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HomeMy WebLinkAboutR-88-0058J_ 3-88-77 12/30/87 RESOLUTION NO 99-58 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES, AFSCME, LOCAL 1907, FOR THE PERIOD OF OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1990 UPON THE 'PERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a Collective Bargaining Agreement between the City of Miami and the employee organization known as the Miami General Employees, AFSCME, Local 1907, for the period of October 1, 1987 through September 30, 1990 upon the terms and conditions set forth in the attached Agreement. PASSED AND ADOPTED this 14th day of January , 1988. A'PTEST : MAT Y HIRAI, CITY CLERK PREPARED AND APPROVED BY: APPROVZ) AS TO FORM AND CORRECTNESS: . l.JV V VliL' 1t 1 1 , ArraCHREcVITS E�'�10�ED XAVIER L. SU EZ, MAYOR CITY COMMISSION MEETING OF JAN 14 1988 7N No. R03-58 AGREEMENT BETWEEN CITY OF MIAMI. MIAMI. FLORIDA AND MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE. COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907. AFL-CIO October 1, 1987 -- September 30, 1990 - TABLE OF [INTENTS - - ACCIDENT REVIEW BOARD 44 51 ADDENDUM NO. 1 MEMO OF UNDERSTANDING - HAZARDOUS MATERIALS 54 AGREEMENT 1 ANNIVERSARY INCREASES 19 22 APPENDIX A 55 APPENDIX B 59 ATTENDANCE AT MEETINGS/TIME POOL 8 7 BLOOD DONORS 34 40 BULLETIN BOARDS 12 11 CALL BACK PAY 30 37 COMMENDATION PAID LEAVE 32 39 CONTRACT DISTRIBUTION 10 11 DEATH IN FAMILY 39 47 DISCHARGE AND DISCIPLINE 16 19 DISCRIMINATION 6 5 DUES CHECKOFF 13 12 EMPLOYEE EVALUATION 18 21 EMPLOYEES BILL OF RIGHTS 15 18 EMPLOYEES ACTING WITHIN SCOPE OF AUTHORITY 20 23 FLOATING HOLIDAY TIME 42 49 GRIEVANCE PROCEDURE 14 13 GROUP INSURANCE 26 31 HOLIDAYS 41 48 ILLNESS IN FAMILY 38 46 JURY DUTY 31 38 LINE OF DUTY INJURIES 23 25 LOSS OF EMPLOYMENT 17 20 MANAGEMENT RIGHTS 4 3 MILITARY TRAINING LEAVE 40 47 NO STRIKE 5 4 NOTICES 11 11 OVERTIME/COMPENSATORY TIME 25 30 PARKING 33 39 PART-TIME/TEMPORARY EMPLOYEES 43 50 PREAMBLE 1 PREVAILING BENEFITS 7 6 RECOGNITION 1 1 REPRESENTATION OF THE CITY 2 1 REPRESENTATION OF THE UNION 3 2 REST PERIODS 22 24 SAFETY SHOES 27 33 SAVINGS CLAUSE 46 52 SECURITY OPERATIONS 36 41 SICK LEAVE 37 42 TERM OF AGREEMENT 47 52 TOOL ALLOWANCE 28 34 TOTAL AGREEMENT 45 51 TUITION REIMBURSEMENT 29 36 UNION STEWARDS 9 9 VACATION 35 40 WAGES 24 27 WORKING OUT OF CLASSIFICATION 21 24 813-59 _ Ar-REEMENI This Agreement, entered into this .� day of 1988, between the City of Miami (hereinafter referred to as the `City") and the MIAMI GENERAL EMPLOYEES AFSCME LOCAL 1907. AFL-CIO, (hereinafter referred to as the `Union•). F, WHEREAS, It Is the Intention of the parties to this Agreement to set forth herein the entire agreement of the parties concerning matters which are within the scope of negotiation: NOW, THEREFORE, the parties do agree as follows: ARTICLE 1 Section 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. Section 2. The bargaining unit Is as defined In the Certification Issued by the Florida Public Employees Relations Commission on June 6. 1978. Certification *408, which Includes all the classifications listed In APPENDIX_A of the Agreement and excludes all classifications listed In APPENDIX B of the Agreement. ARTICLE 2 Section 1. The City shall be represented by the City Manager, or a person or persons designated In writing to the Union by the City Manager. The City Manager or his designee shall have sole authority to execute an agreement on behalf of the City upon being directed by official resolution of the City Commission. Section 2. It Is understood that the City Representative or Representatives are the official representatives of the City -1- 98_58 - - --- -- - - --* - - - - - -- - -- - -0 - -- for the purpose of negotiating with the Union. Negotiations i 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. ARTICLE 3 REPRESENTATION OF THE UNION Section 1. The Union shall be represented by the President of the Union, or by a person designated In writing to the City - Manager by the President of the Union. The Identification of j representatives shall be made each year at least fifteen (15) calendar days prior to April 1st. 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. Section 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 a 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 s ® or In any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager In writing of any changes In the designation of the President of the Union - or of any certified representative of the Union. Section 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 -2- 819-58 Meetings/Union -Time Pool. then only three (3) employees may be released from duty with no loss of pay or emoluments. ARTICLE 4 Section t. The Union agrees that 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 or authority which the City has not officially 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 service 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, transfer, assign, 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 or funds; to determine the location, methods, means. and -personnel by which operations are to be conducted, Including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish Job pay positions; to change or eliminate existing methods of operation, equipment or facilities. Section 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. -3- 1I8-519 Sectlon-3. __-`The 'C1ty Shall enforce and comply with the provisions of the Agreement so as not to violate the City Charter or the existing Civil Service Rules and Regulations (Ordinance 8877 as amended). Section 4. 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. Section 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. Section 6. Whenever the employer exercises a right or privilege contractually reserved to It or retained by It, the employer shall not be obligated to bargain collectively with respect to the effect or Impact of that exercise on Individual bargaining unit members or on the unit as a group, or to postpone or delay effectuation or Implementation of the management decision Involved for any reason other than an express limitation contained In this Agreement. ARTICLE 5 Section t. "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. Section 2. Neither the Union nor any of Its officers, agents, and members, nor any Union members, covered by this -4- 8-51S Agreement, will Instigate, promote, sponsor, engage In, or condone any strike, sympathy strike, slowdown, sick-out. concerted stoppage of work, picketing or any other Interruption of the operations of the City. Section 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 F.S. 447.505 and the Constitution of the State of Florida, Article 1, Section S. 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 employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 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. s ARTICLE 6 Section 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 or political affiliation. Section 2. All references In this Agreement to employees of the male gender are used for convenience only and shall be construed to Include both male and female employees. -5- fle'"JF! f Section 3. The Union agrees to support the City's current Affirmative Action Program and any other similar affirmative action programs affecting employees which may be developed by the City In consultation with the Union. Section 4. 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 I City or the Union because of Union membership or non -union membership. Section 6. However. nothing In this Article or elsewhere In this Agreement shall prevent the City from Implementing the terms of the current Consent Decree and Memo of Understanding or any future legal mandates placed upon the City by applicable laws. Section S. The Union recognizes Its responsibilities as bargalning agent and agrees to represent all employees In the bargaining unit without discrimination. Interference, restraint or coercion. Section 7. 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 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. Section S. The Union, In accordance with State law, shall not be required to process the grievance of a non -union member. Section 9. The parties agree to abide by the law with respect to modification of the Clty's affirmative action plan. ARTICLE 7 Section 1. Job benefits heretofore authorized by the City Manager continuously enjoyed by all employees covered by this Agreement as of September 30, 1973, and not specifically provided for or abridged by this Agreement. shall continue upon the conditions by which they had been previously granted. -6- 198-581 • - Section 2. -Provided,--however, -nothing 1n 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. Section 3. If the City desires to change such job benefits, the matter shall be negotiated between the City and the Union In accordance with Chapter 447, Part II. Florida Statutes. ARTICLE 8 ATTENDANCE AT MEETINGS/UNION TIME POOL Section 1. The President of the Union and/or designated representatives shall be allowed to attend regular meetings and special meetings of the City Commission, State or National Union Conventions, the Civil Service Board, the Affirmative Action 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. Section 2. A Union time pool Is hereby authorized subject - to the following: A. The City agrees to establish an annual time pool bank of 3.500 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 employee, except the Union President, or a designee, when on full time release. who Is authorized to use time from the time pool, the President shall fill out the appropriate form as provided by the City. This form shall be processed through channels of the employee who is to use the pool time. The form must be processed so that a copy shall be In the Office of Labor Relations a minimum of seven (7) calendar days prior to the time the employee has been authorized to use the pool time. It Is understood on rare occasions the seven (7) day time limit may not be met. The President then shall -7- 195--5s forward a detalfed explanation to the Labor Relations Officer as to why the seven (7) day rule was not met. 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 because of the needs of the service an employee cannot be released at the time desired, the Union may request an alternate employee be released from duty during the desired time. D. In reporting an employee's absence as a result of utilizing the Union Time Pool, the daily attendance record shall reflect: "Employee Doe on AL" (Authorized Leave) t 1 E. Any Injury received or any accident incurred by an i employee whose time Is being paid for by the Union time pool, or while engaged In activities paid for 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. F. Upon written request to the Labor Relations Office, the President of the Union, or his/her designee, will be released for the term of this Agreement from his or her regularly assigned duties for the City. The terms of this agreement for such release are only to be Implemented If the following qualifications are met by the Union: 1. The Union President, or a designee, will reasonably be available through the Union office currently located at 4011 W. Flagler Street, Suite 501, Miami, - Florida 33134, for consultation with the Management of the City of Miami. 2. No requests to attend meetings at the Clty's expense as the Union representative will be made to the City by the Union. Its officers, agents or members. -8- f 8-58 - 3. `'The T ime -Poo I w I 1 I be charged for a 1 I hours dur 1 ng which the Union President Is on off -duty, except -� that absence due to use of vacation leave, sick leave, holidays, or compensatory leave will be charged to the President's employee accounts. G. On no more than one occasion per month, the Union Executive Board may meet during their scheduled work shift for a period not to exceed four hours. At no time will more than eight employees be released to attend such meetings, and the Time Pool shall be charged four 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. Section 3. All applicable rules, regulations and orders shall apply to any person on time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the employee on pool time to regular disciplinary processes. Section 4. The City reserves the right to rescind the provisions of this Article in the event any portion of ti.e Article Is found to be Illegal. Cancelling the Article shall not preclude further negotiations of future employee pool time. Section 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 In -behalf of and at request of the City. ARTICLE 9 Section 1. Employees within the bargaining unit shall be represented by Stewards In areas of the City employment In the number and manner set forth In Section 7. The Union shall furnish Management a list of the Stewards' and alternate Stewards' names and their assigned areas, and shall keep the list current at all times. -9- 819-58, I -i Section -3: -When -requested -by an employee, -a steward may only Investigate any alleged or actual grievance In his assigned steward area as provided In Section 7. He shall be allowed reasonable time therefor during working hours without loss of time or pay upon notification and approval of his 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. Section 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. Section A. A non -employee Union Representative may consult with employees In assembly areas before the start of each work shift or after the end thereof. Section 5. Should an employee 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 an employee released on Time Pool 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 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. Section S. An alternate steward may be appointed for each steward as provided for and assigned In Section 7. The alternate steward will be utilized by management when management Is unable to reach the union steward or the union steward cannot be spared for the assigned duties at the time and all provisions of this Article shall apply to alternate stewards as well as regular stewards. Section 7. Responsibility areas (location) and number of Union Stewards: A. Dinner Key offices and Recreation Personnel (1) B. Police Department Building and Motor Pool Annex (1) C. Hickman Building (Administration Building) (1) -10- D. Parks Operations, Public Works Operations, Golf Courses (2) E. All General Services Administration Divisions, and Department of Solid Waste (2) F. Municipal Justice Buliding, Fire Garage, and Stadiums (1) G. Watson Building and All Downtown Offices (1) ARTICLE 10 CONTRACT DISTRIBUTION Section 1. The employer agrees to furnish copies of this 1 contract to each department head where Union members are employed '- and said department heads shall make the contract available for employee examination at employee's request. ARTICLE 11 Section 1. The City agrees to provide to the Union President or his designee 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, and the minutes of regular and special City Commission meetings (except where exempt by applicable law). ARTICLE 12 BULLETIN BOARDS Section 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 S. Union Meetings C. Union Elections D. Reports on Union Committees (Including the Union Political Action Committee) Section 2. Notices or announcements shall not contain anything political or reflecting adversely on the City or any of -11- FIS-518 i 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 his/her 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. ART I CLE 13 Sectlon 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 checkoff authorization form provided by the City. Such deduction will be made by the City when other payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorization by the City. The Union shall advise the City of any uniform assessment or Increase in dues In writing at least thirty (30) days prior to Its effective date. Section 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. Section 3. Deductions of dues and uniform assessments. If any, shall be remitted by the City during the week following each biweekly pay period to a duly authorized representative as designated In writing by the Union. The City shall deduct from the remittance an amount for the cost of dues checkoff. The amount will be calculated at two (5.O2) cents for each employee deduction, each payroll period, and ten ($.10) cents for each addition or deletion to the checkoff register. -12- �g-5Oft 3 Section 4. In the -event an employee's salary earnings within any pay period, after deductions for withholding. Social Security, retirement, group health Insurance, and other priority deductions, are not sufficient to cover dues and any uniform assessments. It will be the responsibility of the Union to collect Its dues and uniform assessment for that pay period directly from the employee. Section 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 checkoff 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. Section S. 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. Section 7. The City will not deduct any Union fines, penalties or special assessments from the pay of any employee. Section S. The dues checkoff authorization form provided by the City shall be used by employees who wish to Initiate dues deduction. ARTICLE 14 GRIEVANCE PRWEDURE Section 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. -13- (9g'510 •L ' Section 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 applicatlon of this Agreement or any terms or provisions thereof. A grievance shall refer to the speclflc provision or provisions of this Agreement alleged to have been violated. Any grievance not conforming to the provisions of this paragraph shall be denied. Section 3. Nothing In this Article or elsewhere In this Agreement shall be construed to permit the Union to process a grievance (a) In behalf of any employee without his 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. It is further agreed by the Union that employees covered by this Agreement shall make an exclusive election of remedy prior to filing a 2nd step grievance or 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. 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, agency or court proceeding. 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. An employee as a condition of relying upon this contractual provision or any other Article of this Agreement In a grievance proceeding expressly waives any further statutory, constitutional or common law right to sue upon any similar claim. Section 4. 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 -14- s time limits --provided—below, shalt 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 Management. Section 5. 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 t by the Union President. The Election of Remedy form as provided In Section 3 of this Article must be completed and attached to grievances presented directly at Step 3. All grievances must be processed within the time limits herein provided unless extended In writing by mutual agreement between the Labor Relations Officer and the Union President or grieving employees. Section S. 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. A grievance shall be processed In accordance with the -following procedure: Sten__ The aggrieved employee shall discuss the grievance with his Immediate supervisor outside the bargaining unit within five (5) 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 respond to the employee within five (5) working days. t Stan 2. If the grievance has not been satlsfactor lly resolved. the employee or the Union representative shall complete the Election of Remedy form provided for In Section 3 of this Article before initiating the grievance to the second step of the Grievance Procedure. If the aggrieved party or parties elect the remedy other than the Grievance Procedure contained herein, the grievance shall be withdrawn and conclusively abandoned. When the Election of Remedy form Indicates the grievance is to be advanced through the Grievance Procedure, 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 Head concerned within five (5) working days from the time the supervisor has given his or her oral response to Step 1. The Department Head or his designee and Management personnel concerned shall meet with the employee and the Union Representative and shall respond In writing to the Union within five (5) working days from receipt of the written grievance. Step 3. If the grievance has not been satisfactorily resolved in Step 2, the employee or the Union President may present a written appeal to the City Manager within seven (7) working days from the time the response was due In Step 2. The City Manager and/or his designee and Management personnel shall meet with the employee and/or the Union Representative and shall respond In writing to the Union within seven (7) working days from receipt of the appeal. Step 4. 1. If the Grievance Is not settled In Step 3. It may upon written request of the Union President within seven (7) working days after receipt of reply or answer be referred to arbitration. 2. The arbitration proceeding shall be conducted by an arbitrator to be selected by the employer and the Union -16- 19 19 a - -- - -- _ -- -- -or-- --- - -- - - within ten (10) bays after notice has been given. if the parties fall to select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a panel of five (5) arbitrators. Both the employer and the Union shall have the right to strike two (2) names from the.panel. The party requesting arbitration shall strike the first name; the other party shall then strike one name. The Process will be repeated and the remaining person shall be the arbitrator. 3. The arbitration shall be conducted under the rules set forth In this Agreement and not 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. 4. 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. 5. 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 costs regarding witnesses and representation. -17- 8AM ILOSM { 5. 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. Section 7. 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. Section 8. A request for review of complaints under Civil Service Rule 16.2 may only be made by full-time classified service employees. Such requests under Rule 16.2 shall be denied where the request does not cite the applicable Civil Service Rule(s) which Is the basis of the complaint; or, where the Issue relates to a matter covered by the Collective Bargaining Agreement. This section shall be limited solely to hearings under Rule 16. ARTICLE 15 EMPLOYEES BILL OF RIGHTS Section 1. When an employee has reasonable grounds to conclude that his participation In an Investigatory Interview I� 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 role In the Interview to advising the employee of his 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, but shall not be obliged to delay the Interview for more than thirty (30) minutes. If the Individual sought Is = not readily available the Interview shall proceed. — Section 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 -18- -= A�Sfl that immediate action -is -required. If the employee Is required to be Interviewed outside his assigned work schedule, he shall be paid at the overtime rate. However, If he Is eventually found guilty of the charges through the applicable administrative processes, any overtime gained shall be repaid to the City In addition to any penalty Imposed for the violation. Section 3. At the commencement of the Interview, the employee shall be advised of the subject matter of the Investigation. Section 4. The parties agree to abide by the law with respect to the use of polygraphs. ARTICLE 16 Section 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 within five (5) working days following the day of discharge or Imposition of discipline, excluding Saturdays, Sundays. holidays and the day of occurrence. Section 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. Section 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 election of remedies 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 In accordance with the terms of the Grievance Procedure Article as contained In this Agreement. -19- Section 4. The process of an appeal to the Civil Service Board or a grievance under this Agreement, shall be an exclusive election of remedy by the employee and shall be a waiver of all other forums of review and due process to which the employee may otherwise be entitled. Section 6. Probationary employees who have been appointed to a position but who have not completed the required probationary period may be discharged or reduced In rank at any time prior to the expiration of the probationary period. Said discharged or demoted employee shall not be accorded a hearing before the Civil Service Board or access to the grievance procedure contained herein. A probationary employee may be returned to a former classification In which the employee held permanent status or be discharged If In an entrance position upon being notified In writing by the Department Director. Section S. In acceptance of this Article, the Union, Its members and agents, waive any and all rights to a pre -hearing prior to Imposition of suspensions or dismissals. Section 7. Employees are subject to such examinations as may be required by the City to determine if they are under the Influence of alcohol or may have been using, possessing, dispensing or selling controlled substances, unlawful, mind - altering, or non -physician prescribed drugs. Management will encourage employees to voluntarily seek help for alcohol or controlled substances abuse. Such request for assistance shall be denied If the Individual seeking help Is currently Involved In or facing the disciplinary process. Management will attempt to enroll employees In such drug or alcohol rehabilitative programs as are available to those Individuals who voluntarily come forward. ARTICLE 17 LOSS OF EMPLOYMENT Section 1. Employees shall lose their seniority and their employment shall be terminated for the following reasons: 1. Discharge If not reversed. -20- EV%X ---- --- --- - -2. Resignation. --An employee absent for a period of three (3) workdays without notification of valid reason to the City, and who has no legitimate reason for not notifying the City of his absence, may be considered as having resigned. Said resignation shall only be reviewed, If applicable. by the City Manager or his designee. An employee who voluntarily submits a resignation either orally or In writing shall have the right to withdraw said resignation for up to twenty-four (24) hours from submission. If submission occurs on a day preceding a weekend or holiday or the employee's regular day off, the employee shall have to the close of the employee's next regular working day to withdraw said resignation. 3. Unexcused failure to return to work when recalled from layoff, as set forth in the recall procedure. 4. Unexcused failure to return to work after expiration of a formal leave of absence. 5. Retirement. S. Layoff for a continuous period of eighteen (18) months. = ARTICLE 18 EMPLOYEE EVALUATION Section 1. Permanent full time classified employees covered by this Agreement will be evaluated utilizing the s appropriate evaluation forms as approved by the Personnel 'Management Department. Such evaluation form will be developed by i the Personnel Management Department within the term of this Agreement. The parties recognize and agree that should the Personnel Management Department decide that more than one evaluation form Is needed, they will at their discretion develop and require the usage of additional evaluation forms. Section 2. Employees rated 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 -21- forwarded Ao the-1lnIon 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 discharge. This section shall not apply to permanent full time classified employees serving In a probationary promotional appointment. Section 3. Permanent full time classified employees serving In a probationary promotional appointment must successfully complete the probationary period within the time frame provided, unless the Department Director recommends an extension of said time frame. Section 4. Unsatisfactory rating for permanent full time classified employees not serving in a promotional appointment shall require said employees to appear before the Civil Service Board for review of the unsatisfactory rating. Should an employee covered by this section feel the unsatisfactory rating was Incorrect, he may grieve the rating consistent with the Grievance Procedure. However, any grievance concerning the employee's unsatisfactory evaluation will be consolidated with any discipline appeal should the employee be removed, suspended or reduced In grade because of the unsatisfactory evaluation. ARTICLE 19 Section 1. Salary Increments recognizing satisfactory service within established ranges are provided for In the Pay Plan. On written approval from the Department Head, employees shall receive a one-step Increase In salary, not to exceed the maximum rate. Those employees receiving approved Increases when submitted during the first seven (7) days of the payroll period, shall receive the higher rate for the full pay period. Those employees receiving approved Increases from the eighth (8th) to the fourteenth (14th) day of the payroll period shall receive their Increase effective the start of the following pay period. All anniversary Increases shall be subject to review for accuracy by the Department of Personnel Management. -22- NS"J9 -Section 2.-'Leaves of absences without pay or suspension of - any duration shall delay anniversary Increases by the period of time Involved. Section 3. Anniversary Increases shall be awarded only on the basis of continued satisfactory service by the employee and on the positive approval of the Department Head. Anniversary Increases are not automatic. A Department Head may withhold anniversary Increases until such time as, In his Judgment, the employee's service within the classification meets the standards of satisfactory performance for the position. Employees In such cases shall be notified of the reasons for the action being taken. ARTICLE 20 ACTING WITHIN THE SCOPE OF AUTHORITY EMPLOYEES Section 1. Whenever a civil or criminal action is brought against a bargaining unit employee, while In the course of his _ City on -duty employment and while acting within the scope of his authority, the City shall have the option to pay the legal cost and reasonable attorney's fee; not to exceed seventy five ($75.00) 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 his suit. Section 2. The City will neither provide legal representation nor pay any claim or Judgment entered against any C bargaining unit employee If the claim or Judgment arises from any . of the following: 1. Any unauthorized act; 2. Any Intentional tort; 3. Gross negligence or misconduct; or 4. While under the Influence of Intoxicating liquor, drugs -- or Illegal substances. -23- SS-59 ARTICLE 21 Section 1. A department head, or his designee, may direct an employee to serve In a classification higher than the classification In which an employee currently holds status. Such acting assignment shall not exceed one calendar year starting from date of appointment to the higher classification. Acting assignments to positions vacant due to a classified employee being on an authorized leave of absence or duty disability may exceed one year. Working out of classification will not grant permanent Job status or provide any automatic Job rights to the position filled on acting assignment to the higher classification. Section 2. In the event an employee Is assigned work of another classification as provided for In Section 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. Section 3. 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 2 of this Article. ARTICLE 22 Section 1. All employees' work schedules shall provide for a fifteen -minute rest period during each four-hour work period. Section 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 accumulative If It Is not taken. -24- �In 13 'aa cy ARTICLE 23 Section 1. It Is the Intent of the parties to eliminate unnecessary workers' compensation litigation by providing a prior opportunity for the parties to discuss and resolve Issues In dispute. In furtherance of that Intent, the City agrees that any employee covered under this Contract who Is disabled as the result of an accident, Injury or occupational disease Incurred In the line of duty shall be granted supplementary salary of which a part thereof Is workers' compensation as provided by Resolution No. 39802, subject to the following conditions. Section 2. No supplementary salary will be paid to anyone Injured while performing an act Intended to Injure or hurt one's self or another. Section 3. Full time Civil Service employees who have permanent status with the City as of September 30, 1981, shall receive supplementary pay In accordance with the existing practice. Section ,. All other employees and Civil Service employees hired subsequent to September 30, 1981. shall be eIIgIble 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. Section 5. If an accident has been declared compensable by the City and the employee brings litigation without having first discussed with the personnel of the City of Miami Law Department/Claims concerning any controversy arising out of the declared compensable accident, then the supplementary salary, as provided by Resolution No. 39802, shall cease. Section 6. In the event that litigation Is filed by an employee following his return to work without having first discussed with personnel of the City of Miami Law -25- 88-58 - -70 Department/Claims Concerning any controversy arising out of his declared compensable accident, it Is agreed between the parties that the previously described supplementary salary shall be recouped from the employee's current salary by way of payroll deduction, the extent of subsequent payroll deductions shall not exceed 25% of the gross pay per period. If the Law Department/Claims does not resolve any controversy arising out of a compensable Injury to the satisfaction of the Injured employee, then the supplementary salary as provided by Resolution No. 39802 shall not be jeopardized If litigation Is subsequently filed by the employee. Section 7. In the event an employee desires the presence 1 of an attorney to discuss a controversy with representatives of the Law Department/Claims, the parties agree that the attorney shall receive a token fee for his presence of $75.00 per hour, not to exceed $150.00. Section 8. Nothing In this Article shall be construed as a waiver of the Clty's rights under applicable State law. Section 9. In recognition of the Employee Organizations concerns for those bargaining unit employees Injured In the line of duty, the City fully Intends to continue benefits to those honorable men and women who have been Injured In the line of duty and to see they receive all benefits due them. However, the Employee Organization recognizes there are Instances when Individuals attempt to claim worker's compensation benefits or pension benefits for which no demonstrable reason exists. in recognizing these concerns the parties agree to establish a study committee composed of six (6) Individuals, three (3) members appointed by the Employee Organization and three (3) members appointed by management. The study committee shall commence meeting 90 days after the effective date of this agreement and shall present Its recommendations to the President of the Employee Organization and the Labor Relations Office six (6) months after their first meeting. -Apk ---- ---- -__ -_ 24 WAGES Section 1. The City agrees to continue the current wage rate except as provided herein for all bargaining unit employees. In accordance with the following schedule, any adjustment will be effective on the first day of the first full pay period following the date Indicated: October 1. 1987 O% October 1, 1988 4% October 1, 1989 4% Anniversary step Increases that would have occurred during the twelve (12) month period following the ratification of the agreement will be frozen and no anniversary step Increases will be granted during that time. In lieu of an anniversary Increase, those employees who are satisfactorily recommended for an anniversary Increase will receive a cash payment spread over twenty-six (26) separate Installments. The anniversary cash payment shall be equal to 5% of the Individuals annual base pay at the time he or she was rated satisfactory or above. Such cash payment shall not Include overtime hours, plus Items, shift differential, etc., or be Included for calculating pension or any other benefit. Those employees who complete the necessary years of service for the ten (10) year and fifteen (15) year longevity steps will be eligible to receive same. In return for a freeze on across-the-board salary Increases for the bargaining unit, the following will apply: Management agrees It will not lay off bargaining unit employees due to privatization for the life of this Agreement. The Union understands and agrees that the City will continue to streamline the delivery of municipal services by consolidations and abollshments of departments by mergers. In this event. If layoffs of bargaining unit employees are required, said layoffs would be consistent with Civil Service Rules and Regulations. -27- ��SS I a; i The-- parties -agree there wi If be -a 25% -reduction in at I bargaining unit wage rates for those prospective employees hired on or after January 14, 1988. the Personnel Management Department will develop a new pay plan for the new hires reflecting the 25% reduction. Implementation of the new plan will be reviewed with the Union's Attorney and the Labor Relations Officer so as to Implement said plan and not conflict with applicable law. Current employees will be grandfathered Into the existing pay plan for purposes of anniversary changes, promotions, demotions, classifications. reclassifications, wage Increases. f etc. Section 2. All changes in salary for reasons of promotion. —� demotion, merit Increase. two (2) tier pay plan changes. or longevity Increases. shall be effective the first day of the - payroll following the effective date of the change. Section 3. A night shift differential of $.SO per hour will be paid to bargaining unit employees who work a regular established shift between the hours of 6:00 p.m. and 8:00 a.m. However, more than one-half of the hours of the regular _ established shift must be within the hours of 6:00 p.m. and 8:00 a.m. Night shift differential will only be paid for hours — actually worked during the night shift differential period and will not be paid for any overtime hours. Night shift differential shall not be used In calculating average earnings e for pension purposes. e = Section 4. Employees shall receive no additional pay supplements except as are specifically provided by this Agreement. Any pay supplements provided by this Agreement shall not be used In calculating average earnings for pension purposes. Only those employees holding permanent status within the occupation of Heavy Equipment Mechanic and who are permanently assigned to the Fire Garage shall receive a 7 1/2% pay supplement added to their base rate of pay should they be continually assigned to on -call rotation. Said pay supplement shall be -28- deemed to fully satisfy any on -Call pay obllgatlon which might be construed to exist under the ralr Labor Standards Act. Effective December 21, 1986, those employees within the occupation of CommunlcatIons Operator who are actively assigned the duty of training new Communications Operators shall be entitled to receive $40 per pay period 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 Communications Operator Trainer classification. Section 5. Bargaining unit employees who are hired on or after October 1, 1984 shall satisfactorily serve a probationary period of one year prior to gaining permanent status In the classif led service. During that probation, employees shall be paid at a rate that Is ten (10%) percent below Step 1 of the pay range to which their classification Is assigned. Upon attainment of permanent status, the employee shall be placed at Step 1 of his classification's pay range except where modified by the two (2) tier wage concept as outlined In Section 1. Where deemed necessary by the Director of Personnel Management, Individual exceptions to this section relative to hiring rates may be made. Section S. 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) or fifteen (15) years of continuous classified service on or after January 1, 1984. -29- 88"Jg ARTICLE 25 Section 1. Those classifications listed In Appendix A with an asterisk (*) by the classification shall be considered Job basis and be Ineligible for overtime pay. Section 2. Job basis employees are expected to work a normal work week plus any additional time over and above the normal work week that Is needed to property perform the duties of the position. Time worked in excess of normal work hours shall not be compensated nor credited In any way. Similarly, time taken off during normal work hours shall not be charged nor debited In any way. Section 3. Requests for time off by Job basis 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. Section 4. All authorized work in excess of an eligible employee's normal work week shall be considered overtime work. Eligible employees shall not perform any work prior to their normal work hour, during their lunch hour, or after their normal work hours unless specifically authorized by a management supervisor. Section 5. Eligible employees performing compensable overtime work shall, at their discretion, be paid time and one- half 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 quarter hour Increments rounded off to the next highest quarter hour. This overtime rate shall be all Inclusive and no additional compensation In the form of holiday premium pay, etc., shall be paid. Section 6. The maximum accumulation of compensatory time hours Is one hundred (100) hours. If an employee takes compensatory time off, the hours In his/her bank would be appropriately reduced by such time off. If an employee leaves the service of the City and cashes In his/her bank, the hours therein shall be valuated on the basis -of the eligible employee's regular rate of not less than the higher of the employee's final regular rate or the average regular rate during the last three years of employment. Section 7. Employees covered by this Agreement who are appointed to .Job basis/exempt classifications and who have earned time In the `Bank", shall upon such appointment be paid for all banked compensatory time at their rate of pay prior to such appointment. ARTICLE 26 { GROUP INSURANCE 1 Section 1. The City agrees to pay 100% of the current life Insurance coverage provided for employees. Section 2. The employee will contribute $11.44 per pay period toward the cost of employee health coverage and $61.74 per pay period toward the cost of family coverage where the employee elects to take such coverage. Rates will become effective on the first full pay period following ratification of this Agreement. In recognition of the Immediate need to Implement further cost containment measures to the Clty's Group Health Plan, the parties agree to the Implementation of the following measures effective upon ratification of the agreement: Health Plan Deductible: The single and family coverage deductibles shall Increase by $50 each the first full pay period following ratification of this Agreement. Coordination of Benefits: The City will Implement a "Charge Less Benefits" approach without credit reserves to Its coordination of benefits program for all Non -Medicare and Medicare participants. Section 3. Upon thirty days notice to the Union, the City reserves the right to Increase or decrease the cost of Its group health/life Insurance plan and to apportion the Increases or decreases as set forth herein. Increases or decreases In the cost of the Clty's plan shall be shared on a percentage basis of -31- what the City and the employee pay as of the date this Agreement Is ratified provided, however, the City shall pay the full portion of any Increase in excess of 15% which may occur during fiscal year 1988/89. Section 4. The rates for the H.M.O.s currently offered to bargaining unit employees will become effective the first full pay period after ratification of this Agreement. BI-weekly Employee Rate HOSF Single S 9.59 Famlly $60.54 CIGNA 1 e Single $10.16 J Family $59.80 HUMANA Single S 9.39 Family $58.46 Section 5. The parties to these negotiations agree that sixty (60) calendar days after the ratification of this Agreement — there shall be established a joint Labor -Management Group Benefits Committee whose goal It shall be to develop a group benefits plan recommendation for employees covered by this - collective bargaining agreement. The Committee shall be comprised of three (3) management representatives Including the Labor Relations Officer, Assistant Labor Relations Officer and an Insurance Representative and three (3) employee union representatives. The scope of the plan to be developed may Include, among other things, cost containment measures, such as preferred — provider plans, second opinion requirements, HMO's, Increased copayment plans, "cafeteria" or flexible benefit plans. The Committee shall also study self -Insured life Insurance. A committee recommendation. Including a method for self Insurance, shall be submitted to the City Manager no later than four (4) months from the date the Committee Is appointed. -32- - -- For Fiscal Year 1989/90, the Committee shall make i recommendations for any Increases In premiums or cost containment measures that might be necessary. Should the Committee members be unable to agree on what the premium Increases should be, the - parties shall submit said disagreement before final and binding — arbitration consistent with the grievance procedures In this Agreement. Section 6. The City will compile an Insurance benefits booklet which shall summarize the level of coverage to which the parties have agreed. The language of the booklet shall not be grievance. Section 7. At the earliest practical time, the City shall make available to the Union members a payroll deduction to purchase local Union sponsored Insurance programs. 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 for each employee deduction, each payroll - period, and ten cents 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 s any action taken or not taken by the City, Its officials, agents and employees In executing this activity. r The Labor Relations Office will advise the Union of the deduction procedures that will be followed In the Implementation and administration of this activity. ARTICLE 27 Section 1. In those Jobs or occupations where the employer requires that the employee wear safety shoes, the employer shall Issue allowance In the amount of $50.00 for the purchase of an Initial pair of safety shoes. When, due to wear and tear or -33- S9--55% accidental- job destruction. a replacement pair of shoes Is required, the employer will grant an add ltlonal $50.00 for the purchase of another pair of safety shoes. Section 2. This additional $60.00 shall only be provided when the worn out or damaged pair of shoes Is turned Into the Department. The Department Director, or his designee, shall determine when. In his judgment, a pair of safety shoes shall be Issued on the basis of need and not on an automatic basis. Section 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 for 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. Safety shoes furnished by the employer shall not be worn by the employee on a day when the employee Is off duty. 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, foul 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 careless and/or negligent acts) result In the loss, theft, or damage. Section 4. 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. Employees shall be advised of shoe models which conform to City standards. ARTICLE 28 TOOL ALLOWANCE Section 1. The City agrees to pay a quarterly tool allowance for Automotive Mechanic, Heavy Equipment Mechanics and -34- SS-58 - Auto Body Worker/Painter In the amount of Eighty-five ($85.00) dollars quarterly. Such tool allowance will be paid to the employee within the first 15 days after the close of the quarter. Section 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 Iist of the tools stolen. Section 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 whose tool Inventory does not meet the minimum or drops below the basic minimum tool list Inventory, shall not receive a tool allowance. Tools may not be loaned to meet the basic Inventory tool list. Section 4. The Department Director, or his designee, shall provide a required minimum list of tools for Automobile Mechanic b Motorcycle Mechanic, Heavy Equipment Mechanic, Maintenance Mechanic, Auto Body & Painter, Welder, Machlnlst, 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. Section 5. The affected employees within the above -listed classifications shall submit an Inventory of all their personal tools, make and model to their Immediate supervisor outside the bargaining unit who will verify the list. The employee will maintain a copy and a copy will be filed In the Division Office. 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 classification receiving the Eighty-five ($85.00) dollars quarterly tool allowance. Submission of the Inventory list of tools In excess of the basic minimum tool list shall be completed within sixty days after ratification of this Agreement. -35- jqV�8 --ARTICLE 29 Section 1. It Is agreed between the parties that this tuition reimbursement program is designed to encourage City employees to Improve Job performance and Increase their value to the City by pursuing courses of study related to their work at Dade County educational Institutions. The policy governing the program Is Intended to be flexible, with broad discretion for approval reserved to the Department Head and the City Manager so as to Insure maximum utilization of available funds for Increasing on -the -Job effectiveness of City employees. The continuance of this program, however, Is subject to budgetary llmltation. = Section 2. Any full-time, permanent City employee may upon successful completion of his probationary period be eligible to participate In the Tuition Reimbursement Program. Section 3. All course work must be taken at or from an accredited college, university or educational Institution approved by the City Manager or his designee. Course work taken under provision of this Article must be directly related to the employee's job. Class attendance will be on the employee's own time unless otherwise noted In the course announcement and authorized by the City Manager. Section ,. Reimbursement will be limited to one-half of straight tuition costs up to a maximum of $200.00 per year and/or $100.00 per semester or term. Books, Incidental fees, and other costs related to the course work will not be reimbursed by the e City. In the event the employee resigns or Is removed from the City service within one year following completion of the approved 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 termination of service through a deduction from his/her last paycheck. Section 5. To be eligible for reimbursement, the employee must successfully complete the course work and provide the City -36- with evidence of successful completion prior to receiving reimbursement. Successful completion must be evidenced by a grade of 'C` or better. Section 6. Procedure for reimbursement will be as follows: A. The employee must obtain three (3) copies of the Application for Tuition Reimbursement form for each course from his department or the Personnel Management Department. B. The employee must complete the application In triplicate and submit It to his/her department head prior to registration at the education Institution. C. The Department Head will then review the application and If approved forward the original and one copy to the Personnel Management Department. If the application Is disapproved. It Is then returned to the employee by the Department Head. O. The Personnel Management Department has the authority to approve or disapprove the application, and applications not approved will be returned to the Department Head with the reason for rejection noted thereon. Section 7. Upon completion of the approved course work. the employee must submit his semester grade report together with the tuition fee receipt to his/her department head. The Department Head will request the Finance Department to reimburse the employee for the Clty's share of the tuition reimbursement, and will advise the Personnel Management Department of the employee's satisfactory completion of the course. ARTICLE 30 Section 1. Any employee 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. -37- R9 Section 2. it Is not the Intent of this Article or any other Article of this Agreement to provide pay for an employee out on III 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. ARTICLE 31 JURY DUTY Section 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 forty (40) hours per week. Employees who work a regular established 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 to their regular work or receive no pay for all hours they are absent. Section 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. The Payroll Division of the Finance Department shall deduct the Jury Duty fee from the employee's paycheck In the payroll period following the week In which the employee was on Jury Duty in accordance with the following schedule: 1) Federal Court - $30 per day 2) State and County Court - $10 per day Any changes by the Courts in the above fees shall be reflected In the employee's paycheck as they occur. Should an employee be summoned to Court In the Civic Center area, the employee Is to obtain a temporary parking permit from the Personnel Management Department allowing the employee parking privileges In the Personnel Management Department parking lot. -38- 8"s i - -3hou id --an employee -f I-nd it rleeessery to pay for parking wh I le serving on Jury Duty for Courts other than those located In the i Civic Center area, the employee is to submit such parking } receipts to his/her department for reimbursement. The employee's department will submit to Finance a Travel Form Request for reimbursement with receipts attached. Upon receipt of such Travel Request, the Finance Department will reimburse the employee within two payroll periods. As Federal Courts provide free parking for Jurists. employees will not be reimbursed for any parking receipts submitted while attending such courts. Section 3. 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 I 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. ARTICLE 32 COMMENDATION PAID LEAVE Section 1. A department head, upon approval by the City Manager.or his 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 v arbitration. ARTICLE 33 PARKING Section 1. The City agrees to provide parking space for all bargaining unit employees who drive their personal automobiles to work. This parking space will be of no cost to the employee during the time the employee Is on duty. The City will not assume the cost of parking for those employees who may -39- dip ~~ not desire to use the parking space provided by the City. Any questions raised In this regard shall be reviewed and a determination made by the Labor Relations Officer and shall be final and binding. Section 2. The Union President will meet and confer with the Labor Relations Officer on parking problems and the Labor Relations Officer will endeavor to resolve said problems consistent with budgetary constraints. ARTICLE 34 Section 1. Employees who volunteer as blood donors to contribute to City supported Blood Donor Organizations will be authorized the 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 they are released to go back to work. ARTICLE 35 Section 1. Vacations shall be taken within thirteen (13) months after the end of the calendar year in which the vacation was earned. Employees shall only be allowed to carryover 100 hours of the previous year's credited vacation. Any excess vacation over the 100 hour automatic carryover shall be forfeited as of February 1st of each year provided, however, that employees who have been carried on full disability the entire previous year shall be paid for all excess vacation over 100 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 his Department, any hours In excess of the 100 hours which would have been forfeited shall be paid for at the employee's January 1, hourly rate of pay. Section 2. Effective January 1, 1987, the maximum accrual of vacation shall be one hundred sixty (160) hours, provided -40- however, bargaining unit employees with ten (10) years of service but less than fifteen (15) years shall be allowed to accrue one hundred eighty (180) hours and employees with fifteen (15) years of service or More as of January 1. 1987. shall be allowed to continue the accrual of vacation In accordance with Civil Service Rules and Regulations (Ordinance No. 8977). The crediting of vacation leave shall only be allowed upon the completion of the required years of actual continuous service. Vacation leave shall be taken in Increments of not less than one (1) hour. Section 3. Employees hired on or after January 1, 1987 shalt accrue vacation In accordance with the following schedule: 1 - 5 years - 80 hours i 6 - 10 years - 100 hours 11 - 15 years - 120 hours 16 - 20 years - 160 hours Such 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. ARTICLE 36 Section 1. The Clty 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. Section 2. Upon request of the Union President. the Labor Relations Officer will review such denial of assignment. Said review will be final and the decision of the Labor Relations Officer will be binding and not subject to any appeal procedure. -41- ARTICLE 37 Section 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 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. Section 2. Permanent bargaining unit employees may be allowed to accrue up to eight (8) hours sick leave per month, to be utilized In not less than one (1) hour Increments, provided that the employee Is In pay status at least fifteen (15) working days per month. Section 3. Employees In probationary status will accrue sick leave In accordance with Section 2. However, no sick leave with pay shall be granted during the employee's first ninety (90) working days. Section 4. In order to receive sick leave with pay, an 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 after the time scheduled for the beginning of the employee's daily duties, except In the Fire Department and Police Department wherein departmental rules will apply. It shall be the employee's responsibility to notify his/her Department each day the employee will be out III within the time frames outlined above. Section 5. Any employee absent on sick leave for more than three (3) consecutive work days must check with the City Physician for approval before returning to work. Section G. Any employees covered by this Agreement who exercise normal retirement after January 18. 1979, shall be paid for all unused sick leave up to a maximum of eight hundred (800) -42- 8e"'S18 t -y hours provided, howevee,-any employee who as of January 18, 1979, had accumulated sick leave in excess of eight hundred (800) hours, shall upon normal retirement be paid for all accumulated sick leave up to a maximum of nine hundred sixty (960) hours. It Is the Intent of this provision that no employee will be paid for sick leave In excess of eight hundred (800) hours except to the extent that such excess existed on January 18, 1979. Section 7. Any employees covered by this Agreement who exercise normal retirement after October 7, 1979, shall be paid for all unused sick leave up to a maximum of seven hundred (700) hours provided, however, any employee who as of October 7, 1979. had accumulated sick leave In excess of seven hundred (700) hours, shall upon normal retirement be paid for all accumulated sick leave up to a maximum of eight hundred (800) hours. It Is the Intent of this provision that no employee will be paid for sick leave In excess of seven hundred (700) hours except to the extent that such excess existed on October 7, 1979. Section S. Any employees not covered by Section 6 and Section 7 of this Article who exercise normal retirement after October 1, 1981, shall be paid for all unused sick leave up to a maximum of six hundred (600) hours, provided however, any employee who as of October 1, 1981 had accumulated sick leave In excess of six hundred (600) hours, shall upon normal retirement be paid for all accumulated sick leave up to a maximum of seven hundred (700) hours. It Is the Intent of this provision that no employee shall be paid for sick leave in excess of six hundred (600) hours except to the extent that such excess existed on October 1, 1981. Section 9. All full time bargaining unit employees hired on or after October 1, 1984 shall accrue sick leave at the rate of 6.67 hours per month If the employee Is In full pay working status for fifteen (15) working days per month for a total of 80 hours per year. Upon normal retirement, any employee hired on or after October 1, 1984. shall be paid for all accumulated sick leave that exceeds four hundred (400) hours up to a one thousand -43- - ---- -- _ - - -� - -------- -_..-yam (1,000) -hour sick _leave =cap•- Such payofT cannot exceed six hundred (600) leave hours. Sick leave shall be cashed out at the following rates: More than 7, but less than 10 years of service 25% More than 10, but less than 15 years of service 50% More than 15, but less than 20 years of service 75% More than 20 years of service 100% Section 10. Employees with seven or more years service who terminate employment with the City under honorable conditions shall receive cash payment equal to one-fourth of their unused accumulated sick leave. Section 11. Employees who resign In the face of discharge after the effective date of this Agreement shall not receive compensation for unused sick leave upon termination or retirement. Section 12. Payoff for accumulated sick leave shall not be used to calculate average earnings for pension purposes. Section 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 of their last day worked. 2) They remit to the City an amount equal to their rehire hourly rate times the number of hours of sick leave for which they were previously paid off. This buy back option must be exercised and paid for within 30 days of the date the employee returns to work. 3) If the buy back 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 he was laid off. -44- -Section 14. The -parties agree that employee absenteeism and/or tardiness hinders the cost efficient delivery of service by the department and creates a hardship for both management and members of the bargaining unit. The Union will urge Its members to reduce absenteeism. Section 15. Definitions: Instance -- An absence from work In duration of one or more consecutive work days for reasons of non -Job related Illness or injury and/or absence without leave authorized at least one work day in advance. Except that a physician ordered absence resulting from a disabling Illness/Injury to the employee or a member of his household shall not be counted as an Instance. Management In Its sole discretion may require a Doctor's statement from the employee's personal physician verifying same. Failure to provide the Doctor's verification shall cause the absence to be counted. Annual Period -- A twelve (12) month period beginning with the occurence of the employee's first Instance. Section 16. Employees shall be disciplined for absences In accordance with the following schedule: Number of Instances 4th Instance In annual period 5th Instance In annual period 6th Instance In annual period 7th Instance In annual period Written notification Written reprimand Five (5) work day suspension w/o pay Dismissal Tardiness Is reporting for work In excess of 5 minutes beyond the scheduled starting time of the shift or as provided In Police or Fire Department rules. When an employee reports to work within a period that Is more than five minutes but less than thirty minutes after his scheduled starting time, and provides an excuse that Is acceptable In the sole discretion of management, the employee may be permitted to work the balance of the shift but shall be docked for all time he/she was tardy. If the -45- S " 9 -employee reports within -that period without an -excuse that Is ` acceptable to management, or If he/she reports to work more than thirty minutes beyond the start of his/her shift, he/she shall be sent hone without pay for the balance of the work day. Any and all tardiness shall be counted as an "Instance". After an employee is tardy seven (7) times In an annual period, he shall be advised In writing that two more Instances of tardiness In the annual period will result In dismissal. Absenteeism and 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 Labor Relations Officer, If, In his sole discretion, Individual circumstances warrant such action. ARTICLE 38 Section 1. All employees covered by this Agreement may be allowed to use up to forty (40) hours of accrued sick leave In any one calendar year when needed due to serious Injury or acute Illness of any actual dependent member of the employee's household. Section 2. Said dependent member of the employee's household shall be limited to the employee's immediate family and such member must maintain the employee's household as his/her actual residence. The Immediate family shall be defined as father, mother, sister, brother, husband, wife, children, father - In -law, mother -In-law, grandparents, spouse's grandparents, stepfather and/or stepmother. Section 3. Where, In the opinion of the Labor Relations Officer, an employee's absenteeism record reflects a pattern of abuse, the employee may be requested to provide sufficient proof showing that the ill or Injured person Is an actual dependent member of the employee's household; and a physician's statement that the employee's presence was necessary because of the patient's clear Inability to be self-sustaining. -46- 88- Ocl 7 f'. ARTICLE 39 Section 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 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. The Immediate family Is defined as father, mother, sister, brother, husband, wife, children, father-in-law, mother-in-law, grandparents, spouse's grandparents, grandchildren, stepfather and/or stepmother If they have raised the employee from* Infancy regardless of place of residence, and may Include any other person who was an actual member of the employee's household for ten (10) or more years. Within thirty (30) calendar days from the date the employee returns from a death In the family, the employee will file a copy of the death certificate of the deceased family member. Said death certificate will be attached to the form provided by the City and submitted to the Personnel Management 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 application for a "K" day will result In his or her dismissal. Section 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 criteria as deemed appropriate by the Office of Labor Relations. ARTICLE 40 MILITARY TRAINING LEAVE Section 1. All employees who are either reserve officers or enlisted personnel In the Florida Defense Force, the National -47- 88-59 F - 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 shall be entitled 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. Section 2. Requests for military leave shall be made as early as possible but at least two ( 2 ) weeks prior to the date such leave Is desired. Section 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 Personnel Management. ARTICLE 41 HOLIDAYS Section 1. The following days shall be considered holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day Dr. Martin Luther King's Birthday Section 2. Any additional holidays declared by official directive of the City Manager shall be added to the above list. Section 3. Employees performing work on any of the above holidays shall be paid 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. -48- 88-59 - Section 4. All conditions and qualifications outlined In Article 25, titled "Overtime/Compensatory Time", shall apply to this Article. Hours of earned time accumulated under this Article, when added to the compensatory time earned under the Article entitled "Overtime/Compensatory Time", shall not exceed one hundred (100) hours. Section 5. To be eligible for holiday pay, an employee must work a full shift or be In a paid leave status on the scheduled work days which Immediately precede and follow the holiday. If an employee works at least seven (7) hours of his regular shift, the employee will either be charged one hour of 'E" time or "V" time, or carried In without pay status at the sole discretion of the supervisor. An employee who works at E least seven (7) hours as described In this section shall be s eligible for holiday pay. ARTICLE 42 Section 1. Upon ratification of the Labor Agreement by the = parties, It Is agreed that eligible members of the bargaining unit who work forty (40) hours per week and have successfully completed a six month probationary period, shall be entitled to fourteen (14) hours floating holiday time off each calendar year. Floating holiday time shall be taken In Increments of not less than one (1) hour. The floating holiday hours shall be mutually agreed upon by the employee and his immediate supervisor outside of the bargaining unit consistent with the needs of the employee's department. The floating holiday hours off shall not - be accrued; they must be used by the employee during the calendar year or be forfeited. The floating holiday hours off are not subject to being converted to cash during the employee's employment or as severance pay upon the employee terminating his employment with the City. There shall be no liability to pay any overtime under this Article. -49- Cr _ - - i - - ARTICLE 43 Section 1. Bargaining unit employees who hold part-time or temporary classifications shall be paid at a flat hourly rate, but shall not be entitled to any benefits during their tenure with the City unless so specified within this Article. Section 2. Effective December 21, 1986, full-time temporary bargaining unit employees shall be entitled to those City holidays as specified in Article 41, Holidays. To be eligible for holiday pay, a full-time temporary bargaining unit employee must work a full shift on the scheduled work days which Immediately precede and follow the holiday, provided, however, no full-time temporary employee receiving holiday pay shall be entitled to any future additional time off. Section 3. Those full-time temporary bargaining unit employees hired prior to December 21, 1986 shall have their sick leave bank frozen and shall cease to be eligible for sick leave accumulation. Section 4. Effective December 21, 1986, part-time bargaining unit employees shall no longer be entitled to anniversary increases as set forth under Article 19, Anniversary Increases, of this Agreement. Section b. In recognition of the fact that Public Service Aides are in temporary positions not to exceed four years, It Is understood and agreed that any Public Service Aide hired after December 21. 1986 shall no longer be considered a part of this bargaining unit nor shall they be entitled to any across-the- board wage Increases, rights or benefits. Public Service Aides hired after December 21, 1986 shall receive compensation as deemed appropriate by the Department of Personnel Management. Those Public Service aides hired prior to December 21, 1986 shall be allowed to accrue vacation leave and shall be entitled to City holidays as heretofore enjoyed. Public Service Aides shall have no more than four years from date of hire to move up Into a law enforcement position or employment elsewhere within the City. i -so- it Those Public Service Aides who fall to promote or gain employment elsewhere In the City's employ shall be considered to have resigned effective the last day of their four year employment. Section G. Temporary- employees hired Into a classified Civil Service position shall satisfactorily serve a probationary 1 period of one year commencing with the date of entry Into a permanently budgeted classification and prior to gaining permanent status in the classified service. The Director of Personnel Management shall have the authority to fill temporary positions as they are established, however, said positions shall not exceed 150 full-time temporary positions during the life of this Agreement. Should any layoffs of full-time regular bargaining unit employees occur, said layoffs would be consistent with current Civil Service Board Rules and Regulations and APM-5- 78. ARTICLE 44 ACCIDENT REVIEW BOARD Section 1. The parties agree to abide by the provisions of the City's Vehicular Loss Control Program, Sections 6.1, 6.2 and 6.3 as they apply to vehicular accidents Involving bargaining unit employees. ARTICLE 45 TOTAL AGREEMENT - Section 1. This Agreement, upon ratification, constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term. Section 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. Section 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. ARTICLE 46 Section 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 specifically 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. Section 2. The Clty'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 1 of this Article. ARTICLE 47 Section 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. The Agreement shall continue In force and effect until 11:59 p.m.. September 30. 1990. -52- Section 2. On or before April 1, 1990, 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 1 proposals which shall Inform the City of the Items which they if desire to negotiate, together with specific language embodying and describing their proposals. Section 3. On or before May 1, 1990, the City shall present the Union with a list of proposals It desires to negotiate. Section 4.lnitlal discussions shall thereafter, and no later than June 1, 1990, be entered Into by the City and the Union. Agreed to this day of 19 , by and s i 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: CITY CLERK ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY -53- Cp 88--58 .. _ .-- -- - -- — - - ADDENDL41 ND _ i (1 PAGE 1 �AEMORANDUM OF UNDERSTANDING HAZARDOUS MATERIALS During the first six (6) months of this Agreement. If the Union feels some of Its members have been exposed to such a high degree ( of hazardous materials. It may submit a list of the persons name, classification. and times of exposure to the specific hazardous materials. Such list will be sent directly to the Personnel Management Department who will review said list. Referrals will be made by the Management of the Personnel Department as they i deem necessary to a City provided medical person for a physical. FOR AFSCME, LOCAL 1907 ON THE PART OF THE CITY OF MIAMI MIAMI, FLORIDA A. G. Sherman, President AFSCME, Local 1907 DATE: Dean R. Welke Labor Relations Officer -54- (Page 1 of Addendum No. ]�Bl� -- --:-----APPENDIX A 1005 Mal I Clerk 14A 1006 Mall Clerk Sr 16A 1008 Clerical Aide (was 6000) 09A 1010 Clerk 1 12A 1011 Clerk II 14A 1012 Clerk III 16A 1013 Clerk IV 20A 1015 Interpreter Clerk 14A 1020 Typist Clerk 1 13A 1021 Typist Clerk 11 15A 1022 Typist Clerk III 17A 1025 Secretary I 16A 1026 Secretary 11 17A 1027 Secretary III 19A 1037 Interrogat Steno 20A 1039 Pension Clerk 14A 1105 Cashier I 15A 1106 Cashier 11 17A 1110 Account Clerk 17A 1119 Accountant 22A *1120 Accountant Sr 25A *1121 Accountant Supervisor 28A 1201 Matris Spec 1 - Bldg Const 16A 1202 Matris Spec If - Bldg Const 18A *1203 Matris Supv - Bldg Const 21A 1205 Stock Clerk I 14A 1206 Stock Clerk II 16A 1207 StoreKeeper 19A 1208 Matris Spec 1 - Comm Repr 16A 1209 Matrls Spec 11 - Comm Repr 18A 1210 Procurement Spec Sr 26A 1211 Procurement Asst 20A 1212 Procurement Spec 22A *1213 Matris Supv - Comm Repr 21A *1214 Auto Prts Supv 21A _ 1224 Auto Prts Spec i 16A 1225 Auto Prts Spec 11 18A 1305 Admin Aide I 20A 1348 Marketing Spec 24A *1354 Business Developer 26A *1357 Economic Analyst 26A 1360 Job Developer 19A 1361 Employmt Interviewer 17A 1362 Info & Referral Spec 16A 1363 Info 6 Referral Aide 12A 1372 Complaint Specialist 22q 1375 Job Training Specialist 20A 1376 Sr. Job Training Specialist 22A 1405 Photographer I 20A 1406 Photographer 11 22q 1415 Fire Info Spec 23A 1419 Public Relations Aide 19A *1420 Publicity Writer 25A *1421 Public Rltn Agnt 23A 1428 Convtn Rep 21A 1430 Special Events Agent 20A = 1505 Switchboard Oper 14A 1521 Phototypesetter 17A _ 1522 Camera Platemaker 18A 1523 Offset Press Operator 19A 1524 Offset Press Operator Sr 21A 1525 Duplicat Eqp Op 16A * - Job Basis/Exempt -55- _ _-101k 1526 1530 1540 1554 1555 leis 1625 1626 •2011 2013 2015 2017 •2018 2021 •2040 •2050 2051 2052 2110 •2111 2120 •2121 2130 •2131 2145 2150 •2151 2158 2159 2169 •2170 2181 2183 2204 2205 2206 2207 2208 •2210 2214 2219 *2225 •2228 2229 2230 •2231 2232 2233 2240 2244 3001 3002 3005 3010 3011 3104 3105 3106 3107 3301 3302 •3303 3304 3305 3308 Photolithographer Print Shop Helper Systems Engr I Computer OP 1 Computer 00 II Tex Collector it License Insp I License Insp 11 Surveyor Eng Tech I Eng Tech 11 Eng Tech III Eng Tech IV Public Works Eng Elec Engineer Architect Landscape Arc Aide Landscape Arc I Bldg Insp I Bldg Insp II Elec Insp I Elec Insp 11 Plumbing Insp I Plumbing Insp 11 Sign Inspector Zoning Insp I Zoning Insp II Mach Insp I Mach Insp II Codes Com Insp I Codes Com Insp 11 Cable TV Tech Spec Cable TV Tech Spec Sr Graphic Illustr Planning III I Planning 111 11 Park Plan Aide Planning Tech Park Plan Cord Housing Spec Asst Planning Intern Housing Spel Housing Rhb Ln/O Sr Housing Rhb Ln/O Housing Rhb Est Housing Rhb Est Sr Soc Prg Analyst Soc Prg Analyst Asst Asst Hsng Rehab Ln Offr Asst Hsng Rehab Estimator Laborer I Laborer 11 Laborer ill Labor Crew Ldr 1 Labor Crew Ldr II Auto Eqp Op 1 Auto Eqp Op 11 Auto Eqp Op III Auto Eqp Op IV Malnt Mach Helper Ma I nt Meehan I c Malnt Mach Supv Aprtc Air Cond Mach Air Cond Mach Aprtc Electrician * - Job Basis/Exempt 18A 12A 26A 20A 22A 21A 21A 23A 30A 18A 20A 24A 27A 24A 33A 33A 19A 26A 25A 27A 25A 27A 25A 27A 21A 23A 26A 25A 27A 23A 26A 21A 23A 22A 19A 22A 20A 24A 29A 23A 16A 26A 26A 23A 23A 26A 22A 20A 19A 19A 15A 16A 17A 18A 22A 17A 19A 21A 22A 17A 20A 23A 060 26A 060 -56- --0,*A 3309 Elec Maintenance 23A 3310 Electrlclan 26A 03311 Elec Supervisor 27A j 3319 Aprtc Line Worker 040 3320 Elec Line Worker 24A 03321 Elec Line Supv 26A 3323 Aprtc Plumber 060 3324 Plumber 26A 3325 Aprtc Carpenter 010 3326 Carpenter 21A 03327 Carpenter Supv 23A 3328 Mason 21A 3334 Aprtc Painter 000 3335 Painter 20A 3336 Auto Body Wrkr/Pntr 22A 3337 Painter Sign 21A *3338 Painter Supv 23A 3339 Auto Pnt/Bdy Shop Supv 24A 3340 Plpefltter 19A 3350 Welder 22A 3351 Machinist 25A 3360 Stadiums Asst 16A 3362 Stadiums Asst Sr 19A 3372 Pot Security & Fac Supv 21A 3374 Police Fac Asst 19A 3402 Fuel Fac Att 15A 3404 Auto Mech Helper 17A 3405 Aprtc Auto Mech 020 3406 Auto Mechanic 23A 3407 Auto Mech Supv 25A 3408 Fuel Fac Supv 21A 3409 Heavy Eqp Mech Helper 18A — 3410 Heavy Eqp Mech 24A 3411 Heavy Eqp Mech Supv 26A 4005 Custodian I 14A 4006 Custodian 11 15A — 4007 Custodian Supv 17A 5019 Identification Aide 16A 5020 Police Comm Clerk 18A 5022 Pot Prop Spec I 17A — 05023 Fire Range Oper 26A 5024 Pot Prop Spec 11 19A = 5025 Ident Tech I 22A 5026 Ident Tech 11 26A 06027 ID Unit Supv 28A 5030 Latent Print Examiner 24A 5050 Video Equip Oper 20A — *5065 Master Alarms Supv 24A 5070 Crime Analyst I 22A 5071 Crime Analyst II 24A 05075 Pot Soc Prg Sp 27A 05079 Emergency Plan Spec 29A 05302 Fire Sfty Spec Sr 25A = 6304 Fire Sfty Spec 23A 05320 Video Program Spec 23A 5402 Comm Tech Appr 030 6404 Comm Repair Worker 21A 5405 Comm Tech 25A 5406 Comm Tech Supv 27A 5413 Comm Asst 18A 6415 Comm Operator 20A 5416 Comm Oper Supv 22A 5510 Guard 13A 5520 Stable Attendant 15A _ 5529 Facility Attend 14A ' - Job Basis/Exempt -57- 88" s oq:� - -- — Qccunatinnal 5530 ann"natIOng l Title Marinas Faclt Att 5537 Laboratory Aide 5550 Conven Rep Intern 6003 Grounds Tender Boos Park Tender I _ 6007 Park Tender 11 8010 Greenskeeper Bois Tree Trimmer sole Tree Trimmer Crew Ldr 8020 Cemetery Sexton 6021 Parks Naturalist 6025 Nursery Tender _ 06026 Horticulturist 6035 Parks Supv 1 6038 Parks Supv 11 6037 Parks Gen Supv 06055 Fac & Grds Tf Mgr Goss Marinas Aide 06105 Lifeguard (P/O) 8106 Pools Manager 6107 Pools Supervisor •6109 Sr. Lifeguard (P/O) - 06120 Tennis Supv —` 06123 Pro Cord Handl -� 06124 Pro Cord Hand Asst 6127 Hand Prom Asst 6128 Hand Prgms Leader _ 6129 Hand Prgms Spec 06135 Baseball Supv 6146 Rec District Supv 6148 Rec Specialist Sr 6149 Rec Specialist 6151 Water Sports Inst 06152 Boxing Supervisor 6160 Gymnasium Attend _ 06302 Day Care Ctr Supv 6304 Day Care Asst _ 7018 Vocational Counselor 7020 Comm Invol Asst 07021 Comm Invol Spec 7024 Refugee Counselor * - Job Basis/Exempt SaIary Hie 13A 14A 04A 16A 17A 19A 21A 16A 18A 20A 21A 17A 23A 18A 22A 23A 26A 16A 17A 19A 22A 19A 19A 27A 25A 12A 20A 18A 20A 24A 21A 18A 21A 22A 21A 23A 18A 21A 19A 21A 17A -58- --APPEND I X--9 - - 1023 - Typist Clerk IV 19M 1028 Secretary IV 21M 1035 Legal Secy 19M Hourly 1036 Legal Secy Sr 21M Hourly 1042 Legal Services Aide 15M Hourly 1124 Auditor 23M 1125 Staff Auditor 26M 1126 Staff Auditor Sr 28M 1127 Staff Auditor Princ 30M 1128 Asst Auditor 19M Hourly 1132 EDP Auditor 28M 1140 Budget Assistant 22M 1150 Investment Analyst 25M 1152 Investment Spec 28M 1153 Finance Manager 33M 1155 Wkr Comp Claim Spec 25M 1157 Claims Supv 30M 1159 Risk Manager Asst 32M 1160 Insurance Coord 26M 1215 Procurement Supv 29M 1230 Prop & Lease Mgr 33M 1302 Health Benefits Aide 19M Hourly 1306 Admin Aide II 22M 1309 Admin Asst I 25M 1310 Admin Asst 11 28M 1311 Admin Asst 111 31M 1312 Intergov Asst 20M Hourly 1313 Personnel Aide 19M Hourly 1315 Training Spec 24M 1316 Personnel Asst 21M 1317 Personnel Spec 24M 1318 Personnel Off 26M 1320 Personnel Off Sr 28M 1322 Personnel Supvr 30M 1323 Prncpl Research Psy 30M 1324 Pers & Safety Off 26M 1325 Personnel Adm Asst 32M 1326 Validation Supv 34M 1329 Manag Anal Asst 24M 1330 Safety Coord 31M 1331 Personnel Admin 34M 1334 Manag Anal Sr 28M 1335 Manag Anal Prncpl 30M 1336 Manag Anal Chief 31M 1337 Manag Oper Anal 26M 1338 Manag Anal Supv 32M 1339 Finance Sery Adm 31M 1340 Resource Coordinator 28M 1341 Market Ser Adm 31M 1342 Rsch S Devt Spec 28M 1345 Fiscal Assistant 22M 1350 Marketing Supervisor 29M 1352 Business Develop Sr 28M 1356 Business Dvlpmnt Supv 31M 1358 Supv of Econo Res 31M 1359 Econo Anal Princpl 30M 1365 Training Officer 26M 1366 Staff Analyst Asst 24M 1367 Staff Analyst 26M 1368 Staff Analyst Sr 28M 1369 Staff Analyst Prncpl 30M 1371 Interne Trade Coord 29M 1377 Job Train Supv 24M -59- w8515 1392 Support Services Coor 31M 1414 Public Rel Splst 29M 1422 Public Info Ofer 28M 1424 Conven Actvy Coord 28M 1427 Audltrm Mgr Asst 25M 1432 Special Events Coord Conv 24M Hourly 1434 National Sales Mgr 30M 1440 Fac Prom Agent 23M 1528 Print Shop Asst Supt 27M 1629 Print Shop Supt 30M 1537 Prod Ctri Spv 23M 1539 Documentation Spec 27M 1641 Systems Engr 11 30M 1557 Computer Opr Supv 26M 1560 Programmer Asst 23M Hourly 1562 Systems Programmer 29M 1566 Programmer Jr 26M 1567 Programmer 28M 1568 Programmer Sr 30M 1569 Programmer Chief 32M 1570 Sys Soft Manager 34M 1571 Sys Malnt Supv 30M 1572 Computer Opr Chief 32M 1573 Data Base Manager 34M 1576 Sys Analyst Sr 32M 1577 Project Analyst 33M 1580 Sys Deviop Mngr 36M 1582 Teleprocessing Coord 28M 1584 Data Librarian 20M Hourly 1586 Scheduler/Expedlter 21M Hourly 1588 Info Center Spec 30M 1590 Network Support Mgr 34M 1818 Tax 6 Llc Supv 29M 1628 License Insp Chf 26M 1810 Claims Invest I 20M Hourly 1812 Claims Invest 11 24M 1814 Legal Invest I 20M Hourly 1815 Legal Invest 11 25M 2030 St Light Eng 1 27M 2031 Civil Eng I 27M 2032 Civil Eng 11 30M 2033 Civil Eng III 33M 2034 Civil Eng IV 35M 2053 Landscape Are li 28M 2054 Landscape Are III 31M 2058 Project Rep 29M 2060 Cable TV Engineer 31M 2112 Bldg Insp Chief 31M 2122 Elec Insp Chief 31M 2132 Plumbing Insp Chief 31M 2152 Zoning Insp Chief 29M 2160 Mech Insp Chief 31M 2171 Codes Com Insp Chief 29M 2172 Env Inspector Chief 31M 2176 Supv Permits 3 Rev 29M 2177 Code Enforcemt Supv 27M 2178 Chief Code Enf Off 31M 2180 Cable Inspector 20M Hourly 2220 Planner I 27M 2221 Planner 11 31M 2222 Planner III 34M 2223 Housing Prog Supv 33M 2224 Comm Dev Coord 32M 2226 Housing Spcl Prncpl 31M 2227 Housing Spec Sr 28M 2234 Soc Prg Ani Sr 25M -60- 88-59 QeCUDst 1l�ha i 2235 Qrr��est 1 ona 1 Title Soc Prg Anl Supv salary a n o e 28M 2237 Commty Ov PrJ Supv 29M 2239 Social Prop Coord 31M 2248 Urban Action Grant Coord 32M 2252 Urban Develop Coord 32M 2263 Project Devlpmt Coord 31M 3012 Public Works Supv 28M 3022 Sanit Supervisor 25M Hourly 3026 Waste Col Supt Ast 28M 3026 Waste Col Supt 31M 3370 Prop Maint Asst Supt 28M 3371 Prop Malnt Supt 31M 3375 Bldg Malnt Supv 28M 3420 Garage Asst Supt 28M 3425 Garage Supt 31M 3452 Asst Fleet Manager 28M 5016 Pol Prop Unt Mar 32M 6017 Pol Prop Unt Asst Mgr 29M 6018 Pol Prop Unt Supv 26M 5040 Pol Budget/Pers Supv 31M 5060 Police Records Supr 25M 5067 Spec Events Coord 25M 5076 Prof Compliance Asst 19M Hourly 5077 Prof Compl Rep 26M 5303 Fire Sfty Spec Supv 27M 5312 Exerse Physiologist 27M 5314 Paramedic Instructor 29M 5316 Fire Sery Instructor 24M 5318 Fire Sfty Educ Spv 29M 6323 Video Program Prod 28M 5407 Comm Malnt Asst Supt 28M 5408 Comm Tech Supt 31M 5420 Tele Sys Dev Mgr 33M 5702 Clerk I M/C 12M Hourly 5704 Clerk 11 M/C 14M Hourly 5706 Clerk III M/C 16M Hourly 6708 Clerk IV M/C 20M Hourly 5710 Typist Clerk I M/C 13M Hourly 5712 Typist Clerk 11 M/C 15M Hourly 5714 Typist Clerk III M/C 17M Hourly 5715 Secretary 1 M/C 15M Hourly 5716 Secretary it M/C 17M Hourly 5718 Secretary III M/C 19M Hourly 5720 Account Clerk M/C 17M Hourly 5722 Accountant M/C 22M Hourly 5724 Accountant Sr M/C 25M 5726 Accountant Supv M/C 28M 5726 Admin Aide I M/C 20M Hourly 5732 Switchboard Oper M/C 14M Hourly 5733 Civil Eng 11 M/C 30M Hourly 5734 Civil Eng Ili M/C 33M 6047 Parks Tch Ser Spv M&C 27M 6048 Parks Tch Ser Spv E&S 27M 6049 Parks Coordinator 27M 6050 Parks Supt Of 31M 6051 Parks Asst Supt 29M 6059 Asst Stads Adm 32M 6062 Marine Stad Mar 27M 6065 Auditorium Mgr 29M 6066 Marina Operation Supv 25M 8069 Marinas Assistant 19M Hourly 6071 Marinas Facility Mar 26M 6119 Cult Affr Coord 29M 6132 Golf Course Supt 33M 6156 Youth Prgm Spec 25M 6162 Recreation Asst Supt 29M -61- 88--58 6300 Day Care Admin 27M 6301 Day Care Adm Asst 25M 7004 Medical Asst 16M Hourly 7006 Nurse Head 28M 7015 Police Staff Pay 33M 7019 Cltzn Prgm Supv 28M 7023 Cltzn Part Supv 26M 7031 Sanit Insp 11 23M 7032 Sanit Insp Chief 26M 7500 Exec See City Atty 23M 7605 Sr Secretary 21M Hourly 8000 Adm Asst to the CM 29M 8001 Writer -Editor 29M 8002 Commissioner's Aide 09M 8003 Admin Asst - City C 21M 8005 Admin Asst Sr - City C 23M 8007 Exec. Secretary 23M Boos Secretary III 19M $009 Special Aide 15M 8012 Marine Develp Spec 31M 8014 Asst City Attorney X2E Bois Admin Secty 1 19M 8017 Deputy City Attorney X5E Bois Admin Secty 11 21M 8020 Special Asst to Mgr 26M 8021 Executive Secy to City Mgr 25M 8023 Labor Reins Spit 26M 8024 Exec Asst Data Mgt 34M 8025 Asst To City Mgr I 33M 8029 Chief Proc Officer 35M 8034 Typist Clerk 1 13M Hourly 8037 Typist Clerk III 17M Hourly 8038 Records Secretary 18M 8050 Asst To Director-Pks 8 Rec 31M 8071 Assistant City Clerk X3E 8080 Ast To Dlr-CD/PM/SW 32M 8081 Asst to Dir-Com Dev 29M 8082 Admin Asst I 25M 8083 Admin Asst 11 28M 8084 Receptionist 17M 8091 General Clerk 15M 8099 Executive Aide 24M 8100 Prof Compliance Asst 26M 8101 Secretary IV 21M 8102 Sr Protocol Ofer 28M 8104 Secretary It 17M Hourly 8105 Prof Representative 29M sloe Contracts Admin 29M silo Admin Officer -CC 29M Bill Events Coord 25M 8114 Concert Promo/Prodcer 29M 8115 Asst to Director/PW 34M 8117 User Support Rep 23M silo Business Manager 34M 8120 Chf Depty City Clerk 29M 8122 Records Reten Coord 17M 8123 Support Sery Manager 15M Hourly 8125 Intergovern Asst 22M Hourly 8126 Min/Women Proc Coord 35M 8127 Cultural Liaison Aide 26M 8128 Clerk/Receptionist 12M Hourly 8131 Office Manager 24M 8133 Fiscal Prog Advisor 24M 8134 Resource Alloc Mgr 35M 8137 Publ Relations Agent 23M 8138 Housing Develop Coord 32M -62- Q8-58 - 7_14� _­_ __ - __ __ 8140 Expen Control Mgr 31M $152 Fleet Manager 32M 8155 Finance Officer 33M 8180 Chief Architect 36M 9184 National Sales Mgr 30M 9170 Asst to Dlr-Intnl A8R 28M 8172 Spec Grnts Mgmt Coord 26M $174 Chief Intrnl Auditor 32M $199 Emergency Prep Coord 32M 8208 Admin Asst. ill 31M 8210 Zoning Administrator 36M $301 Cable TV Engineer 31M 8406 San Services Aide 32M 8410 Media Relations Mgr 31M $700 Employ 8 Train Coord 34M 9702 Sr Train Officer 28M $704 Job Training Supervisor 24M 8706 Sr. Job Training Spec 22M 8708 Job Training Specialist 20M 8710 Info 8 Referral Aide 12M 8715 Info 8 Referral Spec 16M 8718 Clerk I 12M 8720 Employ Interviewer 17M 8724 Accountant 12M $726 Account Clerk 17M 8730 Job Developer 19M 8735 Soc Prop Analyst 22M 8740 Soc Prg Anal Sr 25M 8745 Ast to Fire Cf Bdg 8 Z 36M 8764 Financial Dev Adm 34M 8773 Admin Aide 11 22M 8774 Pension Board Adm 35M 8782 Development Sery Aide 22M 8787 Asst Audltrm Adm 30M 8790 Special Events Agent 20M *• All employees In the Law Department. Hourly Hourly Hourly Hourly Hourly All persons who hold interim, provisional, seasonal, part-time or temporary positions are Considered exempt from Appendix A and as such are not entitled to any benefits as specified In this Agreement. -63- � �J It CITY OF MIAMI. FLORIDA � 70 INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission t� FROM: Cesar H. Odio City Manager RECOMMENDATION: DATE: ���� FILE: it s-'f i SUBJECT: Resolution Ratifying Labor Agreement Between City of Miami and Miami General REFERENCES: Employees/AFSCME, Local 1907 ENCLOSURES: It is recommended that the City Commission authorize the City Manager to enter into a collective bargaining agreement between the City of Miami and the employee organization known as the Miami General Employees, AFSCME, Local 1907 for the period of October 1, 1987 through September 30, 1990 per the attached Resolution. BACKGROUND: Under Florida Statutes, Chapter 447, the City is required to bargain collectively with the certified bargaining representatives of the General Employees bargaining unit. The City and the Miami General Employees representatives have been meeting since June, 1987 in an effort to reach an agreement acceptable to both sides. As a result, the City an8 Miami General Employees, AFSCME, Local 1907 have agreed to a three-year agreement providing for a 0% wage increase for FY'87-88 a 4% wage increase for FY'88-89 and a 4% wage increase for FY'89-90. Bargaining Unit members will, in lieu of an anniversary increase rolled into the base, receive a cash payment equivalent for a period of one year. In addition, Martin Luther King's Birthday has been designated as an official holiday, and improvements were made in the City's contributions to the General Employees Health Insurance Plan. Please see attached memorandum for cost analysis. cc: Law Department Management and Budget % 0_r CITY of MIAMI. rLo"IDA INTEROFFICE MEMORANDUM Cesar H. Odio DATE. City Manager SUBJECT Rom Dean R. MielkeV1 REFERENCES Labor Relations Officer ENCLOSURES. December 29, 1987 RILE Contract Settlement with General Employees, AFSCME Local 1907 The City's negotiating team successfully concluded contract negotiations with the Miami General Employees, AFSCME, Local 1907 Thursday morning, December 240 1987. A summary of the more significant changes and their estimated cost impact is displayed below: Article No. 24 Wages: Provides for a 6% increase for FY 1987-88 a 4% increase for FY 1988-89 and a 4% increase for FY 1989-90. Provides for a cash payment in lieu of anniversary increases (no monies rolled into base). 28 Group Health Insurance: Effective upon ratifi- ation of contract, the City's contribution for single coverage will increase to $55.86/ payday and family coverage to $140.15/ payday. Cost Increases FY 87-88 0% increase: $0 Anniv. Payment: $250#000 (9 months) FY 88-89 4% w/o rollup: $1,354#901 4% w/rollup: $1,958,510 FY 89-90 4% w/o rollup: $1,409,097 4% w/rollup: $2,036,850 FY 87-88 $842,244 a w 4 r 0 Cesar H. Odio City Manager Article No. Subject -2- 41 Holidays: Martin Luther K ng's Birthday desig- nated as an official holiday. Lost Productivity 47 Term of Agreement: This agreement is three years in duration and expires on September 30, 1990. December 29, 1987 Cost Increases FY 87-88 $23,922 ($114,294) Estimate of Total FY 87-88 Cost Increase: $1,230,460 Estimate of Total FY 88-89 Cost Increase: w/o rollup $1,354,901 w/rollup $1,958,510 Estimate of Total FY 89-90 Cost Incraase: w/o rollup $1,409,097 w/rollup $2,036,850 In addition to the above, AFSCME has agreed to a 25% across-the- board reduction in salaries for all bargaining unit employees "HIRED" on or after ratification of the Agreement by the City Commission. We anticipate that the General Employees, AFSCME, Local 1907 will ratify the Agreement the week of January llth. Thereafter, it remains for the City Commission to ratify the agreement at the Commission meeting of January 14, 1988. DRM/sw cc: Lucia Dougherty, City Attorney Frank May, Acting Director, Management and Budget 3 � • S6