HomeMy WebLinkAboutR-73-0398RFC:rh
5/16/73
'/73
RESOLUTION NO.
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO ENTER INTO
A CONTRACT BY AND BETWEEN THE CITY OF MIAMI
AND THE EMPLOYEE ORGANIZATION KNOWN AS THE
SANITATION EMPLOYEES ASSOCIATION, SUBJECT
TO THE TERMS AND CONDITIONS OF SUCH AGREE-
MENT AS SET FORTH HEREIN IN THE ATTACHED
COPY THEREOF.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. That the City Manager and the City Clerk
be, and they are hereby authorized and directed to enter into a
contract by and between the City of Miami and the employee
organization known as the Sanitation Employees Association,
subject to the terms and conditions of such agreement as set
forth in the copy attached hereto.
PASSED AND ADOPTED this U 9 day oi41%/Aale
1973.
PREPARED AND APPROVED BY:
0.44)-//efet
Robert F. Clark
Assistant City Attorney
REVIEWED BY:
•
hn S. Lloyd
assistant to the Direktor
APPROVED AS 0 FORM AND CORRECTNESS:
•
Alan H. Rothstein - City Attorney
73 -3 71
p
EMPLOYEE ORGA:\:IZATION
AGR E
This Agreement is ent,red into by Lae City of a .rnun.icii)al
cor-doration, hereina.fter ref•,-.:rreci to as the "City" an,: the Sanitation Ernpio-
y.!..ti Aisociation., au organization representing cerf....Lia ernilloyees cif. the City
are niernbers of said organi'za.tion, hereinafter refE...rred to as the
rnploye Or ganizaLion. "
SECTION ;
T -Lam OF INITIAL AGREEMENT
Aft-..,ir a majority vote or those Employee Organization In embers, voting on
the question of ratification and thereafter, upon its ratification by an official
e.solution of the City Commission ratifyir.,g the Agreement and authorizing,
the City .?..',.anager to sign the Agreement on behalf of the City; then, the
2,1reernent, upon being bigzied by the appropriate Employee Organization
representatives and the City .Manager, shall become effective retroactive
October 1, 1972. This Agreement shall continue in force until September
19(3.
SECTION II
DETERMINATION OF MEMBERSHIP
Membership in the Employee Organization, for the purpose of this .Agreerneat,
shall mean those City emplc.)yees who have signed a statement of membership,
in any form, with the Employee Organization. No later than April 1st of
year, the president or Chairman of the Employee Organization shall
certify to the City Manager a complete list of the mr..-:rnb...rs of the Employee
Orartization with the cl?...ssification and division of each mernber appropriately
clignated. For the purpose of representation, this list, with additions to
or cicit--;tici:As from said list made by the Ernployee. Organization, shall be the
rrie.4--nbersnip of the Employee Organization recognized by the City.
Page 1 of 12.
/ 2- Pajc)
S
REPRESENTATION OF Til:. CITY
The City.. »ail representk.:ci ;3y the. City Y..anager, or a. person or persons
.....:.esignated. in writing to the Erriployee Organization by the. City Manager.
h f2 .1,,i:tna4er shall have sole authority to conclude. an agrc-!ement on
of the City, subject to ratification by an official ilesolutioa of the
C:ty Cciis3ion. It is understood that the City T.:121...es entative or representa-
ve .re official representatives o: the City purpose of negotiating
k; Employee OrgaillZatiOn. Negc;tonth entered into with persons other
those as defined he.rain, regardless of their position or associatioa with
the City, shall be deemed unauthc:rized and. hall have no weight of authority
iri committing or in any Nvay o1gatig the City. inc Employee Organization
agrees that no member or representative of the Em?loyee Organization shall
formally discuss or negotiate., terms arid condition.s of employment, with any
person, includinT4 membe-rs of the City Commission, the Civil Service 13oard,
any depa.rtnient head, or any other per.son, ot.1-0.2.7 than official representatives
otne. City, as defined herein prior to submission of this Agreement for
ratification.
SECTION IV
REPRESENTATION OF THE
EMPLOYEE ORGANIZATION
The rnernbership of the Employee Orga.nizatioa shall be represented by the
president or chairman of the anployee Organization or by a person or per-
sons designated in writir.g to the City ...V.ana.:-.4er by the presid-er.t or chairman
of the Employee Organization. The identification of representatives shall
be macio each year at least fifteen (15) calendar days prior to April 1st.
Said designation shall be accompanied by an affidavit executed by said president
or chairman that the Erriploye.e Organization has con-ipliecl with all requi re:rents-
of state 1,aw in effect at that time with respect to registration of the En-Iployee
The president or chairman oi the Employee 01-;an.ization, or
Page 2. of1.
Uv ;,ers on or persons designated by said president or chairman, shall have,
��
hail _.uttirrity to conclude an agreement. On tjehalf ofr the Ern plt)yee Or.,rriiiii a-
'i.:OI, subject to a majority \ ote of tt:L)S _Empl iyee Organization members
\"O1ie, ' o:1 the ciuesiiorl of ratification. It is 1,1::Ci�r stood that tLI' Employee
• t:tf 1t1pL1 r e )r e 3 ertii.a Ve or repr .'.s'. r t tive3 .ti C ail; Oii1C iai r epr eS enta ti ves
of the reienibers of Ceti Employee Or' ani;Laugh :o: the purpose of negotiating
Iscegotiati:)ii3 entered into with perscias other than those as
d f1tned herein, re ardiess of their t Ctsitior♦ Car association with Che Employee
Organization, shall be deemed unauthorized zuici _:hill nave no weight of
authority in comnmitttin:., Or in any way Oi)ii,: tine the Erriplo j'ee Organization.
It be the responsibility of the Employee Organization to notify the City
11'.anager in writing al any changes in the designation of the pr esidtffit or
chairman oi t.e Employee Organization or of any certified representative of
the Employee Organization.
SECTION V
RENEGOTIATION OF AGREEMENT
..rea ter, on or before April 1st of each caiender year, the Employee Organ-
ization shall notify the City Manager in writing :f it intends to renegotiate
the Agreement then in force and attached hereto shall be a list of requests
which shall inform the City Manager of the items which the Employee Organiza-
tion desires to negotiate. Initial discussions shall thereafter and no later
than iv'.ay 1st be entered into between the City and the Employee Organization
for renegotiation of provisions or additions or deletions to the Agreement
then in _force, said changes beingg, anticipated to take effect on October 1st
of that calendar year.
SECTION VI
APPLICABILITY OF AGREEMENT
The general provisions, herein contained, are mutually agreed to by the
City and the Employee Organization. The specific provisions, hereinbelow
Pa,�l,.-3o?12
nnitually ir 2d to by th.e C_:ity and Organiza.tien,
,itad 3'ail be binding die the i'L-n-iployee. Orgailization., or both, as
ti-a! context may requirc.. 'Provisions bindin2, upon the Employee Orgranization
ieted n (.1 ui)on n11 administrative and other City officials
interpretd as binding upon all naen-.bers of the Employee Organiza-
tio: by and to perform as specified. Provisions upon the City
nteri)r
to bi and perform as specified. Provisions .A.-2,reement obli7at-
the (-...1 t-) .:rant certain iienefits to the .-e.-,ernber. of the Employee.
be interpreted r ep-es the conirnitment of. the
City t r,nt benefits to the .Filerhbers Of. the 1:2,rnp . ee Organizat.ion. l\:k.)thin
cont,Ained herein shall be inL:erpreteci as r trictine the powers vested in the
City :vlariager or the City Commission by the City Charter or Code of Ordina-
noes to provide additional benefits to any employee.. Nothing contained herein
5,na.11 be. interpreted to prevent or restrict the City from entering into Agree-
ments with other organizations of City Employees for benefits the same as or
different from tho.se c:ontainecl herein; prov.ided, however, that if the City
grants a benefit applicable to all City ,--.e.-nployees, said benefit shall also accrue
to the members of the 'Employee Organization, to the extent that the benefit
represents a benefit greater than those contained herein.
SECTION VII.
RIGHTS OF IViANAGEMENT
The r ght to hire, lay off, promote, demote, transfer, discipline, requ.ire
observance of the City's rules and regulations, and n-laintain efficiency of
employees is expressly reserved unto the City, provided that Employee
Ore,aniation members shall not be clizcriminate:i iil.;ainst as such; and tnat
the City shall enforce and comply with the prc.)visions of the Agreement so
as not to violate the City Charter or the Civil Service rules and regulations
(Ordinance 6945 as amended). In addition, the C...ty has the e:zclusive diity
and right to manage and adrniniste.r municipal service-s, to direct the worl-zing
Page .1 of 12
f rces, determine the location of facilities, the methods, processes ar.d
r fans of scheduling work, production and services. The foregoing enumera-
tlol1 of rT anace:rient's riAkt5 shall not be cieerried to •:'xclude other functions not
specifically set forth, and the City, therefore, retains all rights not otherwise
specifically covered by the Agreement.
ECTION vIll
EMPLOYEE ORGANIZATION
REPi;ES EXTATIVI
Representatives of the Employee Organization, who are not employees of
the City, shall be certified in writing to the City Manager. Certified repre-
sentatives may be allowed to meet with individual employees oa City property
during working hours to carry on normal business of the Employee Organiza-
tion, if the department head of the individual employees withwhom the
representative proposes to meet has prior knowledge of such activity and
does not object on the grounds that the employees to be involved are perform-
ing work which cannot be interrupted.
SECTION IX
ATTENDANCE AT MEETINGS
Officers and other representatives of the Employee Organization shall be
allowed time off without loss of pay from their regular employment, when
necessary, to negotiate with representatives of the City Manager regarding
terms and conditions of employment.
The president or chairman of the Employee Organization, or with prior
approval from the City Manager, his designated representative, shall be.
allowed time off without loss of pay from his regular employment, when
necessary, to attend official meetings of the City Commission, City Pension
Board, and Civil Service Board when he has been notified by the Office of
the City .Manager that matters affecting the terms and conditions of
Page 5 of 12
t':Tl;)!,V,'iileiit of _tii i ember 3 of file Eni )ioyee are on the agenda.
of :,aid meetings.
G.�IEVcii'.0 LS
pros e,Siiig grievances accordiIlg io t:ie ;)cocedure ientified herein, an
e nii]i'-%y t:C shall he entitled to select another City employee to accompany
ill, during the prescribed meetings under t.ie r,'.fercnced Grievance
rr �'..
:Employer grievances shall be processes in accorilic'.i with the condition
a.iti procedures herein bet forth. Grievances as construed by this procedure
shall not include salary, disciplinary or other matters specifically regulated
by law or for which, as in certain Civil Service matters, a special avenue of
appeal, hearing and review has been provided. Grievances handled under.
this procedure shall be restricted to matters in which municipal administra-
tors nave authority and discretion to acc;ust the complaint.
1. Any ,employee having a complaint, view or opinion pertaining to
employment conditions or relationships with his immediate super-
visor or other employees will first discuss the matter with his
supervisor. The supervisor, if not of Division ead status,
shall contact his Division Head for advice and counseling, and an
answer shall be given Within three (3) working clays. If the
employee is not satisfied with the answer, the shall follow the next
step in the procedure.
The employee and the Division Eead shall separately reduce their
views to writing and submit them to tier. Department lent i'1G'-id within
two (2) working days. The Department Head shah within Live (5)
working days render a written decision, which shall state the
problem, the applicable policy, the reasons for applying this
Page O of 12
fr
Lid L:L clecisiod. If tile ernpio",",!c 1.e
1:0i1OW iie i itt,:j in 'procedure.
,..rnployee iind the Departrnent Head shall rnf..!et 1.vith a repre-
sentative of the City. ...vithin a period oi five (5) working
pel"son desinated by- City 1.,talia,,..,er shall have no
autilorit,- toiliake decisions, but shall a:, a cc-Junseio.. in
to reconcile differt:zices. If no agreel-neilL can be reached
nati ctory tx, the employe.? wi_thin. five worizing
foll,..)w the next st,fp in tile procedure. The matter shall be
:referred to the City 1\,lanager whose decision shall he final. The
City Manager shall report his findinLls and decision in written form
\within twenty (ZO) working days.
SECTION XI
OLID AYS
:-;.c.didays shall be granted pursuant to J Civil Service :Rules and Regula-
tlo.).s and declarations by official resc:dution oi the City Commission. An
employee who is required to work on any such holiday shall he paid eight
() additional hours at his straight time hourly rate. An employee, at his
option, may take compensatory time or cash at the. straight time hourly rate.
In the event the employee chooses to take compensatory time, the compensatory
time earned under this section shall not be permitted to be carried into a
sub.-. eat budget year. The compensatory time that is accurnulated under
this section should be taken off at a, mutually agreed -upon time between the
Department Head and the employee. Er.oy e es on a four -day, 40-hour work
weeic shall be treated or purposes of payment for holidays under this
section as if they worked a five-day, 40-hour work week.
Page 7 of 12
5 F, r 'T I ON XII
O yr L : `ri, 11 1 i
Ati t'"ipio} ef:! not assigned on a job baSio and rec,uired by the City to work in
t':":f:'t.'.�:, �Ji iliS IliVrnlal work day shall be com?ensaied in the :following manner:
Al.. 'hoar.-, wor.;.d in .-lees, of the norr, -u. ass -aed wor:\ day shall. be paid at
the en-rployee's straight time hourly' rate.
{
SE,CiT ON :a
02•
t Employee Or< ari- " pay '.l'hf3 Gay :•.�r�'da to d�dzct ii7., v .%u�i(an CLUC'3 from the ) of
those eir.ploy ee.s .vho individually request in writing that such deductions be
IIi�J-iv.
The amount to be deducted shall be certified to the City by the Treasu-
rer of the Employee Organization, and the aggre ate deductions of all such
employees (1 ess charges as stated below) shall be remitted together with an
itemized statement to the Treasurer the succeeding month after such deduc-
tions are made. The City `;hall charge the i I npicyee Organlzatioa for the
service of deducting and t r aasn-iitting the aforesaid sums in an amount not to
exceed the actual cost to the City for render in sach service, which charge
shall be withheld from the monthly aggregate deductions remitted to the
Employee Organization. Authorization for such d ductioas shall be revoc-
abi e by thirty (30) days' written notice to the City and to the Employee Organ-
ization.
The Employee Organization agrees to indemnify and hold the City harmless
a`,aitist Dirty and all claims, stilts, orders or jucia=::erts brought or issued
against the City as a result of any action taken or not taken by the City under
the provisions of this Section.
The Employee Organization agrees to furnish the City With a certified copy
of its Charter and bylaws pr ecedeat to the City's cornrnencin check -off pro-
cedu_•i s as defined in this Section.
Page 8 oil?.
�� l
.i 1t.1 Cit.
S .EC T 1 o:\ XIV
NO.iICI 3
or i`.iiEiiill agrees to provide.. to the 1-"resident or Chairman of the
Ei11p.."ryee Organization the '.foilowlri2 riotice3 i,l bulletins: City Colnmiris cn
*A.'nda. ; .'.di any oLh er notices, UuiLetins , or it atei i Ll which the City Manager
;1,:!1.0rr,ti:i,.:s «;..,;.ilti ,,fl.e.ct the terms and conditions of employment of the mein-
,,.:s of t:t,.'. 1.;nployee Org ' i � � �,�uli::ation.
S .1:,CTIO`: xv
BULLIETIN BOARDS
City will provide for the use c,f the Employee Organization a bulletin
.)card at each City building; in which the Employee Organization has members
working. Such bulletin board shall be shared by the Employee Or nization
with other Employee Organizations having similar bulictin board privileges
pursuant to an Agreernent with the City. Any nctice or item placed on the
biilietin board shall bear on its face the legible designation of the person
responsible for placing s'.lch notice or :::i:i-n on the t`cilietin board. Notice:;
.)iaced on a bulletin board shall be limited to announcements of Employee
Orgaaization Ineeting3, elections, a.nd social or recreational events.
SECTION XVI
NO STRIKE PROVISION
i o employee or Employee Organization may participate in a strike against the
City of i`.iiarnni by instigatiIlg or supporting, in any mariner, a strike. "Strike"
rhe;_Ils t'i e concerted failure to report for duty; the n C o i'.rted absence from
c '
one's pe»liion; the concerted stoppage of work; ;he concerted submi sio.r. of
resignations; the concerted use of sick leave; picketing boycotting or disrup-
Lively dc:-.113nstrating by any employee or eI?:ployee gr.-.)up; or the concer_eci
aJst.ine,-,c.e in whole or in part from t:.e lull, faithful and proper performance
Ali i,1,! dci.iei Of employm eat \vitii the City icr the purpose of inducing,
1':� e ` o: 12
i,,„:01•':<:oZ1i onin , or coercing a change ill : n.. tt,r ills and. t;iinditloi15
i .:•h1i)ioyrnent or the rights privileges, or ot)116aeiJns Oi public einployiflelit,
Cyr 1)' 'i.ic.:Ipat_ilg in :_il4 rr;:user 1:1 any et-ouchC i; C i.',41ich i'.dver: e
C
L ; theservices of tile: City.
SECTION IO:. XVL:
SAFE DRIVER A TA1tDJ
1 a;' City of .Miarni agrees LO pros ent b pie dries .u. awards to all eir,3l
cavercf,.t under this .Az,reerheat who have not been ir.: u. eC: in. a pre:veritlible
ac..'_dent for a period of five (5) years., said. awv%irdis to take the form of
$25.00 savings 1Sond. The aio.esaid awards Shall ie 1)resentC:ci annually to
ti',)Se employees Who have drivena City vehicle at least five thousand (5,0001)
miles per year for five (5) consecutive. years Without a preventable accident.
No employee shall receive this award any more frequently than. once every
five (5) years.
S ECTIOY XVI_I
DISTRIBUTION OF MATERIAL.
TO NEW E1.IPLOY .E.
All employees covered under this Agreement s;1a11 be provided with a copy
of the employees' medical benefit plan, employees' rights under the State
'.V orkr e.n's Compensation Act, and the City's supplemental disability benefit
pro/ram, and a copy of this Agreement.
SECTION XIX
SAFETY SI-10ES
The City of Miami agrees es to provide as part of the regular . iforrri of certain
employees, one (1) pair per year of specified safety shoi.s t "io cost to the
employee. In the (vent of accidental destruction of City -furnished silot'S
daring tile performance of assigned duty, another pair of shoes will be. • ii nistiied
fir ..:llpliiyee, during the life of this Aor e.tment, and upon specific approval of
the Dircetor of Sanitation.
Page lU of 12
S ECTIO:: XX
P .O IS IONS IN CONFLICT i)r 11 H LAW
ii tali:; .i . rcem...-tat or any pr0vi3io0., section, sdoseci.ioa, sentence, clause,
:rase, ()r wnrd of this Agreement is .n coni.licc??'ith any existing state ()r
taw or future state or fe.c;eral law; or \C'.%a any e-xi `3�L7 ` 11y City t �r. C:iiia.11Ce,
but not limited to Ordinance E)''45 (Cit':i Service Rules and Regtia-
t.i.or.5.1, or Resolution; or future Ci+`: Orrin aic Cif lti.Q501t..iti n; or \Vint ia.Lly
. a•.. "!J r i.a. ion :)i this =i`,,reei-neat made cJy CO: a e ) t'„ .�.+ t8:ht jiii ::3C.1.. :JCi,
in-_ !+ ): i ioa o. the Agreement nt i:. conflict ?V:tn said. law or Ordnance or .:Z.eso-
_tiiion, or court interpretation. of law, s:iail be. ii'..i11 and void; bat the remainder
:i=;reernent shall rernain •uli force and 1V ira i(`. being presumed
that the intent of the parties herein was to eater into the. Agreeineat without
such invalid portion or portions.
S EC T IOX XXI
IMPASS E t, SOLii T ION
parties hereby aci:nowlecige that on September 7, 1972, the City Commis-
3 passed a Resolution 72-500 entitled:
A resolution declaring the policy of the City Commission
that the City Administration follow a practice of negotia-
tion and advisory arbitration in its dealings with all City
Employee Organizations.
Accordingly, such resolution is incorporated herein by reference.
1),.tiC 11 of 12
AGREED to this
day of
, 1973, A.D.,
by authorized reoresentatiz%es of the EMPLOYEE ORGANIZATION and
the CITY MANAGER, on behalf of the CITY.
On file Part of tha Er?plovee Organization
ATTEST:
On the Part of the City of Miami
ATTEST:
City Clerk
APPAS TO LEGALITY:
ity Attorney
Pa.012 of 12