Memo 011-2013 Formal Disciplinary Actions MIAMI BEACH R E(1F1\,`E0
OFFICE OF THE CITY MANAGER. 2013 APR 16 AN 10: 02
Memo #011 -2013
CITY CLF.r, *E'S OFFICE
TO: Mayor Matti Herrera Bower
FROM: Jimmy L. Morales, City Manager
DATE: April 15, 2013
SUBJECT: Formal Disciplinary Action and the Grievance /Arbitration Processes -
Overview and Experience
The purpose of this memorandum is to respond to your request to provide you with an overview
of the City of Miami Beach's experience with the. grievance /arbitration processes related to
formal disciplinary actions (defined as suspensions, demotions and terminations) covering the
period from'FY 2005/06 through January 23, 2013.
Background
As part of the collective bargaining agreements with the American Federation of State, County
and Municipal Employees (AFSCME), the Communications Workers of America (CWA), the
Government Supervisors Association of Florida (GSAF), the Fraternal Order of Police (FOP),
and the International Association of Fire Fighters (IAFF), bargaining unit employees may grieve
most disciplinary actions they are issued. Each collective bargaining agreement calls for a
three -step grievance process. As required by Florida Statutes (447.401), each of the agreed
upon grievance procedures has as its terminal step, a final and binding disposition by an
impartial, mutually selected arbitrator.
Each step of the grievance process is intended to provide the employee with an opportunity to
have his /her concerns heard; and if possible, resolved internally. The third step provides for a
hearing before the City Manager's designee for Labor Relations and if his /her response is not
acceptable to the grievant and /or collective bargaining representative, the issue may go before
an arbitrator. Pursuant to the current collective bargaining agreements with each of the City's
five unions, arbitrators are selected through a striking process whereby the City and union
select from a list of five or seven names provided by the Federal Mediation and Conciliation
Service (FMCS).
As an alternative, four of the five collective bargaining agreements also contain provisions for
appeals to a Hearing Examiner. The Hearing Examiner, however, is limited by each contract to
issue findings only as to the validity of the charges against the employee. Although the City of
Miami Beach has agreed to pay for all fees incurred relating to disciplinary action appeals made
to a Hearing Examiner, employees seldom, if ever, elect this process.
Findings
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From FY 2005/06 through FY 2013 (as of January 23, 2013), the City issued 172 suspensions,
seven demotions and 47 terminations for a total of 226 formal disciplinary actions.'
' For the purposes of this report, only disciplinary charges against classified employees were, considered.
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Formal Disciplinary Actions and the Grievance /Arbitration Processes i
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Fifty -three percent of the 47 terminations were not grieved by the employee. In the disciplinary
cases involving termination and appealed by the employee, the City prevailed in each of the 20
third step grievance hearings. As of_ this writing, two termination grievance hearings are
pending.
Ten terminated employees elected to proceed to arbitration, and in those instances, the City
prevailed in 40% of the cases and the employee prevailed in 30% of the cases. A ruling is
pending in three cases.
Of the 172 suspensions none proceeded to arbitration and 150 or 87% were not appealed.
Twenty -two grievances were filed with the following results at the third step: the City prevailed in
14 cases (64 %); the employees in three (14 %) and five (22 %) grievances were settled.
The City demoted seven employees and of those, two elected not to appeal. Of the five who
did, two employees prevailed in arbitration and another at the third step grievance; two cases
were settled prior to arbitration.
Apart from the arbitration process, two disciplinary actions were settled through the Equal
Employee Opportunity Commission (EEOC) and four employees resigned in lieu of termination.
If you have any questions or would like additional information, please do not hesitate to contact
me.
c: Jonah Wolfson, Vice Mayor
Jorge Exposito, Commissioner
Michael Gongora, Commissioner
Jerry Libbin, Commissioner
Edward L. Tobin, Commissioner
Deede Weithorn, Commissioner
Jose Smith., City Attorney
Kathie G. Brooks, Assistant City Manager
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