AFSCME AgreementAGREEMENT
BETWEEN
CITY OF SOUTH MIAMI
AND
AFSCME
ANNUAL AGREEMENT FOR FISCAL
YEARS
. October 1, 2011 to September 302013
Table of Contents
ARTICLE 1 AGREEMENT ................................................................................................................................. 4
ARTICLE 2 RECOGNITION ............................................................................................................................. 5
ARTICLE 3 MANAGEMENT RIGHTS ............................................................................................................. 6
ARTICLE 4 NON-DISCRIMINATION .............................................................................................................. 8
ARTICLE 5 NO STRIKES OR LOCKOUTS ....................................................................................................... 9
ARTICLE 6 DUES CHBCK-OFF ...................................................................................................................... 10
ARTICLE 7 UNION STEWARD ...................................................................................................................... II
ARTICLE 8 MAINTENANCE OF DISCIPLINE ............................................................................................. 12
ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE ................................................................... 14
ARTICLE 10 SICK LEAVE .............................................................................................................................. 18
ARTICLE 11 ANNUAL LEAVE ...................................................................................................................... 20
ARTICLE 12 FUNERAL LEAVE ..................................................................................................................... 21
ARTICLE 13 HOLIDAyS .................................................................................................................................. 22
ARTICLE 14 HEALTH INSURANCE ............................................................................................................. 24
ARTICLE 15 HEALTH AND SAFETy ......................... ; .................................................................................. 25
ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT ................................................................................ 26
ARTICLE 17 WAGES ....................................................................................................................................... 27
ARTICLE 18 LONGEVITY BONUS ................................................................................................................ 28
ARTICLE 19 PERFORMANCE EVALUATION ............................................................................................. 29
ARTICLE 20 CLASSIFICATION APPEAL ..................................................................................................... 31
ARTICLE 21 SERVICES TO THE UNION ...................................................................................................... 32
ARTICLE 22 CALL BACK ............................................................................................................................... 33
ARTICLE 23 SEVERABILITY CLAUSE ........................................................................................................ 34
ARTICLE 24 PERSONNEL RULES AND REGULATIONS .......................................................................... 35
ARTICLE 25 COMPLETE AGREEMENT AND WAIVER OF BARGAINING ............................................ 36
ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS ............................................. 37
ARTICLE 27 RULES AND REGULATIONS .................................................................................................. 38
ARTICLE 28 EMPLOYEE AND UNION COOPERATION ............................................................................ 39
ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE ..................................................................................... 40
ARTICLE 30 OFF DUTY EMPLOYMENT ..................................................................................................... 41
ARTICLE 31 DRUG AND ALCOHOL TESTING .......................................................................................... .42
ARTICLE 32 COURT TIME ............................................................................................................................. 44
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ARTICLE 33 LAYOFF AND RECALL,,,,,,,,,,,, "''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''""'''''''''''''''''' 45
ARTICLE 34 REPRESENTATION DURING NEGOTIATIONS""""""""""""""""""""""""""",,,,,,,,,,,,,, 48
AR TI CLE 35 EMERGENCIES ,,,',"''''','' "" """""'" '"'''''''''''''''''''' '''''''''''''''''''''''''''''''''' '''' """"""'"'''''' ''',,'' 49
ARTICLE 36 LABOR-MANAGEMENT COMMITTEE""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"""""""""""",,,50
ARTICLE 3 7 PENSION RETIREMENT BENEFITS"",,,,,,,,,,,,,,,,,,,,,,,, ",,""" ",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 51
ARTICLE 38 WORK IN HIGHER CLASSIFICATION""""""""""""""""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"" 55
ARTICLE 39 TERM OF AGREEMENT AND REOPENING """"""""""'''"''''''''',,'',,'''''''''''',,,,''''''''''',,,,'' 56
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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,
Chmier, Ordinance, Administrative Order or Personnel Rules and Regulations. It is fWiher 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 shall supersede will supercede· Personnel Rules, et'
Administrative Orders, and/or other rules and regulations in conflict herewith.
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ARTICLE 2 RECOGNITION
The City hereby recognizes the If Qnion 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, aOO 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.
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ARTICLE 3 MANAGEMENT RIGHTS
Section 1: The Union recognizes that the City Manager (hereinafter referred to as
Mmanagement:Lpossesses 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 cany out
its responsibilities and missions shall be exercised consistently with these tenns. Aily 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, as periodically modified and adopted by the City Commission Febnlary 17,2009.
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
depmimental 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 oveltime work as required;
I. determine the utilization of technology;
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J. merge, consolidate, expand, or cUliaii or discontinue temporarily or permanently,
in whole or in pati, operations whenever in the sole discretion of the City, HHlkes
ffi good husiness judgment makes such action eUftaiilnent or diseontinuanee
advisahle;
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 6il-45
days after the City decides to contract out or privatize services. The Cily shall
furtHsh the union a eOll), of an)' R"Etuest for Proposal (RFP) to eontraet or
privatice scrviecs;
m. reduce, assign, or cease any existing job authorized in the City'S approved
budget, including those covered in the current Personnel Manual covered in the
OOrrent P,wsonnellhllcs 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.
o. have the sole discretion to determine the plan design for all medical and dental
coverage that benefits employees covered under this Agreement. Management
agrees to consider the recommendations of the Employees' Benefits Committee
as established by the City Manager. The Union shall be entitled to have one seat
on any such Employee Benefits Committee, said representative to be appointed
by the Local's President.
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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 becanse 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 ofthe employee holding office or not holding office in the Union.
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ARTICLE 5 NO STRIKES OR LOCKOUTS
Section 1: There will be no strikes, work stoppages, picketing, slowdowns, boycotts, or concerted
failure, or refusal to perfOlm assigned work while working or while in City uniforms slowdoVIIlS,
boyeotts, or eOReerted faih;re, or refusal to l"erform 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
thatwhleh are the basis of the health and welfare of the citizens of the City and that any violation of this
Alticle 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 thitiy (30) days from the date of deduction.
The Union will notifY the City in writing thiliy (30) days prior to any change in the regular Union dues
structure.
Section 2: An employee may revoke hislher Union dues deduction in accordance with
Florida LawSection 447.3 03 Florida Statutes.
Section 3: The Union agrees to indemnify and hold the City and any of its agents or
Commission members hal1111ess 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
Agreement AFtiOO;.
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ARTICLE 7 UNION STEWARD
Section I: 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 Steward desigt:ee
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 snpervisor's approval shall not be nnreasonably 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 (l)
alternate Steward within the Bargaining Unit, as herein defined. It is agreed te and understood by the
Union that the Union Steward, or his/ her alternate, (hereinafter collectively referred to as "the Union
Steward") shall process grievances and conduct his/her other Union duties in such a manner that does not
disrupt normal City activities, work production and services.
Section 2: Every effOlf 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 that 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.
Section 3: In no event shall the department layoff, discharge, or discriminate against a Union
Steward for action taken in the performance of his/her duty as a Steward.
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ARTICLE 8 MAINTENANCE OF DISCIPLINE
Section I: The patties understand and agree that the maintenance of discipline is necessary
to insure the efficient and safe operation of the City. Therefore, the City reserves the right to impose
disciplinaty actions (penalties) for work deficiencies atld/or the failure to meet established standards of
conduct. DisciplinalY actions shall be taken in the most timely, judicious and consistent manner possible,
The City will utilize the progressive discipline policy as set fOlth in the Personnel Manual. The following
forms of disciplinaty action may be used by the City: counseling, written reprimand, suspension,
demotion in rank and/or pay, and dismissal. The severity of the appropriate disciplinary action will be
determined based upon several factors, including but not limited to the severity of the conduct;
disciplinary action taken with respect to similar conduct by other similarly situated employees: the
employee's previous disciplinatY record: and other aggravating or mitigating factors presented.
Section 2: Whenever it is alleged that atl 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 as soon as practicable or upon the conclusion of the investigation if one is being condncted.
by his/aer sHpel''!isor of said violffiieft. Every effort shall be made to have an informal discussion with the
employee prior to the issuance of any disciplinary action.
Section 3: There shall be no Performance RepOlt, Evaluation Statement, or Reprimand placed in
an employee's personnel folder unless the employee has been given a copy at-ilie prior to or at the same
time that it is placed in the file.
Section 4: All matters concerning discharge and discipline are to be resolved only in accordance
with the procedures set forth below. It is specifically agreed atld understood that probationary employees
shall have no right to challenge disciplinat)' action.
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Section 5: An employee may choose to appeal a !he disciplinalY action which has no loss of time
to the City Manager. An appeal to the Cily Manager must be done in writing within two (2) calendar
weeks from the time the disciplinary notice is issued to the employee. The appeal must present the facts
dealing with the specific circumstance and explain why the City Manager should reconsider the
discipline. The Cily Manager's decision is final and the employee does not have the right to appeal or
grieve once this appeal process is selected. Alternatively the employee may choose to appeal· a
disciplinmy action through the grievance process as specified in Altic1e (9) of this Agreement. The
employee can only select one of the two procedures specified in this section. as provided in Seetion Five
(5) only one (J) proeedure is applieable
Sootioo 5: If the grievanee proeedure is ebosea, the grievaace steps eontained in Article (9) shall
be utilized first. The employee organization may the,: appeal any decision of the City Manager by
Stibmitting a written request cO areitrate within five (5) working days after receipt of the City Maaager's
written deeision.
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ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE
Section 1: In a mutual effOlt 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 patties and that such procedure shall cover grievances involving the application or
interpretation of this Agreement.
Section 2: EvelY effOlt will be made by the parties to settle any grievance as expeditiously as
possible. Should the grieving palty fail to observe the time limits as set out in the steps of this Alticle,
hislher 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 steps fll8ilflel·:
1. The employee shall first take up hislher grievance with his immediate supervisor (i.e.,
snpervisor 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's union representative
Employee Organi;cation or any other representative ofthe employee;
~. Any grievance, which cannot be satisfactorily settled with the immediate supervisor, shall
be reduced to writing by the employee atld 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 from the
supervisor's decision being made under step 1 of this section of the deaeliae eate for the eompletion of
Step (1 ). The Department Head shall, within ten (10) business days after presentation of the grievance (or
such longer period oftime as is mutually agreed upon), render his decision on the grievance in writing;
1. 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,
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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 employee's union representative ~ Employee
organil3ation to request that the DepaItment 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's union organization or
representative Employee OrgllRization.
1: 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 eEmployee's(s) union QOrganization
and the City, such grievance shall be presented in writing directly to the Depattment Head within ten (10)
business days of the OCCUlTence of the event (s) which gave rise to the grievance. The grievance shall
specify the name(s) of the employees desiring to grieve. The class action grievance must be signed by the
aggrieved employees or the President or representative of the ~mployee union oOrganization.
Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step (2) and
Step (3).
5: Grie,'anees or eomplaints ievolving diseharge, suspension, demotion or other
diseipliaary aetiea invoked by the City, shall be appealable only through the proeedures set forth in the
MainterJ8f10e of Diseipline AJ1ieJe,
;;. ~ 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,
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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 pBflel of five (5) names from which each party shall
have the option of striking two (2) names in alternating fashion, thns leaving the fifth (5th) named
arbitrator who shall hear the arbitration in accordance with the AAA rules of procedure. whieh will give
a neHtrel Of impartial arbitrator.
1: The Cit'j and the employee (Of the Employee orgBflization) shall m1±tHally agree in
writing as to the statement of the grievanee to ee arbitrated prior to the arbitration hear-iug, Bfld the
arbitrator, :hereafter, shalleol1fine his deeision to the partieHlar grieval1ee thus speeified_ In the event the
patiies fail to agree on ,he statement of the grievanee to be sulnnitte4---toe--the arbitratef;--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 supersede supereede applicable laws in
existence at the time of signing of this Agreement, except to the extent as specifically provided herein.
ji: Consistent with the provision of the Florida Public Employees Relations Act, Chapter
447, et seg., 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, or jurisdiction to construe any
provisions of law, statute, ordinance, resolution, rule or regulation, or provision of this collective
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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, ill 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.
2: Each party shall bear the expense of its own witness (es) and of its own representatives
for the purpose of the arbitration hearing. The impattial arbitrator's fee and related expenses and expenses
of obtaining a hearing room, if any, shall be equally divided between the parties. Any palty desiring a
transcript of the hearing shall bear the cost of such transcript unless both palties mutually agree to share
said cost.
10: The palties shall make their choice of the impartial arbitrator within ten (l0) 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 pmties within thilty (30) days of the close of the arbitration hearing. The arbitrator's award shall be
final and binding on the parties.
11: No probationaty employee shall be entitled to utilize the grievance/arbitration
procedure herein on any matter involving discharge, suspension, demotion or other disciplinmy action.
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ARTICLE 10 SICK LEAVE
Section 1: The City agrees to institute a use of sick leave reduction reimbursement plan for
employees hired before October I, 1995, with an existing cap of 600 hours for the term of this
Agreement, which would provide reimburse employees with a reward 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%
Section 2: Sick leave is a benefit 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: CUITent employees will be eligible to receive the siek leave payout, \Vita the Oldsting
cap of 600 ho,,£s, for the term o[this Agreement. Employees who are hired on or after October 1, 1995,
will not be eligible to reeeP-'e an)' sick lelPfe pa;,'Olit.
Section 34: Effective October 1, 1995, employees will be allowed to accrue sick leave in excess.
of the 600 hours cap, Ne~'ertfieless, the sid, !elPfe payout will be governed by Seotioll (3) of this Artie-!&.
Section 4~: All eurren! employees, as of ~tober 1, 1995, will retain curreut payout
provisio» lirO» termi»atioll of employment and will have a 110 cap of 600 hOlir5 on sick aOCflla!. All
employees hired after October 1, 1995, shall receivc fiO sick leave ra;,'out lip on termti'lfttion, but wil! have
a "1'10 eap" mrudn:H:lffl
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~k leave aeenla!. 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 of288 hours to vacation leave. An employee
who uses in excess of32 hours of sick leave during a one-year period will not be eligible for this benefit.
Section 56: Effective October 1,2001, employees covered under this Agreement, which
were hired on or after October 1, 1995, shall be eligible to receive one (1) fffi additional day off for not
using sick leave during that calendar year. All other employees eovered ullder this Agreemellt shadillot
be eligible for the additiollal one (1) day off for not using sick lefrVe durillg the ealelldar year.
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ARTICLE II ANNUAL LEAVE
Section 1: Employees shall earn and receive annual leave at their respective classified rate of pay
in accordance with the following schedule:
Years of Unintenupted Service Amount of Vacation Leave
One to five years inclusive 12 working days
Six to fomteen 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
(I) continnous 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 eamed vacation time each year,
on or before his next anniversalY 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 unintenupted
service shall accumulate one additional day of annual leave per year of service.
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ARTICLE 12 FUNERAL LEAVE
I. 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 immediate 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, step children. grandchildren, step grandchildren, brothers, step brothers, sisters, step 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 a death celtificate or public obituary must be
provided to the Cily Manager or their designee before coillpensation 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:
Januaty 1 New Year's Day
3rd Monday in Januaty Mat"tin Luther King Day
3'd Monday in Februaty 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
112 December 24 Christmas Eve
December 25 Christmas
Bitihday After one year of service
:f Floating holidaYll After one year of service
When a holiday falls on a regnlarly 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/her bit"thday 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.
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Each employee shall be entitled to a two day~ off, with pay, as a floating hoIiday~ 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.
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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 provide levels of dental coverage. also coRtinae the c~rrent levels of eoverage fOf
defttal.; as well as life and disability insurance. The employee agrees to pay for 100 % of dependent
coverage for health and dental insurance. The City has the right to change the plan designs as a
management right
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ARTICLE 15 HEALTH AND SAFETY
Section I: The patiies 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 that all employees observe
the safety rules and procedures established by tbe City. on the observation of safe HIles aHd safe
proeedHres by employees. Failure of employees to comply may result in disciplinaty 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 or greater in the performance of their duties
shall be eligible to receive a safe driving celiificate and a $200 $-1-00 bonus in December if the employee
has not had a fellowing eriteria 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 is provided to the employee and after the employee has signed the repOli. Neither the City,
Union, nor any individual employee covered under this Agreement may refuse to report an injUly nor
dissuade an employee from reporting an injUly. Failure to promptly repoli a work related accident or
injUlY shall result in disciplinalY action.
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ARTICLE 16 UNIFORMS AND SAFETY EOUIPMENT
Section I: Safety Equipment. Employees of the Public Works Depaltment shall be issued two (2)
pairs of safety shoes per fflllftemployee 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. Ifan injury occurs because an employee
did not use safety equipment properly, the employee may be disciplined.
Section 2: Uniforms: Each employee shall receive four (4) pair of pants and ten (10) work shilts,
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 to each employee covered by this Agreements a jacket of
sufficient quality eOffl]'1arable to that used by the Poliee Department to meet the safety and/or uniform
needs of the Depmiment. Furthermore, safety shoes will be replaced as necessary to maintain safety
standards of the Depmiment.
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ARTICLE 17 WAGES
Section 1. Employees covered by this agreement shall receive no across-the-board increase for the
duration of this Agreement fiseel year 2009 21H 0. 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.
Section 2. Employees covered by this agreement shall receive no merit increases for the duration of
this Agreement. dUrillg fiseei year 2009 20+0. This pro'(isioll shall automatically termiaate Oll September
30, 2010 alld rever'! beel, to tfle current merit review system Hnless otherwise negetiated by tfle perties 01'
modified by tfle statutory impasse proeedHl'es eontained ill Chapter 447, Florida StatHtes.
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ARTICLE 18 LONGEVITY BONUS
Employees covered by this Agreement with 10 years of continuous satisfactory full time service
shall receive a longevity bonus of3% ofthe employee's base salary on theil' anniversary date (Longevity
I). Aftel' 15 years of continuous satisfactory full time service an additional 3% longevity bonus will be
compounded (Longevity 2). After 20 years of continuous satisfactory full time service an additional 3%
longevity bonus 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 Agreement ooit shall receive
an additional longevity bpnusstep, which is 3% of their salmy compounded (Longevity 4).
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ARTICLE 19 PERFORMANCE EVALUATION
During the term of this Agreement, all employees shaH be evaluated on their anniversary date
(or as close thereto as possible.) It is Hfldersteod Elfld agreee! that l'lEHlffiployee covered hereHflder saall
receive a merit wage adjHstmeflt, which wOHle! bril'lg him aboye the top of tae salary rElflge in hisiller job
classification. AH newly hired employees will have a one year probationary period. Should an employee
covered hereunder reach the top of the salmy range in his job classification, he shall be "red-lined" and
shall not be eligible for mlY increases merit ir:crease. All employees wao are eligible :0 reeeive a merit
il'lerease (i.e., who are not at the top step oftherr elassifieation) and who receive a satisfactory (or above)
evahlatiofl 01'1 taeir al'lniversar), date shaH reeeive a merit increase of five percel'll (ol'le step). Any
employee receiving an overall evaluation of improvement needed or unsatisfactory shall not, at that time,
receive a merit iflOi·ease. Said employee shaH be reevaluated within no more than ninety (90) days from
the first evaluation. If the employee is fmll'ld to be satisfactory at that time, the employee shall reseive the
merit-iflcrease as ofthe Elate ofthe second evaluatiofr. All flevAy hired emplo~'ees will be givefl al'l interim
evaluatiOfl after silt (6) montI*, The anniversalY date for future evaluations shall Continue being the
employee's anniversalY hired date. he chaflged to the date of the sesond 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 perfonnance and a third reevaluation shall be conducted
within no more than ninety (90) days from the issuance of the second evaluation. If the employee
remains unsatisfactory after the third evaluation, The City Manager may tenninate the employee
evalHation. In the event that an employee is dissatisfied with a below satisfactOlY evaluation, the
employee may, within five (5) working days of receiving his evaluation, file a written appeal to the City
Manager or hislher designee. The City Manager or hislher designee shall hold a meeting with the
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employee and a union representative if desired and shall thereafter issue his/her decision. The City
Manager's decision regarding the contents of the performance evaluation and the employee's employment
status shall be final and binding and shall not be subject to review, grievance, or any legal action within a
COUlt of competent authority. All newly hired employees will be given an interim evaluation after six (6)
months.
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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 depaliment head
wishes to make, to the City Manager.
Section 2: Within 30 days of receipt of the request for reclassification, the City Manager-'2I
his/her designee, 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 suppOli 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 or designee determines that an employee is misclassified, the
employee shall be placed in a current appropriate classification (as determined by the City Manager or
designee), unless the City Manager or designee 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. Failure of the City Commission to approve the
City Manager's recommendation shall not bind the City to any further action. 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 or designee's decision.
Section 4: The City Manager's or designee's decision regarding the classification determination
shall be final and is not grievable.
Section 5: Employees may not submit a request for reclassification more than once every twelve
(12) months.
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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 mimbers; 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 infonnation and internal communications and not for the primalY purpose of communicating
with the general public. The Puhlic Works Director must first approve anything that the Union wishes to
post on the bulletin board.
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ARTICLE 22 CALL BACK
Employees called back to work after one hour from their normal tour of duty shall be
guaranteed a minimum of three (3) hours pay, of which shall be considered hours worked for the
purpose of determining oveltime compensation, providing such work does not immediately precede or
immediately extend the employees regularly assigned work shift.
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ARTICLE 23 SEVERABILITY CLAUSE
Should any provision of this collective bargaining agreement, or any patt thereof be rendered or
declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a COUlt
of competent jurisdiction, all other Atiicles and Sections of this Agreement shall remain in full force and
effect for the duration of this Agreement.
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ARTICLE 24 PERSONNEL RULES AND REGULATIONS
The Pei·sonnel Rules and Regulations of the Ci1y of South Miami as published in the Ci1y's Handbook
dated and adopted by the Ci1y Commission Felon·NIH)' 5 17, 20089 are hereby incorporated into this
contract in its entire1y.
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ARTICLE 25 COMPLETE AGREEMENT AND WAIVER OF BARGAINING
Section I: It is agreed and understood that this Agreement constitutes the complete
understanding between the paliies, 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 pOltion of it is not approved by the City Commission of South Miami, or funds are not
available for its implementation.
Section 2: It is nnderstood and agreed that if any part of this Agreement is in conflict with
mandatory Federal or State Laws or mandatory provisions of the City Chmiel' or Ordinances, such pmis
shall be re-negotiated and the appropriate mandatOlY provisions shall prevail.
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ARTICLE 26 PROHIBITION AGAINST REOPENlNG OF NEGOTIATIONS
Except as specifically provided herein, neither party hereto shall be permitted to reopen or
renegotiate this Agreement or any pali of this Agreement unless the City declares a state of financial
urgency. This Agreement contains the entire agreement of the palties 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 paliies prior to the execution of this Agreement.
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ARTICLE 27 RULES AND REGULA TlONS
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
fonTIulated, 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
bal'gaining.
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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.
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ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE
If all employee abuses vehicles or equipment, the employee will be subject to discipline in
accordance with the Discipline policy.
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ARTICLE 30 OFF DUTY EMPLOYMENT
~mployees 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.
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ARTICLE 3 I DRUG AND ALCOHOL TESTING
Section 1: The City and the Union recognize that employee substance and alcohol abuse has an
adverse impact on City governinent, 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 perfonnance oftheirjob 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 influence of or using
alcohol, drugs or narcotics and/or when an employee is involved in an accident (Le., 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 Alticle 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.
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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 by the City Commission FebruaJ)' 05, 2008.
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ARTICLE 32 COURT TIME
Any employee who is subpoenaed to testifY at a court trial in a matter arising out of the
performance ofhis/her official job duties, or who is required to serve on a State of Florida or federal COUlt
jury, will be paid his/her straight time rate for each scheduled work day lost, minus any compensation
received from the COUli or witness fees. Employees released by the cOUli 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 oftime release to the Finance Depruiment.
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ARTICLE 33 LAYOFF AND RECALL
Section I: 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.
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.
SeetiO!l3: El1lf7leyees to be laia off shall be given at least faHrteen (14) ealen4lr days notiee-ef
the layoff, or shall be given wages in lielf of notiee, or a eombination 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
covered under this Agreement shall be laid off by job classification and, within each classification, by
City emj:1loyment bargailling Ifnit seniority. However, no regular full-time employee shall be separated
from hislher classification while there are emergency, provisional, probationary, palt-time, 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 may be
considered shall Rave the r~ to displace any employee with less City employment bargaining Ifnit
seniority in any lower rated classification covered by this Agreement, provided that said employee is
immediately qualified to perform the necessary services to be perfOlmed in that lower rated classification.
The City manager and/or the Human Resources Director Department Direetor shall determine lower rated
classifications and whether the affected employee is immediately qualified to perform tile necessary
services to be performed in that lower rated classification. Such determinations shall be made in the sole
discretion of the City Manager andlor the Human Resources 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.
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Section 6: Employees who have been laid off will have the recall rights to the position
they were laid off or into a lower rated classification covered by this Agreement, provided that the
employee is immediately qualified to perform the necessalY services under the employee classification or
in the lower rated classification. specified il'\ this sectfett for a period of time not to exceed twenty-four
(24) months twelve (12) montas, should the position become available. All employees who are recalled
shall be required to pass a physical examination and a drug test.
CA) Employees shaH be rccalled aeeordil'\g to City initial hiril'\g bargail'\il'\g 'mit
sel'\iori!:)' il'\to the elassificatiOfl from v/aieh the employee was laid off or iato 1'1 lower rated elassifieatioa
oovered by this Agreement, provided-that the employee is immediately qualified cO perform tae neoessary
servioes to be performed ia tae employee elassifieatiol'\ or ir~ the lower rated classifieatiol~.
Deterrainatiol'\s as to lower rated elassifieatioas and q"alifieations to perform neoessary services shall be
made in the same manller as set folth ill seotion 5 Caho,'e), All employees who are reoalled shall be
req!!ired to pass a physical el!amillation alld a drug test.
EB)-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, Employees entitled to recall shall be
notified of a vacancy by celiified mail not less than seven (7) calendar days prior to the date the employee
is to repod to work. A copy of the recall notice shall be sent to the Union, A recalled employee shall be
considered to have voluntarily resigned ifhe/she fails to accept employment within fOUlteen (14) calendar
days after the notification is mailed by the City or fails to repod to work as instructed, Thereafter, the
provisions of this Agreement notwithstanding, the City will owe no fUliher obligation to the employee,
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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.
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ARTICLE 34 REPRESENTATION DURING NEGOTIATIONS
Section I: The bargaining team for each party shall consist of not more than four (4) persons.
The Union will fumish 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.
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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 shalI 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.
Section 3: Disputes concerning the Agreement arising during the declared emergency shall not
be subject to the grievance and arbitration procedure except disputes concerning salmy and wages.
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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, 1m! flO! less than q,taf!effy.
The sole function of the Committee shall be to discuss general matters pertaining to employee
relations (e.g., safety issues). Thus, the palties agree that the purpose of the Committee shaH 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 not to exceed two (2) hours.
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ARTICLE 37 PENSION RETIREMENT BENEFITS
Section I. All new employees who are hired by the City of South Miami on or after October 1,
2011, will not be eligible to paliicipate in the City's General Employees Pension Plan. All new
IT!:!J2loyees hired on or after October 1, 201 I will join the ICMA-RC defined contribution (DC) 457 plan.
Section 2: City employees are NOT required to contribute to the DC 457, however the City will
match the employee's percentage of contribution up-to a maximum of seven percent of base salaIY in an
ICMA-RC 40la plan. Employees will be eligible to change their respective ICMA-RC DC 457
contribution percentage annually during the City'S open enrollment process.
Section 3: All employees hired on or before September 30, 201 I will have a one-time option to
either remain in the City's General Employees Pension Plan or elect to discontinue membership.
Section 4: For employees to choose to discontinue membership in the City's General Employees
Pension Plan, employees must provide in writing no later than November 30, 2011 to the City's Human
Resources DepaIiment, a letter stating their choice to discontinue membership in the City's General
Employees pension plan. The letter must state the respective percentage the employee is wishing to
contribute towards the rCMA-RC 457 which shall be effective until September 30, 2012. The effective
date of the change is on the first pay period in JanuaIY 2012.
Section 5: Should all employee choose to discontinue membership in the City's General Employees
Pension Plan, the employee will be provided the contribution which they respectively contributed through
their employment in the City's General Employees Pension Plan and may rollover such amount into the
newly established rCMA-RC 457 plan.
Seetion 1. The parties vAll fonu ajoint Pension Committee to steay the elment pension plafl for
bargainiflg Bnit enlployees afla to saggest amefldments, if.aft)" to the City Commission for eonsideration
regarding ehanges to said plan. The parties may appoiflt ep to three memoors eaeh to the Committee;
however, one oHhe City's members shall be the City Maflager afla one of the Uflion's members shall be
the Staff Representative from AFSCME Florida C01'lIleil-+9o-Ifthe parties afe not able to reach agreemeflt
on reeommefldations to the City Commissiofl, both siaes of the Committee lua)' issue separate
reeommefldatiofls. The reeolllmefldations are not binding Ofl the Cit)' Commissiofl. Each bargaifling Bflit
Committee member shall-be-paid his 01' her regular salar')' for attendanee at Committee meetings aBring
the bargaining Bflit member's regular work hours.
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Section 62: 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 %.
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).
f. Effective October 1, 2011, the benefit accrual rate (multiplier) shall be reduced from 2.75%
to 2.25%
Section 7: The following changes are applicable to all covered employees who elect to
continue in the General Employees' Pensions Plan:
a. The definition of Final Monthly Compensation (FMC) is changed for
future benefit accruals to the average of the final sixty (60) months of
basic compensation but not less than CUlTent Final Monthly
Compensation as of October 1, 20 I O. Basic compensation excludes
commissions, oveltime pay, bonuses and any other f011ns of additional
compensation outside of base wages.
b. The current accrued benefits of General Employees are frozen and
payable under the CUlTent terms of the Plan at the currently defined
normal retirement date -the later of attainment of age fifty-five (55)
and completion of ten (! 0) years of credited service. Existing
employees will continue to be eligible to retire at the age of 55 and
obtain their respective full pension benefits accumulated up-to the date
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of the newly aDllroved pension Ordinance revising the normal
retirement age as set fOl1h below. Future benefit accruals, including
increases due to increases in FMC, will be payable at the proposed llew
normal retirement date -the later of attainment of age sixty (60) and
completion often (] 0) years of credited service.
c. The supplemental benefit Cost of Living Adjustment (COLA) for
General Employees (eligible retirees and/or beneficiaries) is eliminated
for future benefit accruals, including increases in the CUlTent accrued
benefit due to increases in FMC. General employees will receive the
supplemental benefit on their CUlTent accrued benefit.
d. Sbould tbe total contribution be actuarially determined to exceed 14%,
both tbe City and the employees will share equally the excess amount
(e.g., should the total contribution be actuarially detennined to be 16%,
tbe City sballcontribute a total a 8.00% and the employee-shall
contribute a total of 8%. FOl' full text, please see Ordinance 16-08-
1951 titled Pension Plan.
AH bargaining unit employees who are employed in positions oovered by-#le unit on tbe date of this
agreement shaH receive the following pension plan impro"cments: Effectivc October I, 2009,
the employee eOl,tribution to the retireme"t plan shaH be reduced from 11.6% to 9.6%. This
provisioa shaH automaticaily tenniaate oa September 30, 2010 aad revert baok to tbe language
coatained in Paragraph 3(0) below,fcun'ent ooatraotlml language), unless otherwise negotiated
OJ' tke parties or modified bj' the statutory impasse prooedures ooataiaed ia Chfrllter 447,
Florida Statutes.
a. Upoa oornmenoement of the seoond year of the oolIective bargaining agreement and
thereafter, Should the total oontribution be aotuadan), determiaea to Ol[Ceea 14%, both tbe
C-ity-aad the emploj'ees will share eq<mny the e)[cess amount (e.g., should tbe total
oOlltribution be aetuariany aetermi!~-! 6%, the City skall eontribute a tota~
ana the employee shall contribute a total of 8%. For full tellt, please see Ordinanee 16 08
1951 aaopted May 20, 2008 titled Pension Plan.
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b. The peltSiBH-mmfij3J.ief.-sfiaIl be iHereased-lEhl.125 % effective October 1, 2000, fer all
bargaining uHff-members, as p!l'Ft--<7f pensiOfl plan improvemellts, from their pellsioll
participation date throllgh September 30, 1996 (historical datil}.
c. TfiB-pensioll multiplier shaHe illcreased to 2.250 % effective October 1, 2001, fer all
bargaining ,mit members as part of pensioll plan improvements, from their-part.Jeipi!tian
date through September 30, l~cal datal.
d. The pellsion multiplier shall be illcreased to 2.51l-4'" effeetive Ocrober 1, 2002, fe~' all
bargainillg unit members as part of the-pension plan improvements, from their participation
date through.septembcr 30,1998 (historioo!-dftta}.
Seetion 1: City and the Union Association agree to rcopen this Agreement no later taan tao
thirty (30) days after the Cit)· Commissioll provides directioll to the City's bargailling team
eonceming the City's Pension-Referm Committee's report, for the sole purpose of llegotiating
pBJtSion issues.
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ARTICLE 38 WORK IN HIGHER CLASSIFICATION
An employee who is authorized by the Depaltment Head to temporarily assume the duties of a
higher pay status classification for three (3) or more consecutive work days will receive a five percent
(5%) increase of the base for the actual time the-pay rate Dftne IDwest-step cftne higher elassificaticn or
a Ofle (I) step increa;;e (whichever is higner) f~utive 11€ltlfS worked in the higher classification
after the above-referenced three (3) consecutive work days.
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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,
20lG}.
Section 2: Either party may require, by written notice to the other, betweeil April 1st and not later
than June 1st discussions concerning modifications of this Agreement on non-finmlcial 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.
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[SIGNATURE PAGES TO FOLLOW]
REMAINDER OF PAGE LEFT INTENTlONALL Y BLANK
THIS AGREEMENT signed this _-'-___ day of _____ , 2011.
CITY OF SOUTH MIAMI
By: ______________________ ~
Hector Mirabile, Ph.D., City Manager
Approved as to form:
By: __________________ _
Thomas F. Pepe, Esq.
City Attorney
Date: ________ _
Date: ________ _
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-Ansaldi, AFSCME, Florida Council 79 Representative
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