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Res. No. 209-08-12806
RESOLUTION NO.:209-08-12806 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 MUNICD7AL EMPLOYEES (AFSCME), AFL-CIO;LOCAL 3294 AND THE CITY OF SOUTH MIAMI;PROVTOING FOR AN EFFECTIVE DATE. WHEREAS,the City Administration and AFSCME have successfully concluded negotiations onaoneyearcontract;and WHEREAS,AFSCMEmetwithallmembersandratifiedtheproposedcontract;and WHEREAS,the Mayor andCity Commission wishesto approve the Collective Bargaining Agreement forFiscalYear2008/09between AFSCME andtheCity of South Miami,and authorizes theCity Manager toexecutethe agreement. NOW,THEREFORE,BE IT RESOLVED,BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1:ThattheMayorandCityCommissionapprovetheCollectiveBargaining AgreementforFiscalYear2008/09betweenAFSCMEandtheCityofSouthMiami,and authorize the City Manager to execute the agreement. Section 2:If anysectionclause,sentence,orphrase of thisresolutionisforany reasonheldinvalidorunconstitutionalbyacourt of competent jurisdiction,theholdingshall notaffectthevalidity oftheremainingportions of thisresolution. Section 3:Theattachedexhibitisincorporatedbyreferenceintothisresolution. PASSED AND ADOPTED this 1 fitlday of nPr-Pmhpr ,2008. ATTEST: CLERK / READ AND APPROVED AS TO FORM APPROVED: OlJ-> MAYOR commissio: Mayor Feliu Yea Vice Mayor Beasley yea CommissionerPalmer yea Commissioner Beckman yea To: Via: From: Date: Subject: Request: Request: Reason/Need: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor &Members of the City Commission W.Ajibola Balogun,City Manager Jeanette Enrizo,Human Resources Man; South Miami fcx&xJl AD-AmericaCily W 2001 December 16,2008 <CLAgendaItemNo.: Contract between the City of South Miami and American Federation of State,County and Municipal Employees (AFSCME),AFL-CIO;Local 3294 Collective Bargaining Union. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVINGAND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR CONTRACT BETWEEN THE AMERICAN FEDERATION OFSTATE,COUNTYANDMUNICIPALEMPLOYEES(AFSCME),AFL-CIO;LOCAL 3294 AND THE CITY OF SOUTH MIAMI;PROVIDING FOR AN EFFECTIVE DATE. To approve contract between the City of South Miami and AFSCME Collective Bargaining Union. Attached isthe Collective Bargaining Agreement between AFSCME Collective Bargaining Union and the City of South Miami for Fiscal Year 2008/09.The content of the agreement is consistent with prior years,including a three percent (3%)Cost of Living Adjustment (COLA)increase for Fiscal Year 2008/09. This proposed agreement was ratified by the AFSCME members on December 12,2008.Attached isa copy ofthe letter from AFSCME confirming the ratification. Cost&Funding Source:N/A Backup Documentation: •Proposedresolution. •Letterfromattorneyconfirming ratification. •Collective Bargaining Agreement2008/09. Dec.12.20084:03PM JOHN G.MAKESCA-ANSALD1 /-\n^651-661^♦*A&™3)„^(305)031 <*>www.af5Cincn.org s no.nm r.i t'©vOS^y HilM BETWEEN CTTY OF SOUTH HAM AFSCME ANNUAL Al as m FISCAL TEAR ARTICLES ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 TABLE OF CONTENTS AGREEMENT RECOGNITION MANAGEMENT RIGHTS NON-DISCRIMINATION NO STRIKES OR LOCKOUTS DUES CHECK-OFF UNION STEWARD MAINTENANCE OF DISCIPLINE GRIEVANCE AND ARBITRATION PROCEDURE SICK LEAVE ANNUAL LEAVE FUNERAL LEAVE HOLIDAYS HEALTH INSURANCE HEALTH AND SAFETY UNIFORMSAND SAFETY EQUIPMENT WAGES LONGEVITY BONUS PERFORMANCE EVALUATION CLASSIFICATION APPEAL SERVICES TO THE UNION CALL BACK SEVERABILITY CLAUSE PERSONNEL AND REGULATIONS COMPLETE AGREEMENT AND WAIVER OF BARGAINING PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Page2 of 30 PAGE 4 4 4-6 6 6-7 7 7-8 8-9 9-12 12-13 13-14 14 15 15-16 16 16-17 17 17-18 18 19 20 20 20 21 21 21 ARTICLES ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE'33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 TABLE OF CONTENTS RULESANDREGULATIONS EMPLOYEE AND UNION COOPERATION VEHICLE AND EQUIPMENT ABUSE OFFDUTYEMPLOYMENT DRUG AND ALCOHOL TESTING COURT TIME LAYOFF AND RECALL REPRESENTATION DURING NEGOTIATIONS EMERGENCIES LABOR MANAGEMENT COMMITTEE PENSION BENEFITS WORK IN HIGHER CLASSIFICATION TERM OF AGREEMENT Page3 of 30 PAGE 22 22 22 23 23-24 24 24-26 26 26-27 27 27-29 29 29-30 ity 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 MAMAGFMENT 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 Page4 of 30 missions shall be exercised consistently with these terms.Any term and condAonof employment other than wages and benefits not specifically established or modified by th.s Agreement shall remain solely with the discretion of the employer to modify,estabhsh or eliminate,provided such are exercised consistently with the provisions of Prevailing Benefits,as provided in the current Personnel Rules and Regulations,adopted February 05,2008. Section 2:These rights and powers include,but are not limited to the authority to: a determine the missions and objectives of the City; b.determine the methods,means and number of personnel needed to carry out departmental responsibilities; c direct the work of the employees,determine the amount and type of work needed,and in accordance with such determination relieve from duty because of lack of funds or lack of work; d.discipline or discharge employees for cause; e.schedule operations and shifts; f.introduce new or improved methods,operations and facilities; g.hire,examine,classify,promote,train,transfer and assign employees; h.schedule and assign overtime work as required; i determine the utilization of technology; j'merge,consolidate,expand,or curtail or discontinue temporarily or permanently,in whole or in part,operations whenever in the sole discretion of the City,makes in good business judgment such curtailment or discontinuance advisable; k contract or subcontract any existing or future work; I the City will make every effort to notify the union of the contracting out or privatization of service involving classes within the bargaining unit within 60 days after the City decides to contract out or privatize services.The City shall furnish the union acopy of any Request for Proposal (RFP)to contract or privatize services; m.reduce,assign,or cease any existing job covered in the current PersonnelRulesandRegulations; Page 5of 30 ^M^CME n determine whether and to what extent the work required in its operation shall be performed by the employees covered by this Agreement. ARTICLE 4 NON-DISCRIMINATION Sedlon y u 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 acbon ,n 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 aT^Tthe right no.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 Un,on and the City shall not discriminate against any employee because of that emptoyees 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 MP STRIKES "R I OCKOUTS Section 1-There will be no strikes,work stoppages,picketing while working or while in Cfty unffln^lowdowns,boycotts,or concerted faHure,or refusal to perform assigned wo*by the employees covered under this Agreement for any reason whatsoever,and there w,l be no toll by the CK,for the duration of this Agreement.The Union supports the C«y fuily ,n maintaining efficient operations. Section 2:It is recognized by the parties that the City is responsible for and engaged in activitieTw^Ire me basis of the heatth and welfare of the dton.of the Cfty and that any violation o,this Article would give rise to irreparable damage to the City and *.pub c arg. Accordingly,it is understood and agreed that in the even,of any violation of th,s Article,the Crty shall be entitled to seek and obtain immediate injunctive relief. **&6of3f>^^IFSCME 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 shal.promptly and publicly order the employees to return to work and attempt to bring about a prompt resumption of normal operations. ARTICLE 6 ni IFS CHECK-OFF Section 1-Upon receipt of alawfully executed written authorization from an employee,the City agrees to deduct the regular Union dues of such employee from his regular pay and remrt 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 aresult of any action taken or not taken by the City under the provisions of this Article. ARTICLE 7 IINION 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, Page7of30 ^4f§CME^-Mcity with prior approval of his supervisor,process grievances.The superWs approve,shall no, not disrupt normal City activities,work production and services. Section 2-Every effort will be made,by both the C«y o,South Miami and theOJnion,toallowS^Steward to investigate grievances as rapidly as possible,preferably on .hemedLT.he grievance becomes known,and wrfhin a,leas,twen.y-.our ,24)hours.The r:.::::;a ending „*«.or „«-—--«**••%£££the ul Steward shall not be done without firs,receding prior approval from both employees supervisors.Approval shall not be unreasonably withheld. 'section 3-,n no event shall the department layoff,discharge,or discriminate against a St^rd^Taction taken in the performance of his/her duty as aSteward. ARTICLE 8 MAlNTFNANCF "P DISCIPLINE Section 1-Whenever.is alleged that an employee has violated any rule,regulation or,-r^he discovery of the violation,the employee shall be immediately notified byItsupU2:o,laid vlion.Every effort shall be made to have an informa,discussion with the employee prior to the issuance of any disciplinary action. Section 2-There shall be no Performance Report,Evaluation S,a,emen,,or Reprimandplaced^Tployee,personnel folder unfcss ,he employee has been given acopy a,,he same time it is placed in the file. Section 3:A„matters concerning discharge and discipfine are ,o be,resolvedI onlyMnaccordate^hlhe procedures se,forth below.I.is speciticaliy agreed and unders.ood tha, probationary employees shall have no right to challenge disciplina*action. Page 8of 30 ^i&fajcm Section 4:An employee may choose to appeal the discipline as provided in Section Five (5),only one (1)procedure is applicable Sections: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 awritten request to arbitrate within five (5)working days after receipt of the City Manager's written decision. ARTICLE 9 nRIFVANCE 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 aprocedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement. 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 (ie supervisor excluded from the Bargaining Unit)within ten (10)business days of the occurrence of the event (.)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, Page9 of 30 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 ,n W,*nS'3In the event the employee is not satisfied with the disposition of the grievance in Step (2)he s'hall 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 wntten grievance together with aletter signed by the employee.The employee may also opt to have the representative of the Employee organization to request that the Department Heads 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 h,s 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 asingle employee,or rthe 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 President or representative of the Employee Organization.Thereafter,the grievance shall beprocessedinaccordancewiththeproceduressetforthinStep(2)and Step (3).. 5-Grievances or complaints involving discharge,suspension,demotion or other disciplinary action invoked by .he C«y,shall be appealable only through the procedures set forth in the Maintenance of Discipline Article. 6-In the even,a grievance processed through the grievance procedure has not been resolved at Step (3),either party may request that the grievance be subm,tted to arbitration within fifteen (15)business days after the City Manager,or his designee,renders a written decision on ,he grievance.The arbitrator shall be any impartial person mutually agreed upon by and between the parties.However,in ,he event the parties are unable to agree upon said impartial arbitrator,the parties shall jointly request the American Arbitration Association to furnish apanel of five (5)names from which each party shall have the option of striking two (2 names in alternating fashion,thus leaving the Mh (5ft)which will give aneutral or impartial arbitrator.• pagei0of3°;2^Wme "7i#city 7-The City and the employee (or the Employee organization)shall mutually agree in writing as to'the statement of the grievance to be aerated prior to the arbitration hearing, and ti,e arbi.ra.or,thereafter,shall confine his decision to the particular grievance thus specified.,n the even,,he parties fail to agree on the statement of the grievance to be submitted to ,he arbitrator,the arbitrator will confine his consideration and determmation ,o <he written stetemen,o,,he grievance presented in Step (2)o,,he grievance procedure.The arbitrator shall have no auttority to change,amend,add to,subtract from,or othen.se alter o supplement mis Agreement or any part thereof or amendment thereto.The arbiter s a have no autt.ori.y to consider or rule upon any matter which is stated in this Agreemen noUo be subject to arbitration or which is no.agrievance as defined in this Agreement;nor shall th» collective bargaining agreemen.be construed by the arbttrator to supercede applicable laws ,n existence a,the time of signing of .his Agreemen.,except to .he extent as specrfically orovrded 8-Consistent with the provision of the Florida Public Employees Relations AC Chapter Mt'&jaa.i.is mu.ual,y acknowledged and agreed .ha..his collective bargaining agreement shall be administered wrthin ,he amounts appropriated by the Cty Comm,ss,on,for funding of ,he coUective bargaining agreement.Accordingly,and no,wi.hstand.ng any Cher provisions ofthis collective bargaining agreement,the arbitrator shal,have no authonry,power, or jurisdiction to construe an,provisions of law,statute,ordinance,resolution,n*or regulation,or provision of this collective bargaining agreement to result in.obligate,or cause the City to have to bear any expense,debt,cos.or liability except tor the expanse o,arbrtration, by both parties,and the economic benefits provided by mis Agreement,which result drectiy or indirectly,in the City exceeding the amounts appropriated and approved by the Crty Commission for the funding of this collective bargaining agreement as agreed upon b he parties.Any such award which contravenes or is not in compliance with the Prov,s,ons o,th,s paragraph shall be null and void.„„,„„„„,„»Each party shall bear the expense of its own witness (es)and o,,ts own representative;for the purpose of the arbKration hearing.The impartial arbttrato.s fee and reLed expenses and expenses of obtaining ahearing room,if any,shall be equally dMded be«ween the parties.Any party desiring atranscript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost Page 11 of 30 10-The parties shall make their choice of the impartial arbitrator within ten (10) business dayslfter the receipt of the pane,from the American Arbitration Association.Copies!e arbitl.s award made in accordance with the jurisdiction and aChonty un er h,sIcemen,shall be furnished to bo,h parties within thirty (30,days o,the Cose of the arb,tra„on hearing The arbitrators award shall be final and binding on the parties. 11-No probationary employee shall be entitled to utilize the gnevance/arb,tration procedure herein on any matter invdving discharge,suspension,demotion or Cher disciplinary action. ARTICLE 10 SICK LEAVE Section ,:The Ctty agrees .o institute asick leave reimbursement plan^which would reimbu~r^p7oyees tor unused sick leave when they retire or resign,in accordance w,.h .he following schedule:Date of hire to five (5)years of service "^ Five (5)years to ten (10)years of service ° Ten (10)years to fifteen (15)years of service ° Fifteen (15)to twenty (20)years of service •° 100/)Over twenty (20)years of service Section 2:Sick leave is aprotection to be used by employees when needed for illness. Sick lea^o",abenefit to be used a..he employee's discretion as .hough it were annua ,eave;rather,sick leave is apri*ge,which shall be allowed only in acase of rllness.The employee must specifically request sick leave-use. Section 3:Current employees will be eligible to receive the slck leave payout,with the existingla^oOO hours,tor me term of .his Agreement.Employees who are hired on or after October 1,1995,will not be eligible to receive any sick leave payout. Page 12 of 30 Section 4-Effective October 1.1995,employees will be allowed to accrue sick leave in excess^eloo hours cap.Nevertheless,the sick leave payout will be governed by Section (3)ofthis Article. Section 5:All current employees,as o,October 1,1995,will retain current payout pro^ioTu^ermination of employment and wil,have no cap on sick accnial.Al,I employees hired after October 1,1995,sha„receive no sick leave payout upon termination,but w,ll have a •no-cap"maximum on sick leave accrual.A„employees who have attained a s,ck leave balance o,aminimum of 36 days (288 hours)shall be eligible on their firs,anniversary datefollowing,ha,accumu,a,ion ,o convert up to 32 hours o,,heir annua,unused sheave-bafcnce in excess of 288 hours ,o vacation leave.An employee who uses in excess of 32 hours of leave during aone-year period will no,be eligible for this benefit. Seclion6.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 ANNUAL LEAVE Section 1:Employees shall earn and receive annual leave at their respective classified rate of pay in accordance with the following schedule: Y^^TMnint.m,nted Service Amount of Vacation Leave One to five years inclusive 12 working days 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 totwelve (12)working days. Page13 of 30 Section 3:It shall be mandatory for each employee to use all earned vacation time each yea^TTr before his next anniversary date.Everything over that will be cancelled. Under exceptional circumstances and upon written request within the year in wt,ich the vacation is due,and with the approval of the City manager,vacation time may be extended for one yearonly. 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 ,n 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 c«y 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 annua,leave per year of serv.ce. ARTICLE 12 Fl INFRAL LEAVE 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 adeath 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-,n- 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. Page14 of 30 ARTICLE 13 HOLIDAYS Paid Holidays are: January 1 New Year's Day 3rd Monday in January Martin Luther King Day 3rd Monday in February Presidents Day Last Monday in May Memorial DayJuly4Independence 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 vear of semceFloatingholidayAfteroneyear,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 aholiday falls on aSunday,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 areasonable 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 aday off,with pay,as afloating 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 HFAI TH INSURANCE The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the two plans.The City will also continue the current levels of coverage for dental life and Page 15 of 30 ^^qjCMB City disability insurance.The employee agrees to pay for 100 %of dependent coverage for health and dental insurance. ARTICLE 15 ufai TH 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 condttions.The City andthe Union insist on the observation of safe rules and safe procedures by employees.Failure of employees to comp y may resul,in disciplinary action.„an employee believes he is being required to work under We threatening unsafe conditions or in asituation where aserious safety violation exists,he shall immediately notify his supervisor who will investigate ,he condition and take appropriate action, if necessary. Sectton 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 bonus in December t the following criteria is met Must have no preventable accidents/violations or chargeable acoden s witt*.ha.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 acopy of the on the Job Injury Report after me report has been read to the employee and after the employee has signed the report.Ne,ther the City,Union nor any individual employee refuse to report an injury nor dissuade an employee from reporting an injury. ARTICLE 16 IINIFORMS AND SAFFTY EQUIPMENT Section 1:Safety Equipment.Employees of the Public Works Department shall be issued two (2)pairs of safety shoes per man for use at work each year.In addition to safety Pagel6of30 ^^Wme shoes me following safety equipment shall also be used by unit employees:«*»*»*fggLsafefyvests,life vests (boat),hard hats,safety harnesses,and safety belts (veh.c^Employees who sign for and receive safety equipment shall use i,in asafe manner,as d^I the Public Wortcs Director.Employees are responsible for using safety equipment property.£X,occurs because an employee did nC use safety equipment property,the employee maybe disciplined. Section 2:Uniforms:Each employee shall receive tour (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 excellences,the Public Works Director wil,determine if the employee requires an additional pair during the year. Section 4:The City shall issue ajacket of quality comparable to that used by the Police Departr^oTach employee covered by this Agreement.Furthermore,safety shoes will be replaced as necessary to maintain safety standards of the Department. ARTICLE 17 WAGES A„bargaining unit employees who are employed in pos«,ons covered by the unit on the daterZeemen,is ratified by the City Commission shall receive 30%Cos,n,Iiv,nq Increase to. Living IncronbC will bo 1 00 (%)percent- ARTICLE 18 i nMftFVITY BONUS Employees covered by mis Agreemen.with 10 years of continuous satisfactory full time service shall receive aiongevify bonus o,3%o,,he employee's base salan,on ,he,r anniversary date (Longevity 1).After 15 years of continuous satisfactory ful,time service an JFSCME [ykCity 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). 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 amerit increase.All employees who are eligible to receive amerit 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 awritten 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. Page18 of 30 ARTICLE 20 CI ASSIFICATION APPEAL Section 1:Whenever an employee has reason to believe that he/she is misclassified, he/she may apply for areview of his/her classification by submitting such arequest 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. 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 shallrenderhisdecisionin 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 appropnate 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 dateofthe 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 everytwelve (12)months. Page 19 of 30 ARTICLE 21 RFR\/ir.FR 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 X14 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. ARTICLE 22 CALL BACK Employees called back to work shall be guaranteed aminimum 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 RFX/FRARII ITY 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 acourt of competent jurisdiction,all other Articles and Sections of this Agreement shall remain in full force and effect for the duration ofthis Agreement. Page20 of 30 J ARTICLE 24 PFRKONNEL Rl II FS AND RFPil"ATIONS The Personnel Rules and Regulations of the City of South Miami as published in the City's Handbook dated and adopted February 5,2008 are hereby incorporated into this contraC ,n rts entirety. ARTICLE 25 r.OMPI FTE AGRPFMFNT AND maix/fp OF RARGAINING 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 Cty Charter or Ordinances,such parts shall be re-negotiated and the appropriate mandatory provis.ons 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 contams 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. Page21of30 ARTICLE 27 pi ii eg AKin RFfiULATIONS Sectlon ,.tt 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 acopy 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 awritten 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. ARTICLE 28 FMPLOYEF 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 sen/e thebest interests ofthe City and its residents. ARTICLE 29 VFHICLEAND FO»UPMENT ABUSE If an employee abuses vehicles or equipment,the employee will be subject to discipline in accordance with the Discipline policy. Page 22 of 30 ^j ARTICLE 30 off ni ITY FMPLOYMENT 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 nPi in AMn Al mHOL 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 ,n 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 areasonable 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 (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. PaSe23of30 ^UBOffl City 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 acourt trial in amatter arising out of the performance of his/her official job duties,or who is required to serve on aState 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 l AYOFF 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. 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. Page 24 of 30 ,22^ 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 acombination 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 alayoff 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 alower 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 alower 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 aphysical examination and adrug test. Page25 of 30 (B)Employees on layoff shall be responsible to keep on file with the City Managers office the employee's current address.If an employee on layoff fails to keep hismer current address on tile as provided herein,the employee shall forfeit al,recall nghts. Employees entitled to recall shall be notified of avacancy by certified mail not less than seven (7)calendar days prior to the date the employee is to report to work.Acopy of the reca notice shall be sen,.0 .he Union.Arecalled employee shall be considered .o have voluntary 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 hismer accumulated seniority until recall.If recalled,the employee again begins to accrue seniority. ARTICLE 34 RFPRESENTATION DURING NFGOTIATIONS Section 1:The bargaining team for each party shall consist of not more than four (4) persons.The Union will furnish the City with awritten 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 FMERGENCIES 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 shah 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 hasended. 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-MANAGEMENTCOMMITTEE 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 PFNSION 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 Page 27 of 30 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: 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%. c.Effective October 1,1997,the benefit accrual rate (multiplier)shall be increased from 2.0 to 2.25%. d.Effective October 1,1998,the benefit accrual rate (multiplier)shall be increased from 2.25 to 2.5%. e.Effective October 1,1999,the benefit accrual rate (multiplier)shall be increased from 2.5 to 2.75%. 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: a.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. b.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. c.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. Page28 of 30 d.Upon commencement of the second year of the collective bargaining agreement and thereafter,should the total contribution be actuarially determined to exceed 14 %,both the City and the employees will share equally the excess amount (e.g., should the total contribution be actuarially determined to be 16%,the City shall contribute a total of 8.00 %and the employee-shall contribute atotal of 8.00 %.For full text,please see Ordinance 16-08-1951 adopted May 20,2008 titled Pension Plan. ARTICLE 38 WORK INHIGHER 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 aone (1)step increase (whichever is higher)for all consecutive hours worked in the higher classification after the above-referenced three (3)consecutiveworkdays. ARTICLE 39 TERMOF 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 30,2009. Section 2:Either party may require,by written notice to the other,between April 1st 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 29 of 30 '2)^£ P THIS AGREEMENT signed this. A/\y day of ford*^,2008. CITY OF SOUTH MIAMI By:.iLrh^a{o ^ Date:Off Cb M Ajibola W.Balogun,City Manager Approvedasto form: By:^f James Crosland, Bryant Miller Olive,P.A. LaborCounseltotheCityofSouth Miami Date: /.=*•,0? American Federation of State,County and Municipal Employees. AMERICAN FEDERATION OFSTATE, COUNTYAND MUNICIPAL EMPLOYEES LOCAL 3294 Date:/-7-0? Date://?P/P jQWMar^sca,AE.S.CME Representative Page30 of 30