LTC 201-2003
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No.:Z tJl-~o ~
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From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez 1 ~-
City Manager Y. ()
CWA ACTIVITIEL SSOCIATED WITH THE BYRON CARLYLE THEATER
Date: August28,2003
To:
Subject:
The purpose of this memorandum is to inform you of several events that have occurred over the
past few months with one of the City's collective bargaining units, the Communications Workers of
America (CW A). Despite the Administration's cooperation with CWA, our relationship with the Union
has become strained due to their continued unreasonable actions which have disrupted both the
working environment, and progress for the Byron Carlyle Theater renovation.
On 4/11/03, the City was contacted by one of CWA's attorney's accusing the City of unfair labor
practices, which involved the use of contracted labor at the Byron Carlyle, and a shift change. The
City met with the Union and their attorneys on several occasions to fully explain the project and that
additional carpenters were needed to complete it. Only 7 of the 12 City carpenters were available
for work, due to military leave and other reasons. Despite the fact that employees in the property
management division were working extensive overtime, there were not enough employees to
complete the work, and there were several projects that required expertise that our staff did not
have. In addition to the Byron Carlyle, the City was engaged in several other City projects that
required carpenters, which left the City with the need to subcontract some work.
Subsequently, CW A began to allege safety concerns at the Byron Carlyle. The Union requested
and received all inspection reporting, and a detailed environmental site analysis which verified that
there were no safety issues associated with the Byron Carlyle. Despite these conclusive reports,
CW A chose to engage in further disruptive activities which included filing a variety of
unsubstantiated complaints with DERM and the EPA and the filing of numerous grievances. CWA
then filed two unfair labor practices through the Public Employees Relation Commission, (PERC).
One charge was based on the City's use of subcontractors, and the other was based on a schedule
change that management made, despite the fact that the schedule change was made in accordance
with the notice provisions of the Union contract.
Despite the City's concerted efforts to continue to respond to each and every request the Union
presented with clear documentation regarding the safety of the building, the Union continued on its
course of confrontational behavior. Most recently, during of the week of August 4th, the entire Air
Conditioning staff refused to work at the Byron Carlyle, based upon the Union's instructions for them
to refuse to work. This work stoppage may be a violation of Chapter 447, FL Statute, which
prohibits strikes by public employees. Consequently, the City took appropriate action, which was to
suspend these employees.
Attached is a more specific timeline of CWA's recent activities. Despite the obstructionist activities
the Union has chosen to engage in, and has encouraged its members to participate in, the
Administration has continued to make efforts to work cooperatively with CW A while still protecting
the City's interest.
If you have further questions, please do not hesitate to contact me.
ATTACHMENT - TIMELlNE OF CWAACTIVITIES ASSOCIATED WITH THE BYRON CARLYLE
Between 4/4/03 to present, the Union has engaged in the following actions with regard to the
project:
1. There have 3 charges of Unfair Labor Practices filed with the Public Employees
Relations Commission, (PERC).
2. The City received 2 letters from the CW A attomey accusing the City of Unfair Labor
practices, and suggested the City post notice of its "guilt" to all employees.
3. The Union conducted an unauthorized Union meeting with their attomey on City property
during work hours.
4. Although Property Management rarely had any grievances filed in the past, since the
initial meeting with the CW A attomey on 4/17/03, the Union has filed over 13 grievances.
The Union has disregarded the procedures in their own contract on 2 of the grievances
by the steps which give the City the time to respond to their complaint.
5. These requests have been extremely extensive and time consuming for staff.
6. The City also received 4 phone calls from the Department of Environmental Resource
Management (DERM) stating that they had received anonymous phone calls regarding
safety issues at the Byron Carlyle. DERM performed 2 inspections, and found no safety
violations found. These reports were also provided to the Union.
7. DERM has advised the City that the Union and the Union attomey visited their office on
7/25/03 urging DERM to shut down the Byron Carlyle project, despite the inspections
that had taken place. On 8/5/03, DERM called the Property Management Director
stating that he had received multiple calls from the CW A attomey requesting him to shut
the project down. The DERM representative informed the Director that he told the CW A
attomey that he could not shut down the project because no violations had been found.
8. On 8/5/03, the Chief Steward from CW A informed the Property Management Director
that no CW A Union members were to be sent to the Byron Carlyle Theater. The
Steward also stated that CW A had contacted the EPA in Atlanta, Georgia and that they
were coming down to inspect the Byron Carlyle Theater.
9. On 8/5/03, the entire Air Conditioning staff refused to go work at the Byron Carlyle
Theater, citing a pending grievance was in place, and stated that the Union had
instructed them to refuse to work. The Property Management Division Director shared
all reports with the employees showing them that there are no unsafe working
conditions. The refusal to work may be a violation of Chapter 447, FL Statute, which
prohibits strikes by public employees. Consequently, the City had to suspend these
employees.
10. During the pre-determination hearing for the suspension of these employees, the Union
President threatened not only to call the Miami Herald, but to speak to the Commission
about the City's action. The Property Management Director was also threatened on
3/18/03 by the CW A Vice-President that he would have investigators follow him around
and have their attomeys watch him, since they had the time and resources to do so.
11. On 8/27/03, the four employees who were suspended for refusing to report to work filed
a grievance on their suspension.
12. The Office of Labor Relations has invited CW A to a training class which was
conducted by an independent mediator from the Federal Mediation and Conciliation
Service (FMCS). The training was designed to improve the relationship and
understanding between Management and the Union Stewards. Although the other four
City Unions attended, CWA refused participation in this mutually beneficial process.
cc: Mayra Diaz Buttacavoli, Assistant City Manager
Robert Middaugh, Assistant City Manager
Linda Gonzalez, Labor Relations Division Director
Fred Beckman, Public Works Director
Brad Judd, Property Management Division Director
Donald Papy, Chief Deputy City Attomey
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