HomeMy WebLinkAboutExhibitAGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
T_ - i
FLORIDA PUBLIC EMPLOYEES'COUNCIL 79,
AFSCME, AFL-CIO, LOCAL 871
October 1, 204-42017 - September 30, 2-W2020
City's Second Revised Counter Proposal; (7/2012017)
AGREEMENT
This Agreement, entered into this day of (�� 241 12017, between the
City of Miami (hereinafter referred to as the "City") and the Florida Public Employees Council 79,
AFSCNIE, AFL-CIO, Local 871, (hereinafter referred to as the "Union")
5
TA ity TA Union
S PDN -868764429-2097797
PREAMBLE
WHEREAS, it is the intention of the parties to set forth herein the full Agreement between the
parties corncerninc, terms and conditions of employment which are within the scope of negotiations-,
NOW, THEREFORE, the parties do agree as follom:
TA Clty
�J
TA Union
Article 1
RECOGNITION
1.1. The bargamm"I unit is as defined in the Certification issued by the Florida Public
Employees Relations Commission on November 1, 2000, (Certification No. 1304, Case No. RC -2000-037,
EL -2000-037) which includes all the classifications listed in APPENDIX A of this Agreement. Any ne%v
classifications will be added pursuant to Chapter 147 -FL. Statute.
jj 7 �C`�o
'
IT cv� , b 1TA City A t'llloi7
Article 2
REPRESENTATION OF THE CITY
2.1. The Cite shall be represented by the Cite Mana4ger or person desiDnated in writing. The City
Maim-er or designee shall hmNe sole authority to conclude an Agreement on behalf of the City subject to
ratification by an official resolution of the City Commission. It is Understood that the City representative or
representatives are the official representatives of the City for the purpose of negotiating with the Union.
Negotiations entered into with persons other than those as defined herein, regardless of their position or
association with the City, shall be deemed unauthorized and shall have no wei¢ht or authority in cominittin;
or in any way obligatina the City. Accordingly, the Union, its officers, agents and bargaining unit members
agree to conduct all business regarding wages, hours, and terms and conditions
of employment, with the City Manager or designee.
TA City TA pion
Cit,,'s Revised Counter Proposals (6/30/2017)
Article 3
REPRESENTATION OF THE MINION
3.1. Tlie bar-Tainin17 unit shall be represented by a person or persons designated in writing to the
Departmefl Human Resources Department by the Union President or designee. The person or persons
designated by the Union President shall have full authority to conclude an agreement on behalfofthe Union,
subject to a majority vote of those bargaini«g unit members voting on the question of ratification. It is
understood that the Union President or designees are the official representatives of the bargaining unit for
the purpose of negotiating with the City. Negotiations entered into with persons other than those as defined
herein, regardless of their position or association r,vith the Union shall be deemed unauthorized and shall
have no weight or authority in committing or in any way obligating the Union or the City. The Union
President will notify the Department of Human Resources in writing ofany changes of the designated Union
representative.
3.2. For the purpose of meeting with the City to negotiate a collective bargaining agreement, the
Union shall be represented by not more than four (4) bargaining unit members and not more than one (1)
non-employee Union representative. The employee representatives will be paid by the City for time spent
in negotiations, with no loss of pav or emoluments but only for the straight -time hours they would otherwise
have worked on their regular work schedule.
3.3. The Union President or designee will be allowed to meet with bargaining unit members in the
assembly room during the one-half (1/2) hour prior to "work call" on the condition that the Department -of
e4d— ;'-a4e Director or his/her designee is advised one ( l ) workin'a day prior to the proposed meeting. The
bargaining unit members have the right to meet with the Union President or his designee on union business
at any time during the individual employee's breaks. The Union President or designee shall not have access
to the "work cal I" premises and in al I areas unless the conditions set forth in this section are met. It is agreed
by the parties the ineetin4,s referred to herein will not cany over beyond "tivork call" unless specifically
TA ity
9
ot(�
TA Union
qI (( n
City's Re%ISCLI Counter Proposals (b/3(}'24}17)
appro,ed by the n:.•r.rz ion -4t Department DircctOr of Solid Waste or designee, nor shall tlic} interfere
„ith Manalrenient's right to direct the „orkforce.
* a CA C�,
rf1 C'it,I TA, [inion
,, ( c�
Article 4
MANAGEMENT RIGHTS
4.1. The Union agrees that the City has and will continue to retain, whether exercised or not, the
sole right to operate and manage its affairs in all respects; and the po%vers or authority which the City has
not specifically abridged, delegated or modified by the express provisions of this Agreement are retained
by the City. The rights of the City through its management officials shall include but shall not be limited
to, the right to determine the organization of City Government, to determine the purpose of each of its
constituent departments; to exercise control and discretion over the organization and efficiency of
operations of the City; to set standards for services to be offered to the public; to direct the employees of
the City, including the rightto assign work and overtime; to hire, examine, classify, promote, train orretrain,
transfer, assign or reassign (daily eF,, -eeld- -` and schedule employees in positions with the City; to suspend,
demote, discharge, or take other disciplinary action against employees for proper cause; to
increase, reduce, change, modify or alter the composition and size of the work force, including the right to
relieve employees from duties because of lack of work, funds, or a material change in the duties or
organization of department: to determine the location ,methods, means, and personnel by -which operations
are to be conducted, including the ri,-ht to determine whether ;nods or services are to be provided or
purchased; to establish, modify, combine or abolish job classifications; to change or eliminate existing
methods. equipment or facilities. and to establish, implement and maintain an effective internal
security program.
4.2. The City has the sole authority to determine the purpose and mission of the City, and to
prepare and submit budgets to be adopted by the City Commission.
4.3. These inherent managerial functions. prero4gatives and policy-making rights which the City
has not expressly modified or restricted by a specific provision of this Agreement are not in any way,
directly or indirectly. subject to the Grievance Procedure contained herein.
10 (A
TA Cry TA 1 i7i, it
Article ti
NO STRIKE
5.1. "Strike" means the concerted failure to report for duty, the concerted absence of employees
from their positions, the concerted stoppage of work. the concerted submission of resignations, the
concerted abstinence in whole or in part by ail-, group of employees from the full and faithful performance
of their dutiCS of employment with the City, participation in a deliberate and concerted course of conduct
%rhich adversely affects the services of the City, picketing or demonstrating in furtherance of a work
stoppage, either durin�c the term of or after the expiration of a collective bargaining agreement.
5.2. Neither the Union, nor any of its officers, agents and members, nor any bargaining unit
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike,
sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing in furtherance of a work
stoppage, or any other interruption of the operations of the City.
5.3. Each employee who holds a position with the Union oceupies a position of special trust and
responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in
Chapter 447, Part 11, of the Florida Statutes, and the Constitution of the State of Florida, Article 1, Section
6. Accordingly, the Union, its officers, and other representatives agree that it is their continuing oblication
and responsibility to maintain compliance with this Article and the law, including their responsibility to
abide by the provisions of this Article and the lave 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 encoura4,e and direct employees violating this .Article or the
law to return to work. and to disavow the strike.
5.4. Any or all employees xvho violate any provisions of the law prohibiting strikes or of this Article
may be disrhh issed or otier�� ise disciplined by the City, and any such action by the City shall n -&t be alt
ar ..r,;w. ble tinder the p of thi: Agreement o appealable to Civil Service.
TA y TA Union
Article 6
DUES CHECK OFF
6,1. Durinuthe term of this Aizrcement. the City agrees to deduct Union membership dues, if any,
in an amount established by the Union AFSChiE Local 871 and certified in writing by an accredited officer
to the City from the pay of those employees in the certified bar4aininE7 unit wwho individually make such
request on a wwritten check off authorization form provided by the City. Such deduction will be made by the
City wvhen other payroll deductions are made and will begin with the pay for the first frill pay period
Following receipt of the authorization by the City-. The Union AFSCME Local 871 shall advise the City of
any than, -e in dries in writing at least thirty (30) days prior to its effective date.
6.2. This Article applies only to the deduction of membership dues, if any, and shall not apply to
the collection of any Union fines, penalties, or special assessments.
6.3. Deductions of dues, if any, shall be remitted by the City during the week following each
biweekly pay period to a duly authorized representative as designated in writing by the Union. The City
shall deduct from the remittance ail amount for the cost of dues check off. The amount will be calculated at
two (S.02) cents for each employee deduction, each payroll period, and ten (& 10) cents for each addition
or deletion to the check off register.
6.4. In the event an employee's salary earnings within any pay period, after deductions for
withholding?, Social SCCUrity, retirement, group health insurance, and other priority deductions, are not
sufficient to cover dues, it %N ill be the responsibility of the Union to collect its dues for that pay period
directly from the employee.
63. Deductions for Union dues shall continue until either : (1) revoked by the employee by
proyidin�-) the City and the Union wyith thirty (30) days .written notice that he/she is terminating the prior
check off authorization [the thirty (30) days notice shall commence on the day the dues cancellation request
is mailed by the City to the Unionj; (2) the termination of the authorizing employee, (3) the transfer,
promotion, or demotion of the authorizing employee out of the bargaining unit. or (4) unit decertification
occurs.
-1-f1 rtv
12
['A Union
6.6. The Union shall indemnify. defend and hold the City. its officers, officials. agents and
employees harmless against any claim. demand. suit or liability (monetan- 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 fiends received in accordance with this
Article tivhich are in excess of the amount ofdues which the City has a�=reed to deduct.
6.7. The Dues Check off Atlthorizatlon Form provided by the City shall be used by
employees who wish to initiate dues deduction.
C\ -A (V-.
TA City TA Ui'1011
Union Proposal
F PEOPLE Deduction
The Employer agrees to deduct from the wages of any employee who is a member of the
Union a PEOPLE deduction as provided for in a written authorization. Such authorization must
be executed by the employee and may be revoked by the employee at any time by giving written
notice to both the employer and the union. The Employer agrees to remit any deductions made
pursuant to this provision promptly to the union together with an itemized statement showing the
name of each employee from whose pay such deductions have been made and the amount
deducted during the period covered by the remittance.
C itw's Revised Counter Proposals (6/30 ?017)
Article 7
GRIEVANCE PROCEDURE
7.1. A grievance is defined as a dispute involy inyg the interpretation or application of the specific
provisions of this Agreement or disciplinary actions beyond a written reprimand, except as exclusions are
noted in other Articles of this Aereement.
7.2. A grievance shall refer to the specific provision or provisions of this Agreement that are alleged
to have been violated. Any grievance not conforming to the provisions of this paragraph shall be rejected
and considered conclusively and irrevocably abandoned. Oral and written
reprimands/warnings/deficiencies shall not be considered grievable under this Agreement or the Civil
Service Board. The grievance procedure set forth herein is only available to classified permanent
employees.
7.3. Nothingin this Article or elsewhere in this Aureement shall be construed to permit the Union
to process a grievance on behalf of any employee without the employee's consent, or to permit either the
Union or an individual employee to process a grievance with respect to any matter which is the subject of
a grievance, appeal, administrative action before a governmental board, commission or agency, or court
proceeding brought by an individual employee or group of employees, or by the Union. The parties agree
that any complaint specifically regarding the interpretation or application of the Civil Service Rules and
Regulations is only reviewable under the procedure Currently set forth in Rule 16, Civil Service Rules aild
Re4wlations. and not under this Grievance Procedure. A request for review of complaints under Civil
Service Rules 16.2 and 17 may only be made by employees with permanent Status. Such reviews will be
denied where the request does not cite the specific Civil Service Rule which is the basis of the complaint;
where the issue is a matter subject to collective bargaining or where the request for review or investigation
is received more than 30 days after- the incident in question or knowledge thereof.
7.4. It is further agreed by the Union that employees cowered by this Agreement shall make an
exclusive election of rcrlledy at Step Two of the Grievance procedure or prior to Imilatingaction for redress
15 ,t
1*�
TA Citw 1;1 ni�}n
' L
City's Revised Counter Proposals (W30/2017)
in MIN other forum. Such choice of rented` �� ill be made in +�riting, on the lorm to be supplied by the City.
Should suclr election of remedv not be tiled, the Union and the member auce and understand, that the
grievance %could be conclusively abandoned k� ith no other recourse or appeal to Civil Service.
The election of remedy form will indicate whether the aggrieved parte or parties wish to utilize the
Grievance Procedure contained in this Agreement or process the grievance, appeal or administrative action
before an a0ency or coul•t proceeding. Any selection of redress, other than through the Grievance Procedure
contained herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for
adjustment of said grievance.
7.5. To simplify the Grievance Procedure, the number of "working days" in presenting a grievance
and receiving a reply shall be based upon a five (5) day wort: week, Monday through Friday, not including
City-wide holidays. Any grievance not processed in accordance with the time limits provided below, shall
be considered carlclusively abandoned. Any grievance not answered by Management within the time limits
provided will advance to the next higher step of the Grievance Procedure. Time limits can only be extended
by mutual a4_>reement of the Union and Department of cored Wass Director or the Director of Depa�t emir
of—Human Resources Director or their designee(s). Such agreed to extensions shall be followed up in
writing.
7.6. Grievances shall be processed in accordance with the follo%%ing,, procedure:
Sten 1.
The aggrieved employee shall discuss the ¢grievance %%ith the emplo%ee's immediate supervisor
outside the bargaining.; unit within seven (7) working days of the occurrence which gave rise to the
grievance. The Union representative shall be notified of all grievance meeting(s). Failure of the Union
representative to attend shall not prec[ude the meeting.; from taking* place. The immediate supervisor shall
revieN% the matter and shall verbally respond to the employee �� ithin seven (7) "orlon¢_ dans.
Where a Brie\ ince is general in nature iii that it applies to a number of employees having the same
issue to be decided. or ifthe grievance is directly betmeen the Union and the City. it shall be presented
directly at Step 3 of the Grievance Procedure. within the time limits pro\ided for the submission of a
1(,
TA itr
41-1-
4C\11.1
City's Rewired Counter ProposaIs(6,;f)"2U17)
gric,,ancc in Step 1 and siggned by the agUrieved employees or the Union representative o« their bcllaII'. The
Election of Remedy form as provided in Section 7.4 of this article shall be completed and attached to
grievances presented directly at Step 3. Should such Election of` Renedv not be tiled. the Union and the
member agree and understand, that the <,rievance would be c011clusively abandoned �,ith no recourse or
appeal to Civil Service.
S tAm 2
If the -rievance has not been satisfactorily resolved at Step I. the Union may pursue the grievance
by a %sriIten appeal to the Department of Se1i' Was Director within seven (7) working days front the time
the Step 1 response was issued or due (whichever occurs first). A facsimile transmittal is an appropriate
means of notice for processing the grievance pursuant to Article 7 throughout all steps as long as it is
followed up Witil (lard copies and/or originals 3 days before the hearing date. Otherwise the grievance
and/or administrative proceeding would be conclusively abandoned.
The Department 48alW Waste Director or designee shall meet with the Union representative and
shall respond in writing to the Union within seven (7) working days from receipt of the written grievance.
Sten 3
If the grievance has not been satisfactorily resolved at Step 2. the Union may present a written
appeal to the Pifeetar of Department e Hunan Resources Director or desi`_=nee within seven (7) working
days from the time the Step 2 response was issued or due (whichever occurs first). The PiFeCAOF E)
Depallment Human Resources Director or designee shall hold a grievance hearing tivithin seven (7)
working-, days from receipt ofwritten appeal with the Union representative and shall respond in writing to
the Union ithin ten (1 D) workin_days from the date of the hearing.
Sten -4
If the Grievance bas not been satisfactorily resolved within the Grievance Procedure. the Union may
request a regie" by an impartial arbitrator provided such request is filed in mtitins %%ith the Pirector of
Depa,-,. ent o Human Resources Director, no later than Fifteen (15) kNorking da%s after the o
17
Or4
Tr Cih A Union
-
-�I[aki
Cit -N's Revised Cnunter Proposals W30 2017)
t�ernt- f Human ReSOUrce5 Director or designee's Step 3 response N% a', issued or due (N+hichcver
occurs first).
7.7. All Lrrieyances must be processed N�ithin the time limits herein provided unless extended by
mutual agreement in writing between the department and/Or the Human Resources
Department. and the Union. Any grievance not processed in accordance %yith the time limits provided above
shal I be considered conclusively abandoned.
7.8. The parties to this Agreement will attempt to i-nuttially agree upon an independent arbitrator.
If this cannot be done, one will be selected from a panel or panels to be Submitted by the American
Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FNICS) as agreed to by
the parties- Any issue of timeliness of the grievance will be addressed in a separate, arbitration to be held
before the arbitration on the merits of the case. The parties agree that the arbitrator who decided the
timeliness issue will not be selected to hear the case on the merits.
7.9. The arbitration shall be conducted under the rules set forth in this ALYreement and not under
the rules of the American Arbitration Association or the Federal Mediation and Conciliation Service as
agreed to by the parties. Subject to the following, the arbitrator shall have jurisdiction and authority to
decide a grievance as defined in this Agreement All issues ofarbitrability shall be decided by the arbitrator
except as, othervvise noted in this contract. The arbitrator shall have no authority to change, amend, add to,
subtract front 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
�r hich 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 A,-,recment.
7.10. The arbitrator may not issue declaratory or ad%isory opinior)s and shall confine himself
exclusively to the question which is presented to hien. which question roust be actual and existing.
18
City's ReN ised Counter Proposals (6'30,',017)
7.11. It is contemplated that the Citi and the Union 1111.1tualk agree in +%riling as to the statement
of the matter tL) be arbitrated prior to hearing: and if this is done, the arbitrator shall confine their decision
to the particular matter thus specified. In the e4ent of failure of the parties to so agree on a statement of
issue to be submitted, the issue will be framed by the arbitrator at the time ofthe hearing.
7.12. Each party shall bear the expense of its own witnesses of the arbitration includin-2, court
reporters and of its o«n representatives. The parties sliall bear equall% the expense of the impartial
arbitrator. and the transcript of the arbitration hearing. The City agrees that the union has no obligation to
represent or file grievances on behalf of non -dues paying members. However. should any individual
employee, not being represented by the union, brim a grievance under this Article, the employee shall be
required to post a bond of an estimated one-half of the expenses of the hearing with the arbitrator before
the hearing may be scheduled. This in no way relieves the union of their obligation to pay the above stated
fees, when the union files a grievance up through arbitration on behalf of member.
7.13. Copies of the award of the arbitration made in accordance with the jurisdiction or authority
under this Agreement shall be furnished to both parties within thirty (30) days of the hearing unless the
arbitrator needs more time and shall be final and binding on both parties.
(0-461
TA C Ito
19 .0�
TA [lniui
C il\ 's Re\ iced Counter Proposals (6'3f}.'_'017)
Article 3
NOTICES
8.1. The City of Miami a=grees to provide to the Union tine follokNin- notices or bulletins: CIC}
Commission Avenda, the Solid Waste Department draft bud=get to be presented to tine City Commission.
the Solid Waste Department final departmental budget and any other notices, bulletins, or material %khich
the City Manan-er or designee determines Would affect the terms and conditions of employment of the
members of the Union. Such notices and estimates will be available for pickup by a Union representative
at the Cit- of Miami's Department of Human Resources. Labor Relations Division.
20
FA llnion
Article 9
ATTENDANCE AT MEETINGS/FNIPLOYEE UNION TIME POOL
9.1. Only one employee Union representative shall be alloy+ed to attend reutilar meetings and
special meetings of the City Comittission. the Civil Service Board, the Equal Employment Opportunity
Advisory Board and the Pension Plan .Board on City time. Time off for the employee Union representatives
or any other bargaining unit employce to attend other meetings will be in accordance with Section 9.2 of
this Article.
9.2. A Union Time Pool is hereby authorized subject to the following:
A. Each fiscal year, the City agrees to provide a cumulative time pool bank of 3-,989' 0
ov
hours to be used in accordance with the provisions of this Article and any and all
hours heretofore banked are to be considered rolled over at the end of each fiscal year.
B. The Union President shall complete the appropriate City provided form to request
authorization from the DiFeOt,.,- „rthe r,epai=t.,.e„t 4FSo;:r :Va4e Director or designee for
an employee to use time from the Time Pool. This form shall be signed by the Union
�t
geq
President and forwarded to the PifeetaF eF the Director for
b �4'o1iCj`t�+esc
approval. The D-Weetai- a' the '-`epai4flien*-��a44 Director or designee shall V
1110
forward the approved form to the Supervisor of the employee who is to use such tire. The
fonn must be processed so that a copy shall be in the Office of the
Dq" -'Ao"'44 0 , � (\
Director a minimum of seven (7) calendar days prior to the time the employee
requests such leave. A copy shall also be forwarded to the r,e..,.,l4me.,t of Human Resources
Department. It is understood oil rare occasions the seven (7) day time limit may not be met.
d 1, � .
The Union President or deesi�.njee then shall forward a detailed explanation to the
11�a^�i if�N�j`
r,e,.., -�+ Yt — - � � Director as to why the seven (7) day rule.vas not met, and copy
the r,e,t..r..iient of human Resources Department.
20 on )�A
TA tty TA t1nion
C. Employees shall be released from duty on pool time only if the needs of the service permit,
but such release shall not be unreasonabl` tiezlred. Ivan em p l ogee(( cannot be released at tIic I �
V I L VL�
time desired due to the needs of the Depa,-iment of—Solid Department. the Union nia\
request an alternate employee be released from duty during the desired time.
D. Only one (1) bargainim, unit employee shall be released to attend meetings requested by
the City unless management authorizes additional bar�-aining unit personnel.
E. in reporting an employee's absence as a result of trtilizittg the Union Time Pool, the daily
attendance record shall reflect; (Authorized Leave) "Employee Doe on AL".
F. Any injury received or any accident incurred by a bargaining unit member whose time is
being paid by the Union Time Pool, or while engaged in activities paid by the Union Time
Pool, shall not be considered a line -of -duty injury, nor shall such injury or accident be
considered to have been incurred in the course and scope of the bargaining unit member's
employment by the City of Miami within the meaning of Chapter 440, Florida Statutes, as
amended.11 j�1' ,N
G. Upon written request to the Director, the employee Union
President, or designee, will be released for the terra of this Agreement from regularly
assigned duties for the City. The terms of this Agreement for such release are only to be
implemented if tile following qualifications are met by the Union:
The Union President, ora designee, will be reasonably available through the Union
oftiee Currently located at 700 South Royal Poinciana Boulevard, Suite 700, Miami
Springs, FL: 33166, or as may be otherwise advised in writin��, for consultation
with the Management of the City of Miami.
?. As provided in Section 9.1 of this Article, only the employee Union President or a
designee shall be released to attend meetings.
21
TA City V1 A Ui ion
3. The Time Pool %N ill be charged for all hours during Nkhich the employee Union
President is on off-duty release eNcept that absence due to use of vacation leave.
compensatory leave. or sick leave will be charged to the employee's leave
accounts. Employees conducting Union business or attending meetings shall not
have that time counted as hours worked for purposes ofovertiene or compensatory
time.
9.3. All applicable lades, rules. regulations and/or orders sliall apply to any person released under
the terms of this article. Violations of the above-mentioned laws, rules, regulations and/or orders may
subject the employee to disciplinary actions.
9.4. The City reserves the right to rescind the provisions ofthis Article in the event any portion of
this Article is found to be illegal. Canceling the Article shall not preclude further negotiations of future
employee pool time.
0 ) LZft�
TA Wv
72
TA Jnion
Article 10
SPECIAL MEFTINGS
10.1. The Cite Manager, or desi,nee, and the Union agree to meet and confer on matters of interest
Upon %mitten request of either parts-. The xtiritten request shall state the nature of the matter to be discussed
and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the request,
and it is understood that these special meetings shall not be used to rene4,otiate this Agreement. Special
meetings shall be held within fifteen (15) %yorking days of the receipt of the �%ritten request and shall be
held between 8:00 a.m. and 5:00 p.m., at a time and place designated by the City. The Union shall be
represented by not more than five (5) persons at special meetin`*s. One (1) of the employees shall be the
person on full time release.
10.2. Release of an employee from scheduled work assignment for the purpose of attending a
special meeting shall be made in accordance with ARTICLE 9, SECTION 2, of this Aureement. However,
if the meeting is canceled by the City Manager or designee, no charge shall be made to the employee time
pool.
23
TA City TA Union
Article I I
LABOR/MAN AGENIENT COMMITTEE
There shall be a Departmental Labor,'Manatgement Committee established in the Solid Waste
Department of the City of Miami. Said Committer: membership shall include representatives frorn
management and bar-aininUJ unit members.
11.1. The Departmental Labor/Management Committee shall meet at least every two (2) months,
and such meetings shall be scheduled during normal business hours. The purpose of these meetings will be
to discuss health and safety issues, quality of work -life, productivity. service, acq uisitioil of e ui melt Id
tools, communication and objectives of mutual concern, not involving matters v,hich have been or are the
subject of collective bargaining between the parties. It is understood that these Departmental
Labor/Managernent Committee rneetin;s shall not be used to renegotiate the labor agreement between the
City and the Union. All decisions made by the Departmental Labor/Management Committee shall be by
affirmative consensus and shall be forwarded as recommendations to the Solid 'Waste Director. The Solid
Waste Director or designee will provide the Union President and committee members with a written
response outlining what actions will be taken if any by the department to the issues that were discussed by
the committee within fifteen (15) working days unless the time frame is mutually extended by both parties.
11.2. The Departmental Labor/Management Committee meetings shall be conducted on an
informal basis with the selection of a chairperson to be determined by the members of the Committee.
Length of participation of Committee members shall be determined by the Departmental
Labor/Management Committee. The chairperson shall arrange for minutes to be taken of the meeting and
for the distribution of copies to each member of the Committee. Union Iusiness Manager and the employee
Union representative and the City's Labor Relations Officer, The 111inLlteS will also be made available at the
Department of Human Resources. Labor Relations Division for revic%�. Howeveranythin`z related to health
and safety shall be prioritized.
0/' &/110
T City,
24
i1 Union
cz 3c' 1 tq
Article 12
SAFE, DRIVING
12.1 In recognition of the police to encourage saf'c dri% in„ all bargaillin; unit employees �Nho are
regularlyy scheduled to drive city vehicles or operate Department equipment shall receive ten (10} hours of
compensatory time for each annual period the driver is accident free. Accident free means that for this
annual period the employee has not been ruled to be at fault. Any pending rulings will delay receipt of any
award until that case has been resolved. The one (1) year annual period for measurement wif] commence
each October I` . Any hours awarded will be credited to the employee's compensatory leave bank lvlthln
(2) weeks from the date the employee has not been ruled to be at fault for an annual period providing there
is no pending determination of accident fault.
Definition of Regularly Scheduled means: Assigned to a city vehicle or equipment for a period of
10 months within a Fiscal Year. Commencement of regularly scheduled assignment is the actual day
assigned to drive a vehicle or operate Department equipment. Vacation, Compensatory and Holiday Time
taken while assigned to driving a city vehicle or operating Department equipment shall count as work
assigned to the driving a city vehicle or operating departmental equipment. However, Sick Leave,
Disability, Illness of Family or working on Union Business are not counted as assigned to driving a vehicle
or operating Department equipment.
12.2. All bargaining unit employees operating City vehicles shall have obtained the federally
required commercial driver's license and endorsements as may be determined necessary by Management.
Bargaining unit employees operating motorized vehicles in the Solid Waste Department shall have the
required Florida Operator's License and/or endorsements in their possession at all times. Should the
employee not have in his/her possession upon inquiry by the Department a valid license as required by the
contract, he/she shall be disciplined.
25
1
TA City TA Union
12.3. An% employee Wiose driver license and/or endorsenient(s) are revoked. suspended or
restricted in aiv way by the State of Florida shall notify his/her supervisor immediately. Should the
cmpIoyee fail to notify the Department Of a suspension. revocation, or restriction in writing as required by
this contract he/she shall be subject to discipline.
1.2.4. Any employee whose driver license is revoked or suspended will be allowed to use vacation
or compensatory tirne, or leave without pay for up to two weeks to correct the suspension or revocation. If
the suspension or revocation is not corrected within that time the employee will be suspended without pay
for a period of 30 days. If after the 30 days suspension without pay, the driver license suspension(s) or
revocation is not corrected, the employee will be demoted to a non -driver classification if such a position
is available, If no such position is available, the employee will be separated from employment. Future
opportunities of promotion to a driver classification for the employee placed in a non - driver classification
shall be in accordance with Civil Service Rules and Regulations.
Employees who do not have a commercial driver's license and required endorsements shall not be
eligible to work out of class in driver classifications.
26
TTA
Union
Cit\ "s Revised Counter Proposals (6'30 2017)
Article 13
BLiLLETIN BOARDS
13.1. The City \\ ill provide for tileUse of the Unionsi a glass enclosed locking bulletin board at the
+
Solid Waste Department building-*�A key to the bulletin board will be kept by the Department Head or
designee. and by the President ofthe Union. The bulletin board shall be used only for the follo\\inu notices:
A. Recreation and special affairs of the Union
B. Union Meetings
C. Union Elections
D. Reports on Union Committees
E. Contract Administration Information
13.2. Notices or announcements shall not contain anything political or reflecting, adversely on the
City or any of its officers or employees; notices or announcements which violate the provisions of this
section shall not be posted. Notices or announcements posted must be dated and must bear the signature of
the Union President or designee. In the event any material not comporting with this article is posted on the
bulletin board, it shall be promptly removed by a representative of the Union or a representative of the City.
TA niton
A�kq
Article 14
NO DISCRIMINATION 41V
14.1. The City agrees to continue its policy of not discr-minating. harassing or bullying against any°
employee because of age, race, religion, national origin, Union membership, disability, sexual orientation
or sex. Any claim of discrimination, harassment. or bullying by an employee against the City, its officials
or representatives, shall not be grievabie or arbitrable under the provisions of ARTICLE 7 - GRIEVANCE
PROCEDURE but shall be subject to the method of review prescribed by law or by rules and regulations
having the force and effect of law.
Any employee who so desires has the option to file a complaint with the City's E.E.O.D.P. (Equal.
Employment Opportunity Diversity Program) office, provided that the employee must complete, sign and
Submit their complaint on a form supplied by the Cite.
14.2. The Union shall not interfere with the right of employees covered by this Agreement to
become or refrain from becoming members of the Union, and the Union shall not discriminate against any
such employees because of membership or non -membership in any employee organization.
,S
1
TA v A L neon
Citv's Reo ised Counter Proposals W-30"2017)
Article la
PROBATIONARY PERIOD
15.1. All barag,aIII III! unit employees shall be required to serve t\aeIve (12) months ofcontinuous see•N ice ill
a probationary status commencing "ith the date of their appointment to any bargaining unit classification.
15.2. Probationary periods may be extended by the Department of Solid Waste Director or designee for an
additional period not to exceed six (6) months. The employee shall be advised in "riting of the length of
the extension and the reasons for it prior to the end of the employee's eleventh month of service: provided
however that probationary period extensions shall not be reviewable or appealable to the Civil Service
Board nor turievable under this Agreement; but shall only be subject to review by the Humin
Resources Director or desi-nee whose decision shall be final and binding, on the employee and the
Department.
30
A
q ��
lrticle 16
DISCIPL,I.N:rRY PROCEDURES
16.1. When an employee has reasonable grounds to c013clude that his participation in an
investigatory interviexa �k ill result in receipt of disciplinary action, the employee ma% request that the Union
President or a City° employee be present at the intervieNw. The employee's representati\ e shali coniine his/17er
role in the investigatory interview to advising the employee of his/her rights. Upon request, the City Will
either grant the request and wait for the union representative (not obligated to delay the interview beyond
two (2) hours), deny the request and end the meeting immediately or give the employee the choice of either
endin�(T the meeting or continuing without a representative.
16.2. Investigatory interviews shall be conducted at a reasonable hour, preferably while the
employee is on duty, unless the seriousness of the investigation is of such degree that immediate action is
required. If the employee is to be interviewed outside his/her assigned work schedule, he/she shall be paid
overtime in accordance with Article 21 — Overtime/Compensatory Tine/Cal [-Back.
16.3. At the commencement of the interview, the employee shall be advised of the subject matter
ofthe investigation, if he/she is a principal, and identify those parties making the allegations.
16.4. Interviews shall be for reasonable periods and shall allow for such personal necessities and
rest periods as are reasonably necessary.
16.5. In cases where it becomes necessary to immediately relieve a permanent, classified employee
covered by this Agreement, the employee shall be relieved of duty with pay pending the outcome of the
investigation. Proof of service of notification of discipline resulting from an investigation shall consist of
either: a) hand delivery to the employee, or b) certified mail delivery to the employee's last known address
on file with the Department of Solid Waste.
16.6. An appeal of any discharge or other disciplinary action, excluding oral or written reprimands
will be in accordance with Article 7.
30
TA i , TA Clnion
16.7. Etirployees Wio have not attained permanent status in the classified service, or %vho are
entrance probationary employees. may not 4(,rieve disciplinary action under- the provisions of this
Aareement. Permanent classified Civil Service employees Mio have been appointed to a promotional
position but %0o have not completed the rccluircd probationary period may be rolled back to the previously
held position ifhe fails to meet his probationary period at any time prior to the expiration of the probationary
period. Said demoted employee shall not be accorded a hearing before the Civil Service Board or access to
the r?rievan ce procedure contained herein.
16.8. Employees may be progressively disciplined only for proper or just cause, provided they are
full-time employees who hold permanent status in the City's Civil Service. Progressive discipline shall
include the following;
1. Verbal or Oral Counseling
?. Written Reprimand
3. Written Reprimand/Forfeiture of up to eight (8) hours of the employees' vacation
or compensatory leave balance
4. Suspension of up to 3 workdays
5. Demotion
6. Dismissal
;I
TA C TA Union
Article 17
ABSENTEEISM & TARDINESS
17.1. The partici a`,ree that cinplo�ce ilbSc n[.elinl and or t;lydincii hiiidcri the cost - efficient
deli�er� of scr%ice b\ the department and creat:�s hardship for both managemcnt and rnenlbe.ri of the
baruaininu, unit. The Union %ill ur_le its members to reduce absent::eBill pursuant to that position the parties
agree that:
17?. Definition of Instances:
Absenteeism - An absence from %wrk of more than one consecutive w orh da\ for reasons of non -
job related illness or injurti, or family illness not excused under FMLA or any
absence witliouit lease not authorized at least one «ori: day in advance of the
absence. A physician ordered absence because of the employee's injury or acute
Illness or his attending to Serious injury or acute illness of ani actual member of
the employee's household sha11 not be counted as an instance of absence prop ided
the employee has submitted proper documentation. Management in its sole
discretion may require a Doctor's statement from the einployee verifying same.
Failure to provide the Doctor's verification N4ithin three (3) worklm—r dabs shall
cause the absence to be counted as an instance. The submitted doctor's statement
shall verity" the duration of time the physician feels the illness disabled the
employee from performing their worn..
Tardiness - Reporting for worn: in excess of t�%elye (12) minutes beyond the scheduled starting
tirne of the shift. Employees v ho are tardy to \\c?rk «ill be carried unauthorized
leave without pay lit six (6) minute increment;.
Annual Period A trteke (1') month period beginning October I" :Ind endinz September 30"'.
3'_
TA std fA L�niun
17.3. }applo} ee-s shall he disciplined for ah once, and tardiness lit 11CC1'l'd.11lce %%Ith 1114 i0111mill'!
Number of Instance; Dl,ciplint
Mrd instance in annual period Written %%arnin,F
hth illstaltce in annual period Written reprimand
10th instance in annual period Three (;ork dati suspension pay
1 1 t11 instance in annual period One mmk W eek suspelision v, 'o pa%
12th instance in annual period Distnissai P ry�-
Vt'fr,'-i �'�1
v
17.4. Exceptions to the above schedules mar be ,'ranted b\, the _ Director
or desi.nnee and the Pifee.,,r o. Qiepaltmen. er Human RCSOLlrces Director or designee, if. in their sole
discretion, indi%idual circumstance; «arrant such action. Any request Cor a regiew of an instance must be
AX'rtw e -t
Med \�-Ith the Director+k ithin tipe (5) «orkin,x day's of the receipt of any related
discipline by the employee.
TA Citi fr1 l.' i",
Article IS
LOSS Of EMPLOYME\T
13.1.. Employees shall lose their seniority and their employment shall be terminated for the
follo«ing reasons:
1. Dischame if not reversed.
?. Resignation ifnot vithdrawi Nkithin twenty four (24) hours from submission to the Department
Director.
I Abandonment of position. An employee absent for three (3) consecutive work days without
personal notification to the City shall be considered as having resigned unless the employee has a
legitimate acceptable reason for that absence and for not notifying the City of his/her absence. A
resicynati011 under this article shall be appealable only through the grievance procedure. On the
second day an employee is absent "W" (without pay), the City shall notify the employee Union
President of the employee's absence.
4. Unexcused failure to return to work when recalled frorn layoff..
5. Unexcused failure to return to work after expiration of a formal leave of absence.
6. Retirement.
7. Layoff for a continuous period of twenty-four (24) months.
re) o'
ThIcitv
3-1
A Ur ion
I -�� I (f-�
Article 19
LAYOFF AND RECALL
19.1. Definition: Senioritv shall mean the status attained by the 1en-1th ofcontinuous service «ithin
existing permanent Civil Service classifications within the Department of Solid Waste.
19.2. Definition: Layoff shall mean the separation of employees from the permanent active work
force due to lack of work. funds, abolition of position or positions because of changes in organization or
Other causes however the parties agree there will not be any layoffs of Local 871's bargail]it]g unit
2Ci 22 26
4
employees from October f,-i•tl]rollah September 30, ?9#-, and the City NN mai�]tairz Local 87 I's 9
bargainingunit positions for the duration of the current Agreement. `j� k(z[r.
19.3. In the event a permanent or prolonged reduction in personnel is determined to be necessary,
length of seniority shall be the determining factor in such layoff (and any subsequent recall from lavoff)
except the Department of Solid Waste may deviate from seniority in layoffs or demotions when seniority
alone would result in retaining employees unable to maintain a satisfactory level of service to the citizens
when such deviation is recommended to and approved by the City Manager. In such cases the Union will
be advised of the determination and the reasons therefore.
19.4. In the event an employee having permanent status in a Civil Service classification covered by
this Agreement is laid off, lie or she shall have the option to bump the most junior employee within a lower
classification covered by this Agreement in which he or she held permanent status.
19.5. For the term of this Agreement, should the City determine it requires additional personnel in
the Solid Waste Department. personnel on layoff will be given an opporttmity to till a position in the Solid
Waste Department in accordance with the Civil Service Rules and Regulations. To the extent practical,
based on the City's needs, employees on layoff and vNho qualify will be considered for vacant part-time and
temporary positions from the established layoff list within the City. Those employees on
the lay-off list shall be considered hired before the City may recruit from employees not currently
Oil the City's payroll.
35
a n
TA irs 1 4 TA L nion
City's Second Re4[;cd Countcr Proposals (7,20'20',7)
article 30
WAGS
211. The [.it0n qnzs Yitl) Cc Q. that there is a rLLd to addr-.ii the ci eraLional mLt; od of t1l`.'.
Solid Waste De a. ;rent, vNhich mal rcyui% a reorganization rpt the Solid 'Waste Department. The
reor,a :za:ian \,will rec,'uirt. impletnentstion of staftins and operationa' chanes in order to iizrcase the
of ficienzy of the department and reduce costs of the Solid Waste Department. The Inion, its officers.
aztnts, 3F'.:I mor.. ers pledge their support in lrnpIcUlOnting SLCh opera'r,?nal c an, -2s or reorganization and
rile' L nlon h rth� 44a,1 ei all re ,...—e .1. ws oa approvin and noirce of such coverA by this a'lreeRmt.
r r` �+ i +4":-,f:t}1H c�:;—i--�� �-3-}i-� 44� i?- ftsz t4+c'tl�l�K-tit•*?t'- +!! 1 f'r t F}!sa 41et f-%-?i=�"ri+IF` � F FI i+i�T-+k+l } E-+t!c''F+1'°�.�' Fti
e1.Y�c'c t.,i•9tti.f12-rlr�:}!_:1C'I12�s-^Stflf"�!!°:IF:r���?cl�El�lc'�'k'1044-4tep'�<"llc"ll4!I°�-t'+tfl�'rjlti-}i'.c+tiltit-0h-tl-�.-�}t�d+'t)Filt�!42
percent {'` Y tt`tf'. t't
i
:cil.tc=.it= ..�_ i_�.F!--t-Il._•.t:i��iC'7i--�{r=Mitt!d-!7-i+ =t-f..�i"ke Ali_t!F#f'.-_-F`�4}-��;ti•_'--ra:--��r�':t'r-1?ttt F-{-l".0-.4iit a3�?t3+1`��--kfS - �7t�1�
tt 1 .�- -L ° irY 1 � i L 1.1- --e 6 f.�.., 1- '
.!er�,F�F�-ktr.. Frr...ti:Fr±�-F... c t �.��.cr �it_.I.t... t12=€law+El--F'rt�til. l=r_�-rker
It is})-� #ts ci-tt} —�F} tkFl irk!t F �(e�cr#F1 ^i ?i}!IikF� Ul'-,Ct!ye tli'_' f!rst [ull pj% period after 0etibcr I,
l7. a.l ba. -gaining wk t; embers wih receive a Arm percent (310) a2rom the b4urd Areas, and the
pay iota a: Ap,c:ndiw, C_shA be ad";115 d azccrdifz� k—, -C-
y[�J} jY.
bv,T(l YY .rte G'. G1^Z �'Zt:tr41 cI7c)-tc�C}9�1f be-LrJ
1. 1 "I tiled I cars-'_415--'�i
_K cti?� 0 �1rr QI I i. 211 i i. ovI AO i fl, rospecilvel\,, .targain1!1_ unit
membLri that are not at 00 m1:\,!mum .stip mill ret?['ry �c�+t? �l j mak' �}Fic'tcl�c cot t }z fff� +�l-�tti'.-ftc`ftcci
721
{:*iLil-rt}i-t"!yt-k=cckt-4t�1!r-- Iter? htaFite"t;zfr!lf*iy riil:4-4f?c!-mise'i-t){ ler-Eilr!!1'-t{
eft#fff?1F�kir rL-F-1+-i-�je�iffFTf``-t16�'-teh'fi?-e4rt•ltf�--�t-y'-�t'+11°_'+lt:��-1921-s,'e}ft?iii�C't`Y're�-�t'r`tt'ffl:�e'i'-�'r. �'fr'r-r'ne�-*xi#ff!FII.� f�
1�
; at is +il be zli_aibl_ Or st:p0nnivcrsary imeases upon a smisfactory evaluation and in om
amordanne 06 do ArtWe 20.3, below. Tll.-re ssfia I he no railer Sfeahnnit ercum Wreasei other di ml tl3ils
ewI11CYvwd 3 S : dltrnt q ills tmu o F this Ag, rL eineii r•
V:
2OZ Ad chars>es in Sala?;, f:)r reasons of pr'JInmimq deir!Kon, inedi: hwi-e e, anni ersaD
incrwia, or t%ar:ing out of clas;ificadon shall be efYacti"te Me first day of the pas roll period following the F"
C
fy
37 �
T;i Pity ��,�1�+���w T�11,!)I4tn
1
ff %� J- I j Li,h.4� 4 _ r I �^
A— �.t� � !rf.' (f ly � ��I �Crfofi �� "j 6L aLe (1) GP ,
fYIrra r^N CcF , L i4 ?'1A f i t I,!ae- 1',tL,f I t, VO j r- S t - � 'rt'' G 4I�.�5 �? l ewC vc�j e I
City's Secor,l R2�is.d Counter Proposals (7 20 2117)
etiecti„e d.t.e of t:le change. Leaves of absences without pay or suspension of any dumt& shall delay
ircreases bp,, tho period of time iavoiy�d.
211 RagO n_ unit members shall beconte eligible For a ti,, e percent on,L (1)
ste7,-,unn',,er3ary in,.rWase a.,:cr ing to t<':e table 1,-IoII ba.i�-d upon a sats*ictory eyaluutior and on Cie
pasitiyo ap,aro,,-al of the D: pat-ur ent Director.
Step 2
55 On one (1) YMr at S q 1
Step 3
after one (1) ,,car at Step 2
Step 4
54 On one 0) 4ear at St_p 3
J
S`_;;p 5
51,a after one (1) year at Step 4
Stip 6
5`l•a after one (I) year at St.-,- J
Sten 7
5'' after one (1) �e.tr at Step b
Step S
5'' af?r one ( I) year at Step, 7
Sten 9
after t,�o (2) years at St p S
Step 10
5!q after t,,�o (2) years at Step 9
Snp 11
5",0 al --r n,,,o (2) years at S:.p 1%I
Sop 1'
514 No w o ,,ears at Step 1 1
Step 13
5? a after r„: (3 t y a:tr s a_ Step 13
Step 14
after two (2) years at Step 13
Lea -,'Ls of a'aserce w itltout pay, suspeftsion
ofa:ty duration, or assignfrefit to Ii ht or modified duty
in a_ ordan e ,,„ith Article 25 shall dela_r
increases by be same n_cn�er of A Department
D;r::cto r fna. .„it'ti;`1d. an.;-Versarr increases
due to absent--ei;m rewkina from tardiness, sick
Wave usaya a^d or umii ;uclf time as, in die
Dcpat tftte:it Dire: tar'sjtidafreft:, the -,:nplo�ee's ser,, ice '~Within
the c” .ssilies:ion fr.cets the standards of satisfactory per`jnnan.:e for the position. Ennplo tz-; wl,e,e
anniycrtar,, inwre.tses are dela,: ed or denied
shall be notirled of the rc,.sons for the action being Mew
Empb,,cos Now are debled or denkd due solei,, to Ljr&nctiy lir Sick leab'.-
usage-
38
TA Cit'. TA 'ni n
Cit,'s 5econ l Revised Coulter Proposals (7 20,201 7)
matt rques: a reti i. -%v of th;: d -.mal b,, the 1 e--tt:-F Human Resouues D;re�:tor or deli nee, m hose
decision shill be Final and binding.
20.4. .env ba-yainln'T luta empl,,�ee, ui or retirement trJ : Cid" service, or separatir 2 under
hol:orale cmd7,ic 3, x414 ha3 s:r�ed fir a period of (25) vt-ars or mom shall be sz"ant.'J. at
k!:z tuna t:ti h:3.'her reirern:tit or honorable separation ore hu Bred sev�,nti-th:e: and three tertllu (1733)
hours of pa}'.
��f J
TA l,moo JJJ
City's SLcond Rrviszd Counter Proposals (7;'20`2017)
Article 21
O`'ERTINIE/COMPE\SATORY TIMEXALL-BACK
21,1. All authorized hours actually worked in ex:,ess of an emp!oyee's forty (-40) hour work week
shall be c,'nsidered w ertime work. Th: hours that emplo-:es are working or in,,olved in Union
rapre34ntation or labor-management activities shall not be consiarrcd hears worked in determining
overtime eli,-iibility.
21.2. Employees performing earned overtime work shall, at their discretion, be paid time and one-
half at th::ir straLyht time hourly rave of pa, or shall be gig zn compensatory time at the rate of time and one-
half for such m -orf:. This oyertinie rata shall be all inclusive and no additional compensation in the form of
hourly differential, etc., shall be paid.
31.3. The maximum a;curnulation of compensatory time hours is two hundred (200) hours. if an
employee takes compensatory time off, the hours in the employee's bank would be appropriately reduced
by such time off If an employee leaves the s,:rvice of the. Cih•' and cashes tiaair bank, the harrrs therein shall
be valuated ora the basis of the current rate of pay.
21.4. The parties agree that ovcrtirrie hours shall not be used in the computation of arrivin_, at
average carnimp for purposes of establishirary pension benefits.
21.5. The parties agree that a57ign+a+eraE>: al �ay�r�iftae-vr�+E�slattFl rest=fele i+la tl►e 1piartnaerat
p( til �iret+ �+� lesa ���+�sn�a r+rerafi+ tlF h� overtime %� ill he roiatCd to eligible persons within their
respective classifications by seniority within the cla;,;ilIcation. A volunta N, sign up list will be posted for
barg.iinir.; unit members t,} sign up for overtime within their respeuti4r c1,15silicatit,n. Employees %,,ho cal'.
out for a reuularly scheduled shift on a Monday or Friday will be skipped on the next two (2) overtime
rotations chat thet vrould othcryvise be eligible for selection. t�E+r+,+`�rrarr3t �i4 t+Eilrtita�a�l++t►t�r� rlr�; t+�+t
u ca =tee irT fats :�, teal � it e Fv<rt+nae—kni e1++-;ti��t+;� e rrt�Ia++ tWr �1-+ , f + eta ; need l kte +rex+4a tat f0a
cheal+tfi+a_}. z►tirrr?ka T e+Ee.. �4 fEk--eka,ai+a Elate s+*l e ++ o[=EEr l k tr++rie++N k+a� ar t!c +grere:
QJ1117
d 0
TA City FA Lnion
SPDN-464'644" 7-2)') 7
City's Second Revised Counter Proposals (7i' 0'2017)
31.6. Nl.t. a-zzm,m. by utilizing, yc kintzers a,,; set forth in Articic 21.5 does no( waivt: its right ; to
r; kkprirc�.tirri;�e um, members to work overtime. The parties a firzc that a;si *itinc,tt.; ol'o�ertinrc «ork
r ;t solely 44ith the DeLtrtrn-,'m Directt-ir or desP',nec, ificitidin'.'. decisioni r _,rdin; t¢ic cla;sificati011.s
needcd, fre(jienc%, staffl -_schedulin!_=, emeroncies. etc. The parties agree than-E>Fav�ttf+�
v-0gl�- rF—W! Tr:OIL;ett�tFV4'�tFsis-acid-an,. employee refusing assivnments Of such �iork is subject to
dis.;ip[ina:y action as deemed appropriate by the Solid Waste Director.
31.7. Anti permanent bargaining unit emplo��ee eligible for overtime shall, if recalled to duty by
Ni.rna_Yement during off-duty hours, receive a minimum of three (3) hours plus ono (I) hour travel time,
paid at t!le ovcrtiP; e rate. The parties agree that call - back hours shall nx b: used in tl:e computation of
avera_e earnings for purposes of establishing pension benefits. Art e, rploy:e out on ill time or %korkcr's
compensation %vi!I not receive call back pa,, fc r taking the required physical befor. said employee may be
released to return to work.
I
41
TA City TA Union
5PDN •$4,i9A'97
Article 22
VACATION
22.1. Vacation Schedirlin�z - By November 30'r' of the year preceding the vacation year,. each
employee will select a vacation period in accordance with the Department Vacation Selection Procedure.
Said Vacation Selection Procedure will be developed by Management and will include, but not be limited
to, the followinu elements:.
A. Vacation selection by seniority in classification.
B. Assignment of an employee number to all employees within each classification with the
number one (1) being the senior person in each classification.
C. Provision of time frames during working, hours in which employees will be directed to
select their vacation. be
22.2. The Solrste Director or designee shall establish a vacation schedule based
on a payroll year and shall post it by January 1 of the current year. The schedule shall establish the number
of personnel, by classification, who may take vacation leave at any one time.
By the last payroll period of each calendar year, each employee shall be granted a vacation period
subject to the provisions of this Article. Where an employee does not submit a vacation preference as
required above, the Depaiinient or `olid Wast Director or designee will assi�lln a mandatory vacation
period equal to the employee's current accrual rate, notwithstanding any carryover time tip to 500 hours.
Employees shall not be pennitted to exchange seniority ritihts in the selection of vacation periods. However,
subsequent to the last payroll period of each calendar year, employees may exchanize vacation periods
within their classification subject to the Director's or clesigmee's approval. Stroh
approval shall not be unreasonably withheld. During the vacation year, employees maN use additional
vacation leave at the discretion of the _ Director or cicsi<<nee.
22.3. Vacation shall be taken by the last payroll period of the calendar year in which the vacation
was credited. Effective upon ratification of the labor atireement. employees shall be allo«ed to carryover
five hundred (500) hours of the previous year's credited vacation.
41
TA Citv TA Until
,An% excess vacation oyer the fi%e hundred (500) hours allowed carryover shall be 1`60cited after Januar
I" and no exceptions to the maximttin carryover allowance shall be permitted absent the express �%ritten
approval of the City Manager. Bargaining unit member with unused accrued vacation hours in excess of
mo hundred (200) hours as of September 30, 2010, shall have those hours in excess of MO hundred (200)
,grandfathered and those employees with grandfathered hours over tdvo hundred (200) hours shalt be allowed
to carryover up to a rnaximurm of those hours or to a maximurm of five hundred (500) hours. whichever is
,greater. Employees who have been carried on full disability the entire pt-el,ious year shall be paid for all
excess vacation over five 111.1ndred (300) hours at the rate of pay the employee was earning at the time the
employee was placed on full disability. If an employee is unable to take a previously authorized vacation
due to cancellation by the Department Director or designee, any hours in excess of the five hundred (500)
hours which tivould have been forfeited shall be paid on or about January 1, at the employee's hourly rate
of pay.
22.4. Vacation shall be accrued in accordance with the accrual schedule set forth Appendix B to
this Agreement (Vacation Accrual by Annual Hours Accrual Code (EC -20-22).
22.5. Other than reularly scheduled vacation, requests for additional vacation leave must be
requested twenty-four (24) hours in advance of use and shall be taken in increments of not less than one (1)
hour. Vacation leave may be granted by the De.,..miient designee on an
emergency basis. Should such request be denied, the employee may° only appeal such denial to the City
i4lana-er or designee. Except for where otherwise provided in this labor agreement vacation leave may not
be used for illness. Upon an employee's retirement or separation from City service, the employee will be
paid for- those vacation hours credited and earned through the employee's separation date. Vacation shall
be calculated on actual service in the previous calendar year and shall. only be taken after the completion
Of six months of actual continuous service.
42
M�
TA City l A Union
22.6. in those instances %there an employee requests payment of vacation hours as a result of an
emer�,ency situation, such rcquests will only be considered upon submission of backup documentation.
Approval for such payment will rest solely with the PireetaF 4 Human Resources Director
or a designee of the City Manager.
43
TA City TA Union
C'ite's Re\ iced Counter Proposals (6"30.!2017)
Articte 23
SHIFT DIFFERENTIAL
&,
23. 1. A rlight shift differential of S.?Q per hour will be paid to bargain ill'—' trait cniplo�ces \0o work
a re`lular established shift between the hours of 6:00 p.m. and 8:00 ull. However, more than one-hall`of
the hours ofthe reticular established shift must be within the hours of 6:00 p.m. and 8:00 a -m-
23.2. Consistent kith Section 23.1, ni�urht shift differential will only be paid for hours actuall;'
worked during the regular shift and mill not be paid for any overtime hours and will not be used to calculate
any overtime pay rate.
23.3, Night shift differential shall riot be used in calculatingaverage earnings for pension purposes.
0-�tq,�
TA
45
City's Revised COLIIIter Proposals (6/30i2017)
Article 24
UNIFORMS, SHOES, EQUIPMENT
24.1. Employees are required to ��ear complete uniforms. and any required safety equipment in the
appropriate manner, Mide on duty. Cotttplete uniforms consist of City approved shirt, jumpsuit. pants.
safety belt, hat and water resistant safety shoes.
24.2. Employees shall report to %work in complete uniforms that are properly fitting, clean and neat,
and free from tears. holes. and stains. For each day an employee reports to work in a uniform that is
incomplete or in a condition not meeting the foregoing standard, ("deficient uniform"), or fails to wear
required safety equipment, the Department of Solid W,. -.a Director or designee may discipline the
employee.
24.3. In January of each year, each Full time active duty employee shall be provided uniforms at no
expense to the employee as follows: four (4) shirts, wvhich inay be tee shirts of a quality determined by
management), Four (4) pants, (or two (2) jumpsuits and two (2) pants), one (1) cold weather jacket, an initial
jand Q IiIl ,tx v;;wtdie,+D Petr-cL4Se apalrcF
issue of one (1) safety belt, 4" four (4) caps. In addition, as of October 1, 2010, each full tune active duty 5aft� $112
employee shall be provided one additional uniform at no expense to the employee as follows: one (1) cap,
one (1) shortsleeve t -shirt, and one (l) pant. The cold weather jacket and safety belt will be replaced every
Other year. Should an employee lose the issued safety belt, the employee will be issued another safety belt
and steal l promptly reimburse the City the current cost of the safety belt through payroll deduction over a
period of four pay periods. New hires will be provided such uniforms within a reasonable time following
their dates of hire and if hired on or atter October Ist, in any year, shall not receive a new allotment of
uniforms until the second Januarw their hire. Each uniform draw shall be recorded b% the
supervisor and signed for by each employee. Employees who are working only part time in January, or who
return to full time duty after the month of March, shall receive such uniform(s) as authorized by the
Department oec.,rid Waste Director or desiunee.
=46
_f�T Unll�l
.! w
Cih •s ReN ised Cllunter Proposals (6130,'2017)
24.4. EmploN ccs may purchase at their expense additional items of trnifornzs throughout the year.
through the Cite. Employees %% ill be charged the actual cost to the City.
24.15. Employees are responsible for cleaning and maintaining their uniforms in a non -deficient
manner. If an employee fails to maintain his uniform according to this standard, the Department 4 Solid
Ste Director or designee may require the employee to purchase and wear replacement Uniform(s) at the
employee's expense, provided that upon request of the employee and turn in of the itern(s), any uniform
shirts, pants, or jumpsuit determined by the Department of Solid Waste Director or designee, to be deficient
for reasons beyond the employee's control shall be replaced by the City at the City's expense.
24.6. Uniforms shall be worn by employees only while on duty, at lunch during the employee's
wort; shift, or when traveling directly to or from work. Employees shall not engage in any non -city wort:
related activity whsle in uniform.
24.7. Employees in those classifications determined by !Management to require the wearing of water
resistant safety shoes who have not already received a $125.00 voucher to purchase an initial pair of water
resistant safety shoes �ti i I I be proN ided a $123.00 voucher For the purchase of an initial pair of water resistant
safety shoes.
24.8. When. due to -,year and tear or accidental destruction, the Department of Solid 1A. a` to Director
or leis designee determines a replacement pair of shoes is required, the City wil I 'give the employee a voucher
for $12 5.00 for the purchase of another pair of -,eater resistant safety shoes. This additional $123.00 voucher
shall only be provided when the worn out or damaged pair of shoes is turned in to the Department. The
Department or Solid i'°'••Director or Ws designee; shall provide the replacernent of authorized water
resistant safety shoes on the basis of need and not on an automatic basis. The shoe allok�ance authorized by
this Article shall only be paid %� here an employee purchases a pair of"ater resistant safety shoes of a quality
is certified as acceptable b4 Management. Employees shall be advised of shoe models which conform to
City standards,
-47
� 1 r7
TA Cit-,
CKs Revised Counter Proposals (600 2017)
24.9. Equipment provided ai] employee by the City "HI be ofa duality determined by management
and "ill be replaced within a reasonable time of the employee returning such damaged or non -usable
equipment to the City, when the Department Wol-i , ` a5tt Director or leis designee determines it is beyond
repair or other, ise no longer usable.
2.1.10. Employee's shall reimburse the City For the actual repair or replacement cost of last, stolen,
or damaged City equipment when the employee's carelessness and/or negligence contributed to the loss,
theft, or damage.
48
L!n'
0.0%
TA 1. i «„i.
L ''j t
City's Revised Counter Proposals (6/30/2017)
.Article 2.5
LIME OF DUTY INJURIES
2-5.1. Workers' Compensation Medical and hulemnity Benefits. To the extent required by, and
subject to the limitations specified in. Chapter 440. Florida Statutes. the City will provide XNorkers'
compensation indemnity- benefits to any bargaining unit member yo ho sustains a cornpensable line of darty
injury or illness as provided by the Workers' Compensation Lav of the State of Florida.
25.2. Any bard-aining unit member who is disabled as a result of an accident, injury or illness
covered by Chapter 440, Florida Statutes, yti ill be granted supplementary salary, subject to the terms and
conditions set forth below. Supplemental salary will be paid in the form of a continuation of the barLgaining
unit member's regular paycheck as provided by Resolution No. 3980?. This check will inClude those
indermnity payments provided for under the Workers' Compensation Law.
25.3. Employees shall be eligible for supplementary pay and workers' compensation pay to the
extent that the total of such benefits steal I 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.
25A Unless extended as provided below, supplementary salary will be granted for a period not to
exceed 150 consecutive days from the; date of covered accident, injury or illness. Such supplementary salary
may be extended up to an additional 60 consecutive days upon approval of the City Manager or his designee.
The 150 days bcgin when the bargaining unit member is actually placed on "D". If the bargaining unit
member is removed from "D," the non "D" time will not apply to the 150 days period.
25.5. If an employee remains temporarily disabled beyond the period of time in which lie is entitled
to collect the 80% supplementary pay benefits. he shall be entitled to supplementary pay cqual to 2/3 ''D"
payments for the additional period of his temporary disability pursuant to Current practices.
25.6. 11 -an employee becomes perim mently and totally incapacitated for the further performance of
the duties of his/her classified position he.'she shall petition the retirement board for retirement.
G =49
n,)
I�
TA'( ite f Union
. � � CLI t 1
City's ReN ised Counter Proposals (6/30/2017)
The supplementary salary of the 2/3 "D" as described abowe shall he carried by the department until the
retirement is uranted or denied.
25.7. At any time d01 -111s his/her absence from duty claimed to be the result of a line of duty injLn•y
%while an employee is collecting City supplementary pay, the employee shall be required, upon the request
of the City Manan„ er, or his deli -nee, to submit to a physical examination by a physician designated by the
City Ivianaoer within fifteen days of the request. if such employee, without cause, as determined by the
City Manager, shall fail to submit to the examination at the time specified, all City supplementary salary
benefits will be terminated,
25.8. Deductions:
In the event a bargaining_ unit member receives supplementary salary as referenced in this Article,
the City will make payroll deductions under the following terms and conditions:
Deductions required by law. "mandatory deductions," including, but [lot limited to, social security,
withholding and Medicare, will be made automatically to the supplemental salary portion only.
All non -mandatory deductions including, but not limited to, a bargaining unit member's pension
contribution/, medical, life and other insurance contributions, and all other non -mandatory and voluntary
deductions will be made by the City on the bargaining unit member's behalf only to the extent that sufficient
funds are then available. The City will not make any non -[mandatory and voluntary deductions if the
combined workers' compensation benefits and supplementary salary are I115Lfff[C[e[lt to cover the amOUnt Of
the dedt.IC6011(s). If there are not sufficient funds available, the bargaininL, unit member will be responsible
for making payments for the non-niindatory and voluntary deductions directly to those providers and
creditors who would have other«ise been paid t}lrou�,ll the City's payroll deduction process.
The parties agree that this process is intended to provide the employee with these paychecks without
interruption ofpayroll and payroll deductions on a bi%�cekly basis.
-Ihe anwunt 01' the peitisiwi rnnu-ibWit) n than/ he hosed nn -earnu111C C0ll1Pensati0n" as define hk `liatni Ccnle
Section 40-191
j
50
1(jb
1 City`— TA Ifni n
Citv's RC,'iseel COLI llter i'roposals (W30,2017)
Should the cmployee notify the City b% contacting Risk Management that Ile/she does not ~Want a
combination of" Workers' Compensation indemnity pay included ':with the supplemental %%age for the
purposes of slaking regular deductions. the Workers' Compensation check will be distributed separately'
throu�,h the third party administrator and the City will only pay the supplemental wage minus federally
mandated deductions. i.e. v itllllolding. social security and iVledicare. All other non -mandatory deductions.
including pension, medical, life and other- insurance contributions and all other non -mandatory and
voluntary deductions will not be made and the bargaining unit member will be responsible for making all
payments directly to those providers and creditors rvho would have otherwise been paid throrlgll the City's
payroll deduction process.
For any reason, should any calculations or deductions made based on the above protocols result in
the employee owing money to the City. Risk Mana�genlent will audit the employee's payroll process
immediately upon the discovery of monies owed to determine wily such arrearages occurred. The findings
will be immediately brought to the attention of the employee and a resolution will be proffered and
arrangerments will be made to rectify monies owed.
No supplementary pay will be paid on a claim and/or injury that arises out of a purposeful act
performed by a bar4,amino unit member that causes harm to self or another.
25.9. Nothing in this section shall be construed as a waiver of the City's rights under applicable
state law.
25.10 Based on operational needs and x%ithin the discretion of management, employees may be
assigned liylll or modified dut+ x hen practicable. An employee assigned to light or moclitied duty play be
assi gned to ally departrllent N\ ithin the Cit} based oil operational needs as determined by management.
Light or modified duty assiU11111CIlla rural elld at an\, time, but in any event shall not exceed sic (6) months
in duration. An employce assigned ][-,,]it or modified duty shall receive their regular pay during such
assignillent, and any Step/anniversard increases shall be deleted b\ the same 111.1nlber of 14ork-lll g da's Ill
51
i
fA t� 1 A rimon
�11 �Ir)
City's ReN used Counter Proposals (6,'30!-20 17)
the h lit or modified duty assiunme t. All employee assigned light or modified dLity shall not be eligible
for suppleme111411 salary as pt-OVided for in this Article. Article 7 shall not apple M this ;ecti011.
`i 17
FgCi
A Union
III gh�
Cit\'s IZevi;ed COUnter Proposals (6130i'-017)
.Article 26
NVORKING OUT OF CLASSIFICATION'
26.1. The Department 4 SOliEi n".,:., Director.- or designee in his/her sole discretion may direct an
employee to work in an actin=g capacity in a higher classification other than the one to which the employee;
is permanently assigned. due to absence or vacancy.
26.2. To be elirible to work an acting assignment in a higher classification, the employee must hold
permanent civ it service status and complete the Departments basic training course for the classification to
which the eniployee will be assigned, possess the federally required valid commercial drivers' license
(CDL) and any required endorsements,- have satisfactorily demonstrated acceptable work habits and
job+ performance aYty t leeL l(#t1�llt�t urvt r ~IIiI�1 6> ttLati�; f'Tfz�t'ff'.�Lk'- r^
SZI C'�7i �f C.ill le �'i cri'TC Y1 i�vVl'riC'Jei' i,s [t e, ill0J1 �c'rilL`r"1� l;VitC 7Ilt[.tfS'"kfese' eiendt ll�f�
26.3. Once an employee is determined by the Department .,F Selid W.,Director or designee to
meet the criteria for working out of classification as specified in Section 26.2, the employee may be assigned
to the higher classification based on seniority of classified service with the City for the period of time
determined by l4anaaement. Any employee who has been suspended for either vehicular accidents or
absenteeism shall be incligibie to continue working out of classification. The eligibility to work ortt of class
will be restored once the employee has been free of a vehicular accident or instance free for sit (6) months
and his/her most recent performance appraisal is considered satisfactory.
In order for an employee to receive Nvorki'ng out of elassi fication pay, the eiriployee must ]lave been
temporarily assigned to one of the folio%% ing particular classifications for the specified period of time:
Waste Collector Operator I - �0 work days
Waste Collector Operator 11 (Garbage) - 30 work days
Waste Collector Operator 11 (Sweeper) - 30 work dans
Waste Equipment Operator
vjrs� (,(I?C}Y 3:
;3
�7 +1
TA it.
30 work days
Citw's Re%iscd Counter Proposals (6/30/2'017)
Once the emplo}ee has been w%orkinu out ofelass for more thaii the period of time specified herein,
tate employee will be paid an increase of one ( I ) step above his/her nornial base pay for all hoLlrs NWI_ked
in the higher classification beyond the %work days as specified above,
Those qualified bargaining unit members wvho satisfactorily demonstrate acceptable work habits
and job performance and who worked out of classification a minimum of 1040 hours in a specific position
shall not need to re-qualih• for that specific position worked out of classification. Additionally, %when a
bargaining unit member %works out ofelassificatlon for 1040 hours in a specific position, that employee will
receive a one (1) step increase in wwages without hawing to wait the specified period of 30 work days as
stated in this section. Grievances related to working out of classification issues are only appealable through
the grievance procedure and not the Civil Service Board.
r'
� l
TA itv
J �
�! :1j Unio�t
City's Second Revised Counter Proposals (7 20 2017)
Article 27
GROUP INSURANCE
27.1, The City and the Union agree that the Sums -nary Plan Document (SPD) (entitled City of Miami
Life and Health Benefits,) shall be immediately updated to reflect descriptions of the current benefit. Plan
design and all plan benefits shall be those outlined within the updated version of the employees benefits
handbook and shall not be changsed without mutual agrreement of the City and the Union. The updated and
finalized SPD shall be provided to the City's Plan Administrator (TPA) and the TPA wilI administer the
Plan benefits in accordance with the definitions and other language agreed to and contained in the SPD.
The SPD, in accordance with the Department of Labor requirements, shalt be distributed to all current and
new participants of the Plan.
27.2. The City agrees to pay 5S.03 per eligible bargaining unit member per pay period to the union
w,itlun sixty (60) days or less after ratification upon termination of the existing life insurance contract to
provide life insurance coverage in the amount of 535,000.00 and accidental death and dismemberment
coverage in the amount of 570,000.00. The Union, as of February 2007, has secured a three year rate
guarantee from the provider, Mutual of Omaha Insurance Company. The Union agrees to continue to secure
life insurance and accidental death and dismemberment coverage for all the eligible bargainina unit
members throuabout the term of this contract and a�iTrees to provide policy and rate documentation to the
City at the City's request.
27.3. MedicalNision:
The City currently offers medical, dentals prescription drugs and vision benefit plans through a self
- funded plan in which all bargaining unit members, upon obtainings eligibility, may enroll,
to wit:
56
f) ;311 !t `]
TA IriCv TA 1lnion
S P DN -86 8 76442 9-709 7797
City's Second Revised Counter Proposals (7/20,'2017)
Medical/Vision Cigna Network
Dual Choice/POS Cigna Network
Dental DHLMO - Cigna / DPPO - Guardian
EAP Cigna Health Care
The City may change the vendor(s) for any of its self-funded benefit plans at any time. Any other plan
desiL,n changes must be agreed to by the parties prior to implementation.
It is agreed between the parties that as of January 1, 2414:?O1S, the City's medical plan will consist
of a four tier program:
Single coverage
Single coverage + spouse
Single Coveraye + children
Single coverage + Family (spouse and children)
It is agreed that medical premium rates for all tiers may be adjusted annually upon the City's
calculation of the premium for medical benefits. Premium rates will be calculated by a certified actuary
based on the City's eligibility list and experience and the information will be provided to the Union, in order
to validate any increase or decrease in theoretical premium.
As of January- 1, -241-:201 S. (the beginning of the next Plan year) any increases or decreases in the
cost of the City's health plan shall be shared by current active employees on the following basis for all
medical plans:
Plan Vear24IS2018: Dual Choice/POS (Cost of coverage shown bi-weekly)
Employee City
Sintule $40.55 5197,97
Single + spouse S89.21 $435.54
Single + Children $75.01 $366?5
57
TA rity TA Union
SPDN-868764429-2097797
Farrdly
City's Second Revised Counter Proposals (7,20 2017)
$115.56
S564.22
As there are frequent and rapid changes in health care costs, it is understood and agreed between
the parties that any changes in contribution amounts will be made based on the annual calculation of
theoretical premium. It is agreed that should theoretical premium costs increase at a rate higher than the
projections used to establish the employee contributions above (projection used is 100110 increase in total
premium each year), then those employee contributions shall be adjusted to reflect the increase and shall
be effective at the beginning of the Health Plan Year. Likewise, should the theoretical premum cost
decrease more than the projections used to establish the employee contributions stated above, those
employee contributions will be lowered to reflect the overall theoretical premium decrease. In any given
plan year, projections used to establish any increase in contributions from the employee shall be capped at
15%.
Prescription Drug Coverage.
The City currently offers a prescription drug benefit plan for those bargaining unit nnentbers
enrolled in and Dual Choice/POS plans. It is a self-funded plan administered by Cigna Health Care and
consists of the current benefit:
Cigna Phannacy Retail Drug Plan:
91
-�
;ila
Ty
SPDN-8687644-1-19-2097797
S 15 per 30 day supply for generic drugs
540 per 30 day supply for preferred brand name drugs
$60 per 30 day supply for non -preferred brand name drugs
58
TA Union
City's Second Revised Counter Proposals (7/20,2017)
50'?G of drug cost per 30 day supply for self-administered injectables (e.g.
injectable drugs used to treat rheumatoid arthritis, hepatitis C, multiple
sclerosis, asthma).
Ciana Tel Drug Mail Order Drug Program:
SO (No Charge) per 90 day supply for generic drugs
S50 per 90 day supply for preferred brand name drugs
5120 per 90 day supply for non -preferred brand name drugs
50'10' of drug cost per 90 day supply for self-administered injectables (e.g.
injectable drugs used to treat rheumatoid arthritis, hepatitis C, rnultiple
sclerosis, asthma).
Since prescription drug costs are a major component of the health plan and are subject to significant annual
cost increases, the City and the Union agree to evaluate and measure pharmacy benefit total costs and
evaluate best practice strategies to manage the pharmacy benefit. Any changes in the pharmacy benefit shall
be mutually agreed to by the City and the Union.
Dental:
Dental premium rate may be adjusted annually upon the City receiving notice from the dental
providers. Employees will be notified of the adjustments in the dental rates during open enrollment. In
accordance with current practice. when employees choose to be covered under the City's dental plan, the
employee will continue to pay the dental premium.
Employee contributions. In accordance with the City's Cafeteria Plan group health premiums will
be paid by the bargaining unit employee with pre-tax dollars.
27.4. A standing committee will be created called the Health Insurance Comnuttee. It shall be made
up of sir (6) City of Miami employees, one member appointed by the IAFF, one member appointed by
AFSCNIE 1907, one member from AFSCINIE 871, two members appointed by the City Manager and one
picked by mutual agreement of the Unions and City Manager. The Group Benefits Coordinator shall serve
59
T ity TA Union
S PDN -$6S 764-4'_9-2{)97797
City's Second Revised Counter Proposals (7/20/2017)
as a technical advisor to the conunittee, but will not be a member nor have a vote. Based on this commitment
and in collaboration with labor and management, this Conuruttee will work during the term of this contract
to identify ways to strengthen and improve our health plan. This will include, but is not limited to:
• Obtain timely, accurate, and transparent reporting with full disclosure, of all costs from
our vendors.
• Identify plan vcndor administrative improvements and efficiencies that can have a
significant impact on reducing? health expenditures and to ensure that our health plan
vendors arc delivering maximum administrative savings.
• Educate employees on better understanding and use of their health plan.
• Identify the impact of health improvement and disease managementinitiatives to decrease
overall medical and drug costs.
• Evaluate and measure our pharmacy benefit total costs and fully assess the costs from our
pharmacy benefit manager (PBM) vendors.
• Identify proven strategies to more effectively provide prescription bernefits, and obtain
vendor (PBI -I) administrative savings to successfully manage this important benefit.
• Make recommendations to the City Manager to reduce health expenditures while
maintaining a quality health plan at an affordable cost and which improves the health of
employees and dependents.
• Review employee complaints and remedy situations concerning claims so long as the
decision does not chamike or impact current benefits. This is intended to reduce the need for
the Grievance procedures; however, the bargaining unit member does not waive his/her
riYgl-it to file a grievance should the committee's remedy not be satisfactory to the employee.
• Review and update the Summary Plan Description (currently titled City of Nliami Life and
Health Benefits) Any and all other health care and wellness issues identified by the
60
TA ity TA Union
5 P DN -853754439-2097797
above.
City's Second Revised Counter Proposals (712012017)
Committee as promoting initiatives to improve the health of employees and dependents
while maintaining a quality health plan.
The Committee shall meet monthly or as soon as practicable to commence initiatives outlined
27.5 The Union may explore the possibility of establishing its own group insurance plan that will
consist of medical, vision, prescription, EAP, and dental coverage.
Article 28
HOLIDAYS
28.1. The following days shall be considered holidays:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Martin Luther KinQ..Ir. Day
Columbus Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
28.2. Any additional holidays declared by official resolution of the City Commission shall be added
to the above list.
28.3. All full-time employees, performing work on any of the above holidays, shall at their
discretion be paid eight (8) hours or ten (10) hours holiday pay depending upon their assigned work
schedule at straight time plus an additional eight (8) or ten (10) hours of straight pay corresponding to their
assigned shift regardless of the hours actually worked as an incentive for working the holiday or shall be
given compensatory time at their straight time rate.
28.4. In order to be eligible for holiday pay, the employee must be in pay status excludins
unexcused absencesIthe full wvorking day preceding and the full working day following the subject holiday.
61
P
3 I�
TA ity tA Union
SPDN-868764429-2097 797
City's Second Revised Counter Proposals (7.+'20.2017)
28.5. It is recognized that by working the holidays, the City will increase the cost of operating the
Garbage Collection System within the Department and that the Administration will be balanein2 the
collection routes, reviewing, the utilization of staffing and the organizational delivery of the sanitation
services to the citizens of Nliami. The employees of the Department recognize that this is a necessity if we
are to deliver sanitation services to the citizens of the City of Nliami consistent with funds available to the
Department.
28.6. All conditions and qualifications outlined in ARTICLE 2l-OVERTI]NIE/COMPENSATORY
TIME/CALL BACK PAY shall apply to this Article. Hours of compensatory time accumulated under this
Article, when added to the compensatory time earned under ARTICLE 2 l -
OVERTIME'COMPENS ATORY TLNIE/CALL BACK PAY shall not exceed two hundred (200) hours.
28.7. Employees assigned to the Trash Division, Recycling, and Street Cleaning shall work on all
holidays where employees assigned to the Garbage Division are working.
25.8. All holidays specified above shall be designated as non -working holidays unless the City
Manager or designee detennines otherwise.
TA tty
SPDN-868764429 ?097737
62
TA Union
Article 29
RESERVED
62
L[74 T,kUni
TA City
Cite', Revised CollrltCl- Proposals (6'30'2.017)
Article 30
SICK LEAVE
30.1. The parties agree that carr and discretion shall be exercised by Management and the Union
in order to pre%ent the abuse of sick leave privileges. To determine the reasons for an employee's absence
on sick leave. the employee's immediate supervisor or a management designee may visit the home ofthe
employee ort sick leave with pay. In cases «here Nlana,ement suspects that an employee is malingering.
sick leave with pay shall not be granted.
30.2. Effective the first month fol[owinir ratification of the labor a4areement, bargaining unit
employees may shall accrue eight (S) hours sick leave per month, provided that the employee is in pay
status at least one hundred twenty (120) hours per month. Such sick leave is to be utilized in one (1) hour
increments.
30.3 To receive sick leave with pay, an employee must notify his/her immediate supervisor, or
other person designated by the Department to receive such notice, of illness within fifteen (15) minutes
priorto the time the bargaininc' unit member is scheduled for work. It shall be the employee's responsibility
to notify the department each day the employee will be out ill within the time frames attained above.
30.4. Any employee absent on sick leave for more than three (3) consecutive workdays must report
to the Pepaftiiiefit of Human Resources Department for approval before returning to work.
30.,. All bargainin�q unit members covered by this Agreement shall upon honorable separation from
employment or after retirement be paid for one hundred percent (100%) of accumulated sick leave tip to
seven hundred fifty (750) hours and fifty percent (50%) of aecuntulated sick leave above seven hundred
fifty (750) hours.
30.6. Bargaining unit members with accumulated sick leave balance over seven hundred and fiftv
(750) hours as of September 30, 2010. %% ill ]lave their balances in excess of seven hundred and fifty (750)
hours vrandfathered.
P)lIt7
TAity
63
n, f) 4.
�A U tion
[q �,�
City's Rei ised Ummicr Proposals (6,'30,2017)
A bargaining, unit member's maximum sick leave cam o�er from calm(lar %ear to calendar year
all:rl I nor c�titcd seven hundred and fifty (730) hours or the number ofunused aCCLill luIa(cd sick leave fours
1, 11 e.Xce.;s Oft I IC seven hrindred and fi RN ( 750) !tours Brandt athered as of September 30, 2010 and any 17ours
accrued in excess of the nlamillum carryover in a given year are not permitted to be carried over by the
bar�gaininO unit member_ Bargainini, Unit members "ith unused aCCumLdatcd sick leave ]lours in excess of
the maximum carryover at the end of the year shall be paid for one 13Lindred percent (100%) of the unused
portion of their accumulated sick leave in excess of the maximum carryover.
30.7. Payoff for accumulated sick leave sltal[ not be used to calculate average earnings for Pension
purposes.
30.8. An employee who is terminated or who opts for resignation after being informed of the
Department's intent to terminate the employee shall not receive compensation for unused sick leave upon
separation from service or retirement. Sick leave conversion shall not occur upon an employee's separation
or retirement from the City.
30.9. Bargaining unit members shall be eligible fora sick leave cash bonLlS incentive of one hundred
twenty-five ($125) dollars. In order for the employee to receive such incentive, the employee must not
utilize any sick leave, and be active and in a full paid status during the payroll calendar year. In addition,
bargaininl unit members who qualify for the sick leave incentive cash bonus, as described herein, shall
receive eight (8) hours of commendation paid leave_ A bargaining Ludt member will receive an additional
one hundred seventy-five ($175) dollars sick leave cash bonus if at least ane hundred (100) bargaining unit
employees qualify for the sick leave cash bonus incentive. Such honuses shall be subject to applicable
federal taxes. but shall not be included for caleulatin_= pension.
64
4iiji7
l A C11�
Article 31
BEREAVEMENT - DEATH IN FAt1IILV
31.1. An% employee covered by this Agreement may, in the case of death in the iindiediate family,
be authorized u}) to a maxii-num of forty (40) hours of paid leave per occurrence to arranue and/or attend
the funeral of a member of the empioyce's immediate family or to attend to the personal affairs or the
deceased. Said paid leave days shall be taken consecutively by the employee, excluding normal days off
and holidays. For purposes ofthis Article, the immediate family is defined as father, mother, sister, brother.
husband, wire, domestic partner, children, father -in -lawn, mother-in-law, grandparents, spouse's/domestic
partner's grandparents, and stepfather and/or stepmother if they have raised the employee from infancy
regardless of place of residence, and may include any other person who was an actual member of the
employee's ltouseliold for ten (10) or more years. Within thirty (30) calendar days from the date the
employee returns from a death in the family, the employee will file a copy of the death certificate of the
deceased family member. Said death certificate will be attached to the form provided by the City and
submitted to the Department of Human Resources. Failure to produce the death certificate will result in the
employee reimbursing the City for any claims taken under this Article. Any employee found to have
falsified his/her application for a death in the family will be dismissed.
31.2. It is understood that under certain circumstances the employee will be unable to obtain a dead}
certificate. In this event, in lieu of a death certificate, the employee shall submit any other documentation
that reflects the death and family relation as deemed appropriate by the Depaf4mefit of Human Resources
Director or desi=unee_
31.3 Bereavement leave is for attending a funeral or to attend to estate issues or for being in a state
of bereavement and must be taken wwitltin 45 days of the death of the family member. The
Human Resources Director or deslunee. at his/her sole discretion, can make exceptions to the 45 day limit
under truly unique circumstance_ but the decision is final and cannot be appealed through the srievance
procedure or any other forum.
65
TA City TA Anion
Article 32
BLOOD DONORS
32.1. Emplo%ees «ho volunteer as blood donors to contribute to an on-site City' supported Blood
Donor Omanization «ill be authorized the paid absence necessary to accomplish this purpose. The Blood
Donor Oroanization's personnel will determine what amount of time the donor will need from the point of
donation till the time the employee is released to go back to work.
GCS
T -A City
TA Union
Article 33
JURY DUTY
33.1.. Employees shall be carried on leave of absence with pay for actual �vorkin() time lost N�hen
called to serve on jury duty. Such employees shall be paid at their regular hourly rate for all working time
last up to the number of flours they are regularly scheduled to work each week. Employees who complete
.juitiv duty shall report back to work during their re��ular work schedule or shall forfeit the City compensation
For jury duty for the day or days in question.
33. 2. In consideration of receivin4, 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 wvith the payroll sheets for the week in which the employee is on .fury
Duty.
Employees who serve as jurors for Federal Court shall have deducted from their paycheck a Jury
Duty fee equal to that compensation paid to the employee by the Federal Court in their jurisdiction per day
in the payroll period following the week in which the employee was on Jury Duty.
Employees wvho serve as jurors for State and County Court shall not have Jury Duty fees deducted
for the first three (3) days of juror service. Employees who serve more than three (3) days of Jury Duty
shall have deducted from their paycheck a Jury Duty fee equal to that compensation paid to the employee
by the State or County Court in their jurisdiction.
occur.
Any changes by the COLHIS in the above fees shall be reflected in the employee's paycheck as they
33.3. Attendance in court in response to legal order or subpoena to appear and testify in private
litigation not in connection ww ith an employee's official duty. but rather as an individual, shall be taken as
vacation, compensatory leave, or leave of absence ww ithout pay.
67
TA City T;1 I ni('ii
Chi's Rc%iscd Countcr Proposals (6,3 W20 17)
Article 34
FAIMILY LEAVE AND LEAVE NVIT11OUT PAN'
34.11. EFFective upon ratification by the parties of the labor- agreement. bargainin�4 Unit employees
shall be eligible For leave vJtliout pay in accordance Ni ith the Family and Nledical Leave Act of 1993. Such
leave is provided under the lav for the birth, adoption or tester care of a child and for a serious health
condition of the employee or the employee's spouse, child, parent or grandparent, eligible deployment/
return from deployment rights or any other FMLA eligible event.
34.2. Upon approval of the Department or Solid Wase Director or designee, with the approval of
the City Ni lana-er or designee, a leave without pay may be granted for education or any other acceptable
reason.
Education: A leave without pay may be granted for theptU,-pose ofenterirlg upon a cotirse of training
or study calculated to improve the quality of the employee's service to the City through course work directly
related to the employee's job, for a period not to exceed six (6) months. The regUest for leave without pay
may be extended for an additional six (6) months upon the approval of the Department EW Solid ,".,c*�
Director or designee and approval of the City Manager or designee.
Any bargaining unit employee requesting.; said leave of absence shall be required to submit evidence
of registration upon entering each quarter/semester of school.
Acceptable Reason: A leave without pay may be granted for an acceptable reason other than
specified herein. for a period not to exceed ninety (90) days. Approval for said leave of absence without
pay is at the sole discretion of the City Manager or designee or D++eetof- ef Human Resources Director or
elesiL'nee. and shall not be appealable to the Civil Service Board or the grievance procedure.
34.3. Bargallllnil' unit employees who desire to tape a leave without pay in accordance with this
Article (excludinu, serious health condition) must use all vacation and anv other time accrued in leave banks
prior to taking a leave without pay. A request for leave without pay lora serious health condition as provided
under the Famik. and Medical Leave Act shall require the bargaining, unit employee to use all sick. vacation
68
44
a'7141!7
TA Cityn nion
_I 411-1
Cit\ 's Revised Counter Proposals (6230,2017)
and ani other time accrued prier to taking such have. `i'he Usage of RWh leave time will not prevent the
employee tion taking leave x\ithout pawas specified herein.
344. L32rgainin,, unit emplo}ees mho take a leave �\ithout pay for on\ reasons specified in this
Article shall not accrue leave time during periods of leave v\ithout pay. At the expiration of a leave of
absence \without pay, the bargaining unit employee shall be returned to the same or similar position vacated
11 hen said leave of absence "ithout pay "as granted in accordance "ith the provisions of the Family and
riMedical Leave Act. Lea\e of absence without pay during the required probationary period of service shall
extend the probationary period the length of time used during the said leave of absence without pay.
343. The acceptance of another position or engaging in other employment by the bargaining unit
employee v\'hile on a leave of absence vAdmut pay shall be deemed a yolLuntary resignation from the service
of the City of Miami.
69
TA Cit\
Article 35
INCARCER:ATEI) EMPLOYEES
35J. The folloNNing procedures shall apply to ernplo,,ees who have been arrested and/or
incarcerated.
1 I Incarcerated employees must notify theirector � x\ ithin three (3)
days from the day of the incarceration.
?) When N'lanafzement is made aware of a permanent employee's incarceration, the
department will contact the arresting agency for verification of the arrest record.
�) If the incarceration occurs during the permanent, employee's scheduled work shift,
the employee may request the use of his or her available vacation time,
compensatory time or earned personal leave time, not to exceed ten (10) work days.
If the employee has not presented himself/herself ready for work in ten (10) work
days, the employee will be presumed to have resigned.
4) Should the arrest of the employee be of so severe a crime or heinous in nature
Nlana_ement after an administrative investigation and consultation with the Union
President, employee Union representative or his/her designee may suspend the
employee without pay until adjudication of the case.
5) 1f the employee wins his or her case, Management is not precluded From reinstating
the employee or taking administrative action arising out of the arrest and trial
consistent with applicable rules and re,ulations.
C 70 c`�
TAYC� A Inion
City's Second Revised Count,-]' Proposals (7/20,'2017)
Article 36
WORK INCENTIVE PLAN
36.1. 1t is aareed between the parties that bargaining unit personnel assigned to the Garbage,
RecycIinL,, Strect Cleaning, and Trash Collection Divisions may he placed on an incentive basis whereby
once the asci •ancd route is completed and has been certified by the Departmeat-&f Solid Waste Director, or
designee, as being cornpfctcd, the applicable personnel may, be relieved from their tour of duty for the day.
The Cit, reserves the right to require employees to vork the full shift based upon the needs of the
department.
The City and the Unison will co -develop an incentive plan which will impros.e the current incentive
plan for the personnel assigned to the Trach, Garbage, Street Clearing, and Reevchng Divisions.. On an
annual basis. the Solid NVaste Director or desi_,nee, in cooperation with the Union, shall conduct a review
of mutes to ensure that employ-ce assignment; are balanced and efficient. The Union shall be provided with
an opportunity to review all route chUfl2> s fourteen (14) da,,s prior to the implementation of any route
changes.
36.2. Van assicn:A rout; has not been satisfa:toriiy completed as determined by lblanagententprior
to the end o. the normal ass4wed work day, the employee, shall be required to complete the route on the
sanic day. There will be no call back pray if the employee has left the yard pursuant to Article 21, Call Back
Pav, of this Aureement. Failure to complete the rout;: in a timely manner may result in disciplinary action.
36.3. Should the B--partnten� of Solid Waste Director or dcsiance determine the Work ]ncentivc
Plan in its entirety or in part is detrimental to the efficient operation of the Deparutaent, all or that portion
of the �Vork Incentl4e Ilan deemed to be inefficient nia_v be diseontinucd or modified upon notice to and
consultation with the Union.
36.4. The %lanagement of the Solid Waste Department shall dasi^nate and have the right to change
the starting. times oCall work assignments.
71
roti � r1
TA City TA Union
City's Second Rei iced COUliter Proposals (7120'2017)
The following, starting tinges will apply hence forth. Should Management desire to change said
startinsa times, they Ail] notify- the Union fourtcen (14) calendar dais prior to the change of shift time.
Recycle Roll Call 7:00 a.m.
Garbae Roll Call 6:15 a.m.
Trash Roll Call 7:00 a.m.
Street Cleaning Division 7:00 p.m.
White Win?s 7:00 a,m.
Specifically excluded from the fourt:en (14) calendar day notice period are temporary changes of
hours or days off necessitated by special events, civil disturbances, acts of God and other emer,ency
conditions.
36.5. Should the Union disagree with any change of shift time, the Union President or designee
shall advise the r elf Solid IXaste Director in writing. If the disagreement over the schedule
change is not resolved, the dispute may be appealed to the City Manager or designee whose decision will
be final and binding upon the parties. This decision N� ill not be subject to the grievance procedures contained
herein or of anti- other administrative review.
72
L
TA City I TA L; lion
SPI N-3637044'-9-2877797
C11\'s. Revised Counter Proposals (6/30/2017)
Article 37
SUBSTANCE/ALC01-101. - PERSONNEL. SCREENING
37.1. ]n an effort to identify and eliminate on duty controlled substance/alcohol abuse,
urinalysis/eNl6: tial breath test (evidential breath tests (BBT) shall be utilized solely for testing alcohol
content) shall be administered as provided herein:
A. To an employee or prospective employee as a part of a scheduled physical
examination.
B. To the driver of any City vehicle that is determined to be at fault of an
accident when operating City -owned equipment while on duty, or while
driving on City premises.
C. If driver, while on duty, operating City -owned equipment, is at fault for
dama=in; private or public property, then a management representative with
the classification of Sanitation Supervisor or above, must determine that
there exist reasonable belief, based upon objective factors, that the employee
is under the influence of alcohol.
D. Where a management representative with the classification of
Sanitation Supervisor or above has a reasonable belief based upon objective
factors that the employee(s) has possession or is using, dispensing or selling
any illegal drug or controlled substance not prescribed by a licensed
physician.
E. Where a management representative with the classification of Sanitation
Supervisor or above has a reasonable belief, based upon objective factors,
that the employee is under the influence Of alcohol on duty.
F. Randomly based on a pool of al I employees.
G. As part of the CDL_ program as detailed by that current proLlram's
73
S/17 (-ilii
h� v TUnion
11
L'V/r9
Citv `s Revised Compel- I'ropo,,als (6,30!`_017)
requirements.
H. Har«ainingY unit members tested in accordance N%ith this article shall be placed on
administrative leave with pay pending the results of the substance:/ alcohol test. In the
event that the results of the any substance/alcohol test are positive. the bargaining unit
member shall no longer be eligible for administrative leave «ith pay and shall be subject
to discipline/discharge Ili accordance with section 37.18 below.
37.2. All positive tests for a controlled substance will be confirmed by Gas Chromatography/Klass
Spectrometry (G.C.M.S.) or better testing. When a sample is taken under any of the above circumstances,
a portion of t}te initial sample shall be retained for a second test should either management or the employee
request same. Testing procedures shall be performed at a reliable state licensed clinical laboratory.
37.3. Employees shall give a urine sample (EBT for testing alcohol content) at either a hospital or
State accredited testing lab as chosen by the City. Tests by a laboratory other than a laboratory selected by
the City, as provided in this article shall not be permitted as evidence in any arbitration or civil service
hearing.
37.4. Management will notify the Union either by telephone, facsimile, or email
prior to an employee is to be tested.
37.5. If a dr€rgtested employee wishes a second testings of the original sample
taken, the followinEg procedures will apply:
A. The employee has twenty-four (24) hours after lie or she or the Union is notified
of a positive drug test to request a second test of the remainder of the original
sample. Said right for the second test shall expire after twenty-four (34) hours.
B. The second drug, test will be performed at the same laboratory on the remainder
of the original sample.
C. NlADA pries and regulations with the exception of the levels provided for in this
AYreement will apply to the tests conducted.
D. All costs arisings OLEt ofthe request for the second test will be paid by the employee
7-4
1
Cite TA Union
-1 )14, it,
Ci(y's Re\is.ed C OLInter Proposals (6'30,'20I ; )
rcyucstiiify same if second test comes back positive. Such payment if necessarti ma\ be
deducted from an employee's paycheck -
37.6. 1 f an cnlplo\ cc is ordered back to duty for testing. the provisions of Article ? 1
Overtime/Compensatory Time/Call- Back %w ill apply.
37.7. Where a bareaininor unit melnberalleges that an order made under this Article is not consistent
itIi the criteria cited herein, lie/she shall comply with the order, and may SiMLlItaneotisIy lite a protest N� it
the communicator of the order. Refusal to submit to a request for an alcohol or drLIQ test under this Article
shall be urounds for dismissal. Disputes arising out of such orders that results in discipline shall be
arbitrable under the Grievance Procedure of this Agreement.
37.8. The employees) shall not be disciplined until a positive test result is communicated to the
City. Hosvever, if the employee's conduct in connection with the substance/alcohol abuse amounts to
conduct for which the City may othenvise discipline the employee, the City may take action prior to learning
of the test results.
37.9. Once the Department has determined that an employee is to be tested, the employee will be
placed on administrative leave with pay until such tune the employee returns to work after random
substance testing as provided below, is returned to work as a result of a negative test, enters rehabilitation
as provided herein, or is disciplined or discharged. Employees selected for random substance testing shall
give a sample as set forth in 37.3, and shall then return to work for the remainder of their shift Unless
otherwise instructed by the City.
37.10. The Union rill be advised of passed or failed tests to the extent that the releasing of such
data is consistent with Federal or .State laws. it the individual involved %%ants his test results released to the
Union.
IMIABILITATIOy
37.11. In the event that the results of ally substance/alcohol test are positive, the llolloN�,ing criteria
X01 apply:
A
0 i (,fo
TA C itv
The employee at his/her ok4n cost shall_ «ithin sc,�enty-t%%o (721) hours of the
75 (-�
TA Union
--�/Ir, �
Citv's Re% iced Counter Proposals (6!30,12017)
positive test notification, excludim`, ..\cekencls and holidays, enter and renrain
in a substance/alcohol program approved by the City and the Union until the approved
program administrator- is able to state that the employee has successfully completed the
program. If the employee fails to enter the approved substance/alcohol program .within
seventy-tNco (721) hours, the employee will be terminated. While in the program, the
employee will be allowed to return to ,vork if the program administrator approves; if not,
the employee may continue using compensatory leave, vacation time, and sick leave time
until the program administrator approves the employee's retuu-n to work. Once the
compensatory lease, vacation time, and sick leave time are exhausted, the employee will
be carried Authorized Leave Without Pay and vyill not be eligible to receive donated time
from other employees regarding absences due to rehabilitation pursuant to this section..
Employees shall not be permitted to work in drivers' positions until the employee has
successfully completed the program, If the employee falls to complete the program, lie or
she will be dismissed. If the employee is rehabilitated, as determined by the program
administrator, the employee shall be allowed to return to work.
B. If relieved ofdLrty, the employee will use all of his/her compensatory leave, vacation time,
and sick leave time. Once the compensatory leave, vacation time, and sick leave time are
exhausted, the employee will be carried Authorized Leave %Vithourt pay.
C. If the employee fails to enter, participate in and/or suecessfully complete the program,
incluclinS7 any aftercare program, the employee shall be terminated from his/her
employment tyith the City.
D. Employees who successfully complete the program and are cleared to return to work by
program administrator. shall be subject to random C11-1-lo/alcohol screenings by the City for
a period oftwo (2) years from the date the erllployee returns to work.
76
Ito
TA CitaTA Union
- )h I q
Cit}'s Re%iced Counter Proposals (6/30,'20 17)
37.12. The Orunibus Transportation Employee Testing Act (OTETA) of 1991 shall apple to all
bar,ainim unit empIo,,ces x�ho fall N�ithin the definition of covered employees a S cfe,criLie d �ti itIli n the Act.
The prm,isions ofthis Article shall be toIto%%ed totlieextent they do not violate the Act.
37.11 The testin, laboratory shall be licensed by the State of Florida as a clinical laboratory
specializin`x in the analysis of body fluids for drugs and alcohol.
37.14. Said laboratory mr.ist have a licensed clinical lahorator} director currently licensed by the
State of Florida. Farther. technical staff must be licensed by the State and said personnel shall include a
licensed supervisor.
37.15. The State of Florida inspects such toxicology labs and the lab utilized must have a track
record of li.mny'g passed and continue to pass the inspections as required by the State of Florida.
37.16. Participation in the College of American Pathologists Proficiency Testing Program is a
desirable qualification of the testing laboratory. Said lab licensed directors should have experience in
spectroscopy toxicolouy and drug analysis. SrrCII experience should be supplemented by formal education
and appropriate lab work for a minimum of 10 years.
37.17. For CDL License Operators, all EBT's (Evidential Breath Test) with an alcohol content level
of 0.0 f or �xreater shall be considered a positive test result. Non -CDL License Operators' EBT's (Evidential
Breath Test) with an alcohol content level of 0.08 or greater shall be considered a positive test result.
DISCIPLINED OR DISCHARGED
37.18. In the event that the results of any substance/alcohol test are positive, the following
progressive discipline will apply:
A. First Offense: Ten (10) days suspension and mandatory rehabilitation.
B. Second Offence: Dismissal.
C. A driver that is determined to be at fault as a result of [lie City's investii,ation or the
Accident Re4 ieNv Board for damaging private or public property is subject to
pro4oressl%e discipline pursuant to Article 16 of the Disciplinary Procedure.
77
MCrt. 1AI4ion
-A I [C -k- I l
City's Rei ised Counter Proposals (6'30,'2017)
37.19. Ail entplo�cc Mho is terminated for failure to meet the regUirerTtents of' rehabilitation as
described herds_ M ho tests positi%e for a second offense for controlled substance or alcohol durinu or
after the rehabilitation period shall have no appeal ri`=htsthrough Cicil Service, the {grievance procedure or
ani other forum.
INITIAL TESTS - URINE
37.20. The initial testing shall use an immunoassay method ��hich meets the requirements of the
Food and Drug Administration for commercial distribution.
37.2 L. The fOIIOWi13, cutoff concentrations steal I be applicable to determine r ltether specimens are
ne,ati�e or positive for the folloM ing drugs or classes of drugs utilizirtU the initial test procedure:
Initial Fest Level {r7<eiml)
Cannabis QvIarijuam)
Metabolites
50
Cocaine Metabolites
300
Opiates -Metabolites
300
Morphine
3000
Codeine
3000
b-Acetylmorphine (Test when
the morphine concentration
is treater than or equal to 3000 n --/ml)
Phencyclidine
25
Barbiturates
300
Benzodiazepine
300
Amphetamines
Amphetamine
1000
Methamplietamine
1000
Methaqualone
300
Methylene dioxymethaniphetamine
(INIDNIA) (Ecstasy)
500
[vletliylenedioryarriphetamine
( v1DA/Ice)
500
Flunitrazepam (Rohnyol)
(Roofies)
300
Designer Druss: Unless specified with cutoff concentration levels, will be
determirned by the A«encw for Health Care Administrations (AHCA) if standards
exists. or industry standards if no existin-, AHCA standards.
CONFIRMATORY TEST - URINE
78
0) 7tA
TA City
TA UnionN
�
I��L
Cit,,'s Revised Counter Proposals (6/30/2017)
37.22. All specimciis identified as positive by the initial test shall be confirmed usinI `TaS
cltromato,,raphylnrtss spectrometry (GCS/MS) techniques. GC'S,'vIS confirmation procedures at the
follo%� inu cutoff concentration shall be used for the followin', drue:
Confirmatory Test Level (n,,ml)
Cannabis (Narijuana)
Metabolite
20
37.23. For a] I other drugs listed below, the confirmatory test shall detect the confirmed presence of
the substance. The laboratory must be prepared to provide evidence from its qualit) control program to
prove its capability of detectin, such substances.
Confirmatory Test Level (ng/ml)
Cocaine Metabolites 150
Opiates Metabolites
Morphine 2000
Codeine 2000
b-Acetylmorphine (Test when the
morphine concentration is greater
than or equal to 2000 ng/ml ] 0
Phencvelidirle
25
Amphetamines:
Amphetamine
500
Metharnphetamine
500
Barbiturates
250
Benzodiazepine
250
Methaqualone
150
ivicthvlenedioxymethaniphetamine
(MDMA) (Ecstasy) 500
Nletllylenediotyamplietamine
(MDA/Ice) 500
Flunitrazepam (Rohnyol)
(Roofies) 300
These concentrations are subject to revision with changes in convention or technology. The
laborat ory must be able to document its performance at the cutoff level b} the use of quality control. both
open and blind-
-&j7o
TA Cit,
79
CAP Rniwd Counter Proposals (630:2017)
37.24. Proper chain of custod- controls shall alrcays be euf0rced during, drug,/alcohol testing.
Authorized technicians shall sign the chMn of eumody horn] and be responsible for `aCh 06112 Sp«Ilrien to
be tested. The laboratorN shall include sufficient sale arils to ensure that unauthorized personnel are
pN%mvad Ann gainint, access to the laboratory.
8 0
f1 C'it—�
.Article 38
PREVAILING I3ENEF'ITS
38,1. Job benefits heretutore aUtllOrlZcd by the City Manager continuously enjoyed by all
employees covered by this Agreement, and not specifically provided for or abridged by this Agreement,
Shall continue upon the conditions by which the% had been previously granted.
38.2. Provided, however, nothin+ in this Aarcement shall obliC7ate the City to continue practices or
methods which are unsafe, obsolete, inefficient or uneconomical.
38.3. If the City desires to chanue such job benefits, the natter shat I be negotiated between the City
and the Union in accordance with Chapter 447, part 2, Florida Statute.
81
TAitv TA Union
City's Second R, -,,ked Co,,Inter Proposals (7/20,2017)
Article 39
ENTIRE AGREEMFL T
39.1. This Awreement, upon ratification, constitutes the complete and entire Agreement between
the parties, and concludes collective bargaining for its term.
39.2. The parties acknowledge that dtrrin{g 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 bartraining, and that the understandings and
a�_Treement5 arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement- Therefore, the City and the Union for the duration of this A�Jr,-ement, each voluntarily and
unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively
with respect to any subject or matter referred to, or covered, in this Agreement, or with respect to any
subject or matter not spezitically referred to, or covered, in this Agreement, c4en though such subjects or
matters may not have been within the kno%vledge or contemplation of zither or both of the parties at the
time they negotiated, or signed this Agreement.
39.3. Such Agrecment precludes the initiation by the Union of any municipal legislation which
would result in the alteration or cost increase of the bencl:lzs agreed to in this Collective Bargaining
Agroemcm' or to increase the cost of other employee benefits not specifically provided for in this Collective
Qar,aining Agreernent.
TA city 1"A Inion
SPU N-$G�7h-4-4-'9-2;`1779"
City's Revised Counter Proposals {6.'30 2017)
Article 40
PROVItil()\S IN CONFLICT WITH LANN'
10.1. It this Agreement or ani provision, section, subsection. sentence. clause. phrase, or word of
this Agreement, is in conflict with am exist Imz State or Federal law. or future State or Federal la\�: or �,+ith
anv existing City ordinance: or with any interpretation of this Agreement made by a court of competent
jurisdiction. that portion of this Agreement in conflict with said law or ordinance or resolution. or court
interpretation of law. shall be null and void, but the remainder of the Agreement shall remain in full force
and effect with it beinA7 presumed that the intent of the parties herein \\as to eater into the Agreement
without such invalid portion or portions. The parties agree that this Agreement takes precedence over airy
conflicting Civil Service Rules.
40.2. Notwithstanding any other provisions of this Agreement, the employer may take all actions
necessary to comply wvith the Americans with Disabilities Act.
�7
I.\
<ti
A Iinion
'11ciIn
City's ReN ised COU lttcl- ,Proposals (630'3017)
:Article 41
TUITION' REUNIBURST1IENT
41.1. The Educational Reimburserllent Program will encourage Citv employees to irrlprove jab
pertormancc and increase carter mob III , t1 ith the City by pursuiM' courses ot'study at certified educational
institutions. The policy `governing the educational reimbursement program is intended to be ne.xible, Nvith
broad discretion for approval reserved to the Department ,f�tr :.-, Director or designee and the City
N121lager or drs iLIlee so as to insure increasing on-the-job effectiveness of City employees. The educational
reirllbursenicnt program shall riot be subject to budgetary constraints.
41.2. Any full-time. permanent City employee shall be eligible to participate in the Educational
ReimburserIrcnt Program.
41.3. All course work must be taken at or from an accredited college, university or educational
institution approved by the City Manager or designee. Class attendance will be on the employee's own time
unless otherwise noted in the course announcement and authorized by the City Manager or designee.
41.4. Reimbursement will be limited to books, lab fees. and tuition costs up to a MX111rr1m of
$4,000 per calendar year.
41.5 To be eligible for reimbursement, the employee must successfully complete the course work
and provide evidence of successful cOnlpletion to the City. Successful completion Must be evidenced by a
grade of "C" or better.
41.6. Procedures for reimbursement will be as follows:
A. The employee must obtain three (3) copies of the Application for Tuition Reimbursement
forst for each course from his department or the Department 111.1n3an Resources
Department.
B. The employee must complete the application in triplicate and submit it to his department
director prier to re�aistration at tile. edltcatian institution.
84
t7 Ok
T itv A Union
-qI �� n
Citv's Revised Counter Proposals (C,'s(1.'20171
C. I'llc Dcpartment-t+#LSste Director or designee rkill (hcn revie�� the alip Iication and
if approved for�kard the original and one copy to the Departmentof }-suntan Resources
Department- If the application is disapproved, it is then returned to the eniplo\ce by the
Department ol'S lid Waste -DI rector or designee.
D. The., Human Resources Department has the authority to approve or
disapprove the application, and applications not approved will be returned to the
Department of Solid Wastes Director with the reason for rejection noted thereon.
41.7 in the event the employee resigns or is terminated from the City \� ithin one (1) year following
completion of the courses) for which City funds have been expended, the amount of educational
reimbursement paid to the employee will be reimbursed to the City by the employee upon termination from
the City throu-xh a deduction from his final payclteck and/or leave balance accounts.
41.8. Upon completion of the course work, the employee must submit his sernester orade report
together with the book. lab and tuition fee receipts to his Department of Solid W Director. The
Department of Sel:d Wa Director or designee will submit the approved application for educational
reimbursement along with the employee's semester grade report to the Finance Department who sliall then
reimburse the employee for the City's share of the educational reimbursement. The Department4 Selid
Waste Director or desi_,nee will advise the DepaFtii;crit of Human Resources Department of the employee's
satisfactory completion of the course.
f`f
TA City
85 a��
TA Union
I �/ "/, `S
City'; Second Revised Counter Proposals (7;20.'2017)
:article 42
PENSION'
42.1 Th: parties agree that for the term of this agreement the pension benefits and employee
contributions of employees covered by this agreement shall be as provid:d in the City of Miami General
Employees' and Sanitation eEmployees' Retirement Trust, Section =0-241 through =40-290, Miami City.
Code (-GESE"). as anlended. except as follows:
42.2 Th: parti4s agree that effective October 1, 2017,�the service retirement benefit for creditable
ser,, ice on .in(! ai'ter that (l.u: shall he equal to: far the first -10 years ofcreditable sem ire, imi and ok}e-half
(2.5) per4:nit OCthe niein!7er's llllill eon) Pell jo6011 multiplied by thc number of Nears Ot erL-ditahle
service. ?(4 44�r �:SE-l+kt�ttif+rtit�+l Fit i€Nor sev+;epi t rat4te;}r� tOle-+�ifittr a t4tEr��tFi«3r+
�?t' [�:dei-;-il+tt4-r�rc+tl`�c'-�'t`f'it4e4s-fdf�41 i IEFc�il rl}E►Ffk7i.}t ftl+t:r-hi-%c�{-i�4��:
.�Cr-i•�hitl-4?t`El�'=1I �4}i}ll`�c"i ft�l"{kl"tl'r��2rn�?4,?42k'kti}4C','F��'t-'ilf�EzlH1'ellL4�'-l}r
R.--PhUl beftF-t ChLM"eY 1t'k" 1'W't4k' ii2+14�'lc}1i'�'rfNt'r i �� t`ill�{f:t4tlliikl'4�t`
�—C. AS4f++;-lr6,litl4it€lL'2^rk1'v2f } 4t�k}i's fct}Ffc'flf} -1 a•3
peFie ll'�e"-cjaii 7 c3+lci �t}�yd7d4�! �)'rt'ilf5 ��kf[FN+}t14 1��
T':f�#frti+tSel4{ret+l�t10✓42,0+ tlf>:�r+r�kf�4r+l++t rtit�+� t;ri+ r�+t+c€e i 4�+t(t4}rfl��tt�a
dates) N { '+i++ ?el +art tl+ Iger
1-be-tiilletirrek+fea6wd
HOMItl4-fetiretliCikt-c'4igiNIi?r; ath4-fof-it4l--Itktet �tttf�{±�Pµ2�=4ilz'442Fr+rlit,+tl khfrllliil fc'{f}tHltr}t r}tlltFit 91r;iE4
HrtF-r�c'zcl�4}04i- tttk+lHtr4l�+=pferrit��;—kl��,,-atr1134��y->c�n�-1}�17 11+r :l.:rf+let� e rz-,tet=��:�}-trt--�r'�!�l�?N
allHFlrl:�t7+kt4l rff �i�c dht shall retai44 that-t-'rfie tit-4,trt--;I kbesle€+trafter-kal
elate-
�? �1 ��tiE1R�)[ f�ti4srr.—� E Ir E�rk}rfi t�}?Eia+� shall be 4"f*4em ,�en&atuam-j 1, 2013.
lr- 4drtl# ' J i kk ht -have twi-- ita4ietl- ,F?rl++irl
feiirc+llrHG eli��iE�ilit_r' a�:t�t'tltee€#'e4ti4r��ttt�rµ-cv-�tarl-l34-£�E�ll3rt--4,"-_i}�43�rlifall-eHlt�ltia}-er-tlttfe<l
OR 01, Aliyoive
86
Tr City TA Orion
SPD11-86876-1429-2097797
City's Second Revised Counter Proposals (7;20,`2017)
e[i i4l: € IF tl le €:at w Fd 1 Fra t�F }i+uTt+y -F; '4} i a � r;te� ristF t 7t tr bar �3}} Eytrf�F��t>se5 tlaE Et+
enEar fll� �: +u++tJ l }{ €eH}it}re4i4sl�(z fit fEte Kidz;
E-r3��ebisi��la�tF+��4�ya��+I��e4�t�-ti��3�I�+:#rye-t�Pf€att-slta�;-raLzar�e lr lz���nt#tEy-E�taeFit- �Saz,°}Y+le��+rf€ra
e+FFA Eta•-t�.;�}tEeta�tEirrttlzlst�l�tEr--(�+fazes-Frt�zt�?e+tt-r}H�€-sed,}t�tftc�tr#+r?tFk-C-�E�}F+�+aa+-tt-��:�-�c�tti{�t»�
�tt�E�f-Eltt`a}Ft�s,+rzrtit+.t,++(t1--1FTr�--rtte+rte;#--i-k�}te.'S�ae-it�td-IzE{ Ej-t-�-c�+t+}��t}sz:+�r}u�l--raEi►�d-�=,� e.t: �+}'4ire��rta
a I'Ez F-ttE Ed i t+: ks�;-tk}Ft�r}l--r�Ei t�a+F}z}}f-a4 i4 ii*i €+4y�E I }ria•_ €.�l•�+-rlaEe�-Ftr-,7tt��l-i-Ei ti�}r,-e} IT-ei+� i i}It-a+FTp',+:�e-�-{}�,
eler`E r {ikt��ir?cx�Fr'�i c��'ftttit}—'h +E� F2tc'i4d-+F}}F� �t+E}tct4t#EZET!—c'icic}1—Ic� ti!c�iitictEl+}t33dEr�tj t4 mom
i �'ftf`L'+}3t'++=�2`tFc'�i�-t?ii4E�tc° H EYllc' ��� k�`-V4t'�tt lc�--i3h'r�--: � T+':�ei-E�l! 3=t t> j -•f lle-�?e'P Ic?i} -�yi i+.?Wt+i `_'-i�l�l=� cte' iieit•c?�-iia}E2
tier:�r.�LrE�r��.t:tr�+l-F.tiE°aH�et}E rl=tEa�€3�k�ltx;�r�ri-kl"}.;�itk;-•E+�trrztiE-a�tkstL�tE�t����e�ex}fes-atta��E+rEr9�!
iFf}E}E}itrt`f:—tlli-CEi'�iI)��-t'tFF��r�;:tZ3}tc}�4-t'-tc'�t-i�H�fl►i►+ltl}+�l•3r+e�c�i":3�� 1-)t'I�tI-{•�l--i-�:�%++--i++kl--FlFit�ii-trt?+F}--�i3��CE�I�k�}
tfi;�El til-t{��c, seg}+T+a�tl=s +rai i€ I�eHa�}€r} t it } le�E E[+e � i4�� l paE��t +�ttk t szlat{fltnomm4
-�}-+s+t*±-�,Nks�itt-;�r:+kt-����Ei�rkrrER€.�r}}t--�F-�l+z�{k-�}E-tik�Efk}te-{-}E�e�zeEt}��-t(i�•€3�1F�r-��it-:�+�Ne--e+F}�rlt�c
E}}, K1E�FtM 7t'o-E2 FI Eii r'ht' i E+i ti}Z �tt+T�Y �+tlFt-[a }i H?!t'IgE#}+lrk'F t Y' �',ctt cc t t 't c�+� is l�i+St'tt O!t the Pt)Flit-Bi �JrHt' fE
�€��-----�.i+ij,�tk��. Ft•�•c'Esy_'FI)it'-f.rt'4c't:�tllt'-[3;lt�icBl't?�3-t���Eit)IF }i�;2f-2�''lf} €2tlw"- �llc'-',-?ai'-f}�zf�t1-I}a�3�t'-�z`F4Itv°'
F-); € H+ilF`a-f€l�' I}t!! li i+€ fet FdIT}t'+t tlr}tc=�'�}. E�fcl t2i2cEittit }ll+#yc 'c -1�1ci-:c' �'r-IilFifi �1 4?itf�ari}ftef-�!c)l,+l+1--1
eli"144e44F HOf+t�Ta re4i+'e+telTf-T€le tlf ti}1}t!E}+ f3,tt to L¢�rI°i-�tl i-i-ye�lr�-€ iii:Ili€ I}l €)yea e+€lt++�is1t E �
e€;'rl—Etl �l'ric-�cti� i'c���-t3��It�IN}T SSE-E�r•c}} Is�t'--'.� fl Ei�'il--+Tr7t t� E�:?€k?'R--t-.rEl i�rct t�--iiE—i2t3:�t�'--f}it�iifiF�f31F l�f=-Eti-#� t2
e+Flj+lr)4�c+'rlCfl!'ttllCilE FlctE� ��rt?S Icit+i-it`YyC{=I1t�E6tr �Srl+tskEa»c}# 4'C itl'a+�'t�;�+ ttl±y ?.irtith`=t'I C�tic' iia
q-e'th}re!FlttFls 3iltE1iC'rtTliz'fi4c'tl�lL�ie'tEIt�+T£TITe`ttiF12
�FtE-+iii E�}tl}—€—Il t� � n E Et-c}�-Ei}tirektt i t �E}--l• �CT�-�:^c-�l-1T�t r-u:l i l l it t� -+E It i E -et l t 1?dt�;�rt-FY-u rif n EtEl--i�-�c`s;al�-tt,fitC
p,erio,-144ie C—ity-Vd!mT of Jue EcoSree itkeir mintiff It: 2t�,-t€ e eIs?fTicwe't! 'A 4-{--H,}Fbe'ellIle
l3atl�r�.}reletEicrlri+tt+}ia+s € +++€ 4;>t?Itre ++tH rtt€+liif#e<E Ek} Etrlt)�Eir}+1
87
TA Citv TA Union
SIMM-` 67G44a9-2091797
City's Second Revised Counter Proposals (7i20"017)
(e) Ail �t '; ; o, ti frt}t► FfH ayFr}rf}�t� ler tl F a l dry rti. � r �l tr.�f � fie#iii k
rrtirrmellt pfafr+ &i't ii}a fel t utter -1 td ++
tfi%tic-it}-s1}all lie r4' -'o -.—fit
�*�}�I�-1=11�4�-er�t-t�rr�tr}a4�fl-,-�t�1-1.yet'sr5f}-�►-It�a�-tk�tr�4t��-t�a{c--kt�-a-�itL I�-�1T�9i1-�+=+11-still-lid il3d�-4'�r
ttlr d3[t�?F' 1,t� #3�t 1Ettastzf>EtE s�t��E��a��t}�f}ti�tT:31 rttl�rtr1►�it}a�+#}�t}Eati*rt
88
TA Cit TA 'nioi}
SP Div -863764429-209779 7
C itv's Re\ is.:d CO«nter Proposals (6`10'21017)
Article 43
NI ENT ORA'tiDUNI OF UNDERSTANDINGS
43.1. Effectne the date this A4ureement is ratified by the parties. should the Cin and Union desire
to enter into one or more LIOU(s) or similar a4,reement(s) during, the life of this Agreement, such MOU(s)
or other aureement(s) will oniv be finding, oil the City upon signature of the City Manager or designee.
99
City's Re%iSCLI Cuuntcr- Proposals (6'30-`-'O 17)
Article 44
ACCIDENT PREVENTION COMMITTEE
-44.1. All vehicular accidents invoIvini-, a Cite vehicle NviII be revie\\ed by the Accident Prevention
Committee. The Accident Prevention Committee is comprised of the tbllowinu five (5) committee
members: Bepattmeiit ef Solid Waste Director or designee. the City's Safety Officer or Risk Management
Director. Solid Waste Safety Officer. the Union President, and another Union member. The Accident
Prevention Committee shall develop objective standards and criteria for determining, holy all accident could
have been prevented.
44.2. Following-, review of the accident, the Accident Review Committee shall, by majority vote,
determine whether the accident was preventable, non -preventable, or operational based on the facts, and
ti%hat remedial training and/or corrective measures to be taken by the driver of the vehicle involved in the
accident. Such recommendations shall be forwarded to the =of Solid Waste Director. If the Dir-ecto
9 Solid Waste Director or desi17nee cancludes that the accident was preventable and will result in
disciplinary action, then the decision may be grieved in accordance with Article 7, Grievance Procedure.
--I? #1/f 7
TA city
c)I}
TA Union
City's Re` ised Counter Proposals (6130/2017)
Article 45
SFNIORITY
45.1 Seniority, for the purposes of tliis article is defined as the aria_>inaI date of hire "it ll the Citti as
a bar17alnin-1, unlit employee ofAFSCME Local 571. and time in the emplovee's classification.
45.2 Seniorit\ Shall be a factor in sh*F4 assignment: promotions, and in the assignment ofdays off
\%itllIn various clip inions %\ithin Solid Waste. Seniorit), shalt be the determininu factor in shift ass iLyriments
and overtime (which shall be done_rotationallv).
45.3 On an ilnrlual basis all bargaining unit employee Shall, by seniority. select their respective
assigned route within anv division where their current classification is utilized. The biddins on assinnments
shall be done once a near in November_
91
?�r7
�I'A C` i h
City's Second Rerised Cotulter Proposals (7/20'2017)
Article 46
TERM OF ACRFEME`T
46.1. After a majority rote of tho>e bargaining unit eniploy ees voting on the question of ratification
and thereafter upon its ratification by an official resolution ofthe City Commission ratify in, the Agreement
and authorizing the City Manager to sign the Agreement on behalf of the City, unless otherwise agreed to
by the parties, then the A,reerztertt, upon being signed by the appropriate Union representatives and the
City Manager, shall beconte effective at 12:00 a.m., October 1, Q-44421017, or as otherwise provided in this
Agreement, N%hichever date is later. "rhe Agreement shall continue in full force and effect until 11:59 p.m.,
5epten;ber 30, -24)4727020.
46.2. On or before April 1, a -4-1--r2020, the Union shall notify the City, in writing of its intention to
re .et,otiite the Agreemnent in fore, and attached thereto shall include a list of proposals %xhich shall inform
the City of the Items which theydosirc to negotiate.
46.3. On or about May t, x"2020, the parties shall present each other «ith a list of proposals it
desires to negotiate, together with the specific language describing- its proposals.
46.4. 1:litial discussions shall thereafter, and no later than Jun:. I, —244P2020, be entered into by the
City and the Union.
92
TA City TA Talion
SPDN-36874.14-'9.299779?
APPENDIX A
CLASS
CODE
NUMBER CLASS TITLE
SALARY
RANGE
3448
Sanitation Shop Maintenance Worker
21D
3017
Waste Collector/Garbage
19D
3020
Waste Collector/Trash
19D
Waste Collector II
20D
3108
Waste Collector Operator I
20D
3109
Waste Collector Operator II
21D
3110
Waste Equipment Operator
22D
94 0 I II f t I
� , i
TA City 1 TA Unic n
APPENDIX
B
Years
January's
(EC-15)(EC-17)
(EC -10)
Served
Crossed
2!re
Fire
Police
4815 Hours
40 Hours
0
1
Prorated
Prorated
Prorated
1
2
' 140
' 96
94
2
3
140
96
' 94
3
4
140
96
94
4
5
' 140
' 96
' 94
5
6
` 140
' 96
' 94
6
7
150
104
134
7
8
160
112
' 134
a
9
' 170
' 120
` 134
9
to
' 180
' 128
' 134
10
11
190
' 136
' 134
11
12
' 195
° 140
' 154 '
12
13
200
144
154 '
13
14
' 295
' 148
' 154 '
14
15
' 210 '
152
' 154 '
15
16
215
156
154 '
16
17
220 '
160
174 '
17
18
225 '
164
174 `
18
19
' 230 '
168
' 174 `
19
20
235
172
174 '
20
21 '
240
176
174 °
21
22
245
180
194 '
22
23 '
250 '
184
' 194 '
23
24
255
188
' 194 '
24
25 `
260 '
192
194 '
25
26 `
265 '
196
194 '
26
27
270
200
214 CAP M F
27
28 '
275 '
204
' 214 '
28
29
280 '
208
' 214 '
29
30 '
285 '
212
' 218 '
30
31 '
290 '
216
222 '
31
32 '
295 '
220
' 226 '
32
33 '
300 '
224
` 230 '
APPENDIX B
{EC -20.22) (EC -01) (EC -01)
5o(id Waste General General (EC -27! (EC -29) (EC -40) (ECutiv
Civil Service Civil Servica DOH -111187 SnUaurts afi Professional Special Executive
Prorated Prorated Prorated ? : :_ Prorated Prorated Prorated
92 94 94 ' 3;9 ' 104 ' 160 ' 160
92 ` 94 94 ° 36 ' 112 ' 163 ' 168
` 92 ° 94 ' 94 ' 96 ' 124 ' 176 ' 176
' 92 ` 94 94 ' 104 ' 126 ' 184 ' 184
' 92 94 r94 1it: ' 136 ' 192 r 192
' 100 k02 ' 114 !20 ' 152 ' 200 ° 200
' 108 110 114 ' 125 ' 152 ' 208 ' 208
' 116 ` 118 114 136 ' t60 ' 216 ' 216
° 124 ` 126 114 ' 1+0 ' 168 ` 224 ' 224
' 132 ' 134 ' 114 ' t44 ° 176 ' 232 ' 232
136 138 134 ' 143 ' 184 ' 240 ' 240
140 ` 142 134 ` 152 r 192 ' 240 ' 240
144 146 ' 134 1556 ° 200 ' 240 240
148 150 ' 134 ' 160 ' 208 ' 240 ' 240
152 154 ' 134 ' ;i4 ' 216 ' 240 ' 240
156 158 ' 174 ' to8 ' 216 ' 240 ' 240
160 ' 162 ' 174 ' 172 ' 216 ' 240 ' 240
154 ` 166 ' 174 ' 176 ' 216 ' 240 ' 240
166 ' 170 174 ' 130 ' 216 ' 240 ` 240
172 174 CAP fil 174 ' 195 ' 216 ' 240 ' 240
176 ' 178 ' 174 138 ' 216 ' 240 ' 240
180 ' 182 ° 174 ' 192 ' 216 ' 240 ' 240
184 186 ' 174 ' 136 ' 216 ' 240 ` 240
188 190 174 ' 200 ' 216 ` 240 ' 240
192 194 CAP [21 ' 174 ' 204 ' 216 240 ' 240
196 ` 198 ' 174 ' 20-1 ' 215 ' 240 ' 240
200 202 174 ' ?94 ' 216 ' 240 240
204 ' 206 ` 174 ' 204 ' 216 ' 240 ' 240
208 ° 210 ` 174 ' 204 ' 216 24C ' 240
212 ' 214 ' 174 ' 204 ' 216 ' 240 ' 240
216 ' 218 ' 174 ' 204 ' 216 ' 240 ` 240
220 ' 222 ' 174 ' 204 ' 216 ' 240 ' 240
[1] AFSCM E 1907 a m ployees. h I re d on or aIts rJaauary 1, 1977 have a vacation accrual cap of 174 hours.
[2] AFSCME 1907 amployees hired on or after January 1, 1972 up through December 31, 1976 have a vacation accrual cap of 194 hours,
NOTE: AFSCME 1907 employees hired prior to January 1, 1972 have no vacation accrual cap.
[3] FOP effective January 1, 1999. Bargaining unit memberswho have 29 years or more of service as of January 1, 1999 shall
continue to accrue by an additional four (4) hours per year.
95
-0.13.11 C�- � I
TA City TA Union
APPENDIX C
INDEX
ARTICLE PAGE
AGREEMENT
APPENDIXA
APPENDIX B
APPENDIX C
ABSENTEEISM & TARDINESS 17 32
ATTENDANCE AT MEETINGS/EMPLOYEE
UNION TIME POOL 9 20
ACCIDENT PREVENTION COMMITTEE 44 90
BLOOD DONORS 32 66
BULLETIN BOARDS I3 27
BEREAVEMENT -DEATH IN FAMILY 31 65
DISCIPLINARY PROCEDURES 16 30
DUES CHECK OFF 6 12
ENTIRE AGREEMENT 39 82
FAMILY LEAVE AND LEAVE WITHOUT PAY 34 68
GRIEVANCE PROCEDURE 7 14
GROUP INSURANCE 27 54
HOLIDAYS 28 60
INCARCERATED EMPLOYEES 35 70
JURY DUTY 33 67
LABOR/MANAGEMENT COMMITTEE 11 24
LAYOFF AND RECALL 19 35
LINE OF DUTY INJURIES 25 48
LOSS OF EMPLOYMENT 18 34
MANAGEMENT RIGHTS 4 10
MEMORANDUM OF UNDERSTANDINGS 43 89
NO DISCRIMINATION 14 28
NO STRIKE 5 11
NOTICES 8 19
OVERTIME/COMPENSATORY TIME/CALL-BACK 21 39
PENSION 42 86
PREAMBLE
PREVAILING BENEFITS 38 81
PROBATIONARY PERIOD 15 29
PROVISIONS IN CONFLICT WITH LAW 40 83
RECOGNITION 1 7
REPRESENTATION OF THE CITY 2 8
REPRESENTATION OF THE UNION 3 9
RESERVED 29 62
SAFE DRIVING 12 25
SHIFT DIFFERENTIAL 23 44
96
'N l 6.13.1
TA City TA Union
I t� /tl /1�
SICK LEAVE
30
63
SPECIAL MEETINGS
10
23
SUBSTANCE/ALCOHOL - PERSONNEL
SCREENING
37
73
SENIORITY
45
91
TERM OF AGREEMENT
46
92
TUITION REMIBURSEMENT
41
84
UNIFORMS, SHOES, EQUIPMENT
24
45
VACATION
22
41
VEHICULAR ACCIDENTS
12
25
WAGES
20
36
WORK INCENTIVE PLAN
36
7I
WORKING OUT OF CLASSIFICATION
26
52
97
'a'a cy-�L 101
TA City TA Union