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Memorandum Of AgreementMEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this 3rd day of JANUARY 1 97 3, between the CITY OF M (AMI BEACH, FLORIDA (hereinafter referred to as the "Ci~y") and the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1510, (hereinafter referred to as the "Union"). W I T N E S S E T H: WHEREAS, the Union and the Miami Beach Police ann ~ F- rnen's Benevolent Association, ( hereinafter referred to :~5 r r~P "Association") claim to represent a majority of the employPF~ the appropriate unit set forth in Paragraph 1 of this agreement. .~r WHEREAS, the City Council of the City has previously recognized the Union as the collective bargaining agent for said employees, and now agrees to recognize either the Un;on or tnE~ Association as the collective bargaining agent for said emplovees r a majority of said employees, voting in a secret ballot eiecc~or, conducted pursuant to this agreement, chooses either the un.,~n or the Association as their bargaining agent; . NOW, THEREFORE, it is agreed as follows: ~~~K~ ~./~ 9~? Z •. 1. APPROPRIATE BARGAINING UNIT: The appropriate un i t for co 1 1 ec t i ve bargain°i ng sha'1 1° be emp 1 ogees i n the fo 1 1 ow i ng classifications in the Fire Department: Fireman I Fireman I I F ire L i eutenant • Fire Captain (except as excluded below) All other employees in other classifications, including ,Deputy Chief, Fire Chief, any other Chief classification established by the City, and Fire Captains in charge of Fire Rescue, Fire Training and Fire Prevention, are specifically excluded. 2. ELIGIBILfTY TO VOTE: All appropriate bargaining unit set forth of date of the election shall be elig election. All employees on authorized at their assigned stations during any to vote. employees included in the i n Paragraph 1 emp 1 oyed a s ible to vote in said 1'eave may present themselves election and shall be eligible 3. FORM OF BALLOT: The City shall prepare the ballots, a sample of which is attached hereto and made a part hereof. The ballot shall include the following statement:, "Do you wish to be represented for purposes of collective bargaining by Local 1510, International Association of Fire Fighters, or the Miami Beach Police and Firemen's Benevolent Association, or neither?" -2- 4. SUPERVISION OF ELECTION: The election provided for herein shall be conducted by the American Arbitration Association, which shall have charge of and make provisions for said election, not inconsistent with the provisions set forth herein, canvass the vote, and certify the result thereof. 5. TIME AND PLACE OF ELECTION: The election shall be held at the following locations on the following dates and at the following times: A. LOCAT I OPJS: Fire Station No. 1 410 12 Street Fire Station No. 2 2300 Pinetree Drive Fire Station No. 3 6880 Indian Creek Drive B. DATES: An election shall be conducted at each of the above locations on each of the following three dates: _,l~/1r 1 g 7~ ; ~ A.-,/ y l g 7~ a nd J a-~J , 0 19~ C. TIMES: 1) Each~lection at Fire Station No. 1 shad 1 be conducted between _~ /3 M and ~_ 3 yM; each election at Fire Station No. 2 shall be conducted between ~D: [~M and I ~ •, .4d M; and each election at Fire Station No. 3 shall b conducted between 1~ 00 ~M and ~d-3o ~ M. -3- - _------•iw vv1LR~~n3: _rne pity, the Union, and the Association may designate one observer for each polling place, These observers, acting under the supervision of the American - 4- Arbitration Association, will (a) act as checkers at the polling places and at the counting of ballots; (b) assist in the identificatio of voters; (c ) cha 1 1 enge votes and ba 1 lots and (d) otherwise assist.in the conduct of the election as instructed by .the American Arbitration Association. Observers shall wear badges provided . . by the American Arbitration Association identifying the organization which they represent. 8. ELECTIONEERING: PJo electioneering shall be permitted in or near the polling places. Election propaganda shall be removed from polling places prior to the casting of ballots. Each party shall have the right to present its views and opinions to the voters, provided, however, that neither party shall take any action that would constitute grounds for setting the election aside if conducted by the National Labor Relations Board. No official bulletin boards shall be used for election propaganda. g. COUNTING OF BALLOTS AND CERTIFICATION: City, Union, and Association officials shall be permitted to attend and witness the counting of ballots. The ballots, however, shall only be handled by the officially designated observers of, each party and the appropriate officials of the American Arbitration Association. If the Union or the Association receives a majority of the valid ballots cast, the American Arbiti-ation Association shall certify the winner as the exclusive bargaining agent for the employees -5- ~ ~ 4 in the appropriate ..unit for bargaining set forth in Paragraph 1, If the Union is certified, the City shall present and recommend the currently negotiated collective bargaining agreement to the City Council at their first meeting after certification. In addition, the City shall recognize the Union exclusively for a •period of at least one year, or during the term of a collective ba rga i n i ng agreement executed during tha t year, whichever i s the • largest period of time. No further representation election shall be conducted during any contract term unless within 30 days of the end of such contract term another employee organization presents bona fide evidence of a 30% show of interest in the bargaining unit and requests representation. If neither the Union nor the Association receives a majority of the valid ballots cast, the American Arbitration Association shall certify-the results thereof. In such event, the Union and the Association agree that neither will make any requests or demands for recognition for a period of at least one year following the date of the election. 10. COSTS: Association shall be borne by the City. 11. None of the foregoing shall be construed as requiring any party to do anything inconsistent with Federal or State law. The cost of the American Arbitration -6- a °`. • CITY OF MIAMI BEACH, FLORIDA B w y 1 Mayor \ ATTEST: Ruth B. Rouleau, City Jerk-Finance Director B y ~ .ltrtaura 7-'a-e, atl,(,~.~... Deputy INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL-1510 B y ~ ~,~ ~,2Q.o ~. -~-