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Resolution 2020-31242 RESOLUTION NO. 2020-31242 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH TO RATIFY A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE COMMUNICATIONS WORKERS OF AMERICA (CWA), LOCAL 3178, AS AN AMENDMENT TO THE LABOR AGREEMENT COVERING THE PERIOD FROM OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2021, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MEMORANDUM OF UNDERSTANDING. WHEREAS, the City Commission ratified the Labor Agreement between the City of Miami Beach and the Communications Workers of America, Local 3178, covering the period from October 1, 2018 through September 30, 2021 on October 30, 2019; and WHEREAS, the City of Miami Beach and the Communications Workers of America, Local 3178 have agreed through a memorandum of understanding to revise Section 9.14 titled "Seniority" as attached; and WHEREAS, the Communications Workers of America bargaining unit ratified the attached memorandum of understanding with 60 bargaining unit members in favor and 19 bargaining unit members not in favor and; WHEREAS, the City Manager recommends that the City Commission ratify the memorandum of understanding, as an amendment to the labor agreement, between the City of Miami Beach and the Communications Workers of America; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached memorandum of understanding between the City of Miami Beach and the Communications Workers of America, Local 3178 is hereby ratified and that the Mayor and City Clerk are hereby authorized to execute the memorandum of understanding as an amendment to the labor agreement covering the period from October 1, 2018 through September 30, 2021. ADOPTED this � day of April _, 2020. MAYOR ATTEST: APPROVED AS TO � �®�� FOr, ' : r NGUAGE CITY CLERK XECUTION 42 City Attorney D to Resolutions-R7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager ' DATE: April 22, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO RATIFY A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE COMMUNICATIONS WORKERS OF AMERICA (CWA), LOCAL 3178, AS AN AMENDMENT TO THE LABOR AGREEMENT COVERING THE PERIOD FROM OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2021, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MEMORANDUM OF UNDERSTANDING. RECOMMENDATION Adopt the Resolution. BACKGROUND/HISTORY The City's workforce is divided into seven salary groups: (1) those covered by the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2) those covered by the Communications Workers of America, Local 3178 (CWA) bargaining unit; (3) those covered by the Government Supervisors Association of Florida/OPEIU, Local 100 (GSA) bargaining unit; (4)those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassified; and (7) "Others" (classified service employees not represented by a bargaining unit). The City Commission ratified the Labor Agreement between the City of Miami Beach and the Communications Workers of America, Local 3178, covering the period from October 1, 2018 through September 30,2021 on October 30,2019. ANALYSIS Following the ratification of the Labor Agreement between the City of Miami Beach and the Communications Workers of America, Local 3178, the City and CWA began meeting to discuss the possible modification of section 9.14 titled "Seniority". After three meetings, on January 7, 2020, the City and CWA reached a proposed memorandum of understanding, which modified the language within section 9.14 tilled "Seniority" for the Labor Agreement between the City of Miami Beach and the Communications Workers of America, Local 3178. Page 336 of 435 The CWA leadership held a ratification vote on the proposed memorandum of understanding on Tuesday, January 14, 2020. As per the attached email from the CWA President, Osvaldo Garcia Jr., the memorandum of understanding was ratified by the employee bargaining unit members. The following language consists of the newly agreed upon terms by both parties for section 9.14 "Seniority': Effective upon ratification of this Agreement, seniority for all CWA employees shall be measured by the most recent full-time date of employment with the City except: For those members whose most recent full-time date of employment is the same, seniority will be determined by the most recent full-time date within the department;and For those members whose most recent full-time date of employment and most recent full-time department date are the same, seniority shall be determined by the higher score on the eligibility list. For those members whose most recent full-time date of employment, most recent full-time department date, and eligibility list scores are the same, or where two people are not on the same eligibility list, or where the eligibility list no longer exists, seniority shall be determined by total service hours to date with the City. When vacations are scheduled, permanent vacancies or shifts are filled, promotions are made to a position within the bargaining unit,seniority shall apply when all other factors are equal. The definition of seniority herein shall replace any prior definition(s)lapplications of seniority. Seniority will not apply in an emergency. CONCLUSION The Administration finds the provisions of this memorandum of understanding fair to the employees and efficiently responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the proposed memorandum of understanding. Applicable Area Citywide Is this a"Residents Right Does this item utilize C.O. to Know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Trackina Human Resources Page 337 of 435 ATTACHMENTS: Description D MOU ❑ Reso Page 338 of 435 MEMORANDUM OF UNDERSTANDING CONCERNING SECTION 9.14 SENIORITY Effective upon ratification of this Agreement, seniority for all CWA employees shall be measured by the most recent full-time date of employment with the City except: • For those members whose most recent full-time date of employment is the same, seniority will be determined by the most recent full-time date within the department; and • For those members whose most recent full-time date of employment and most recent full-time department date are the same, seniority shall be determined by the higher score on the eligibility list. • For those members whose most recent full-time date of employment, most recent full- time department date, and eligibility list scores are the same, or where two people are not on the same eligibility list, or where the eligibility list no longer exists, seniority shall be determined by total service hours to date with the City. When vacations are scheduled, permanent vacancies or shifts are filled, promotions are made to a position within the bargaining unit, seniority shall apply when all other factors are equal. The definition of seniority herein shall replace any prior definition(s)/applications of seniority. Seniority will not apply in an emergency. ON BEHALF 0 ANION: ON BEHALF OF THE CITY: President, CWA, Local 3178 Dire or SPDN-868764429-2631413 Page 339of435