25South Miami
To: The Honorable Mayor & Members of the
Via: Roger M. Carlton, Acting City
From: Jeanette Enrizo, Human Resources Manage
Date: January 14, 2009 ' Agenda Item No.:
Subject: Agreement between the City of South iami and American Federation of State, County and
Municipal Employees, AFL -CIO; Local 3294 (hereinafter referred to as AFSCME) Collective
Bargaining Union.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A THREE YEAR AGREEMENT BETWEEN THE AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO;
LOCAL 3294 (HEREINAFTER REFERRED TO AS AFSCME) AND THE CITY OF
SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE.
Request: To approve a three year agreement between the City of South Miami and AFSCME Collective
Bargaining Union,
Background: This agreement covers a total of 39 employees consisting of the following classifications: equipment
operators, custodial workers, refuse collectors, parks and ground workers, auto mechanics, and
code enforcement officers.
ISSUE: COMPENSATION AND WAGES FOR FISCAL YEARS 2009 THROUGH 2012:
During the budget hearings, the City Commission determined there would be no increases for
FY 09/10; however, since the current contracts have expired under advice from Labor Counsel, it
was determined longevity adjustments and merit increases were negotiable. Merit increases have
been held in abeyance pending the outcome of the negotiations.
Both the City and AFSCME's bargaining team have agreed that during the first year of the
agreement (October 1, 2009 through September 30, 2010), no merit or cost -of- living increases will
be given. This provision shall automatically tenninate on September 30, 2010 and revert back to
the current merit review system unless otherwise negotiated by the parties or modified by the
statutory impasse procedures contained in Chapter 447, Florida Statutes. The City and the
Association agree to reopen this Agreement no later than July 1, 2010 . for the purpose of
negotiating possible merit, COLA increases and longevity adjustments for FY 10 /11(2 "d year) and
11/12 (3`d year) of the agreement. Additionally, the City and the Association may each propose one
additional economic item and one non- economic item. The following is a breakdown of the cost to
the City for the AFSCME longevity, merit and COLA adjustments as well as the savings for FY
09/10.
Cost
Longevity $ 2,174
Savings
$ None
Merit $ None $ 31,642
COLA $ None $ 16,569
ISSUE: PENSION EMPLOYEE /EMPLOYER CONTRIBUTION AMOUNTS:
Based on the information provided above, both the AFSCME bargaining team and the City
agreed that in lieu of receiving any merit or COLA for FY 09/10, we would partially offset what
they could have received in wages with a reduction in the pension contribution amount for the first
year of this contract. At the present time, both the City and the AFSCME employees that are in the
City's General Pension Plan contribute towards pension costs. This cost is determined by a yearly
actuarial valuation that is performed by the pension plan's actuary, Gabriel, Roeder and Smith.
Since the City will save approximately (2 %), by the AFSCME's bargaining team, agreement to
forego COLA and merit, we have offered to use these savings to lower the employee's deduction
for pension in a similar amount. Both the City and the AFSCME's bargaining team have agreed
that in exchange for merit and COLA forbearance during the first year of the agreement, effective
October 1, 2009, the employee contribution to the retirement plan shall be reduced from ( 11.6 %)
to (9.6 %). This provision will automatically terminate on September 30, 2010 and revert back to
the former contractual language which reads as follows: "Effective October 1, 2001, the employee
contribution to the retirement plan will be 7 %. Should the total contribution be actuarially
determined to exceed 14 %, both the City and the employees will share equally the excess amount
(e.g., should the total contribution be actuarially determined to be 16 %, the City shall contribute a
total of 8% and the employees shall contribute a total of 8 %." The former contractual language will
become effective as of September 30, 2010, unless otherwise negotiated by the parties or modified
by the statutory impasse procedures contained in Chapter 447, Florida Statutes." In other words,
we will reopen negotiations for merit and COLA next year and in the third year as well.
It is further the intent of City and the Association to reopen this Agreement no later than thirty
(30) days after the City Commission provides direction to the City's bargaining team concerning
the City's Ad Hoc Pension Committee's recommendations, for the purpose of negotiating pension
issues and to be incorporated in FY 10/11 City Budget. Essentially, this item acknowledges that
pension discussions are being held and agreed to as re- opener that is timed to coincide with City
Commission direction to the Administration based on the Ad Hoc Pension Committee
recommendations and the City's Budget cycle.
In addition, the bargaining teams have agreed to the following revisions to the contract language:
ISSUE: HEALTH AND SAFETY:
Historically, employees from this bargaining unit have been eligible to receive a Safe Driving Bonus
in the amount of $25.00 if they have no preventable accidents /violation or chargeable accidents within
that calendar year. Negotiations resulted in an agreement that will increase the amount to $100.00.
Both the City and the Association feel that this is a more realistic incentive that will encourage
employees to continue with safety initiatives.
ISSUE: LONGEVITY BONUS:
Longevity is intended to create an incentive to retain and reward employees for continuous and
faithful service to the City. Currently, under the AFSCME Collective Bargaining Agreement, they
have four (4) longevity steps at 10, 15, 20 and 25 years of service, with the City. The longevity amount
is a three (3 %) percent increase for each of the steps.
The AFSCME team negotiated to increase an additional step for those employees that reach thirty
five years (35) of service with the City. Both the City and the Association bargaining team agreed on
this additional step. The number of employees who have served the City more than 35 years is small
and the Administration believes they deserve this additional financial award.
CONCLUSION: The extraordinary economic circumstances faced by all local governments
including the City of South Miami were clearly an underpinning of the FY 09/10 budget process. As a
result, the resources available to the Administration to enter into arms length bargaining with
AFSCME were extremely limited. To their credit, the members of the AFSCME bargaining team were
cognizant of this limitation and while the negotiations were intense, an agreement has been reached.
Essentially by waiving the COLA and merit increases for FY 09/10, saving $ 58,211 for the City of
South Miami for FY09 /10, it is fair to reduce the employees pension contribution by a similar amount.
This results in an economic benefit for the members as well as the City since the COLA historically and
in better economic times had been much greater. The re- openers recognize that pension reform is an
important issue to both sides of the bargaining table and that we must consider the potential for COLA,
longevity and merit increases as part of the budget/bargaining process in FY 10 /11 and FY 11/12.
The issues included in the contract amendments have been longstanding for both the
bargaining unit members and management. Resolving these issues is important to provide a good
working environment for our employees. Finally, I wish to thank AFSCME representatives George
Greene, President Doug Baker, Attorneys Jim Crosland and John Maresca who all participated in
the negotiations leading up to this recommended settlement.
Backup Documentation:
U Proposed resolution.
❑ Letter from attorney confirming ratification (pending).
❑ Proposed Collective Bargaining Agreement Fiscal Years 2009 through 2012.
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A THREE YEAR CONTRACT BETWEEN THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL -CIO; LOCAL 3294 (HEREINAFTER REFERRED TO AS
AFSCME) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Administration and AFSCME have successfully concluded
negotiations on a three year agreement; and
WHEREAS, AFSCME has ratified the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section l: That the Mayor & City Commission approve the Collective Bargaining
Agreement for 2009 -2012 between AFSCME and the City of South Miami, and authorize the City
Manager to execute the agreement.
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this resolution.
Section 3: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this _day of 2010.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Feliu
Vice Mayor Beasley
Commissioner Palmer
Commissioner Newman
Commissioner Sellars
ARTICLE 1
AGREEMENT
Section 1: This Agreement is entered into by the City of South Miami, hereinafter
referred to as the City, and the American Federation of State, County and Municipal
Employees, AFL -CIO, City Employees Local 3294, hereinafter referred to as the Union.
Section 2: It is the purpose and intention of this Agreement to provide for salaries, fringe
benefits and other terms and conditions of employment except as otherwise provided by
Constitution, Statute, Charter, Ordinance, Administrative Order or Personnel Rules and
Regulations. It is further the intention of this Agreement to prevent interruption of work and
interference with the efficient operation of the City of South Miami and to provide an orderly,
prompt, peaceful and equitable procedure for the resolution of grievances and the promotion of
harmonious relations between the City of South Miami and the Union. Upon ratification, the
provisions of this Agreement will supercede Personnel Rules, or Administrative Orders, and /or
other rules and regulations in conflict herewith.
ARTICLE 2
RECOGNITION
The City hereby recognizes the union as the exclusive bargaining representative of all
regular, full time employees employed as equipment operators, laborers, sanitation engineers
and supervisors, custodial workers, parks and grounds workers and supervisors, maintenance
workers and supervisors, paint and body workers, building maintenance workers and
supervisors, maintenance mechanics and supervisors, carpenters, and motor equipment
operators and code enforcement officers employed by the City of South Miami, but excluding all
secretarial employees, professional employees, managerial employees, and confidential
employees.
ARTICLE 3
MANAGEMENT RIGHTS
Section 1: The Union recognizes that management possesses the sole right, duty and
responsibility to operate and manage the City and direct the work force; and the rights,
Lauthoy, tion which the City deems necessary to carry out its responsibilities and
exercised consistentl y with these terms. Any term and condition of
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employment other than wages and benefits not specifically established or modified by this
Agreement shall remain solely with the discretion of the employer to modify, establish or
eliminate, provided such are exercised consistently with the provisions of Prevailing Benefits, as
provided in the current Personnel Rules and Regulations, adopted February 043 17 2008 2009.
Section 2: These rights and powers include, but are not limited to the authority to:
a. determine the missions and objectives of the City;
b. determine the methods, means and number of personnel needed to carry
out departmental responsibilities;
C. direct the work of the employees, determine the amount and type of work
needed, and in accordance with such determination relieve from duty
because of lack of funds or lack of work;
d. discipline or discharge employees for cause;
e. schedule operations and shifts;
f. introduce new or improved methods, operations and facilities;
g. hire, examine, classify, promote, train, transfer and assign employees;
h. schedule and assign overtime work as required;
i. determine the utilization of technology;
j. merge, consolidate, expand, or curtail or discontinue temporarily or
permanently, in whole or in part, operations whenever in the sole
discretion of the City, makes in good business judgment such
curtailment or discontinuance advisable;
k. contract or subcontract any existing or future work;
I. the City will make every effort to notify the union of the contracting out or
privatization of service involving classes within the bargaining unit within
60 days after the City decides to contract out or privatize services. The
City shall furnish the union a copy of any Request for Proposal (RFP) to
contract or privatize services;
M. reduce, assign, or cease any existing job covered in the current
Personnel Rules and Regulations;
n. determine whether and to what extent the work required in its operation
shall be performed by the employees covered by this Agreement.
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ARTICLE 4
NON - DISCRIMINATION
Section 1: It is agreed that there shall be no discrimination against any employee
covered by this Agreement, by either the Union or the City because of race, color, sex, age,
national origin, religion, disability, sexual orientation, membership in the Union, or non-
membership in the Union. The parties further agree that the City may take any and all action in
order to fully comply with the Americans with Disabilities Act.
Section 2: All employees covered by this Agreement shall have the right to join the
Union as well as the right not to join the Union. Neither the Union nor its members or agents
shall interfere with, restrain, or coerce employees into membership in the Union. The Union
and the City shall not discriminate against any employee because of that employee's
membership or lack of membership in the Union or by virtue of the employee holding office or
not holding office in the Union.
ARTICLE 5
NO STRIKES OR LOCKOUTS
Section 1: There will be no strikes, work stoppages, picketing while working or while in
City uniforms, slowdowns, boycotts, or concerted failure, or refusal to perform assigned work by
the employees covered under this Agreement for any reason whatsoever, and there will be no
lockout by the City for the duration of this Agreement. The Union supports the City fully in
maintaining efficient operations.
Section 2: It is recognized by the parties that the City is responsible for and engaged in
activities which are the basis of the health and welfare of the citizens of the City and that any
violation of this Article would give rise to irreparable damage to the City and the public at large.
Accordingly, it is understood and agreed that in the event of any violation of this Article, the City
shall be entitled to seek and obtain immediate injunctive relief.
Section 3: Informational picketing is that picketing permitted solely for the purpose of
conveying to the general public the Unions position in the labor dispute.
Section 4: In the event of a strike, work stoppage or interference with the operation
and /or accomplishment of the mission of the City, the Union shall promptly and publicly order
the employees to return to work and attempt to bring about a prompt resumption of normal
operations.
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ARTICLE 6
DUES CHECK -OFF
Section 1: Upon receipt of a lawfully executed written authorization from an employee,
the City agrees to deduct the regular Union dues of such employee from his regular pay and
remit such deduction to the duly elected Treasurer of the Union within thirty (30) days from the
date of deduction. The Union will notify the City in writing thirty (30) days prior to any change in
the regular Union dues structure.
Section 2: An employee may revoke his /her Union dues deduction in accordance with
Florida Law 447.303.
Section 3: The Union agrees to indemnify and hold the City and any of its agents or
Commission members harmless against any and all claims, suits, orders or judgments brought
or issued against the City as a result of any action taken or not taken by the City under the
provisions of this Article.
ARTICLE 7
UNION STEWARD
Section 1: The Union has the right to select an employee from within the Bargaining Unit,
as herein defined, to act as Union Steward. The name of the Union Steward and alternate
designee shall be certified, in writing, to the City Manager by the Union. It is agreed and
understood by the parties to this Agreement, that the Union Steward may, without loss of pay,
with prior approval of his supervisor, process grievances. The supervisor's approval shall not
be unreasonably withheld. It is agreed to and understood by the parties to this Agreement that
there shall not be more than one (1) Steward and one (1) alternate Steward within the
Bargaining Unit, as herein defined. It is agreed to and understood by the Union that the Union
Steward shall process grievances and conduct his /her other duties in such a manner that does
not disrupt normal City activities, work production and services.
Section 2: Every effort will be made, by both the City of South Miami and the Union, to
allow the Union Steward to investigate grievances as rapidly as possible, preferably on the
same date as the grievance becomes known, and within at least twenty -four (24) hours. The
investigation of a pending grievance or personal contact of the employee during work time by
the Union Steward shall not be done without first receiving prior approval from both employees'
supervisors. Approval shall not be unreasonably withheld.
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Section 3: In no event shall the department layoff, discharge, or discriminate against a
Steward for action taken in the performance of his /her duty as a Steward.
ARTICLE 8
MAINTENANCE OF DISCIPLINE
Section 1: Whenever it is alleged that an employee has violated any rule, regulation or
policy, or upon the discovery of the violation, the employee shall be immediately notified by
his /her supervisor of said violation. Every effort shall be made to have an informal discussion
with the employee prior to the issuance of any disciplinary action.
Section 2: There shall be no Performance Report, Evaluation Statement, or Reprimand
placed in an employee's personnel folder unless the employee has been given a copy at the
same time it is placed in the file.
Section 3: All matters concerning discharge and discipline are to be resolved only in
accordance with the procedures set forth below. It is specifically agreed and understood that
probationary employees shall have no right to challenge disciplinary action.
Section 4: An employee may choose to appeal the discipline as provided in Section
Five (5), only one (1) procedure is applicable
Section 5: If the grievance procedure is chosen, the grievance steps contained in Article
(9) shall be utilized first. The employee organization may then appeal any decision of the City
Manager by submitting a written request to arbitrate within five (5) working days after receipt of
the City Manager's written decision.
ARTICLE 9
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1: In a mutual effort to provide a harmonious working relationship between the
parties to this Agreement, it is agreed and understood that there shall be a procedure for the
resolution of grievances between the parties and that such procedure shall cover grievances
involving the application or interpretation of this Agreement.
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Section 2: Every effort will be made by the parties to settle any grievance as
expeditiously as possible. Should the grieving party fail to observe the time limits as set out in
the steps of this Article, his /her grievance shall be considered conclusively abandoned. Any
grievance not answered by management within the prescribed time limits shall automatically
advance to the next higher step.
Section 3: Grievances shall be presented in the following manner:
1. The employee shall first take up his /her grievance with his immediate supervisor
(i.e., supervisor excluded from the Bargaining Unit) within ten (10) business days of the
occurrence of the event (s) which gave rise to the grievance. This first step (between the
employee and his immediate supervisor) shall be on an informal and oral basis, and may
involve the Employee Organization or any other representative of the employee;
2. Any grievance, which cannot be satisfactorily settled with the immediate
supervisor, shall be reduced to writing by the employee and shall next be taken up with his
Department Head. Such grievance shall be presented to the Department Head, in writing,
within ten (10) business days of the deadline date for the completion of Step (1). The
Department Head shall, within ten (10) business days after presentation of the grievance (or
such longer period of time as is mutually agreed upon), render his decision on the grievance in
writing;
3. In the event the employee is not satisfied with the disposition of the grievance in
Step (2), he shall have the right to appeal the Department Head's decision to the City Manager,
or his designee, within ten (10) business days of the issuance of the Department Head's
decision. Such appeal must be accompanied by the filing of a copy of the original written
grievance together with a letter signed by the employee. The employee may also opt to have
the representative of the Employee organization to request that the Department Head's
decision be reversed or modified. The City Manager, or his designee, shall within ten (10)
business days of the appeal (or some longer period as is mutually agreed upon) render his
decision in writing, with a copy to the Employee Organization.
4: Where a grievance is general in nature in that it applies to a number of
employees rather than a single employee, or if the grievance is directly between the Employee
Organization and the City, such grievance shall be presented in writing directly to the
Department Head within ten (10) business days of the occurrence of the event (s) which gave
rise to the grievance. The grievance shall be signed by the aggrieved employees or the
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President or representative of the Employee Organization. Thereafter, the grievance shall be
processed in accordance with the procedures set forth in Step (2) and Step (3).
5: Grievances or complaints involving discharge, suspension, demotion or other
disciplinary action invoked by the City, shall be appealable only through the procedures set forth
in the Maintenance of Discipline Article.
6: In the event a grievance processed through the grievance procedure has not
been resolved at Step (3), either party may request that the grievance be submitted to
arbitration within fifteen (15) business days after the City Manager, or his designee, renders a
written decision on the grievance. The arbitrator shall be any impartial person mutually agreed
upon by and between the parties. However, in the event the parties are unable to agree upon
said impartial arbitrator, the parties shall jointly request the American Arbitration Association to
furnish a panel of five (5) names from which each party shall have the option of striking two (2)
names in alternating fashion, thus leaving the fifth (5th) which will give a neutral or impartial
arbitrator.
7: The City and the employee (or the Employee organization) shall mutually agree
in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing,
i
and the arbitrator, thereafter, shall confine his decision to the particular grievance thus
specified. In the event the parties fail to agree on the statement of the grievance to be
submitted to the arbitrator, the arbitrator will confine his consideration and determination to the
written statement of the grievance presented in Step (2) of the grievance procedure. The
arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or
supplement this Agreement, or any part thereof or 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; nor shall this
collective bargaining agreement be construed by the arbitrator to supercede applicable laws in
existence at the time of signing of this Agreement, except to the extent as specifically provided
herein.
8: Consistent with the provision of the Florida Public Employees Relations Act,
Chapter 447, et se g., it is mutually acknowledged and agreed that this collective bargaining
agreement shall be administered within the amounts appropriated by the City Commission for
funding of the collective bargaining agreement. Accordingly, and not withstanding any other
provisions of this collective bargaining agreement, the arbitrator shall have no authority, power,
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or jurisdiction to construe any provisions of law, statute, ordinance, resolution, rule or
regulation, or provision of this collective bargaining agreement to result in, obligate, or cause
the City to have to bear any expense, debt, cost or liability except for the expense of arbitration,
by both parties, and the economic benefits provided by this Agreement, which result directly or
indirectly, in the City exceeding the amounts appropriated and approved by the City
Commission for the funding of this collective bargaining agreement as agreed upon by the
parties. Any such award which contravenes or is not in compliance with the provisions of this
paragraph shall be null and void.
9: Each party shall bear the expense of its own witness (es) and of its own
representatives for the purpose of the arbitration hearing. The impartial arbitrator's fee and
related expenses and expenses of obtaining a hearing room, if any, shall be equally divided
between the parties. Any party desiring a transcript of the hearing shall bear the cost of such
transcript unless both parties mutually agree to share said cost.
10: The parties shall make their choice of the impartial arbitrator within ten (10)
business days after the receipt of the panel from the American Arbitration Association. Copies
of the arbitrator's award made in accordance with the jurisdiction and authority under this
Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration
hearing. The arbitrator's award shall be final and binding on the parties.
11: No probationary employee shall be entitled to utilize the grievance /arbitration
i
procedure herein on any matter involving discharge, suspension, demotion or other disciplinary
action.
ARTICLE 10
SICK LEAVE
Section 1: The City agrees to institute a sick leave reimbursement plan, which would
reimburse employees for unused sick leave when they retire or resign, in accordance with the
following schedule:
Date of hire to five (5) years of service ................................ .............................0%
Five (5) years to ten (10) years of service ........................... ............................25%
Ten (10) years to fifteen (15) years of service ................... ............................50%
Fifteen (15) to twenty (20) years of service ......................... ............................75%
Over twenty (20) years of service ......... ............................... .........................100%
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Section 2: Sick leave is a protection to be used by employees when needed for illness.
Sick leave is not a benefit to be used at the employee's discretion as though it were annual
leave; rather, sick leave is a privilege, which shall be allowed only in a case of illness. The
employee must specifically request sick leave-use-
Section 3: Current employees will be eligible to receive the sick leave payout, with the
existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after
October 1, 1995, will not be eligible to receive any sick leave payout.
Section 4: Effective October 1, 1995, employees will be allowed to accrue sick leave in
excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by Section
(3) of this Article.
Section 5: All current employees, as of October 1, 1995, will retain current payout
provision upon termination of employment and will have no cap on sick accrual. All employees
hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a
"no -cap" maximum on sick leave accrual. All employees who have attained a sick leave
balance of a minimum of 36 days (288 hours) shall be eligible on their first anniversary date
following that accumulation to convert up to 32 hours of their annual unused sick leave balance
in excess of 288 hours to vacation leave. An employee who uses in excess of 32 hours of sick
leave during a one -year period will not be eligible for this benefit.
Section 6: Effective October 1, 2001, employees covered under this Agreement shall be
eligible to receive an additional day off for not using sick leave during that calendar year.
ARTICLE 11
ANNUALLEAVE
Section 1: Employees shall earn and receive annual leave at their respective classified
rate of pay in accordance with the following schedule:
Years of Uninterrupted Service Amount of Vacation Leave
One to five years inclusive 12 working days
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Six to fourteen years inclusive 15 working days
Fifteen to nineteen years inclusive 18 working days
Twenty years and over 21 working days
Section 2: No vacation pay shall be allowed until an employee has worked at least one
(1) continuous 12- month period. At the end of the 12 -month period, the employee shall be
entitled to twelve (12) working days.
Section 3: It shall be mandatory for each employee to use all earned vacation time
each year, on or before his next anniversary date. Everything over that will be cancelled.
Under exceptional circumstances and upon written request within the year in which the
vacation is due, and with the approval of the City manager, vacation time may be extended
for one year only.
Section 4: Vacation leave may be taken to the extent that it is earned by an employee,
only with the prior approval of the department head, upon written application by the employee in
advance, and at the convenience of the City.
Section 5: Any earned and credited vacation leave to the credit of an employee when
terminating employment with the city will be paid pro -rata at the employee's current rate of pay
with the last paycheck received.
Section 6: Any employee covered by this Agreement who has over twenty years of
uninterrupted service shall accumulate one additional day of annual leave per year of service.
ARTICLE 12
FUNERALLEAVE
1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a
maximum of four (4) work days in the event of a death in the employee's family. Two (2)
additional days of leave may be granted if travel is out of state.
2. The immediate family shall be defined as wife or husband, domestic partner, grandparents,
parents, children, grandchildren, brothers, sisters, father -in -law, mother -in -laws, brother -in-
law and sister -in -law.
3. Proof of death in the immediate family in the form of death certificate or public obituary must
be provided to the City Manager or their designee before compensation is approved.
4. Funeral leave shall not be charged to sick leave or annual leave.
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ARTICLE 13
HOLIDAYS
Paid Holidays
are:
January 1
New Year's Day
3rd Monday in January
Martin Luther King Day
3`d Monday in February
Presidents Day
Last Monday in May
Memorial Day
July 4
Independence Day
1st Monday in September
Labor Day
November 11
Veteran's Day
Last Thursday in November
Thanksgiving Day
Friday following Thanksgiving
Day
1/2 December 24
Christmas Eve
December 25
Christmas
Birthday
After one year of service
Floating holiday
After one year of service
When a holiday falls on a regularly assigned day off for an employee, such employee
shall be compensated by another day off.
When a holiday falls on a Sunday, the following Monday shall be observed and when it
falls on a Saturday, the proceeding Friday shall be observed.
Each .employee shall be entitled to a day off, with pay, for his birthday each year,
following one year of continuous employment. The day off is to be taken within a reasonable
time and will be determined by the supervisor and employee. Approval /denial of the requested
day off shall not he made in an arbitrary and capricious manner.
Each employee shall be entitled to a day off, with pay, as a floating holiday each year,
following one year of continuous employment. The supervisor must approve the day off.
In order to be eligible for holiday pay, the employee must work the scheduled workday
before and the scheduled workday after the holiday.
ARTICLE 14
HEALTH INSURANCE
The City agrees to pay for HMO health insurance for all employees covered by this agreement.
Employees wanting the optional POS or PPO health insurance will pay the difference between
the two plans. The City will also continue the current levels of coverage for dental, life and
disability insurance. The employee agrees to pay for 100 % of dependent coverage for health
and dental insurance.
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ARTICLE 15
HEALTH AND SAFETY
Section 1: The parties agree that it is in the best interests of the City and its employees
to provide safe and sanitary working conditions. The City and the Union insist on the
observation of safe rules and safe procedures by employees. Failure of employees to comply
may result in disciplinary action. If an employee believes he is being required to work under life
threatening unsafe conditions or in a situation where a serious safety violation exists, he shall
immediately notify his supervisor who will investigate the condition and take appropriate action,
if necessary.
Section 2: Safe Driving Awards. Any employee covered by this Agreement who drives
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or operates motor equipment twenty -five percent of the time in the performance of their duties
shall be eligible to receive a safe driving certificate and a $25 100 bonus in December if the
following criteria is met: Must have no preventable accidents /violations or chargeable accidents
within that calendar year. Employees shall be held accountable for accidents that are found to
be preventable. The City Manager or designee shall determine whether accidents were
preventable.
Section 3: An employee shall receive a copy of the on the Job Injury Report after the
report has been read to the employee and after the employee has signed the report. Neither
the City, Union nor any individual employee refuse to report an injury nor dissuade an employee
from reporting an injury.
ARTICLE 16
UNIFORMS AND SAFETY EQUIPMENT
Section 1: Safety Equipment. Employees of the Public Works Department shall be
issued two (2) pairs of safety shoes per man for use at work each year. In addition to safety
shoes, the following safety equipment shall also be used by unit employees: safety gloves, eye
goggles, safety vests, life vests (boat), hard hats, safety harnesses, and safety belts (vehicle).
Employees who sign for and receive safety equipment shall use it in a safe manner, as directed
by the Public Works Director. Employees are responsible for using safety equipment properly.
If an injury occurs because an employee did not use safety equipment properly, the employee
may be disciplined.
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Section 2: Uniforms: Each employee shall receive four (4) pair of pants, ten (10) work
shirts, per person each year.
Section 3: Gloves: Each employee shall receive two (2) pairs of gloves per year. In
extreme circumstances, the Public Works Director will determine if the employee requires an
additional pair during the year.
Section 4: The City shall issue a jacket of quality comparable to that used by the Police
Department to each employee covered by this Agreement. Furthermore, safety shoes will be
replaced as necessary to maintain safety standards of the Department.
ARTICLE 17
WAGES
1. Employees covered by this agreement shall receive no across - the -board increase for
fiscal year 2009 -2010.
2. Employees covered by this agreement shall receive no merit increases during fiscal
year 2009-2010. This provision shall automatically terminate on September 30. 2010
and revert back to the current merit review system unless otherwise negotiated by the
parties or modified by the statutory impasse procedures contained in Chapter 447
Florida Statutes.
3. The City and the Union agree to reopen this Agreement no later than July 1 2010 for
the sole purpose of negotiating possible cost -of- living merit and longevity adjustments.
Additionally the City and the Union may each propose one additional economic item
and one non - economic item.
G!
Additionally,, the City and the Union may each propose one additional economic item
and one non - economic item.
ARTICLE 18
LONGEVITY BONUS
Employees covered by this Agreement with 10 years of continuous satisfactory full
time service shall receive a longevity bonus of 3% of the employee's base salary on their
anniversary date (Longevity 1). After 15 years of continuous satisfactory full time service an
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additional 3% will be compounded (Longevity 2). After 20 years of continuous satisfactory full
time service an additional 3% will be compounded (Longevity 3). After 25 years of continuous
service with the City, all bargaining unit employees who are employed in positions covered by
this unit shall receive an additional longevity step, which is 3% of their salary compounded
(Longevity 4). After 35 years of continuous service with the City, all bargaining unit employees
who are employed in positions covered by this unit shall receive an additional longevity, step,
which is 3% of their salary compounded (Longevity 5).
ARTICLE 19
PERFORMANCE EVALUATION
During the term of this Agreement, all employees shall be evaluated on their
anniversary date (or as close thereto as possible It is understood and agreed that no employee
covered hereunder shall receive a merit wage adjustment, which would bring him above the top
of the salary range in his /her job classification. All newly hired employees will have a one year
probationary period. Should an employee covered hereunder reach the top of the salary range
in his job classification, he shall be 'red- lined" and shall not be eligible for a merit increase. All
employees who are eligible to receive a merit increase (i.e., who are not at the top step of their
classification) and who receive a satisfactory (or above) evaluation on their anniversary date
shall receive a merit increase of five percent (one- step). Any employee receiving an overall
evaluation of improvement needed or unsatisfactory shall not, at that time, receive a merit
increase. Said employee shall be reevaluated within no more than ninety (90) days from the
first evaluation. If the employee is found to be satisfactory at that time, the employee shall
receive the merit increase as of the date of the second evaluation. All newly hired employees
will be given an interim evaluation after six (6) months. The anniversary date for future
evaluations shall be changed to the date of the second evaluation. In the event that the
employee remains unsatisfactory after the second evaluation, the City Manager may take such
further action, as it deems appropriate to improve the evaluation. In the event that an employee
is dissatisfied with a below satisfactory evaluation, the employee may, within five (5) working
days of receiving his evaluation, file a written appeal to the City Manager. The City Manager
shall hold a meeting with the employee and a union representative if desired and shall
thereafter issue his decision. The City Manager's decision shall be final and binding and shall
not be subject to review.
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ARTICLE 20
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CLASSIFICATION APPEAL
Section 1: Whenever an employee has reason to believe that he /she is misclassified,
he /she may apply for a review of his /her classification by submitting such a request in writing to
his /her department head. The request shall include proposed job description. Within 20
calendar days of receipt of the request, the department head shall forward the request, with any
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comments that the department head wishes to make, to the City Manager.
Section 2: Within 30 days of receipt of the request for reclassification, the City
Manager shall meet with the employee (and, if the employee requests, a representative of
his /her choosing). At the meeting, the employee may produce any documents to support
his /her request for reclassification. Within 30 calendar days of such meeting, the City Manager
shall render his decision in writing.
Section 3: If the City Manager determines that an employee is misclassified, the
employee shall be placed in a current appropriate classification (as determined by the City
Manager), unless the City Manager determines that there is no existing appropriate
classification. In such cases, the City Manager shall recommend to the City Commission that a
new classification, job description, and pay range be adopted. In the event that a request for
reclassification is granted, the employee shall receive the new compensation beginning with the
date of the City Manager's decision.
Section 4: The City Manager's decision shall be final and is not grievable.
Section 5: Employees may not submit a request for reclassification more than once
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every twelve (12) months.
ARTICLE 21
SERVICES TO THE UNION
Section 1: The City agrees to furnish the Union, once a year, one copy of the following
regarding employees in the bargaining unit:
a) Names, addresses, classifications, and social security numbers; and
b) List of employees by occupation.
Section 2: The City will furnish the Union with sufficient bulletin board space for up to
four (4) Union notices, size 8 -1/2 X 14 at the following two (2) locations: Public Works and the
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employee lounge. It is intended for the purpose of interpretation that the bulletin boards shall
be provided primarily for employee information and internal communications and not for the
primary purpose of communicating with the general public. The Public Works Director must
first approve anything that the Union wishes to post on the bulletin board.
ARTICLE 22
CALL BACK
Employees called back to work shall be guaranteed a minimum of three (3) hours pay,
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of which shall be considered hours worked for the purpose of determining overtime
compensation, providing such work does not immediately precede or immediately extend the
employees regularly assigned work shift.
ARTICLE 23
SEVERABILITY CLAUSE
Should any provision of this collective bargaining agreement, or any part thereof be
rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by
any decree of a court of competent jurisdiction, all other Articles and Sections of this Agreement
shall remain in full force and effect for the duration of this Agreement.
ARTICLE 24
PERSONNEL RULES AND REGULATIONS
The Personnel Rules and Regulations of the City of South Miami as published in the City's
Handbook dated and adopted February 517, 20089 are hereby incorporated into this contract in
its entirety.
ARTICLE 25
COMPLETE AGREEMENT AND WAIVER OF BARGAINING
Section 1: It is agreed and understood that this Agreement constitutes the complete
understanding between the parties, concluding all collective bargaining during its term, except
as may otherwise be specifically provided herein. The entire Agreement may be reopened for
negotiations in the event any portion of it is not approved by the City Commission of South
Miami, or funds are not available for its implementation.
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Section 2: It is understood and agreed that if any part of this Agreement is in conflict
[reopen ndatory Federal or State Laws or mandatory provisions of the City Charter or
ces, such parts shall be re- negotiated and the appropriate mandatory provisions shall
ARTICLE 26
PROHIBITION AGAINST REOPENING OF NEGOTIATIONS
Except as specifically provided herein, neither party hereto shall be permitted to
or renegotiate this Agreement or any part of this Agreement. This Agreement contains
the enre agreement of the parties on all matters relative to wages, hours, working conditions,
and all other matters, which have been, or could have been negotiated by and between the
parties prior to the execution of this Agreement.
ARTICLE 27
RULES AND REGULATIONS
Section 1: It is agreed and understood that the City has Rules and Regulations
governing employment. Said Rules and Regulations shall be formulated, amended, revised
and implemented in the sole and exclusive discretion of the City, provided, however, that said
new, amended, revised, and implemented rules or regulations will be neither arbitrary nor
capricious.
Section 2: The City shall provide a copy of any new rule or regulation, as well as any
amendment or revision to a rule or regulation to the Union. Said rules or regulations will be
provided prior to their effective date, if possible. As provided in Section 1, the Rules and
Regulations will be formulated, amended, revised and implemented in the sole and exclusive
discretion of the City. However, the Union may submit a written request to bargain over the
impact of the new and /or revised rule or regulation within fourteen (14) calendar days from
receipt of the rule or regulation. The City agrees that it will immediately participate in
requested impact bargaining, provided that the effective date of the and /or revised rule or
regulation will not be delayed until after the complication of impact bargaining.
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ARTICLE 28
EMPLOYEE AND UNION COOPERATION
The Union agrees that it and all of the members of the bargaining unit will, at all times,
work in the best interests of the City and further, will perform efficient work and put forth their
best efforts toward obtaining lowest possible operating costs to protect the properties and serve
the best interests of the City and its residents.
ARTICLE 29
VEHICLE AND EQUIPMENT ABUSE
If an employee abuses vehicles or equipment, the employee will be subject to
discipline in accordance with the Discipline policy.
ARTICLE 30
OFF DUTY EMPLOYMENT
Employees shall be permitted to work off duty jobs with the prior approval of the City
Manager. Off duty jobs that have hours that conflict with the employee's regular shift, that
present conflicts of interest, etc. shall not be approved. However, approval of off -duty
employment shall not be unreasonably withheld.
ARTICLE 31
DRUG AND ALCOHOL TESTING
Section 1: The City and the Union recognize that employee substance and alcohol
abuse has an adverse impact on City government, the image of City employees, the general
health, welfare and safety of employees, and to the general public at large. Therefore, it is in
the best interest of the parties to negotiate over the subject of drug and alcohol testing.
Section 2: Using, selling, possessing or being under the influence of drugs or
controlled substances while at work is prohibited. Employees are further prohibited from
consuming alcohol and drugs on duty and /or abusing alcohol and drugs off duty to the extent
that such use and /or abuse tends to have an effect upon the performance of their job functions.
Section 3: The City may require any employee to submit to a blood analysis, urine
analysis, and /or intoxalyzer, when it has a reasonable suspicion that an employee is under the
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influence of or using alcohol, drugs or narcotics and/or when an employee is involved in an
accident (i.e., automobile or other injury).
Section 4: All bargaining unit employees covered by this Agreement have agreed to
submit to random drug tests. Employees will be selected at random and without prior
notification for alcohol and drug testing. Random drug testing may occur not more than twice
per employee per year.
Section 5: The parties agree that an employee's refusal to submit to drug or alcohol
testing in accordance with the provision of this Article may result in disciplinary action being
taken against the employee up to and including dismissal.
Section 6: At the conclusion of the drug and alcohol testing, the City may take whatever
action, if any, it deems appropriate. In the event that said action is in the form of discipline, the
employee may grieve said disciplinary action through the contractual grievance /arbitration
procedure.
Section 7: It is further understood and agreed that all issues pertaining to Drug and
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Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and
Personnel Rules and Regulations adopted February 05, 2008.
ARTICLE 32
COURT TIME
Any employee who is subpoenaed to testify at a court trial in a matter arising out of the
performance of his /her official job duties, or who is required to serve on a State of Florida or
federal court jury, will be paid his /her straight time rate for each scheduled work day lost, minus
any compensation received from the court or witness fees. Employees released by the court
shall report back to work, unless they are relieved within two (2) hours of the end of the
employee's shift. Upon return to work, employees shall furnish evidence of time release to the
Finance Department.
ARTICLE 33
LAYOFF AND RECALL
Section 1: A layoff shall be deemed to have occurred when the City, within its sole
discretion, announces that it is laying off employees for lack of work, or lack of funds.
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Section 2: The City agrees to notify the Union of the names of employees being laid -
off at the same time notice is provided to the affected employees or immediately thereafter.
Section 3: Employees to be laid off shall be given at least fourteen (14) calendar days
notice of the layoff, or shall be given wages in lieu of notice, or a combination thereof.
Section 4: The City Manager or his designee shall designate the job classifications in
which the layoffs shall occur and the number of employees within each classification to be laid
off. Employees shall be laid off by job classification and, within each classification, by
bargaining unit seniority. However, no regular employee shall be separated from his /her
classification while there are emergency, provisional, probationary, or temporary employees in
the classification in which the layoff(s) is occurring.
Section 5: Any employee covered by this Agreement who is affected by a layoff shall
have the right to displace any employee with less bargaining unit seniority in any lower rated
classification covered by this Agreement, provided that said employee is immediately qualified
to perform the necessary services to be performed in that lower rated classification. The City
manager and /or Department Director shall determine lower rated classifications and whether
the affected employee is immediately qualified to perform the necessary services to be
performed in that lower rated classification. Such determinations shall be made in the sole
discretion of the City Manager and /or Department Director and shall be final and binding.
When an employee elects to "bump" into a lower rated classification, said employee will be paid
the rate of pay of that lower rated classification.
Section 6: Employees who have been laid off will have the recall rights specified in
this section for a period of time not to exceed twelve (12) months.
(A) Employees shall be recalled according to bargaining unit seniority into the
classification from which the employee was laid off or into a lower rated classification covered
by this Agreement, provided that the employee is immediately qualified to perform the
necessary services to be performed in the employee classification or in the lower rated
classification. Determinations as to lower rated classifications and qualifications to perform
necessary services shall be made in the same manner as set forth in section 5 (above). All
employees who are recalled shall be required to pass a physical examination and a drug test.
(B) Employees on layoff shall be responsible to keep on file with the City
Manager's office the employee's current address. If an employee on layoff fails to keep his /her
current address on file as provided herein, the employee shall forfeit all recall rights.
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Employees entitled to recall shall be notified of a vacancy by certified mail not less than seven
(7) calendar days prior to the date the employee is to report to work. A copy of the recall notice
shall be sent to the Union. A recalled employee shall be considered to have voluntarily
resigned if he /she fails to accept employment within fourteen (14) calendar days after the
notification is mailed by the City or fails to report to work as instructed. Thereafter, the
provisions of this Agreement notwithstanding, the City will owe no further obligation to the
employee.
Section 7: An employee on layoff status does not accrue seniority but does retain
his /her accumulated seniority until recall. If recalled, the employee again begins to accrue
seniority.
ARTICLE 34
REPRESENTATION DURING NEGOTIATIONS
Section 1: The bargaining team for each party shall consist of not more than four (4)
persons. The Union will furnish the City with a written list of its bargaining team prior to the first
negotiation meeting.
Section 2: Prior to the first negotiation meeting, the Union shall designate up to two (2)
unit employees who will be paid their regular rate of pay for attending negotiations during work
hours. Such pay shall not exceed twenty (20) hours in each fiscal year.
ARTICLE 35
EMERGENCIES
Section 1: The City Manager shall have the right, in his sole and exclusive discretion,
to determine if and to what extent an emergency situation exists with respect to City property
and /or to the citizens of the City. Immediately after making such determination, the City
Manager's office shall notify the Union of the decision, and, to the extent possible, the length of
time the emergency condition is expected to continue.
Section 2: During the declared emergency, all provisions of this Agreement may be
suspended. Any provision so suspended will be reinstated upon order of the City Manager after
the emergency has ended.
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Section 3: Disputes concerning the Agreement arising during the declared emergency
shall not be subject to the grievance and arbitration procedure except disputes concerning
salary and wages.
;
ARTICLE 36
LABOR- MANAGEMENT COMMITTEE
There shall be a Labor- Management Committee consisting of no more than two
management representatives designated by the City Manager and no more than two bargaining
unit employees appointed by the President of the Union. The Labor - Management Committee
shall meet as mutually agreed upon by the participants, but not less than quarterly.
The sole function of the Committee shall be to discuss general matters pertaining to
employee relations (e.g., safety issues). Thus, the parties agree that the purpose of the
Committee shall not be to discuss grievances or matters which have been the subject of
collective bargaining. Each bargaining unit Committee member shall be paid his or her regular
salary for attendance at Committee meetings during the bargaining unit member's regular work
hours.
ARTICLE 37
PENSION BENEFITS
Section 1. The parties will form a joint Pension Committee to study the current pension
plan for bargaining unit employees and to suggest amendments, if any, to the City Commission
for consideration regarding changes to said plan. The parties may appoint up to three
members each to the Committee; however, one of the City's members shall be the City
Manager and one of the Union's members shall be the Staff Representative from AFSCME
Florida Council 79. If the parties are not able to reach agreement on recommendations to the
City Commission, both sides of the Committee may issue separate recommendations. The
recommendations are not binding on the City Commission. Each bargaining unit Committee
member shall be paid his or her regular salary for attendance at Committee meetings during the
bargaining unit member's regular work hours.
Section 2: The following changes in the pension are as follows (historical data):
a. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased
from 1.6 to 1.8 % (historical data).
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b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased
from 1.8 to 2.0 % (historical data).
c. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased
from 2.0 to 2.25% (historical data).
d. Effective October 1, 1998, the benefit accrual rate (multiplier) shall be increased
from 2.25 to 2.5% (historical data).
e. Effective October 1, 1999, the benefit accrual rate (multiplier) shall be increased
from 2.5 to 2.75% (historical data).
Section 3: All bargaining unit employees who are employed in positions covered by the
unit on the date of this agreement shall receive the following pension plan
improvements: Effective October 1 2009 the employee contribution to the retirement
plan shall be reduced by 2% This provision shall automatically terminate on
September 30 2010 and revert back to the language contained in Paragraph 3(a)
below, (current contractual language), unless otherwise negotiated by the parties or
modified by the statutory impasse procedures contained in Chanter 447, Florida
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Statutes.
a. Upon commencement of the second year of the collective bargaining
agreement and thereafter, should the total contribution be actuarially
determined to exceed 14% both the City and the employees will share equally
the excess amount (e.g., should the total contribution be actuarially determined
to be 16% the City shall contribute a total of 8.00% and the employee -shall
contribute a total of 8,00%. For full text please see Ordinance 16 -08 -1951
adopted May 20 2008 titled Pension Plan.
b. The pension multiplier shall be increased to 2.125 % effective October 1, 2000,
for all bargaining unit members, as part of pension plan improvements, from
their pension participation date through September 30, 1996 (historical data).
c. The pension multiplier shall be increased to 2.250 % effective October 1, 2001,
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for all bargaining unit members as part of pension plan improvements, from
their participation date through September 30, 1997(historical data).
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d. The pension multiplier shall be increased to 2.50 % effective October 1, 2002, for
all bargaining unit members as part of the pension plan improvements, from their
participation date through September 30, 1998 (historical data
4. The City and the Association agree to reopen this Agreement no later than thirty
(30) days after the City Commission provides direction to the City's bargaining
team concerning the City's Pension Reform Committee's report for the sole
purpose of negotiating pension issues.
ARTICLE 38
WORK IN HIGHER CLASSIFICATION
An employee who is authorized by the Department Head to temporarily assume the
duties of a higher pay status classification for three (3) consecutive work days will receive the
pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is
higher) for all consecutive hours worked in the higher classification after the above - referenced
three (3) consecutive work days.
ARTICLE 39
TERM OF AGREEMENT AND REOPENING
Section 1: This Agreement, having been ratified by the City Commission of the City of
South Miami and Local 3294, American Federation of State, County, and Municipal Employees,
AFL -CIO, shall be operative and effective as of its date of execution, and shall continue until
September 30, 209912.
Section 2: Either party may require, by written notice to the other, between April 1 st and
not later than June 1st discussions concerning modifications of this Agreement on non - financial
issues, one issue chosen by the Union, and one issue chosen by the City. If neither party shall
submit such written notice during the indicated period, this Agreement shall automatically be
renewed, in its entirety, for the following fiscal years thereafter.
[SIGNATURE PAGES TO FOLLOW)
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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THIS AGREEMENT signed this day of 2010.
CITY OF SOUTH MIAMI
By_ Date:
Roger M. Carlton, Acting City Manager
Approved as to form:
By, Date:
James Crosland,
Bryant Miller Olive, P.A.
Labor Counsel to the City of South Miami
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American Federation of State, County and Municipal Employees.
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 3294
By. Date:
Doug Baker, AFSCME Representative
By. Date:
John Maresca, AFSCME Representative
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