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10aTo: From: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM The Honorable Mayor & Members of the ' Co 'ss. Roger M. Carlton, Acting City Manager Agenda Item No.: South Miami AN-AmeltaCity r 2001 Date: March 2, 2010 Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving and authorizing the City Manager to execute a one 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 one year agreement between the City of South Miami and AFSCME Collective Bargaining Union. Background: This agreement covers 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 Fiscal Year 2009/2010 budget hearings, the City Commission determined there would be no compensation increases, however, since the current contracts have expired and under advice from Labor Counsel, Jim Crosland it was determined longevity adjustments and merit increases were negotiable. Both the City and AFSCME's bargaining team have agreed that during the term of the Agreement (October 1, 2009 through September 30, 2010), no merit or cost -of- living increases will be given. 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. 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 Savings Longevity $ 2,174 $ None Merit $ None $ 31,642 COLA $ None $ 16,569 Total: $2,174 $ 58,211 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 FY 09/10. 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 percent of AFSCME member salaries, by agreement to forego COLA and merit for FY 09/10, 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. The reduction to 9.6% will be retroactive to October 1, 2009. It is further the intent of the City and AFSCME 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 to be incorporated in the FY 10 /11 Budget. Additional items: 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 AFSCME believe that this is a more realistic incentive that will encourage employees to continue with safety initiatives. There will also be a one time stipend in the amount of $100 paid to each AFSCME members as recognition of this agreement. The cost of these stipends is $ 3,900 for Fiscal Year 2009/2010. CONCLUSION: The 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 negotiate 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 which was unanimously ratified by the members. Essentially by waiving the COLA and merit increases for FY 09/10, saving approximately 2 percent of salaries ($ 58,211) for the City of South Miami for FY 09/10, it is fair to reduce the employee's pension contribution by a similar amount. 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 members George Greene and Doug Baker, John Maresca representative for AFSCME and Jim Crosland, Attorney for the City of South Miami, who all participated in the negotiations leading up to this recommended agreement. Backup documentation: ❑ Proposed resolution ❑ Letter from AFSCME confirming ratification (pending) ❑ Proposed Collective Bargaining Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 one 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 one year agreement; and Whereas, AFSCME has ratified the proposed agreement; and Now, therefore, be it resolved by the Mayor and City Commission of the City of South Miami, Florida that: Section 1: That the Mayor and City Commission approve the Collective Bargaining Agreement for 2009 -2010 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 and sufficiency: CITY ATTORNEY Mayor Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: Feb. 17. 2010 3:28FM A' °w"L- Xeg +on 7 No. 244930 P. 1 2 AFSCME Plorida Council 79 American FederatOn of State, Oocinty and Niunicipat Employees. AR CTO 99 N. W. • 183rd Street, Suite 224 FEB -18 -2010 05:34 From: Mla+rit pardons; Florida 331651 ID: Telcphona (305) 651 -6517 (800) 277 -1467 FAX (305) 651.1740 Pa9e:001 R =98% 1 1 101111t 1UWAF9,1611 fi I t M� i Page 1 of 28 AFSCME — City TABLE OF CONTENTS ARTICLES PAGE ARTICLE 1 AGREEMENT 4 ARTICLE 2 RECOGNITION 4 ARTICLE 3 MANAGEMENT RIGHTS 4 ARTICLE 4 NON - DISCRIMINATION 6 ARTICLE 5 NO STRIKES OR LOCKOUTS 6 ARTICLE 6 DUES CHECK -OFF 7 ARTICLE 7 UNION STEWARD 7 ARTICLE 8 MAINTENANCE OF DISCIPLINE 8 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE 8 ARTICLE 10 SICK LEAVE 11 ARTICLE 11 ANNUAL LEAVE 12 ARTICLE 12 FUNERAL LEAVE 13 ARTICLE 13 HOLIDAYS 14 ARTICLE 14 HEALTH INSURANCE 14 ARTICLE 15 HEALTH AND SAFETY 15 ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT 15 ARTICLE 17 WAGES 16 ARTICLE 18 LONGEVITY BONUS 16 ARTICLE 19 PERFORMANCE EVALUATION 17 ARTICLE 20 CLASSIFICATION APPEAL 17 ARTICLE 21 SERVICES TO THE UNION 18 ARTICLE 22 CALL BACK 19 ARTICLE 23 SEVERABILITY CLAUSE 19 ARTICLE 24 PERSONNEL AND REGULATIONS 19 ARTICLE 25 COMPLETE AGREEMENT AND WAIVER 19 OF BARGAINING ARTICLE 26 PROHIBITION AGAINST REOPENING 20 OF NEGOTIATIONS Page 2 of 28 _ AFSCME — City TABLE OF CONTENTS ARTICLES PAGE ARTICLE 27 RULES AND REGULATIONS 20 ARTICLE 28 EMPLOYEE AND UNION COOPERATION 21 ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE 21 ARTICLE 30 OFF DUTY EMPLOYMENT 21 ARTICLE 31 DRUG AND ALCOHOL TESTING 21 ARTICLE 32 COURT TIME 22 ARTICLE 33 LAYOFF AND RECALL 22 ARTICLE 34 REPRESENTATION DURING NEGOTIATIONS 24 ARTICLE 35 EMERGENCIES 24 ARTICLE 36 LABOR MANAGEMENT COMMITTEE 25 ARTICLE 37 PENSION BENEFITS 25 ARTICLE 38 WORK IN HIGHER CLASSIFICATION 27 ARTICLE 39 TERM OF AGREEMENT 27 Page 3 of 28 AFSCME — City 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, authority, and discretion which the City deems necessary to carry out its responsibilities and Page 4 of 28 _ AFSCME — City missions shall be exercised consistently with these terms. Any term and condition of 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 0517, 2806 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; 1. 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. Page 5 of 28 _ AFSCME — City 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. Page 6 of 28 AFSCME — City 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. Page 7 of 28 AFSCME — City 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. Page 8 of 28 AFSCME — City 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 Page 9 of 28 _ AFSCME — City 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, 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 sea., 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, Page 10 of 28 AFSCME — City 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 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% Page 11 of 28 AFSCME — City 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 Page 12 of 28 AFSCME — City 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. Page 13 of 28 _ AFSCME — City 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 . MIT %T19 ff METUITIM 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. Page 14 of 28 AFSCME — City 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 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 EOUIPMENT 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. Page 15 of 28 _ AFSCME City 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. Employees covered by this Agreement shall receive a one -time stipend of $100, which shall not be added to employees' base pay and shall not be included in employees' pension calculations, effective upon ratification of this Agreement by the parties. 2. Emplovees covered by this aareement shall receive no merit increases durina fiscal vear 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. 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 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). Page 16 of 28 AFSCME — City 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. ARTICLE 20 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 comments that the department head wishes to make, to the City Manager. Page 17 of 28 AFSCME — City 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 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 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. Page 18 of 28 AFSCME — City ARTICLE 22 CALL BACK Employees called back to work shall be guaranteed a minimum of three (3) hours pay, 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 5 17, 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. Section 2: It is understood and agreed that if any part of this Agreement is in conflict with mandatory Federal or State Laws or mandatory provisions of the City Charter or Page 19 of 28 _ AFSCME — City Ordinances, such parts shall be re- negotiated and the appropriate mandatory provisions shall prevail. ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to reopen or renegotiate this Agreement or any part of this Agreement. This Agreement contains the entire 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. Page 20 of 28 _ AFSCME — City 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 Page 21 of 28 AFSCME — City 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 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. Page 22 of 28 AFSCME City 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. Page 23 of 28 AFSCME City 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 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. Page 24 of 28 _ AFSCME City 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 %. Page 25 of 28 AFSCME — City 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 from 11.6% to 9.6 %. 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 Chapter 447, Florida 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 a 8.00% and the employee -shall contribute a total of 8 %. 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, for all bargaining unit members as part of pension plan improvements, from their participation date through September 30, 1997 (historical data). Page 26 of 28 AFSCME — City 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). Section 4: City and the Association agree to reopen this Agreement no later than the thirty (30) days after the City Commission provides direction to the City's bamaininq 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, 20992010. 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 Page 27 of 28 _ AFSCME — City THIS AGREEMENT signed this day of 2010. CITY OF SOUTH MIAMI By: Date: Roger M. Carlton, Acting City Manager Approved as to form: James Crosland, Bryant Miller Olive, P.A. Labor Counsel to the City of South Miami Date: American Federation of State, County and Municipal Employees. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 3294 0 0 Doug Baker, AFSCME Representative John Maresca, AFSCME Representative Page 28 of 28 Date: Date: AFSCME — City City of South Miami City Commission By: Philip K. Stoddard, Mayor By: Valerie Newman, Vice Mayor IN Velma Palmer, Commissioner .0 Brian D. Beasley, Commissioner : Walter Harris, Commissioner Attest: City Clerk Date: Date: Date: Date: Date: