
61
ARTICLE 50
SENIORITY
50.1 For purposes of this article, seniority shall be defined as the most recent date of
hire into a classification within the bargaining unit with the City unless otherwise agreed upon
by the UNION President and the Director of Human Resources or designee.
50.2 Seniority shall only be applied in the assignment of days off in units with two (2)
or more shifts. Seniority shall not be a prevailing factor for assignment or promotion to a unit,
section or division within a department.
50.3 Exceptions to the use of seniority as specified in 50.2 may occur in an emergency
situation, when physician ordered, for training purposes, when language skills are needed,
compliance with the Americans with Disabilities Act, when special knowledge or skills are
needed as mutually agreed upon by the City and the UNION, or when mutually agreed by the
affected employees and management through the labor/management process.
50.4 Once every October, shift assignment and days off will be re -bid by seniority.
For the Union
Date:
74
AFSCME LOCAL 1907 AND CITY OF MIAMI NEGOTIATIONS
UNION PROPOSAL
FEBRUARY 1, 2023
ARTICLE 51
LEAVE BALANCE PAYOFFS
61.1 Employees electing to retire and upon separation will receive payment of leave
balances upon retirement as currently specified under this agreement.
Tentativel to by:
AFSCME Local
62
ARTICLE 52
PENSION
52.1 The parties agree that for the term of this agreement the pension benefits and
employee contributions of employees covered by this agreement shall be as provided in the City
of Miami General Employees' and Sanitation Employees' Retirement Trust Section 40-241
through 40-290, Miami City Code ("GESE"), as amended except as follows:
52.2 The parties agree that effective October 1, 2011, the GESE amortization periods
will be revised to add 5 years to the existing amortization periods and change periods for future
amortizations as follows:
A. Plan benefit changes for active employees over 20 years (currently 15).
B. Plan benefit changes for retired employees over 15 years (no change).
C. Assumption changes over 20 years (currently 15).
D. Experience Gains and Losses over 20 years (currently 15).
52.3 Effective 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 or DROP entry based on the normal form of benefit in effect on the date of
retirement for members eligible to retire as of October 1, 2012; and 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 or DROP entry based on the normal form of benefit
in effect on the date of retirement for members who were not eligible to retire as of October 1,
2012; provided that any employee who has an accrued benefit in excess of these annual
allowance caps shall retain that benefit.
52.4 BACKDROP option. A backdrop benefit option shall be implemented on January
1, 2013. The Backdrop option shall replace the existing DROP program. Employees who have
not attained normal retirement eligibility as of the effective date or were not vested by October
1, 2010, and all employees hired on or after that date, will be eligible for the Backdrop option,
but will not be eligible for the DROP. Anyone eligible for the forward DROP as of January 1,
2013, remains eligible for the forward DROP as it presently exists and anyone eligible for the
forward DROP as of January 1, 2013 or vested prior to October 1, 2010, who chooses not to enter
the forward DROP remains eligible for the Backdrop.
(a) An eligible employee who elects the Backdrop option shall receive a monthly benefit payable
on the employee's actual retirement date (date of retirement and separation from City
employment) based on the benefit the employee would have received if he/she had left City
employment and retired on an earlier date after attaining normal retirement eligibility (the
Backdrop date"). In addition, an eligible employee who elects the Backdrop option will receive
a lump sum payment equal to the accumulation of monthly retirement benefit payments he/she
would have received during the period following the Backdrop date through the actual
retirement date (Backdrop period"), plus interest at the rate of 3% per year, compounded
annually. An eligible employee may elect a minimum Backdrop period of 1 year and maximum
Backdrop period of up to seven years. An eligible employee who elects the Backdrop option must
select the normal form of benefit or an optional form of benefit at the time of electing the
Backdrop option. The employee's monthly benefit as well as the lump sum payment under the
Backdrop option is based on the form of benefit selected.
(b) Employees are eligible to elect the Backdrop option after completing one year of creditable
service following the normal retirement date. A Backdrop election must be made within 10
years after becoming eligible for normal retirement. The maximum Backdrop period is 7 years.
Eligible employees who wish to elect the Backdrop option must provide written notification to
the City at least 8 months prior to the employee's retirement date; provided a lesser notice
period may be approved by the City Manager due to special circumstances. Bargaining unit
members will be eligible to revoke their Backdrop election one time, but within 1 month of their
election. However, if a bargaining unit employee is granted a lesser notice period by the City
Manager due to special circumstances, the employee will not be eligible for the one-time
Backdrop election revocation. Employees are not required to elect the Backdrop option.
(c) All or a portion of the lump sum payment under the Backdrop option may be rolled over to
an eligible retirement plan or IRA in accordance with federal law.
52.5 The employee pension contribution shall be 10%.
If the back DROP is ever terminated, for any reason, the rights of all persons then in the
DROP shall not be diminished or impaired. Additionally, if the back DROP is ever terminated,
all persons who are then eligible for a back DROP will still he eligible for a 7 year back DROP.
The Board of Trustees of GESE shall develop operational rules for the implementation of this
provision.
52.6 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
3
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.
Effective October 1, 2023, the service retirement benefit for employees hired after October
1, 2010 shall be equal to: for the first 20 years of creditable service, two and one-half percent
(2%%) of the member's average final compensation multiplied by the number of years of
creditable service; and three percent (3%) of the member's average final compensation
multiplied by the number of years of creditable service in excess of 20 years. 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.
52.7 Upon retirement, bargaining unit members shall receive a retroactive salary
increase of five percent (5%) for the bargaining unit member's highest one (1) year's salary. The
five percent (5%) salary increase shall be reflected in the hourly pay rate for the purpose of
calculating leave balance payoffs. The five percent (5%) salary increase shall not be applicable
to overtime.
52.8 For employees hired prior to October 1, 2010, effective September 30, 2020, a
member who separates from employment with ten or more years of service shall be considered
eligible for a service retirement upon attaining the earliest of the following: (a) age 55 with ten
4
czt
years of creditable service, or (b) the completion of a combination of years of creditable service
plus attained age equaling 70 points.
52,9 Effective September 19, 2022, notwithstanding any provisions to the contrary in
this Agreement, including 52.4, 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 for•iE,ie backdrop.
For the City
Date: c3 a el:
For the Union
5
ARTICLE 53
TERM OF AGREEMENT
53.1 After a majority vote of those bargaining unit employees voting on the question
of ratification and thereafter upon its ratification by an official resolution of the City
Commission ratifying the Agreement and authorizing the City Manager to sign the Agreement
on behalf of the City, then, the Agreement, upon being signed by the appropriate UNION
representatives and the City Manager, shall become effective October 1, 20230 or as set out
below, whichever date is later. The Agreement shall continue in force and effect until 11:59
p.m., September 30, 20262.
53.2 On or before February 1, 20263, the UNION shall notify the City in writing of its
intention to renegotiate the Agreement in force, and attached thereto shall include a list of
proposals which shall inform the City of the items which they desire to negotiate, together with
specific language embodying and describing their proposals. The changes indicated in the
proposals shall be designated with a strike through of deleted language and new language will
be underlined.
53.3 On or before March 1, 20263, the City shall present the UNION with a list of
proposals it desires to negotiate. The changes indicated in the proposals shall be designated
with a strike through of deleted language and new language will be underlined.
53.4 Initial discussions shall thereafter, and no later than April 1, 20263, be entered
into by the City and the UNION.
s'A-17
Agreed to this day of , 2024-1, by and between the respective parties
through an authorized representative or representatives of the UNION and by the City
Manager.
ATTEST: MIAMI GENERAL EMPLOYEES
AFSCME LOCAL ##1907, AFL-CIO
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
CITY CLERK
For the City
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTO EY
F r the Union
Date: D3 i-
ARTICLE 54
HEALTH AND SAFETY
54.1 It is the responsibility of the City to provide safe and sanitary working
conditions and to abide by all applicable state and federal laws and regulations
regarding the health and safety of the bargaining unit.
54.2 The City agrees to follow the guidelines issucd by the Centers for
Discasc Control and Prevention (CDC) relating to COVID-19.
54.23 Employees shall be permitted to wear facial coverings while at work.
54.34 Soap and hand sanitizer shall be readily available in all bathrooms.
54.45 Both parties agree to engage in continuous labor management
discussions over issues related to COVID-19 as they may arise.
For the City
Date
or the Union
MEMORANDUM OF UNDERSTANDING
City of Miami & AFSCME, Local 1907
Thin Memorandum of Understanding is entered into this 4"_ day of
, 2012 between the City of Miami ("City") and the Miami General
Employees, American Federation of State, County, and Municipal Employees, Local
1907, (jointly "the Parties") to clarify the 2011-2012 collective bargaining agreement
("CBA") as follows:
WHEREAS, the Parties mutually agree to clarify Article 4.1, Article 24.7 and
Article 39 of the existing CBA to reflect the intent of the Parties during collective
bargaining negotiations; and
NOW THEREFORE, the Parties agree as follows:
I. ARTICLE 4 — MANAGEMENT RIGHTS
WHEREAS, Article 4 specifically 4.1 provides "The parties agree to a sunset
provision that begins at the ratification of this labor agreement wherein any MOU that is
not included with the labor agreement prior to the expiration of this agreement will be
considered null and void..."
NOW THEREFORE, the Parties agree that the MOU's in existence on
September 30, 2011 (attached hereto) shall be incorporated as part of the 2011-2012
collective bargaining agreement between the parties.
II. ARTICLE 24.7 — WAGES
WITLrRE e Q Article )4 pecrf tally Article 24.7 provides "l rgsining unit
employees who are assigned a 24-Holm Take Home Vehicle and who reside within the
city limits of the City of Miami shall reimburse the City $50 a month for the benefit of
the assigned 24-Hour Take Home Vehicle..."
NOW THEREFORE, the Parties agree that Bargaining unit employees who are
assigned a 24-Hour Vehicle and who reside within the city limits of the City of Miami
shall not reimburse the City for the benefit of the assigned 24-Hour Take Home Vehicle.
III. ARTICLE 39 — SICK LEAVE
WHEREAS, Article 39 specifically Article 39.11 provides `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.
1
NOW THEREFORE, the parties agree Bargaining unit members with unused
accumulated sick leave hours in excess of the maximum carryover at the end of the year
shall not be paid for any unused portion of their accumulated sick leave in excess of the
maximum carryover.
ON BEHALF OF THE UNION:
Anthony IIatten
President, AFSCME Local 1907
ON BEHALF OF THE CITY:
Johnn Martinez
City nager
2
City of Miami
Resolution R-24-0013
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15103 Final Action Date: 1/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE
MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 871, AFL-CIO, FOR THE
PERIOD OF OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The collective bargaining agreement, between the City of Miami and the
employee organization known as the Miami General Employees American Federation of State,
County, and Municipal Employees Local 871, AFL-CIO, for the period of October 1, 2023
through September 30, 2026, is approved subject to ratification by the respective union.
Section 2. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity a ttor
ey ) 11/27/2023
City of Miami Page 1 of 1 File ID: 15103 (Revision:) Printed On: 10/1/2024
ARTICLE 1
RECOGNITION
1.1. The bargaining unit is as defined in the Certification issued by the Florida Public
Employees Relations Commission on November 1, 2000, (Certification No. 1304, Case no. RC-
2000-032, EL-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:.
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:
2
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.
10
For the Cit
a(p-3
Date Y
11
or the 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.
5
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: J6"/ /2-
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.
7
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: 73 ld
(it
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 ccrtifi d bargai„ing
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
eh 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 employee's salary earnings within any pay period, after deductions
for withholding, Social Security, retirement, group health insurance, and other priority
deductions, are not sufficient to cover dues, it will -be th
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
9
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
and employees harmless against any claim, demand, suit or liability (monetary or otherwise), and
for all legal costs arising from any action taken or not taken by the City, its officials, agents and
employees in complying with this Article. The Union shall promptly refund to the City any funds
received in accordance with this Article which are in excess of the 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
showing he name of each employee from whose pay such deductions have been made the amount
deducted during the period covered by the remittance. The Union shall indemnify, defend and
7
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.
10
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— ?
11
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.
For the City
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.
Date:
#52051980 vl
/11.7 b23
I2
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.
For the Cit
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:
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
24
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.
For the Ci
Date: /?-7
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
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�(ppi p
Date II n
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'h the employee and the Department.
For the City
Date: 1.94/ (D-7
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 Q2. 25
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.
�r
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, 20232026, 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.
Fob' t'e Ci
Date: 11 I 1
For e Union
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 / -D9-3
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 designef the City Manager.
Date:
43
For t!e Union
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.
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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
52
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 this4rticle. Article 7 shall not apply to this section.
For the City For he Union
9-3
Date
53
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 1 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.
For the Union
#5205I983 v1
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 11
#52051985 vi
For tke Union
Date:
z/dcqw
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.
63
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
'J"Z"
For the Union
65
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 8-9 ?)`" `-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.
73
For the City
Date: q(0(4
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.
73
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
grievanc1orocedures contained herein or of any other administrative review.
For the Ci
1 11)// 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.
73
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)
-0(0 ?
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.
For ' he City
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
n(\,
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. (r)_((..
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
�,_,� . ,.�,,, , t
Tuition Reimbursement form for each course provided by-rr;�r�-�«ter-���n �ar�x.-z--��t e 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 termination 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 the C
Date: % 1 �'� 1
For t e Union
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 ii,(223
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 agreement(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.
Aciik
For the City
Date: Oil /23
#52051990 vl
\Ta—
For the Union
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:
13)
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 cl the Unin.
For the City
Date: 1 1
City of Miami
Legislation
Ordinance: 13203
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01093 Final Action Date: 9/27/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40,
ARTICLE IV, DIVISION 3 ENTITLED "PERSONNEL/PENSION AND RETIREMENT
PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTIONS 40-241,
40-246 AND 40-255 MAKING CHANGES TO THE NORMAL RETIREMENT DATE,
BENEFIT FORMULA, MAXIMUM BENEFIT, NORMAL BENEFIT FORM, AND
AVERAGE FINAL COMPENSATION; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Section 447.4095, the Miami City Commission, on August 31, 2010, made
changes to certain wages, healthcare and pension benefits effective September 30, 2010, in the
collective bargaining agreement between the City of Miami and Miami General Employees, American
Federation of State, County and Municipal Employees, Local 1907, AFL-CIO and the Florida Public
Employees' Council 79, AFSCME, AFL-CIO, Local 871;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 40/Article IV/Division 3 of the Code of the City of Miami, Florida, as amended,
is amended in the following particulars:{1}
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
DIVISION. 3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST
Sec. 40-241. Definitions.
The following words and phrases as used in this division shall have the following meanings:
City of Miami
Page 1 of 15 File Id: 10-01093 (Version: 2) Printed On: 10/1/2024
File Number: 10-01093 Enactment Number: 13203
*
*
Average final compensation shall have a meaning dependent upon the date of hire and
the date of termination of service of the member. The two periods of time for which average
final compensation is determined are:
(a) For members who became employed before May 24, 1984, and whose active
membership in the Plan did not cease before May 23, 1985. In the case of such
members, average final compensation shall mean the highest compensation of
that member during any one year of membership service. The highest one year
of compensation shall not exceed the second highest year of compensation by
more than 15 percent excluding any difference due to longevity, anniversary and
negotiated cost of living increases. The term "year" shall be calculated using the
highest 12 months of compensation, but the months need not be consecutive.
(b) In the case of a member who becomes an employee on or after May 24, 1984 and
who retires or terminates employment with ten or more years of creditable
service prior to October 1, 2010 or for an employee whose service has
previously ended or who is not a member absent from service, but recommences
on or after May 24, 1984 who retires or terminates employment with ten or more
years of creditable service prior to October 1, 2010, average final compensation
shall mean the average annual compensation of the member during the last two
years of membership service, or the highest two years of membership service,
whichever is greater. In the case of the highest two years of membership
service, the years need not be consecutive. The term "year" shall be calculated
using the highest 12 months of compensation, but the months need not be
consecutive.
(c) Effective September 30, 2010, for members employed on that date who retire on or
after October 1, 2010, average final compensation shall mean: average of
highest 5 years of the last 10 years of service, to be phased in over the next 3
years as follows: average final compensation for members who retire on or after
October 1, 2010 and on or before September 30, 2011 will be based on the
average of the highest three years of membership service; for members who
retire on or after October 1, 2011 and on or before September 30, 2012, it will be
based on the average of the highest four years of membership service; and for
members who retire on or after October 1, 2012, the average of the highest five
years of the last 10 years of membership service. Provided, in no event shall the
average final compensation of any member who is employed on September 30,
2010 and retires on or after October 1, 2010, be less than the member's average
final compensation as of the date of the plan change.
*
*
*
Normal retirement age shall mean age 55 for members employed on September 30, 2010 who have
attained age 55 by that date and members who retire or terminate employment with ten or more years
of creditable service prior to October 1, 2010. Normal retirement age shall mean the earlier of age 60
with ten years of creditable service or age 55 with thirty years of creditable service for members who
have not attained age 55 as of September 30, 2010 and all other members who retire on or after
October 1, 2010.
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Sec. 40-246. Contributions.
(a) Member contributions.
(1) Regular contributions of each member of the Plan shall be made each pay period at
the rate of ten percent of each member's earnable compensation. Effective
October 1, 2010, regular contributions of each member of the Plan shall be
made each pay period at the rate of thirteen percent of each member's earnable
compensation. Effective October 1, 2009, Miami General Employees American
Federation of State, County, and Municipal Employees, Local 1907, AFL CIO
and Florid oyees Council 79, AFSCME, AFL CIO, Local 871
bargaining unit members' regular contribution to the Plan shall be made each
pay period at the rate of thirteen percent of ch member's. rnablc
compensation. Effective October 1, 2010, Miami General Employees American
Federation of State, County, and Municipal Employees, Local 1907, AFL CIO
and Florideyees Council 79, AFSCME, AFL CIO, Local 871
bargaining unit members' regular contribution to the Plan shall be made each
pay period at the rate of ten percent of each member's earnable compensation.
Sec. 40-255. Benefits.
(a) Service retirement.
(1) A member in service may elect to retire on a service retirement upon the attainment
of retirement eligibility as defined in this section. An election to retire shall be
made upon a written application, prescribed by the board. Benefits shall be
effective on the date the application is approved in accordance with the
administrative rules adopted by the board.
(2) A member who retires or separates from employment with ten or more years of
service or who has attained eligibility for service retirement, before October 1,
2010 shall be considered eligible for a service retirement upon attaining the
earliest of the following:
a. The completion of ten years of credited service and the attainment of age
55; or,
b. Rule of 70 retirement. The completion of a combination of years of
creditable service plus attained age equaling 70 points. To be eligible for this
benefit, the member must have completed not less than ten years of creditable
service.
(3) The service retirement benefit for persons retiring after October 1, 1998, shall be
equal to three percent of the member's average final compensation multiplied by
the number of years of creditable service through September 30, 2010. Effective
October 1, 2010, the service retirement benefit for creditable service on and after
that date shall be equal to: for the first 15 years of creditable service, two and
one-fourth percent of the member's average final compensation multiplied by the
number of years of creditable service; for creditable service in excess of 15
years but less than 20 years, two and one-half percent of the member's average
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final compensation multiplied by the number of years of creditable service; and
for creditable service in excess of 20 years, two and three -fourths percent of the
member's average final 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 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.which amount shall be paid yearly in
monthly installments for the life of the mcmbcr. The bcncfit paid shall be the
benefit in effect on the date of separation.
(4) A member, other than a member who is eligible for service retirement pursuant to
subsection 2 above, who retires on or after October 1, 2010 shall be considered
eligible for a service retirement upon attaining the earlier of the following:
a. Completion of ten years of creditable service and the attainment of age
60; or,
b. Completion of thirty years of creditable service and the attainment of age
55.
c. Rule of 80 retirement. The completion of a combination of years of
creditable service plus attained age equaling 80 points. To be eligible for this
benefit, the member must have completed not less than 10 years of creditable
service.
Any member eligible for a service retirement may choose any of the optional
allowances provided in subsection 40-255(i+).
Notwithstanding any other provision of this Plan, any member who is employed and
not participating in the DROP on September 29, 2010 may elect to receive his/her
accrued benefit as of that date, in accordance with the provisions of the Plan in effect on
that date. Such members who elect to receive their accrued benefit as of September 30,
2010, at a date prior to the normal retirement age provided in subsection (4) above,
shall be eligible to receive that portion of their retirement allowance based on creditable
service on or after October 1, 2010, on the date and in the manner provided by the
provisions of the System in effect on the earlier of retirement or separation from service.
(b) Early service retirement.
(1) Any member who has 20 or more years of creditable service may elect to retire on a
retirement allowance which shall be the actuarial equivalent of the service
retirement allowance otherwise available to the member upon the attainment of
the date the member is eligible for service retirement in accordance with
paragraph (a)(2) or (a)(4) above, as applicable at the date of early service
retirementage 55. Such election shall be made upon a written application
prescribed by the board. Benefits shall be effective on the date the application is
approved in accordance with the administrative rules adopted by the board.
(2) A member eligible for early service retirement may choose any of the optional
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allowances provided for in subsection 40-255(i) of this Plan.
(3) A member who has elected to retire on an early service retirement shall not be
eligible to participate in DROP.
(c) Vested right to retirement.
(1) If a member who is not entitled to retire on either a service retirement or early
service retirement, ceases to be an employee for any reason other than death or
willful misconduct prior to October 1, 2010, the member may elect to continue as
a member not in service and retire upon the subsequent attainment of age 55, or
if a member who is not entitled to retire on either a service retirement or early
service retirement, ceases to be an employee for any reason other than death or
willful misconduct on or after October 1, 2010, the member may elect to continue
as a member not in service and retire upon attainment of age 60; provided:
a. That at the time the member ceased to be an employee, the member had
completed ten years of creditable service; and
b. That the member had not withdrawn his or her accumulated
contributions.
c. The retirement benefit shall be the same as a service retirement benefit.
(2) If a member who elects to become a member not in service subsequently elects to
withdraw his or her accumulated contributions, the member not in service shall
be paid the amount of his or her accumulated contributions at the time he or she
ceased to be an employee, plus regular interest.
(3) If a member not in service dies prior to retirement, his or her designated beneficiary
shall be paid the amount of his or her accumulated contributions at the time the
member ceased to be an employee, plus regular interest to the date of the
member's death.
(4) If a member elects a vested right to retirement under any city retirement program
and thereafter again becomes an employee more than three years after
separation, the member shall be eligible, before October 1, 2010, to combine
prior and new service for the purpose of Rule of Seventy (70) retirement, but
prior service shall be paid at the benefit rate in effect when vested rights were
elected. If the member is separated for less than three years, all service will be
combined for benefit calculation purposes. The member shall again be an active
member of the Plan on the date employment re -commences and the member
shall make regular contributions to the Plan at the rate prescribed by ordinance.
Such member shall be entitled to accrue retirement benefits as if the member
were a new entrant upon the date of subsequent employment, except as the
right to combine service as set forth in this paragraph and, in addition, shall be
entitled to receive a retirement benefit for his or her prior employment as
provided in this paragraph A second period of vesting shall not be required and
the member shall be eligible for all rights available to vested employees. This
provision shall also be applied to reemployed retired members, who have been
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retired for more than three years.
(5) A member may choose any of the optional allowances provided for in subsection 40-
255(1+) of this Plan at the time the vested retirement allowance commences.
(6) A member not in service shall not be eligible to participate in DROP.
(d) Ordinary disability retirement.
(1) Any vested member of the Plan who becomes permanently and totally incapacitated
for further performance of duty with the city from a cause other than the
performance of duty shall be eligible for an ordinary disability retirement.
(2) A member shall be deemed disabled for the purposes of this section if they are
permanently and totally unable to engage in any useful and efficient service
within the city workforce due to a physical or mental impairment.
(3) No member may receive an ordinary disability retirement on the basis of a
pre-existing medical condition, unless the disability would have occurred
regardless of that pre-existing condition. The board, as part of the disability
review process, shall determine whether a vacant position exists within the city's
workforce, consistent with the member's training, skill and medical limitations. If
the member is capable of performing any such vacant position and the member
refuses the assignment, that refusal shall be grounds for denial of an ordinary
disability retirement. Nothing in this section shall require the city to create a job
where none presently exists or to accept an employee who lacks the training or
skills necessary to perform any such vacant position.
(4) Benefits under this section shall commence on the date disability is determined to
exist by the board and shall continue for the life of the member. Benefits shall be
paid monthly and the member shall not be eligible for a return of accumulated
contributions or for any survivorship or other payment option provided under this
Plan.
(5) The procedure for determining disability shall be as set forth in this Plan for the
determination of service -incurred disability.
(6) The board of trustees shall have the continuing right to require disabled members to
submit to a medical examination when the board has reason to believe that the
disabled member is committing a fraud on the fund.
(7) Benefits payable under this section shall be the greater of 90 percent of the product
of the benefit multiplier in effect at the time the service is earned three percent
multiplied by the number of years of credited service; or 30 percent of the
member's average final compensation.
(8) Upon finding that a member is no longer disabled as defined in this Plan, ordinary
disability benefits shall cease, and the member shall be eligible for a regular
service retirement as if he had retired on the date his disability retirement
benefits commenced.
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(9) A DROP member shall not be entitled to receive an ordinary disability retirement.
(e) Accidental disability retirement -Job injury.
(1) A member shall be disabled under the terms of this section if the member has
suffered an injury or illness arising out of performance of service for the city and
which renders the member permanently and totally disabled for useful and
efficient service with the city.
(2) A member shall be deemed permanently and totally disabled when he or she is
totally unable to engage in any useful and efficient service within the city due to
a physical or mental impairment which is the natural and proximate result of an
accident, injury or illness which occurred while in the actual performance of duty;
provided, however, that said accident was without gross negligence on the part
of the member.
(3) A member shall be eligible for an accidental disability retirement from the date of
entry into the Plan. Application for disability retirement shall be made on a form
prescribed by the board of trustees. The member shall execute such medical
releases as are necessary to permit the board to review the medical records
needed to determine the question of disability and to discuss said records at a
public meeting. Upon receipt of an application for a disability, the board shall
refer the application to its physician for review. The applicant for a disability shall
be required to submit to such medical examinations as the board appointed
physician shall deem necessary. The board appointed physician, and any
referring specialists, shall report their findings to the board. The report shall
include a determination, to the extent reasonably possible, of the origin of the
disability, whether the disability is permanent and whether the disability is total.
In making those determinations, the physician(s) shall be bound by the definition
of disability set forth in this Plan.
(4) Upon receipt of the report of the board's physician(s), the board of trustees shall
schedule a public hearing at which time the board shall review all medical
reports, together with such documentary evidence as the applicant may wish to
submit. The board shall conduct a preliminary determination as to whether the
member is permanently and totally disabled based upon the written
documentation presented. If the board does not grant the application based on
the written documentation, it shall inform the applicant in writing of the reasons
for the denial of the application. The member may, within 30 days of receipt of
the board's preliminary denial, request a full evidentiary hearing before the
board. Said hearing will be conducted consistent with the principles of due
process and the rules of evidence generally applicable to administrative
proceedings shall apply. The board shall have the power to issue subpoenas
compelling the attendance of witnesses. At said hearing, the applicant may
present such oral and written evidence as the applicant deems necessary to
establish its burden of proof. The board may appoint special counsel as an
advocate to cross-examine witnesses and to offer argument in opposition to the
application. The attorney for the board shall not serve both as advocate and as
advisor to the board in the same proceeding. The applicant and the board shall
have the right to examine and cross-examine all witnesses. The decision of the
City of Miami
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(f)
board shall be based solely upon the evidence presented and the law applicable
to this Plan. Following the conclusion of the hearing, the board shall render an
opinion in writing setting forth the reasons for the grant or denial of the benefit.
(5) The board may prescribe rules of procedure to implement the provisions of this Plan
relating to the conduct of disability hearings.
(6) No applicant for an accidental disability retirement may receive benefits under this
section if the accident, injury or illness is shown to have occurred due to the
gross negligence on the part of the member. The term "gross negligence" shall
be defined as willful, wanton or malicious conduct on the part of the member
demonstrating a total disregard for human life, safety and property.
(7) Except for disabilities arising from the causes outlined in section (f) below, a
member who is granted accidental disability retirement shall receive a benefit
equal to 66 2/3 percent of the member's average final compensation or 66 2/3 of
the member's compensation in the year immediately preceding the member's
disability, whichever is greater. The benefit shall be paid yearly, in monthly
installments, for life of the member. Members receiving a benefit under this
section shall not be eligible for a return of contribution nor for optional
allowances provided in this Plan under subsections (h) and (i).
(8) Upon the death of a member who has received an accidental disability the spouse of
the member who was designated by the member on the date of retirement as
said member's spouse shall receive payment of an amount equal to 40 percent
of the member's monthly retirement allowance during the lifetime of the spouse.
(9) The board of trustees shall have the continuing right to require disabled members to
submit to a medical examination when the board has reason to believe that the
disabled member is no longer entitled to receive benefits from the fund. If the
examination reveals the member is no longer entitled to receive disability
benefits, the benefits shall cease and, if vested, the member will be eligible for a
regular service retirement as if he had retired on the date his disability retirement
benefits commenced. The board has discretion to exercise this power as the
circumstances warrant.
(10) Any benefits received from this Plan shall be reduced by the amount of workers'
compensation indemnity benefits received by the member to the extent that the
sum of the worker's compensation benefits and the benefits received under this
Plan exceeds the average monthly compensation of the member at the time of
disability. The board shall, by uniform rule, prescribe a procedure for treatment
of lump sum workers' compensation indemnity payments as if they had been
received on a monthly basis.
Service -incurred disability retirement -Heart disease, hypertension, tuberculosis.
(1) Any member who becomes totally and permanently incapacitated for duty as a result
of heart disease, hypertension or tuberculosis, shall be presumed to have a
service -incurred disability in the line of duty, unless a physical examination upon
entering the plan revealed that such condition existed at that time or competent
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(g)
substantial evidence determines that the injury is not the result of a workplace
injury. Such person may be eligible for a service -incurred disability provided that
a physician retained by the board, after a medical examination of such member,
certifies that such member is totally incapacitated for duty. Such person shall
receive benefits equal to those paid for an ordinary disability, with a minimum
benefit of 40 percent of average final compensation. Upon the death of a
member who has received a service -incurred disability retirement no future
pension benefits will be due to any beneficiary.
(2) A DROP participant shall not be entitled to receive a service incurred disability
retirement.
Ordinary death benefit; post -retirement death benefits.
(1) If a member in service who has completed three or more years of creditable service,
whether or not the member is eligible for normal or early retirement, dies from a
nonduty related cause, a lump sum benefit equal to 50 percent of the member's
earnable compensation for the year immediately preceding death shall be paid,
together with the return of the member's accumulated contributions plus interest.
If the member has completed less than three years of credited service at the
time of death, there shall be a return of contributions with interest only. The
benefit shall be paid to any person nominated in writing by the member. In the
absence of a written nomination, or if the person nominated is deceased or
cannot otherwise be located, the member's estate shall be deemed the
nominated beneficiary.
A member in service on October 1, 2010 who is eligible for any form of early or
normal retirement under the terms of this Plan dies prior to retirement from a
nonduty related cause, the member shall be treated as if he or she had retired
on the date preceding death. The member's spouse shall have the option to
receive:
a. Forty percent of the member's monthly retirement allowance which would
have been payable at normal retirement date, without actuarial reduction
together with 50 percent of the member's compensation in the year immediately
preceding the member's death; and
b. In the event the monthly retirement allowance provided for in
subparagraph (a) above is chosen, and the member has served as city
manager, assistant city manager, city clerk, assistant city clerk, executive
secretary of the civil service board, city physician, city attorney, assistant director
of the law department, or as director or assistant director of any department or
office established by the City Charter, or by ordinance established by the City
Charter, for a combined period of at least three years prior to May 23, 1985, an
additional one percent of the member's final average final compensation
multiplied by the number of years of service in that position, up to a maximum of
ten years shall be paid to the surviving spouse.
c. A return of the member's accumulated contributions, with accumulated
interest together with 50 percent of the member's compensation in the year
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immediately preceding the member's death. This benefit is payable on behalf of
any member, whether or not there is a surviving spouse. In the absence of a
surviving spouse, the benefit will be paid to the person designated in writing to
the board by the member, or if no such designation exists or the designated
beneficiary has predeceased the member, then the benefit will be payable to the
member's estate.; or, in the case of a surviving spouse.
LI The payments under subsections (a) and (b) shall be paid yearly in monthly
installments.
If a retired member dies prior to receiving 12 monthly retirement payments and prior
to the effective date of any optional allowance permitted by this Plan, there shall
be a benefit payable in a lump sum equal to the unpaid difference of 12 monthly
payments. This benefit may be paid to any person nominated in writing by the
member. In the absence of a nomination, or if the person nominated has died or
is otherwise unavailable, the member's estate shall be deemed the nominated
beneficiary.
j A member in service who is eligible for any form of early or normal retirement
under the terms of this Plan dies prior to retirement and on or after October 1,
2010 from a nonduty related cause, the member shall be treated as if he or she
had retired on the date preceding death. If such member is married at the time
of death and has not elected an optional allowance in accordance with
subsection (i), below, the member will be presumed to have elected Option 6c,
providing for payment of 40 percent of the member's monthly retirement
allowance to the member's spouse during the lifetime of such spouse.
(h) Service -incurred death benefit. If a member in service dies from a cause arising in the
line of duty, other than the gross negligence of the member, there shall be a
service -incurred death benefit equal to one-half of the member's average final
compensation, which shall be paid yearly in monthly installments, together with the
member's accumulated contributions plus interest, which shall be payable in a single
sum. This benefit shall only be paid to the following persons in the order set forth below:
(1) To the spouse of the member until the death of the spouse;
(2) If there is no spouse or if the spouse dies before the youngest child of the deceased
member has attained the age of 18, then to the children of the member under
the age of 18 in equal shares. As each child reaches the age of 18, the shares of
the remaining children shall be adjusted accordingly;
(3) If there are no spouse or children under the age of 18 years lying at the time of the
member's death, then payment may be made to the dependent father or
dependent mother for life. The board shall determine, by uniform rule, proof
necessary to establish dependency. If both the dependent father and mother are
living, the benefit shall be shared equally. Upon the death of one, the living
dependent parent shall receive the entire benefit. If there is no spouse,
dependent child or dependent parent living at t time of the member's death, the
member's estate shall receive an amount equal to 50 percent of the meber's
compensation for the year immediately preceding the member's death, together
with a return of accumulated contributions plus interest.
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File Number: 10-01093 Enactment Number: 13203
(i) Return of contributions.
(1) If a member ceases to be an employee, a member may demand a return of
acculated contriutions. eceit of said contributions shall constitute a full discharge
of all rigts under the Plan and any creditable service is waived.
(2) If a member has been granted a retirement benefit, the member shall not be eligible
to receive accumulated contributions unless provided for as an optional
allowance under the terms of this Plan or any other prior Plan of the city.
(j) Normal form of benefit and optional allowances.
(1) Effective September 30, 2010, for members who retire on or after October 1, 2010,
the normal form of benefit shall be a life annuity. A member may receive
payment of retirement benefits under the Plan in accordance with the options set
forth in this section, that are actuarially equivalent to the normal form of benefit.
The Board, by rule, shall prescribe the method for selecting payment options
consistent with the provisions of this section.
(2) The options permitted under the plan are:
Option 2: Equal payment survivor annuity. A member may receive a reduced
retirement allowance throughout his or her life with an equal sum being paid to
the member's designated beneficiary at the death of the member. For members
who retire before October 1, 2010 and chooself this option is chosen for a
surviving spouse, the reduction shall be ten percent of the member's benefit; and
iff any person other than a surviving spouse is chosen as the beneficiary, the
reduction shall be based on the actuarially equivalent of the normal form of
benefitsum. For members who retire on or after October 1, 2010, the reduction
shall be based on the actuarially equivalent sum.
Option 3: One-half payment survivor option. A member may receive a reduced
retirement allowance payable for the life of the member with one-half of the
member's benefit being paid to a designated beneficiary at the death of the
member. For members who retire before October 1, 2010 and chooself this
option is chosen for a surviving spouse, the reduction shall be two percent of the
member's benefit; and iff any person other than a surviving spouse is chosen
as the beneficiary, the reduction shall be based on the actuarially equivalent of
the normal form of benefitsum. For members who retire on or after October 1,
2010, the reduction shall be based on the actuarially equivalent sum.
Option 6a: A member may, in lieu of any other benefit from this Plan, receive a
return of contributions, excluding amounts picked up from the member's
earnable compensation and credited to the COLA fund between June 23, 1985
and September 30, 1993. Under this option, the member shall also receive a
monthly service allowance equal to one-half of the amount to which the member
would have been entitled under this plan. This option has no survivorship
benefit.
Option 6b: Life annuity. A member who retires on or before October 1, 2010 may
receive the normal monthly service retirement allowance plus an additional five
percent payable for the life of the member, with no survivorship benefit. The
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payment of this benefit shall be guaranteed for at least one year.
Option 6c: Surviving spouse annuity. A member who retires before October 1,
2010 may receive an unreduced retirement payment through the life of the
member and upon the member's death the surviving spouse shall receive forty
percent of the member's retirement allowance payable during the lifetime of the
spouse. Such a member who desires to leave a greater survivorship percentage
to a surviving spouse may elect Options 2 or 3. A member who retires on or after
October 1, 2010 may elect to receive an actuarially reduced retirement payment
for the life of the member and upon the member's death the surviving spouse
shall receive forty percent of the member's retirement allowance payable during
the lifetime of the spouse.
(k) Change in beneficiary. Any member who elects a survivorship option for a spouse
pursuant to subsection (1), may designate a new spousal beneficiary in accordance with
procedures established by the board; provided, that an actuarial valuation will be made
following such election, and the benefit for the retiree will be recalculated so that it is the
actuarial equivalent of the benefit payable to the original spouse. It is intended that the
Plan will pay only one survivor benefit for any member of the Plan and will not incur an
increase in benefit costs by reason of a change in designated beneficiary.
(I)
Deferred retirement option program. Effective upon ratification of the A.F.S.C.M.E.,
Local 1907, labor agreement for October 1, 2001 through September 30, 2004, the
DROP of the retirement plan shall be available for general employees and shall consist
of a FORWARD DROP and a BACDROP. Any general employee who has reached age
55 with ten years of creditable service, or who has attained a combination of age plus
years of creditable service equal to 70, shall be eligible to participate in the DROP.
(1) Election to participate. Upon election of participation in the DROP, by using forms
and procedures as prescribed by the board of trustees, a member's creditable
service, accrued benefits, and compensation calculation shall be frozen and
shall be based on the member's average final compensation as the basis of
calculating the DROP payment. Upon commencement of participation in the
DROP, the member's contribution and the city contribution to the retirement plan
for that member shall cease as the member will be earning no further service
credit. The member shall not acquire additional pension credit for the purposes
of the pension plan but may continue city employment for up to a maximum of 48
months.
(2) Maximum participation. The maximum period of participation in the DROP, is 48
months. Once the maximum participation has been achieved, the participant
must terminate employment.
(3) Creation of individual account. For each general employee electing participation in
the DROP, an individual account shall be created.
(4) Earnings on DROP account. The board of trustees of the retirement plan shall
establish, by administrative rule, a series of investment vehicles which may be
chosen by participants in the DROP. Any losses incurred on account of the
option selected by the participant shall not be made up by the city or the GESE
trust fund, but any such loss shall be borne by the participant only. Upon
participation in the DROP, the member shall make a selection of the earnings
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program on forms provided by the board. All interest shall be credited to the
member's DROP account.
(5) Distribution of DROP benefits. Upon conclusion of a period of participation in the
DROP not to exceed the maximum set forth in subsection 2, the participant shall
terminate employment. Upon termination of employment, a participant may
receive payment from the DROP account in the following manner:
a. Lump sum distribution; or
b. Periodic payments; or
c. Rollover of the balance to another qualified Retirement Plan, IRA, or an
Internal Revenue Code Section 457 Plan; or
d. An annuity.
A participant may defer payment until the latest date authorized by Section
401(a)(9) of the Internal Revenue Code.
(6) Drop participation shall not affect any other death or disability benefit provided to a
member under federal law, state law, city ordinance, or any rights or benefits
under any applicable collective bargaining agreement.
(7) If a DROP participant dies before the DROP account balances are paid out in full,
the person(s) designated by such DROP participant shall receive such DROP
account balances in accordance with the DROP participant election in effect at
the time of death.
(8) Any employee who enters into a DROP agreement shall be bound by the terms and
conditions of that agreement.
(9) Forward DROP. The date of entry into the FORWARD DROP shall be the beginning
of a pay period. Payment shall be made by the retirement plan into the
participant's DROP account in an amount equal to the regular monthly retirement
benefit which the participant would have received had the participant separated
from service and commenced the receipt of benefits from the plan. The amount
of the monthly benefit shall be determined based on the creditable service,
average final compensation, and retirement option selected in accordance with
section 40-255 of this Code. Upon conclusion of a period of participation in the
DROP not to exceed the maximum set forth in subsection 2, the participant shall
terminate employment with the city.
Election of a FORWARD Drop Program precludes participation in a BACDROP
program.
(10) BACDROP. A general employee may elect to BACDROP to a date no further
back than the date of the member's retirement eligibility date. The BACDROP
period must be in 12-month increments, beginning at the start of a pay period,
not to exceed 12 months. Participation in the BACDROP does not preclude
participation in the FORWARD Drop program.
City of Miami Page 13 of 15 File Id: 10-01093 (Version: 2) Printed On: 10/1/2024
File Number: 10-01093 Enactment Number: 13203
The benefits for purpose of the BACDROP will then be actuarially calculated to
be the equivalent to the benefit earned at the date of retirement. Said calculation
will consist of the present value of benefits being equal to the actuarially reduced
benefit, plus a lump sum with interest, as determined by the retirement plan's
actuary. Participant contributions will not be returned for the period of time
covered by the BACDROP program.
The lump sum as calculated by the retirement plan's actuary will be based on the
assumed investment return of the fund without discount for mortality and
deposited into the newly created DROP account.
(11) DROP incentive program. Any member who is a DROP participant as of October
1, 2009, may elect to participate in the DROP incentive program by completing
the necessary election documentation no later than October 15, 2009. Effective
October 22, 2009 any member in DROP or eligible to retire, may participate in
the extended DROP incentive program by completing the necessary election
documentation no later than November 6, 2009. Participation in the DROP
incentive program and the extended DROP incentive program is as follows:
a. The DROP incentive program or extended DROP incentive program
participant may, upon separating city employment, elect to either receive:
1. A lump sum in the amount of $25,000.00, or
2. A lump sum in the amount of $7,200.00 and receive a 100 percent subsidy of
insurance for two years from date of separation. The insurance shall be based
on an HMO plan tier of employee plus one.
(m) Reemployment of retirees. Except as expressly provided herein, should any retiree be
reemployed by the city into a regular, permanent, full-time employment position as defined in
section 40-241, the benefits payable under this Plan shall be suspended during the period of
reemployment. Upon termination of the period of reemployment with the city, benefits shall be
automatically restored, as provided for in this Plan, on the first day of the month following the
termination of reemployment. No additional vesting period shall be required. Effective
November 1, 2002, this section shall not apply to city commission and mayoral assistants and
secretarial staff position, as described in Civil Service Rule 1, Sec. 1.2(a), authorized in the city
budget for the offices of the mayor and members of the city commission, or to any employment
other than with the city. Employees in the above job classifications may opt to continue
collecting their pensions during their reemployment, but they may not accrue any further
pension service credit. This section shall not apply to retirees who enter into legal agreement
with the city either through written contracts or otherwise for services not defined as full-time,
permanent employees of the city.
j Limitation on Benefits.
Effective September 30, 2010, for members who retire or separate from employment on or after
October 1, 2010, member retirement allowances shall not exceed the lesser of 100 percent of
the member's average final compensation or an annual retirement allowance of $100,000.00 as
of retirement or DROP entry based on the normal form of benefit in effect on the date of
retirement; provided, in no event shall the benefit limitation provided in this subsection (n) be
less than the lesser of 100 percent of the member's average final compensation or the
member's accrued benefit on September 30, 2010, based on the normal form of benefit in effect
City of Miami Page 14 of 15 File Id: 10-01093 (Version: 2) Printed On: 10/1/2024
File Number: 10-01093 Enactment Number: 13203
on that date.
*11
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
thereof.{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and unchanged. Asterisks indicate omitted and
unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
City of Miami Page 15 of 15 File Id: 10-01093 (Version: 2) Printed On: 10/1/2024
City of Miami
Resolution R-22-0423
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12798 Final Action Date: 10/27/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE AMENDMENT TO ARTICLE 42.6 (PENSION) OF THE
COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI
AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL
EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES LOCAL 871, AFL-CIO, IN EFFECT FOR THE
PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The Amendment to Article 42.6 (Pension) of the Collective Bargaining Agreement,
between the City of Miami and the Miami General Employees American Federation of State, County,
and Municipal Employees Local 871, AFL-CIO, in effect for the period of October 1, 2020 through
September 30, 2023, is approved subject to ratification by the respective union.
Section 2. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity 1 ttor
ey
10/18/2022
�nde" z, pity Attor
City of Miami Page 1 of 1 File ID: 12798 (Revision: A) Printed On: 10/1/2024
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
#48556189 vl (10.6.2022)
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 ofparticipation 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 for the backdrop.
#48556189 vl (10.6.2022)
City of Miami
Resolution R-22-0340
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12453 Final Action Date: 9/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE AMENDMENT TO ARTICLE 52.9, TITLED "PENSION", OF
THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF
MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI
GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, IN EFFECT FOR THE
PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The Amendment to Article 52.9, titled "Pension", of the Collective Bargaining
Agreement, between the City of Miami and the Miami General Employees American Federation
of State, County, and Municipal Employees Local 1907, AFL-CIO, in effect for the period of
October 1, 2020 through September 30, 2023, is approved subject to ratification by the
respective union.
Section 2. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
iey ) 1 0/1 9/2022
City of Miami Page 1 of 1 File ID: 12453 (Revision: A) Printed On: 10/1/2024
AFSCME Local 1907 and City of Miami Negotiations
Union Proposal — August 15, 2022
ARTICLE 52
PENSION
52.1 The parties agree that for the term of this agreement the pension
benefits and employee contributions of employees covered by this agreement shall be
as provided in the City of Miami General Employees' and Sanitation Employees'
Retirement Trust Section 40-241 through 40-290, Miami City Code ("GESE"), as
amended except as follows:
52.2 The parties agree that effective October 1, 2011, the GESE
amortization periods will be revised to add 5 years to the existing amortization
periods and change periods for future amortizations as follows:
A. Plan benefit changes for active employees over 20 years (currently 15).
B. Plan benefit changes for retired employees over 15 years (no change).
C. Assumption changes over 20 years (currently 15).
D. Experience Gains and Losses over 20 years (currently 15).
52.3 Effective 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 or DROP entry based on the normal form of
benefit in effect on the date of retirement for members eligible to retire as of October
1, 2012; and effective October 1, 2022, member retirement allowance shall not exceed
i
1
6 51202L
the lesser of 100% of the member's average final compensation or $100,000 as of
retirement or DROP entry based on the normal form of benefit in effect on the date
of retirement for members who were not eligible to retire as of October 1, 2012;
provided that any employee who has an accrued benefit in excess of these annual
allowance caps shall retain that benefit.
52.4 BACKDROP option. A backdrop benefit option shall be implemented
on January 1, 2013. The Backdrop option shall replace the existing DROP program.
Employees who have not attained normal retirement eligibility as of the effective date
or were not vested by October 1, 2010, and all employees hired on or after that date,
will be eligible for the Backdrop option, but will not be eligible for the DROP. Anyone
eligible for the forward DROP as of January 1, 2013, remains eligible for the forward
DROP as it presently exists and anyone eligible for the forward DROP as of January
1, 2013 or vested prior to October 1, 2010, who chooses not to enter the forward DROP
remains eligible for the Backdrop.
(a) An eligible employee who elects the Backdrop option shall receive a monthly
benefit payable on the employee's actual retirement date (date of retirement and
separation from City employment) based on the benefit the employee would have
received if he/she had left City employment and retired on an earlier date after
attaining normal retirement eligibility (the Backdrop date"). In addition, an eligible
employee who elects the Backdrop option will receive a lump sum payment equal to
the accumulation of monthly retirement benefit payments he/she would have received
during the period following the Backdrop date through the actual retirement date
S� \isa�aa—
(Backdrop period"), plus interest at the rate of 3% per year, compounded annually.
An eligible employee may elect a minimum Backdrop period of 1 year and maximum
Backdrop period of up to seven years. An eligible employee who elects the Backdrop
option must select the normal form of benefit or an optional form of benefit at the
time of electing the Backdrop option. The employee's monthly benefit as well as the
lump sum payment under the Backdrop option is based on the form of benefit
selected.
(b) Employees are eligible to elect the Backdrop option after completing one year of
creditable service following the normal retirement date. A Backdrop election must
be made within 10 years after becoming eligible for normal retirement. The maximum
Backdrop period is 7 years. Eligible employees who wish to elect the Backdrop option
must provide written notification to the City at least 8 months prior to the employee's
retirement date; provided a lesser notice period may be approved by the City Manager
due to special circumstances. Bargaining unit members will be eligible to revoke their
Backdrop election one time, but within 1 month of their election. However, if a
bargaining unit employee is granted a lesser notice period by the City Manager due
to special circumstances, the employee will not be eligible for the one-time Backdrop
election revocation. Employees are not required to elect the Backdrop option.
(c) All or a portion of the lump sum payment under the Backdrop option may be
rolled over to an eligible retirement plan or IRA in accordance with federal law.
52.5 The employee pension contribution shall be 10%.
If the back DROP is ever terminated, for any reason, the rights of all persons
then in the DROP shall not be diminished or impaired. Additionally, if the back
DROP is ever terminated, all persons who are then eligible for a back DROP will still
be eligible for a 7 year back DROP. The Board of Trustees of GESE shall develop
operational rules for the implementation of this provision.
52.6 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.
52.7 Upon retirement, bargaining unit members shall receive a retroactive
salary increase of five percent (5%) for the bargaining unit member's highest one (1)
year's salary. The five percent (5%) salary increase shall be reflected in the hourly
pay rate for the purpose of calculating leave balance payoffs. The five percent (5%)
salary increase shall not be applicable to overtime.
52.8 For employees hired prior to October 1, 2010, effective September 30,
2020, a member who separates from employment with ten or more years of service
shall be considered eligible for a service retirement upon attaining the earliest of the
following: (a) age 55 with ten years of creditable service, or (b) the completion of a
combination of years of creditable service plus attained age equaling 70 points.
is12Zz
52.9 Effective September 19, 2022, notwithstanding any provisions to the contrary in
this Agreement, including 52.4, 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 for the
backdrop.
Tentati - ly Agri'- d to by:
AFSCME Local 1907
City of Miami
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