Loading...
LTC 142-2005 Special Magistrate Impasse Recommendations CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. 142-2005 lQ To: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez 1 L~ City Manager l 0 SPECIAL MAGISTRATE IMPASSE RECOMMENDATIONS Date: June 6, 2005 From: Subject: The purpose of this LTC is to transmit to you the Special Magistrate's Report on the impasse proceedings with the Communications Workers of America (CWA), which outlines his non-binding suggestions. Under separate cover, we will be evaluating and reporting to you, the Administration's positions to resolve the impasse. If you have any further questions, please call me. Thank you. Attachment: Special Magistrate's Recommendation JMG\LG\mr cc: Ramiro Inguanzo, Chief of Staff Linda Gonzalez, Labor Relations Director (-) 0 --i ()"1 -:" .< :n , c_ (; ./.- rn ~. , ~:') p.] I .~ -.J in ';"t<,.. (/) ~::. ~-- *'4-.", C) nl ......, ,=> -n 0 (Jl () \.D ,." F:IHUMAlLABORRELILabor RelationslCommission LetterslL TC - Special Magistrate Recommendation.doc ?,.. . JUN-02-2005 11:1TAM FROM-AKE~N SENTERFITT +3053T45095 T-485 P.004/050 F-249 PUBLIC EMPLOYEES RELATIONS COMMSSION In the Matter of Impasses betWe:en: City of Miami Beach, FlOriWL and Communication Workers of America Local 3178 Case # SM-2004-037 Representing tb.e City: James C. Crosland, Esq. Akerman ~'Tfitt One Southeast Tbird. Ave. - 28m Fl. Miami, FL 33131 Representing t]le Union: Robert A. Sugi1l'lJWl, Esq. Sugannan & Susskind 2801 Ponce Dc: Leon Blvd., Suite 750 Coral Gables, FL 33134 RespecdU11y submitted by: John C. McCollister, Ph.D. Special Magistrate '- . . JUN-OZ-Z005 11:17AM FROM-AKERMAN SENTERFITT +3053745095 T-485 P.005/050 F-Z49 .....- PUBLIC EMPL01'EES RELATIONS COMMISSION In the matter of impasses between: ) ) The City of Miami Beach, ) Florida ) ) and ) ) Canummication Workers of ) America, Loca13178 ) Case # SM-2004-037 Pursuant to Section 447.403, Florida StatUtes, and Administrative Code Rule 60CC.3.004, the undersigned was appointed as Special Magistrate to hear the issues as outlined in this report involving the City of Miami Beach, florida (the City) and Local 3178 of the Communication Worters of America (the Union), and to make recommendations on the same. Both parties were afforded full opponunity to present all evidence gennane to the issues. With the exception of the second balf of the seventh day of the Hearing (May 4, 2005) and the last full day of me Hearing (May 19, 2005), a Coun Reponer was present; in addition, a television recording was made of the proceedings. The first day of Hearing (Wednesday, March 16.20(5) began at 10:00 a.m. and concluded at 5:30 p.m. The second day of Hearing (Thursday, March 17,2005) began at 9:30 a.m. and concluded at 4:30 p.m. The third day Hearing (Friday. March 18. 2005) beg;Ul at 1 :00 p.m. and concluded at 5:30 p.m. , '---.~I 1 JlIl-02-2005 11: lTAM FROM-AKERMAN SENTERF ITT +3053745095 T-485 P.006/050 F-249 -' Due to demands for submission of extra evidence, (Ither sessions were needed. The two lead attorneys and the Special Magistrate held a 45-rninute conference call on April 6, 2005, and addressed the issues to be discussed at other meetings. The fourth day Hearing (Tuesday, April 12, 2005) be&3Il at 1:00 p.m. and ended at 7:30 p.m. The fifth day Hearing (Monday, May 2, 2005) began at 10:30 a.m. and concluded at 5:55 p.m. The sixth day Hearing (Tuesday, May 3, 2005) began at 9:30 a.m. and concluded at 6:20 p.m. The seventh day Hearing (Wednesday, May 4, 2005) began at 9:30 a.m. Both parties broke into groups in au attempt to mediate the issues. The sessions coocluded at 4:15 p.m. and were scheduled to continue on May 19th. The eighth and final day of Hearing (Thursday. May 19, 2005) began at 9:30 a.m. and concluded at 3: 1 0 p.m. Once, again, the sides broke fer. group meetings. The Special Magistrate promised to render his opiniDn to the City Commission within 10 days following the last session. A..ppearing for the City: James C. Crosland, Esq., Attorney Paul Ryder, Esq., Anomey Linda Gonzalez, Director, Labor Relations Michael Reyes. Labor Relations Specialist Patricia Walker, CbiefFinancial Officer Stephen Palmquist. Actuary -' 2 Jllf-02-2005 11: 1 TAM FROM-AKERMAN SENTERF I TT +3053T45095 Richard Shell, WitneSs Pat Hipple. Human Resources AdminiSlIatOr Oscar Satiesteban. Data Base Administrator Saul Frances, Parlcing Director Julia Magrisso, Assistant Director, Parks & Recreation Deedee Whitehorn, Cbaitman, Budget Advisory Committee Brad Judd, Property Management Director Eric Yuhr, Operations Assistant, Fire Depamnent Trish Walker, CFO, City of Miami Beach George Gon2a.1ez. City Manager J\pJ)earing for the Union: Roben A. Sugarman, Esq., Attorney Pedro Herrera, Esq., Attorney Ricbafd McKinnon, President, Local 3178 Lawrence Jessup, Economics Consultant Phyllis Shamis. Complaint Operator, Dept. of Police Uwezo Ross, Dispatcher, Dept. of Police Edward Delfavero, Assistant Fire Chief Jerry Buechler, Health Care Consultant Janice Pyc. Code Compliance AdministratOr Joseph McManus, Lifegurad Warren Green, Pool Guard ._~ 3 T-485 P.00T1050 F-249 JUN-02-2005 11 :18AM FROM-AKE~ SENTERFITT +30S3T450QS T-485 P.008/050 F-24Q '- Oscar Alfonso, TemporaryLifeguard Jonathan Sinkes, Elecuician - TIlE HEARING: The Onion opened by declaring that Miami Beach is an international city. Although its borders contain a bit more than 90,000 reside:rlts, the City hosts more than 11 million visitoI1 each year, Responsibility for mllintainit'g Miami Beach as an 2lttractive venue for tourists includes the collective wolk given by the CW A-the large!:t union in the City. The UnioD membership consists of approximately 450 skilled blue-collar and clerical workers. During FY 1993 - 1994, the City was able to convince a Special Master that its financial situation was dire. Following the repon of the Special Master, Union employees I'f!maitJed at a statuS quo in tcmls of wages. Today, however, the City enjoys '"unrivaled financial success," according to Union Anorney Robert Sugarman. "There is more than enough money available," he said, "and we're as.king no more than other union:i. .. The City Manager, just last September, reported tbal: the City's credit rating has risen and that its debt bas decreased. "The City is rolling in money," said Mr. Sugannan. The City has five defined barElti"ing units: 1. The FOP - Police 2. The lAFF - Firefighters 3. CWA 4 JLlf-02-2005 II: 18AM FROt.t-AKE~N SENTERF I TT +3053745095 T-485 P.009/050 F-249 4. AFSCME 5. Government Supervisors As$Ociation (GSA) According to the Union, the City, ather unions---especially those representing the police and firefighters--are treated bener. CW A members.. according to Attorney Sugarman, lag behind other unions and their members have, become second-class citizens. City AttOn1ey James Crosland did not endorse the claim that CW A members are consicl.ered ..second-class citizens." He did admit, however that the Union was conect when it stares that the police and firefighters unions are tre4Ued. differently. '"*We feel they are different entities," said Attorney CrOsland. The CW A and the City have not ratified a Collective Bargaining Aarcement for FY '03 - '04. Consequently, the two sides also have not siplCd-off on an Agreement for _" FY '04 - 'OS and for FY 'OS - '06. Several issues were presented to the Special Magisb1ate. In every instance, the party that seeks a movement or a change in the existing prac;tice and/or anicle within the Collective Bargaining Agreement, bears the burden ofprooI Both sides endorsed this understanding. A total of 23 issues were initially discussed at the H~g. During the fim day of Hearings, one of them-Sick Time Sell-Back-was withdrawn by the Union. During the third day ofHeanng, Union Attorney Robert Sugannan suggested, in an effort to save time, an ancmpt at mediation regarding all of the issues, save pension and health insurance. The City firmly held its ground and did not accept the suggestion. s , , JUN-02-2005 11:18AM FROM-AKE~ SENTERFITT +3053745095 T-485 P.OIO/050 F-249 As the days of the Hearing progressed, however, me City altered its feeling aDd agreed to sit for an attempt at mediation. Throughout the Hearing. the Special Magismue bad to concentrate on separating fact from opinion. While everyone is entitled to his or bet ,:lpiDion, nobody is entitled to his or her own set of facts. The Special Master wishes to g,) on record by stating that he appreciates the efforts by rqm:scmatives of both sides who assisted in preS(' pril'lg the entire pictUl'C ofthiDgs without embellishment and hyperbole. As in any hearing of tbis natUre, the Special Magisnte must consider three factOIS: 1. The Union; 2. City ManaacmCDt; 3. and, ultimately. the Citizens of Miami Beach. The Special Magistrate bad the duty to hear and evaluate testimony a:od evidence and, based on same, is commiss.ioned to make recOImJ1f"'nqations in line with wbat he felt was best for the residents of Miami Beach. The following sections of this report deal with tbe issues facing both parties, the stands taken by each side during the course of ilie Hearing, .the opinion of the Special Magistrate and his l'eCOIIUt'Iendations to the City COmmissi(ln. -.' 6 'f JlJHJZ-200S 11: 18AM FROtiHKERMAN SENTERF I TT +305tT450QS T-48S P.Oll/050 F-24Q TERM OF AGREEMENT '-. The City says that unless both parties agree~ the CUu et1t StatuteS allow a City Commission to consider only me first year of Impasse-i.e. FY '03 - '04. The City wishes to ratify a contraCt not only for FY '03 - '04. but also one for FY '04 - '05, FY '05 - ~06, and FY '06 - '07. The Union is unwilling to negotiate for FY '06 - '07. In the words of Union Attorney Robert Sugannan, "Who knows what circumstanCes might be present during the '06 - '07 timc:frameT' ~ini9n: The Special Magisuatc applauds the City for its willingness to lock-up wages and other aspectS of a Collective Bargaining Agreement far III extended time. At the same time, he agrees with the Union. Establishing a salary SU'UCt'lJte, etc., this far out would coun~r a caution expounded by the City throughout the Hearing that the ccoaomy of Miami Beach relies on the impact of the tourist industry and, at the same timc~ remains wlnerable to potential damage created by hurricanes and otbel' weather-related activities. R.econimendatiQn: Persuaded not only by the argument of the Union but also by the cautions presented during the Hearing by City representatives, the SIlCCial Magistrate asks the City Commission to consider only an Agreement for fiscal yeatS '03 - '04. '04 - 'OS, and 'OS -'06. - 7 ----- ----_.------ ------- .......-... ..- JLII-OZ-2005 11: 18A.. F~AKERIIWI SENTERF I TT +3053745095 r-.85 P.012/050 F-Z49 WAGES '-' Since 1993, when the relatively poor fiscal statUS ofd1c City opened tbe door for the CW A to make concessions, other unions have received decent wage incrases. During FY '03 - '04, for example, FOP,lAFF, and AFSCME members received a 3%, increase. They got an additioaa13% increase for FY '04 - '05, and 3 ~% increase for FY 'OS - '06. The GSA received a 2 ~% increase for each year with a ''re-opeae(' for FY '05 - '06. The City bas offered me CW A 1 ~% increase for FY '03 - '04 that would be a lump sum and not subject to pension payments. For FY '04 - 'OS. the City bas offered a 2 ~% increase wilh no retroactive payments. a 2 ~% iDcref&se for FY 'OS - '06 and. for FY '06 - '07. a 2 ~% increase or the CPr, but not to exceed 3%. Lawrence Jessup, an ecouomic consultant hired. by the Union, p~fO() a volume -- of da~ which was designed to show the dollar ditferencc between the petitioos of the Union as compared wi~ the offers of the City. More than a few of Mr. Jessup's figures. however. were openly cballenged by the City throughout the Hearing as being either "inaccurate" or '"misleading.'" As an example, when Mr. J~ attempted to distinguish between the Union and City wage package proposals, be presented only the difference in base pay; he did DOt include fringe benefits, even though be presented his figures as an attempt to "show the difference" in cost to the City. The bulk of Mr. Jessup'sp:resc'Dlation revealed little more than was already known by those in anendl'T1ce, Le. the City has enjoyed the :;ort of prosperity heretofore unequolcd. Taxes bave been lowered. Debt bas been reduced. Credit rating has increa&ed. 8 , JUN-OZ-2005 11:19AM FROM-AKERIIWI SENTERFITT +3053745095 T-485 P.OI3/050 F-Z49 City Attorney James Croslaa.d agreed with the umon in tenns ofMillni Beach's solid fuumcial statUS. "As compared with other cities our size," he said, "we're at the top." Union Attorney Sugarman opined. that much of tbis success is due to the diligent and productive work of CW A members. Chief Financial Officer for the City, Patricia Walker, also agreed wi1h the Union that Miami Beach enjoys a positive cash flow. Ncmed1elcss. she highlighted several additional mistakes in the report given by the Economic Consultant. Ms. Walkcr also brought to the attention of the &rouP tbat she was goiDg to recoaunend to the City Commission an increase in the amount of money that would be set aside as a designated contingency fund (from its curtem $11 million d~ to approJl.imalely $28 million). She also revealed that more money should be placed in the self-in.iurance fimd. Whereas the current reserve for tbe self-insurance fund is approximately $12.3 million, 1bc actUary recommends lbat this be taised to about $17.5 million. Ms. Walkt:r concluded her testimony by ~ "w bat is sustainable?" She was concerned that 1he Union ",~hPr (or any other citizen) might conclude that the sharp rise in percentage of income tbis past year would be "'7'~l,...t each year hereafter. She warned lbat this escalating perce.tnage of profit might be t=1.1percd in the event of any shift in the wind oftomist groW1b and/or development grov-1b. . Ms. Walker. whose observations were echoed later by Ms. Deedee Whitehorn, Chainnan of the Budget Advisory Committee for the City, reminded all pl'CSC4t that any economy (such as that of Miami Beach) based primarily upon tourism is vulnerable to 9 , J IIHZ-Zo05 11: 19AM FROM-AKERMAN SENTERF I TT +30537451)95 T~ P.014/o5D F-249 unforeseen disn1pti.ons such as hmricanes. ..We now are advised to keep coough fimds in .- reserve to take care of two full mnnms of operation, .. sbe said. In line wilh tbc issue ofwqes, the City initiated a "Pay for Perf~" dimension to the Collective BargJmtn,g Agreement. This issue is considered later in this report. Opinion: The Special Magistrate is convinced that the City does, indeed, enjoy the sort of positi ve cash balance that would be the envy of other rmmicipalities. That claim by the Union evoked more challc:nges from the City tbau was necessary, partly due to the :fact that the Union, through its Economic COD$ultam. insisted OQ introducing volumes of what it deemed to be official public records. By doing so, the Urlion opened sevc:ral doors for the CilY to challenge and COITCCt some specific figures. Smn.eone might conclude that when il few figures in a document are proved to be in error IJI could be construed as "misleading," the credibility of that entire exhibit becomes lnore vulnerable m suspicion. Part of the reason for the cbaracterization by the Ciry that Mr. Jessup's figures were 6'mislea~g"--in termS oftbe difference of opinion m: the cost to the City were it to raise the percemage of pay for CW A employees in line with other unions-lay in the fact that when the UIJion refers to the amount of , 'pay" in its ~ons, it c~ only the amount of money its employees lake home with them mUowing each pay period. The City. on the other band, com:ctly looks upon the word "pay'" as not only the base wages, but the fringe benefits as well. The differences, says 1bc City, can be substaDtial. The Special Magisttate agrees with the City. ._....J 10 . JLII-02-Z005 11: 19AM FRCfIt-AKERIMIl SENTERF I TT +3053745095 T-4&5 P.015/050 F-249 Someoae might well ch.aDctcrizc Ms. Walker's ~~ent of the fiIUIre as mere "doom and gloom-i.e. citing the worst possible of sceuarios. That could be, albeit one of the respansibi.liti of someone in Ms. WaIker's positica is to warn the City of what could bappea in the event of a catastrophe. Ms. Walker ~entcd on seveul occasions throughout the Haring: hlfall to11rism dollars go away, wc're in trouble." Mr. Sugarman responded: "'That could be said of aD of Florida. .. The Special Magistrate jdl'nlifi~ much more wi1b Mr. Sugarman '5 observation. In spite of the new dP!rrumd4J placed upon the City in termS ofirs rcsc:rvc funds, along with the rec~datiOllS outlined by Ms. Walker, the Special Ma~ remains convinced that tbe City does DOt lack the funds to award CW A members a percentage '.-" raise equal to tbat oCtbe FOP. IAFF and AFSCME. The Special Magistrate does not feel comfonab1c with the insisteDcc of the Union that it be on an equal surface in every respect with mc:mben; of the police aDd firefighterS unions. In the mind of the Special Magistrate, of greater importance than a specific percentage of pay raises during the Impasses is the fact that the CW A wishes 10 be regarded on a par with police and firefighters. Attorney Sugamaan, on more 1han one occasion. DOted that the City was treating CW A employees as "second class ci.ti2:ens." The Special Magistrate, does DOt salute the "second-class citizen" label; he is convinced that the City does not as well. He does agree witt! the City that CW A employees are not police officers or firefighters. Their jobs are quite dit:YeR:m IUd, for all practical purposes. do not carry with them the inherent perils oflaw-enforcement and/or fire fighting. Because the roles of certain professions-in this case firefighters and police ~- 11 .. . JIIHlZ-Zo05 11: 19AM FROM-AKERMAIl SENTERF I TT +3053745095 T-485 P.016/o50 F-249 officers---are different, there is nothing out of line with the City offering bcua- salaries '--' and/or bener bendits to these groups as opposed to those who belong to the cw A. As in most instances, decisions we make arc based on emotion; we resort to logic in order to justify or explain our feelings. Such is the case here. CW A workers wish to be shown the same amoum of respect as are members of the FOP and IAFF. The Special Magistrate agrees. He is convinced tbat me City does respecT CW A worters as individuals. At the same time, as ;my rational observer would agree, the City understands 1hat the inherent danger of tbeir jobs is far less tbao that of police and firefighu:rs. JUSt as it is trUe that every job classification is not equal. so it is true that every 8l21OUDt of compensation canDOt be equal and remain fair. In terms of salary, the eqllali1800n oftbc amount of pay and fringe beuefits between CW A and the FOP or IAFF will never be ~;7fOQ The equalizatioo in the percentage ofraises, however, can be. and should be. a reasonable expectation. One other factor that's involved here is the fiWure tel hone a Collective Bargaining Agreement for FY '03 - '04. The facts presented at the Hearing convinced the Special Magistrate that both the City and the Union shale the blame for canceling and for impeding scheduled barpi"illg sessions. The facts showed that the City pl~ a date already booked by the Union and the Union failed to respoad to pleas from the City to schedule discussions. A consideration for the Special Magistrate was the City's behavior during the Impas$e Hearing. The Special Magistrate was convinced lbat the City created some unnecessary barriers to progrc&S wbcn it made it more diBicult than necessary for the Union to receive requested data. Only with the strong urging of the Special Magistrate -' 12 . 'f JlIHlZ-2005 11: 19A.. FROtHKERIIWt SENTERF I TT +30m45095 T-.e5 P.017/050 F-Z49 did the City respoDd in a ~~le time. Certainly, tbere is value in iDsisliDg mat those _', outsidt: City Hall follow a procedure and chain of COII'l,'-'Il'1, At the same time, those outside City Hall are 1he ones for whom the ~ work. When seeking information about public records. a citizen (including any member oftbe Union) must not be required to wait an exuat44UaIy amount of time. Throughout me Hearing, the City accused the UDiorl of creating delays because, among other UtiDgs, its rcprcscnauivcs insisted on iDtroducing new items oflmpasse following negotiation sessions. This accusation received credibility during me Hearing when. even on the last day, me Union elected to intrOduce a new demand----fo add washing machines at its lifeguard stations. While the request might have beaa valid. the fact that the UnioD added another request this late in the procedure says to me Special Magislr8te that the City was correct in its observation. '_. Recommendation; Since the City offered no acceptable rationale in denying CW A employees from sharing the same percentage of pay increases with ~ unions, the Special Magistrate asks the City to award CW A mcmbc:rs the same perceDIIW' raises for FY '03 - '04, FY '04 - '05 and for FY 'OS ~ '06 as granted to police and firefighters. In terms ofFY '03 - '04, the Umon bad been offeml earlier the same 3% raise as given other employees. The Union elected to reject this ofYcr. Were the Special Magismue to rec~d retroactivity at this point in time, be would send a message to this and other unions that in future negotiations. all it would bave to do is reject a City's offcr.lmowing that it would get the same through a recomn1endation by the Special " .... 13 .uJHZ-2005 11: ZoAM F~AKE!W.N SEflTERF I TT +30m45Di5 T-48! P,018/050 F-Z49 Maiistrate. ~e, the Special Magistrate fcc1s that the Union should m:cive the 3% ',-' raise b\1t only as a lump-sum payment, not as a part ofb8se pay. For FY '04 - 'OS the 3% base pay should be made retroactive to October 1, 2004. For FY '05 - '06, the raise should be 3 ~ %. PENSION Peniiooq have bca1 in the news lately. Certain airtine companies--Delra, USAir and Unit~ for example approach baDkruptcy partly because of the amouIIl of pension payments that must be home by the companies. In some mmnres, the c. ~ies have either radically reduced their pension paymentS or have wUbdrawn them alfoge1her. The City expressed this same concctn when ~iDg this issue during the Hearing. - The City admitted that the pension benefits for CWA dift'er with tboIe of the police and firefighters. Both At10mey Crosland and Atramey Paul Ryder repeated the observation that the woiken wbo belong to CW A. in me opinion of the City, are not the same 1ciDd of employees facing the same son of challenr. Union Anomey Sllgaw-n put fanh a spirited }&~.lIation in wbich be showed ample evidedce that the City formerly bad contributed the same basic amOUDt toward the pensions of all employees. A marked difference in CODIributi0n9 and benefits separated CW A workers from the police and firefighters. In fact, since 1993, CW A employee conuibutions to tbe peusion fimd have increased, wbilc 1hc benefits have geaeraJly decreased. On the other side of the coin, police and fircfi.gl:ue1's have reali7P1i improved - 14 JUI-OZ-Z005 11 :2oA" FROM-AKE~ SENTERFITT +30S374m5 T-.e5 P.019/050 F-Z49 benefits over the same period of time. During four oftbose )'CItS (1999 - 2003), the City .._/ made no coI1trj~s wbatsoever to the employees' pemiQn fund. AttOrDe'Y Sugarman said that in 1993, the City bit 1h: Uuion twice; Uuion members CODtr1~ more and received fewer ~~t1~, _ the City ignoral the requirement that pemtission for 1bis action go to the vota'S. ""The City C<)W-~ to pay less for its employees each year, even though prosperity is :It a record bigb," be said. Mr. S11glIl'IDIU1 repeated the Union's theme that it w;JUtS the same ~ts as those enjoyed by the FOP and lAFF. Tbc City eowttered with the claim that, indeed,. it did DOt contribute II) tbc pension fund for four years. According to the City's Auorney R.yder, the pension fi1DIl was earning enough though its invt5tm~ to more lban JUke up the comri.buticas in previous yeaIS. As to briDling CW A employees up to the level ofbenefits enjoyed by the police and fifCfightels, me Umon claimed that this would cost me City $2,875,735 per year. The City c]aitn~ that this total was based upon yea:r-old data. The City's claim is that the increase would be 53,179,666 per year. Within the arena of the peDsi~ fund is the fact tbat cmrent CW A weaabets are divided into two groups-Tier"A If and Tier "B." Bc:ncfits and perccmagcs of connibutions vary with the two tiers. In addition, the umc.n President, Mr. Richard McKinnen, bas tiled a lawsuit against lbe City regatding die spelled-out beoeDts. Toward the cud of negotiations. the Union sv.grzr~ altcmative solmions. Included in tbe suggestions were: . -" 15 . J1I-OZ-Z005 11: ZoAM FROtHKERIIM SENTERF I TT +3O!3T45lla5 T'" P. 020/050 F-249 For Tier A--<:Ol1timIe to pay 10% ofda' salary, iDcluding 0lIICItimc:. and ~. .I' R!CCive the tbUowing bale'fil!l ~ Drop, 100% Survivorship. Two-year buy-blck. Early-out, Allowed to remain in GERS when ~ outSide ofba1~ing unit. For Tier B---caminuc to pay lOOAJ of their salary, including ovcmme, and n:cci.ve the following ~": Drop, 100% survivorship, CODSOli~ Tier B iut.o current Tier A. Allowed to remain in GERS when pro:molei'l outside ofbiur:...:..g unit. For 401-A employees who chose me wiDdow to enter the OERS will do so wid! me following improvements: Drop, C-cmolidati1'!g Tier B into cum.mt Tier A, 401-A Window Allowed to remain in GERS when promoI!'ll outSide of~'.:'~g unit. The City countered with several facts includiDg dJIl: if a two-year buy-back were initiated, the City would still be obligated to pay 500.10 of tbe health insurmce tor the fonDer employees. 16 JUI-OZ-Z005 11 :ZoAM FROM-AKE~ SSNTERFITT +3053745085 T-4e P.021105D F-249 The Union stafCd that, in most instances, those zecciving two-year buy-backs get ',- jobs elsewhere in which there is adequate health in.sutJ8:e coverage. 'The City was unable to give to the Special Magisrnate the number oflbose to whom they are giving the So% health insurance CQveraae. Opinion: The Special Magistrate uaderstands that the pension issue is ODe of the two '"hot topics" in tbe negotiations. In this conteXt. he has given dx: matter considc11lb1e thought. He ;~tifies with the frustration of the Union ~~ who fee11bey have been compt:lled to make sacrifices siuce 1993 and have not been given relief. The Special Magistrate was not convinced'that the City is compelled to offer the complete benefits package to CW A members as it offers to police and fipofi~. It's just another way ofme City IeCOgrj7.jng that those who 1ft responsible for the safety of the citizens of Miami Beach are different kinds of employees. At the same time. the Special Magistrate is oftbe opinion that in 1993, the Union did make sacrifices (due partially to the repon of the Special Master at that time) in its pension benefits because the City was in dire financial smPlS. He believes mat anyone who reii1ses to acknowledge the sacrifice of CW A mrmhPrs since 1993 is Jiving on the wrong side of history. This Special Magistmc thaefore believes that the City, in itS cunesa Slate of solid footing flnlmcWly, has a mcn:al obligation to its employees who were willing U) pay more and receive less for its pension program. By incrcasiDg some benefits at this time, the City is saying not only to current members ofCWA, but also to all other employees: "We '- 17 . JlI-OZ-Z005 11: 21 AM FROIHKERIlWI SENTERF I TT +30537'4!Oi5 T-4f5 P.022/050 r-z48 appreciate the fact tbat yoU woda:d wi1:h US during the ro.p times; we are IMJ'W willing to demonstrate this." Such a &eStWe sbDuld result in positive public relations. Anomer 4imetJqon of tile pension program, as pointed out by Auomey Sugannan. the portions ofbeaeDts given to those who are disabled or to 1he bendici.xs of those who have died should be the same. The Special M.gj~ Agrees. Recommendation: In light of me above, again following many hou1s of con9ideration, me Special Magistrate rec(}mn~' the follDwing: 1. Adopt the Union's proposal fOT Tier A, tOr Tier B. and ir 401-A groups. 2. Overtime payments. however, should DQ! be calculan:d ........d pension payments. 3. Duplicate for CW A members the sene kDdits as those currently given to firetiglttPr's and police persoauel in the event _ employee is disabled or dies wbile on the payroll. 4. The Special Magisttate urges the Union to drop the cun=E lawsuit. Note: while lbis involves not a spcci1U: issue of TT11patSf'. 1be Special Magistrate feels that this will go far in promoting greater blrmony between the Union and the City. ,,-. 18 . J1IHZ-2005 11: 21 AM FRaHKERIiM SEfClCRf I TT +3053TU! T-485 P.023/o5o F-Z48 HEALTH INSURANCE -~ This was me second of two "bot topics" under coasidcmtion. As af'fll1llN. says the Union, CWA worten earn less JDODeYtbanpolice orfir~plS, yet they~more for health insurance coverage. As a result the CW A wams 10 :fann its own health insurance plan as bave tbe police IUI.Cl titdi~. The City says that iftbe CW A pulls out oftbc existing health ~ plan, Miami Beach would suffer adverse consequences to its budget. This would act be a good business decision Right now, the CW A has me same p. as do membets of AFSCME and GSA Of~~ to the City isth.c iact that the ~.~ bea1th plan bas 10 include a slate of employees, 40 percent ofwbom are tetirees. Tbat tigmc is ~ to increase: over the IJeXt few years. .Acc<<cting to the City, many (ma::t) insuraDcc cmiers refuse to cover any municipality with more than 10 pcrccm retired employees. The City !bowed lbat ~Wn~ for this year's bea1th insurance ~ 4.4 percent. Attorney Ryde:r did admit that tbe City never sought bidden for the C\11TCIII cmmact. The Union objected to this approach and labeled it: "irrespoaSible fI1"~-" The: Union said that it wantS to pull out oftbe cuaE:11t plan and to bID its own health plan. The Union claimed that it could fund its pl'Ot&an1 were tbe City to pay tbe same PPO rateS it gives AFSCME members; it could DOt C) 90 were the City to pay only the HMO rates. The City says that if the CW A workers pull out, it would drive up lhc costS to the City in ordc::r to COVeT other esnployees. ..... 19 JtII-QZ-2005 11: 21 AM FRfJHKERWM SEftTERF ITT +3O!3T.sa! T-485 P.024/050 F-W That ~~gJ Atromey Sugarmanla:pt ple-tVrtg for the Unim1: "We want the same ~fft5 as given to police aod firefigJm::rs." At the CODClusion oftbe Hearing, the City .~ f1H11l13 sunce tbar it would not accept a privare plaa for CW A ~. Opini,?u: '!be Sp-Qal M.agistrMc agrees wilh the Union m. the City. indcc:cl sbDald have sougtn bids OIl 1his year's insunDce program. While be UIIdersamds the City's justification for this decision (the previous year7s secmd lowest bidder was IDDCh greater than that oftbe current c~). he feels that 111 attemPt' sbould have bea11D1de to see ifJ indeed, same od:Ia' company migbt have Offc:red~lw,g better. The Union, in dM: cpiniaD oflhc Special t.f~~. presented a .-...;..:mg argument that it ccmld, indeed. form a self-insured plan wbile contributions by the City would not suffer. Perhaps, just perhaps, the absa1ce of CWA employees m:. the plan might raise the COJJUibu1ions for me City to some degree, it is a relatively small sacrifice in ord~ to keep and wail1tain aood will among its cmplD}let:s. In fact. me iDput given to the Special Magisttsc by other municipalities and j,..,m~s in the private sector that managers are most willing to rid themselves of the bunIeI1 of providing aDd mlDaging health care for employees. The Special Magistrate feels, however, the City siIouJd not be r-1i-l by having to support such a plan by connibuting substantially more to a self-insured plio dum it would be obligated to pay bad the Union remained with tbc current pIau. In lbc opinion of the Special Magistrate, iftbe Union electS to become self-insured, it should DOt expect ..., 20 , J.lIHlZ-ZD05 11: Zl AM F~AI(ERIlWI SENTERF I TT +30537'45095 T-415 P.025/050 F-248 the City to contribute more dum it would had the Uuica aereed to remain witl1 me current .._~ . plan. Also, the City should DOt be considered to become a Alsafety net" in me event a private health insurance plan should tail. ~Pl'lmP.l'l~on: Tbc Special Magistrate mgcs the City Commission to allow merubers of the CWA to fon'll its own hca11h insuraDcc plan. If their employees em enjoy the same or even better benefits at lower costS 10 them. so much 1be beUer. The City should ccmtribute to the health insunmce progtam but to no more of a degree than it would bad the Union stayed with the CU1'l'CIa plan. Also, in the unlikely event that the new sclf-imunmce plan should fail or suffer YDCXpCCted losses, 1bc City -- should not be held responsible to bail-out the new system. Therefore, the City's contribution to the new plan should not be more than 1bat which is given to manbers of AFSCME. ELECTION OF REMEDIES ClmeD1:ly, employees with a grievance can elect 10 go to arbitration or to the Personnel Board for relief. The City WantS to change this so that the employee has the choice of electing arbitration or go before a hearing ~nrrrin~ who is hired by tbc City. The reason for the City's desire to adopt the new procedure is that the decisioDs rendered by a professional arbitraror or bearing ~SU11in~ would be more in line with nzIcs oflaw. The City ~in~ those present that AFSCME bas agreed to this p&oc:edure as have the police aDd firetiglnc:n umom. The GSA has grievmcc arbitration oaly. - 21 J J&IHlZ-ZoO! 11 :ZlAM FRUHICEIIWl SENTERFITT +30537_5 T-485 P.026/O!O F-Z49 The UDion argued that 1bc City is att~ to tab away a tried aod true method of anevance that bas been in c:ffi:ct siDcc 1937. "!fit's DOt bloke, don't fix it, to repeated Attorney Su~. 1be City's proposal will result in OUt' pievances beiDg beard by rookies, not seasoned veterans." Right now, an employee may grieve bis/hicr case before the Persoaael Board and it costs bimIber no money. Were belshe to go to arbitrrCm, in all probability 1hc employee would be burdened with the cost of hiring an comt"y. In addition, says the UJ:Jiul, iftbe City foots me cm:ire bill, it could be seen as controlling the entire procedure. The existing Pcrsonncl &ani has involvc:mcat by the local Corntl'l1Jn1ty. Qpinion: Were the City allowed to hire its own bearing offiCu and/or arbitrafOr, the City, in .~. all probability, would not CODlrOl the situation. However, it can certainly give this appearance. The current system would cJ;",i~$I1"e tbat pcl~. The Special Magislmc was also persuaded by me Union that a grieftar can come before the Personnel Board witbout bearing the cost of legal counsel. As a result of the above, the Special ~ sees DO advamage to c:hanging the existing procedure. R.econmJl".J1tt:llrinn: The Special ~ urges the City Commissicm to maintain the salUS quo in this issue. .,' 22 >- JlIl-82-Zo05 11: 2ZAM FROM-AICERIIWl SEftTERf ITT +3nm45lJ95 T~ P.OZ7/050 F-Z49 UNION TIME BANKICON\'~IONS ....-. As of DOW, the Union bas 17 steWards sad 7 chid' *W_~ that serYe its members at, says the Union. appro,,~y 40 worlc sites. The l..TmcD wantS to alter me Collective Bargaining Agreemf"l1t that woWd allow 3,000 hours pet year for its steWards 10 conduct Union bnsiDess with a rollover to the next FY for houts DO( used. The Umoa would acCept a limit of 6,000 boun for a combined allotmem plas rollover hOUlS. When pressed, the Union said that the steWards could engage not in just grievance discussions, but also in promoting the general welfare of me, Union. The City objected st'tOngly to this addition. AttIxDey Crosland atped fbr the City that steWBrds could take off work for any reason and justif}r it by saymg: "This is Union business." As the Hearing progressed, the Special MagisuaIc 1eamcd that the peviously Slated "'40 work siteS" cJ'lV'ecI by me Union did not invoIv,~ 40 different bui~q. The more accurate description woWd. be 23 VcmJcs. Qpinion~ The Special Magistrate agrees with 1bc City. The Union, in his opimoa, failed to demoAStrate a genuin~ need to dllimV the existing progran for Union t~. t(1~tiVes. Were the dPmUlti~ by the Union c:udorscd. stewards on City time could spcDd time inte03cing with their fellow member:s in lieu of serving as productive c:mpIoyees. ~OTnmepda1ion: The Special Magistrate feels that the cutrent policy of the Collective Bargaining AgrecmcDl should stand. -.1>. 23 ,,' 1lI-oz-2005 11: 22AM FRCtHKERlIWI SENTERF I TT +3053T45U95 T-48!l P. 028/050 F-249 CLEANING ALLOW ANCElUNIFORMS ~- . These two issues are iIII:arelatcd As to Cleaning Allowance. Ms, Phyllis Sbamii. a Complaint ~~ for the Police Department, and Ms. Uwczo Ross, a Dispatcher for d2e Police Depanment, testified tbat ccnain people who arc required to wear City-i ~ uniforms are DOt compemsatcd for costs of cl~nmg the uniforms. The cost for this is appro~~ly $20 per wt:ek. The Union asks that everyone required to wear a City UDifonn receive a cleaning allowance of $50 per month, aDd 1bat all those Union ~~ CUITently receiving such allowance have their COmpmasarinn IBised from $40 to $SO per month. The City responded that it elected not to give tbc additional tlmds ~ the uniforms ~ washable and need not be dry-cleancc1. Also, the workers are given -~. uniforms. which saves on wear and tear oftbeir persoual wmirobes. Finally, said the City, it refuses to give all the extra pay demandeQ by me huge number of rc:quatS by the Union. On this same issue, Mr. Edward Delfavero, A9sU1a.1Jt Fire Cbi~ tetified that, indeed. membP.rs of me IAFF do receive clothing allOWBDCC. Union Anomey Robert Sugamum noted that me DeW wifOIIIlS DOt aa1y contain logos for IZOD, but also they were not l00-percent ~ something 1hc employees enjoy wearing. Finally, Anomey Sugarman requested 1hat lifeguards receive a dress UDiform akin to that worn by firefighters and police officers. that would be appropriate to wear during official fimerals, etc. 24 " . JlI-OZ-Zo05 11: ZZAM FROIt-AIHM SEmRF I TT +305374!095 T-485 P.OZ9/050 F-248 Qpinion: The ~tl Magistrate was DOt convinced by !be Union that a c1f-- i;r B allowance is n~ tor me son of~mifnfTTl!l provided by the City. The employees, ill his opinion. actually bc:nmt from DOt having to wear their own C'1~ an the job. Wr:r.r: lbey compelled to wear 1bcir own cJDrhing. they would have to cover the costS of washing them. That's just a normal ~ nearly everyOJ1e 'beaD in life. Had tbI: uniforms been me type that ~~'"'li to be dry cleaned fee .u practical ~, the Union might have a stronger argJImenr, As to the fact that the Union m~ are r~ ro wear vnifonns wid11ogos of a specific company, there's a compelling argnm~ that they should be crap. QS8ted for their role in advcn:ising the product. Also, there is a SOI1IK1 qument tbat if DDCOne refuses to wear ~ logo for ~ rn5ODS. helsbe sbculd DOt be compdk!d to do so. The Union was also unable to convince the Special Magistrate that dIess unifoans for lifeguards would benefit the City and/or the citizeDs at Miami Beach. Rf!t!t\mm~thnon: The currem practice for cl~aning of uniforms sboul4 prevail. At 1he same time, ii the CIty is hemi paid by IZOD to have its employees wear uniforms with the logo. the employees should share in SO-pm:cnt of this compeusation. That money COGld be given to the Union's general fimd The Special Magistrate asks the City C01Tlmi~ciOD 10 reject the UniaG's petition for dress uniforms for lifeguards. 2S ,. . JlI-OZ-Z005 11: Z2AM FRl:M-AKERWJt smERF I TT +3053T4!lJJ!I T-48! P.030/050 F-249 PROMOTIONS - The Uuico was poinIed in its ~S when it urFl1be Special ~i~~.IC to urge the City to base promotioas OPly on scores from "JDe.t1 ~lII'I'Iinmom -"or oral examinations that cblt with 1P5....~k matters reJati-rlg to tbe job that ~~ answers that could be ~cmrcd in terms of accuracy. In short, me UDion asked tb8t "'cbc merit be put back into tbe merit system. .. Ofspecial concen1 to me Union was the possibility oflhc admjni~IM~ promoting their filvorite people in lieu of those wbo saxed highest on the e:ums. Currently, the Collective ~i!le Agreemem says 1bIt _least tbree oftbc tI3p candidates would be considered for promotion. That piase ~ least,n says 1be Union. invites otbcr ~~ to be put on the promotional list as opposed to the pmon receiving the higbcst score. The City argued that fadm:s other than wri~ 11:51: ~ enter imo sdecting people to be p-omoted pC1'9QlVllity ttaits and me ability to comxnunicatc wa od1ets are but tWo. Also, tbe City mDi~ aU that the current sysICI'll has served bod1me City and the U!1ion far more than ten years. To quote Union .A!II:1m:y Sugamum. who said many times during the counc oftbe Hearing. "If it's DOt broke, daD't fix it." The Union countered with me fact that ~i"~ for promotion can serve a probationary period and, iflbey do not ~up to me tc5pODsibilities ~ed by the new position. they can be sau back to their former positions. The City xauinded the Special Magistrate that this process can be not only time consuming, but costly as well. Tbe Union introduced SOQIC witneSSeS and rx~ ofthosc who claim they were DOt promotec1 as they sboWd. have been. '-"" 26 l' . .-.oz-Zo05 11: Z2AM FRCM-AKERIWI SEIf1'ERF I TT +3053T45Q9! T-485 P.031/050 F-Z48 1'be City teSpODded that far toO often SQJDeOCIC who MIS not selected b: "_, promotion will cry: "Foul!" Such is me case with the ~~ offered by- Union. Finally, the City ~ tbose present that it lIIs had a history of~on over existing procc:dures in bOIh the police aDd fitc ~. Becall~ oftbis, Slid Attorney CroslaDd, tba:e is DO more "rule of1btee." Qpinion: In the mind. ofme Special Magistrate, the demltf'rl by the Union m. 0Gty an objective teSt score (be it written or oral) form the sole criterion for promotioo is -- UDderstandable but unjustified. h is understandable in dIM. 011 paper, the mast qualified should be placed iDro a specific position, But, is a teSt scare the only :iliWdlw4 by which we judge wbo would best serve me City in a particular posjtion? The Special Magistrate thinks not. Fnmkly, that's not the way lbe real world acIS. Other factors must enteI'the picture when ~ ",;.1;01 for the best ca;dat.e for promotion. I.eadersJrip, persouality, and ~'rrilSJTl are but three qualities - cannot be measured tlu:ough a multip1c-cboice or essay exam. The biiba' up the ladder of responsibility a ~~ climbs, the 11KR important become these j~ples. Consideri1\g only exam scores (lhc position oftbe Union) as a basis D promotioc is also undcrstaDdable when we coml~ that. in the past, !am.e municip8Jiri- have promoted :tiieDds or relaUves ahead of the more qw~1ifiM That fear notWidIsmDding, there was not one example oftC,rc(l by the Union that the City of Miami ae.ch bas employed such a practice. -~ 27 T . .u.oz-2005 11: 23AM F~AKERflWl SENTERF I TT +3053T4!095 T~ P,032/050 F-2A8 "-' The Special Magistrate also recognizes that it: afIer IeSts have been UIkaI, the City would select candidates who 1311 far down tbc list in scores, this can give an appearance of favoritism or nepotism. The Special MagistnIte can UDdcmand how usiDg criteria other tbaD. 1ICSt scores for promotion can generate other ccmsequ.ences. The ~ report (March 23, 2(05) of Desiree Goodwin. the librarian from Harvard University, ~bo is suing the famed institqtion for its failure to promote her, is proof. The City, therefore, sboukl be aware of this possibility when it CODsid~ other ''meas~'' in recommcudmg }XIXDOuons. Reco~on: -' In light of the above:, lbc Special Magistrate urges the City Q>mmj.., to frame a compromise policy. He asks the Commission to reject the Union's Ploposal of selecting caid.~ based so1cly on exam scores. But, in order to maintain me proper spirit of promotions aDd to give vahle to test scores, be asks that the City C~$sion establish a policy that ODly the Mmqir1~ who score in me top three of pi"' ~ exams be CODSidered for oral interviews for a vacant position.. Such a policy would give proper weiglu to the qualifying exams, yet allow m311'gm3 ~ the opportuDicy to consid=- the SlrCalled mtRngibles often ncccssary for success in me new position. ........ 28 " '.--oZ-2005 11: 23AM FRtlHKERflM SEftTERF ITT +3Dm'45Di5 T-415 P.033/050 F-248 SICK/V ACATION LEAVE ACCRUAL CuD=tly, the police aDd ~~ have an I,,, I {A~ maxin'mm .~ of days that ttey can accrue. The UDioo, which "LlJ.1Qit1y bas 1bc same plan as AFSOdE and GSA, seeks the same benefit fer its l~n~ as are eajoyed by the FPO aad IAFF. The Union ~ ~ showing tbat tbe maximum for sicttftcation leave accrual iDcreased for the Unclassified and some o&:hc- Classified ~.1~. The: City countered with the faCt tbM these benefits were the result of other baa~g sessions. The City also reminded the Special Magistrate 1bat me Union is 411- 'Altiug to pick 1bc best frgm me ~ of all the other unions. n.: Union fails to meldon that these beDefits resulted from balrining SCS$iaos in which tbere was gi~. in order to generate an acceptable Collective Bargaining Apement. Qpinion: The Special Magistrate agrees with the City 011 lbis issue. The~ cited by the Union tbat lie currently liven to tbc FPO and lAFF have resulted ftom t.gaining. We do not know wbat either of these unions have back in retUm Therefore, lID accept the Union's plO~ based solely on this observation would be premature. Recnmm~Ation: The Special Magistrate sees move value in msri~ the statUS quo in this instance. - 29 .. . JIIHlZ-Z005 11: Z3AM FD-A1aIIWl SENTERF I TT +3053T45lli!l T~ P.034/050 F-Z49 TEMPORARY EMPLOYEES The City wmts 10 ~ me use of ttllllolld1j employees. CUl'mIdy dx: Collective Ba.a;\irti", AgreemerIt allows the City to bave 30 remporary ~ on itS payroll at any givm time; the City wishes to expaud this DUmber to 25% of_ unit (appro"m,~ 107) employees. Mr. Saul Fmnces. ParldDg Director for the City, sta1es that curJ:eDtly _ staff includes 37 officers and five supervisors. He would like 10 cxpaud 1bat ~ during peak times. The Union protested the City's cum:m use of 1aDpOlWY employees. Currently, says the Umoo, the City bas brought on so-caUcd 1""111f'">i...y employees aDd.,e worked them 40 hours a week, 11 mnndK of the year. 1bis is . way for the City 10 eliminate potential full-time employees," says Union Anomey SupLUoWU, .~us pI'(~:"'g our Union from pning IDCII'e meml:le1s." The Union, in Dc, wens to el"",~ mring of tcl11pQl1II'y employees altogether. The City argues tbat the wrium leuer of1he C-^JMive ~T11nl Alt=nent does ~t prohibit 1bis from luW'mng. The City ~tTWt tbat it saved II108CY when hiring temporary employees, siDcc it docs not have to pay friDge benefits, We '-ding pensions or the cost of medical coverage. The Unim suggested that temporary cmplo~ be hired only from a list ofthosc seeking fuUwtUne jobs. The City said this would not be posbble. It pointed oat that many of its temporary employees come from the raub of scbooIr~ers and otbt:d who do DOt seck pcrmspm positions, but only only sea50ZW empIoym.:m. '-' 30 ~ . .--oz-Z005 11: Z3AM FD-AIDM SEIfI'ERF' TT +3U53T49a5 T-485 P.035/050 F-248 ... Opiniun: In the miDd oftbc SpccWl Magisu'ate, the City is ~cally COA-ect wilen it StBtCS that tbey are followiDg the It:aer of tbe law. At the same time, mere is a . difference ~ doing the right l'hiDss md doing things me rigbt way. The City l.s ~ only a legal cnn~i~oa wi1h this issue, it also bas a mmal ~.non to its C'uu~ employees. In this in~, ibe City might be following the words oflhe CollectiTe Barpjning ~. But, is tbe City's action in !iDe witf:1 the intcmiOl1 of1be Agrecmcm? The Special ~i~. tbiDks DOt In fact. me City's appI'OICh ~ this issue borders on !be uaed:tical. It is ~ certaiDly, for 1bc City to cut back OIl ~ by hiriDg tanpOruy employees who agree to wode 40 hours a week in lieu of fI&ll-time workess. But. this -; docs not reflect the spirit oftbe Ag.~lt.ew The term ~alY employee" says what it is--a momc:mary filliDg of a vacaucy used as a saopgap nvoaqrre in the event of peak 9CtiOJ1S or un.foreseez1 circumstances. An employee wcd;ing 40 hours a week fer a stretch of 11 ~q is not a ''temporary employee." The City noted tbat the ~y oftbc one witDes5; supplied by me umon was a rare exception. Quite possibly. But, even this ODC ~Jt should DOt be p:esent. The Special Magistrate urges the City innn,.q,.~ to use a more boDIs definition of this term. This is not to say that tbe City should bite only from a list of potentiIIl fDll-tim.e employees as suggested by the Union. Nonetheless, temponIry employees sbould not become, in =Uity, full-time wtXkas who do DOt m.e in ~.elilS or UDion membership. 31 .-.02-2005 11: 24AM . FRCM-AtnWl SENTERF I TT +3mT4!0i5 T-485 P.036/050 F-249 R~..nmm~= The Special Magist:ne asks the City Commi~sica to mIIintain its JOCrice of hiring up to 30 tb11pulary c:mpIoya:s as the need arises. AI me same time. it should adopt a policy whereby a te~-i employee could WCIt up to 40 hours per week over a givC11 time-let's say a maximum of six months witbiD a period of 0IIe yea. The City, then, would have to decide wbdhcr or not to hire this pcscn as a fWl-time CIIployee. In this way, a tempoouy employee would be just dW-temporary. It could also serve as a probatioDary period in order to see if the ~I% could serve the City as a fuJI-lime wtdcr. RANDOM DRUG TESTING '0_'; As the HcariDg prop:ssed. tbis issue became rcsal\'ed through a Im~ 1 appreciation for the current times and combined ~Iitics of the City .. Union to ensure the public a drug-free c:avinmment wbmcvcr an employee handles "Aiapons, drugs or patiems. Emplo~ subject to rsm4nm drug testing would be: Ownmlll'iCltiom Operators Complaint ~.au... IT Crime Scene T~i~ I Crime Scene T~cian n Dispateher Di3p8U'ber Trainee Lifeguard 1 .' 32 , JlI-lIZ-Z005 11: Z4AM F~AICERtIM SENTERF I TT +3053T450i5 r-.e5 P. 0371050 F-Z49 J i~~rd n Lifeguard LieuleDant Police Photographer Pool Guard I Pool Guard n PlOtblY EvideDce Technician I ~ Evidmce Tedmician n Public Safety Specialist ODiDion: The Special Magistme IppJauds represcmatives of boIh me City _ die Union for mcir cooperative approach to this timely subject. ~9!Qm~A~9Il= The Special Magistrate asks the City Commi'l:llUwl to adapt the applicmon of random drug testing as c:ndoncd. by both the City and 1bc Union for the jobs . outlined above. ACCREDITATION AND CERTIFICATION PAY In tmDS of .Accreditation Pay, as of now, police lad firefighters recene an additional $50 per pay period becG~ they are members of an accredited dtt-twent. The Union wants emplo~ in the Pub and Recreation Department to get die same bonus. because this group, too, bas been acaedited by the National R.ccrc8tiaa md Pub Association. 33 " .-..oz-Z005 11: 24AM FD-AlaIiM SErf1'ERF I TT +ao53T4!m T-485 P.038/o5o F-249 The UnioI1 also noteS tbIr lifeguards aod odJm *' wodc in tbc two accredited '" . deparunems do DCIC IeCeive this e=a pay. The Union asks that tbey, too, Rai ~e the additional $50 per pay period. In ~tiOD. tile Union seeks Cc:rtitication Pay of SSO per pay pc:rioclb employees in me clatssificatiaos of Code Compliam:e ~ D and Code ec.pliance ~nistratars who obtain lad rn~in thcFACE Level ill and Code L.&...~t Professional a:rritil!Sltions. "lithe City wams to have more profnsioDal cmpk1yees," said Unicm Attorney Supnnan. '"'tbey would want to eDCOUIage employees to _ higher ratings." Mr. Su.ga.rman added that DObocly likes to see a code oompli,,'e officer. Tbae af&ets have the unenviable position of ~""'""';"g code violations IUd oft'cring cilatioas. The City refuses to aa:ept tbeUnion's proposal; City Attorney James Crosland views this as only IDOtber ~ 'It ( to get a wage increase. The City feels m. accreditation tor a patticular ...tmeat is given to the paofessiOl1a]s withiD me unit, not to staff and c1erica1 employees. The added accm:litari~ pay, therefore, staaId DOt be given to the suppoIt stat!: The City says that if 20 employees feU into the <'RP)' of receiving Cc:rtitication Pay, this would result in an i:acrease of$l,OOO per pay period or $20,000 C'X2ra per year. Cutrently only five people woWd be eligible for the cam c:ni1ication pay. Opinipn: The Special Magistrate agrees wjth the Union in ORe respect and wiIh tbc City in another. '". _oIl 34 , ~2005 11 :Z4AM ~AIHIM SEJrTERrITT +3n531'4SD15 T~ P.039/050 F-248 '-' ~ exna pay fer accrcditMion. the ~l Magimatc sides wiIh the City. In me real world oftbe ~i1Mion process. Ibc pm6cssionals are the Q8eS who come 'DJer the micro9cope. Tbcsc are the ~ tI.w~ wbo should recc:i~ the extra pay. "- As to ceni.ficariOQ pay, the employee should teeeive the reward h hisIber willingocss to iDcIcase skills aDd, as a result, value to tbe City. The City wOIlIkl be bettcr' served with code COD1p1ianee oflicms who receive bcucr, mce sophisti.calal Dining. Eaming credits toWard certi1k:ation should allow tbe ~yee to become beaer at hisIhet job. n~.u~f\,rc. by 1l;W.uKug me cmplo~ who .-ins extra Mllt"~ with certiftCation pay would, in the mind oftbe Special M_~~ prove to be a!llDUUd investment for tbe City. 1be UDioc ctid not convince 1he Special ~~ctnIIIP! that employees in the Parks and R.ecreation Dcparanem: sbould receive additional ~~"....JiMon pay. Recoryunc:ndation: For tbe reasous just cited. the Special MlIgiSf1'ldP. urges the City C~~ion to adopt the Union's proposal for certification pay and the City's stance on acc:n!Ctitation pay. LIFEGUARDIPOOL GUARD SCHEDULING Cum:mly,1ifcgwuds and pool guards wozK an eigbr--bour day, five days a week. The Union wisbcs 11) change 1hcse OD-duty times to 10 m.s a day, four days a week. The CUy wishes to ~lIIinna;n the CUIl"CDt pmctice. . , ...... 3S " .-.02-2005 11: Z4AM FDHKERWtIl SEmRF I TT +3053745Ue T.... P.04o/o50 F-W The 11Dicx1 iDa'oduced Wmcu Green, a pool guild, wbo sbowed - pards _./ working four 10-b0ur days would DOt only maimaitl the required safety of die pools, but, in all probability, save the City some money. The Union also sought to have a similar scbedule i1~ its lifeguards. Union wimesses ttstifiecJ that by having the beach patrolled for 10, hours each day (as of now they are patto11ed for eight hem during November, ~ber and January), some drownings could have bccD avoided. As to ~] expense to the City, the UnioI1l"~ that its plac would cost the City an added $36.S88.34 per year. The City, as it did carlic:r. cbaUeogtd the Uni.cG's estimav- of costS. 1be City claims, instead. m. wUb the to-hour Y'b~e, an ~ODJl12lifeguards would have to be hired; this would cost much more !ban the figure ci1I=d by the Union. Opinion: R.egantiugtbe pool guards, me Special Magi~ was impressed wish the detailed ~nn of the Uoiou!. In spite oftbe City's ~ony to the '(,,~, Al j, he is convinced that me UDion's plan could save money witbaut sacrificing me saic:ty oftbe swimmers. In tmnS of lifeguards. the Special Magi.stJ:me 1mly wrestled with Ibis issue. Based on the chaI~gcd acClJtllq of~ous figures ~ at the HC8riDg by the Union's econon,dl! CODSUltant. the Special MagisIraIe besirR~ to accept at flee value tbe Union's projected costs to substittU'e its plan for the cum:m practice. At the same time, he is keenly aware that we cm:mot place a price tag on 1be ulue of a human life. ,-"," 36 .. .--02-2005 11: Z4AM FRaHtJaWll smERF I TT +3ll53T45llI!l T..., P.041/050 F-249 WauId my oftbe victims of Ol-owning bccD saved bad a lifeguard J*llXled the . .... beach during the so-called "down" time? Nobody Jmows. But, the ~ cp:stion remains. In 1bis ~... the Special Master would DIIbc:r ''sin on the side of pee." RecQIJ1!"f'l'Wftttinn: The nabc:r cooibm.g ~e of costs, plus e:ffi:ctiVCDeSS, plus potetJtiallife- saving sjnllltlnnq causes dUs SpeciAl Magistrate to urge die City Conmtiq~ to initiate the Union's plan far four 1 ()..bcm days for its pool pas IDd ~ far ~ full year. Afterward, lcr n:speded l~t4C;p ..l.iuives from bo1h the Unicn and City, plus. least one objective thiJ:d party, honestly review the figures and ~aine if this sbwI4 be a continuiDg pactice or a l~-'P'" ft i solation. In the ~ oflhc Special Magimuc, this is 1be m way in wbidl we'll discover how ~ the Unkm pbm can be. '-' OSHA/ASBESTOS REMOVAL PROCEDURES The Union presented several instances in which DacCS ofasbcstos were discovered wid1iD blJil4ir,8'l on which employees were ~deJed to wolk. ~ construction 01' repairs of cxistiDg facilities, a~ was fc,UDd either in loose tom or contai4ed within WIIppings. The Union felt that this type ofworking ~ presents an cn.jangerment to me health of employees assigned to *se properties. It, tberefore, asked that prioI' to my conmuction and/or repair wOlk, the City survey each b8.i1ding. If asbcstDs is deter1J1i:oed to be 1Aesent, then either to rid the blJi1ql"& of the !~ce or to 37 .. JlIH2-2005 11: 25AM FROlHKERlWl SENTERf I TT +3O!3T4!D9! T-485 P.04Z/050 F-249 notify emp~. In addition, lbc UDion asted that me City educatc ~ as to how to recogDize asbestos and bow to deal with it if discovered. The City ~ed by ~g that at anytime it ~ the preseace of asbestos within a buUdiTlg. it ceased all activity until the tbreat was e mninate<J, QpiniQD.: OSHA has aImIdy o.lj~ for JDUDicipalitics the responsibilities it _ toward preventing employees from ~mg mdsmr-cd due to die presence of a::A~,s. To make such gui~ a part oftbe Collective BargainiDg A~t would add no fUrther protection for employ=s Ed would only add to me volume of1he Ap'eement. The Special Magisuate feels that the matter is akady addressed 1hl0UBh federal law. It docs DOt have to be made a part of the Agreemc:at. RecQJl1mPndMiaa.: Tbat being said, so that Union members might fed more comfortabJe prior to taking on the duties of constrUCtion and/or repair on a bIildiDg, the City sbould adopt a practicc of iDspectiAg each buikliDg prior to any work beinB. assigne4 and, through a writtcL'.l note to the employees. assure any wodter that the b- ,;~g bas been iDspected and that it is free of asbestos or, ifttx:rc is asbestos presem, 10 infmm employees where it is located. TUITION REIMBURSL~NT Section 8.24 oftbc CoUec:tive Bargaining ~t says: The City's tuition refimd program sbllll be COilri""ed for the term of the Agreemem. "- 38 . --. -.--.--- -- .-....--- .........:- ,;;...;.._---~~ ,. "' .u.ez-Z005 11 :Z5AM ~ SEJfl'ERF ITT +amr4!!W T..... P.043/o5o F-248 ".... The City wisba to t+-!" mis to read: Tbc ~ agree 1hat lhc mition _~c policy dated AIagI1St 26, 2004. shall ,,~ in effect for the <PPtinn of the Agreal1nst The AuguSt 26 policy to which the City !eferred ~~ 9Ol11f: spet;tic limits on the amount of mcmey that can be peid for specific courses. Part of the C01U:ml by the City lay in tbe fact 1hat it "ece4dy lost an .mtration ~ over some al~ unilateral rules changc!s wUI:D1t bc::Ddit of colle:ctive bergt\ining The Union coumcred widl me obscrvatiml that 1be. August 26 policy limits not only the cost per comse. but me UlUnJ..c:r of coqrses lbIt may be taken wilbin a given semester by an e:mp)oy=. In order for a lifeguard or pool pa-d to obtain m EMT certificate, sometimes belshe is required to take more lhm <me course at a time. The Union also p!mmnM lbosc present that tbe CDueztt language in the Collective '." Bargaining AgrecDcm is id~l to that use in the FOP, IAFF and AFSCME agreements. Opinion: It is in the best intereSt of the City to encourage lad foster advanced tDlining for EMT and other ccrrin~ tbat will, in tbe long run, o&:.r JID'C protectioa. to me citi2ens of~mi Beach. Any monies spent in tbae efforts will ~ly be the best iuvestmeatS by the City. Recorumentlmion: The Special Magistrate asks that the City keep lhc c.~ language .. appears in the Collective aarpning ~mmt, However, each c:mp1oyee should be limited to ~- . 39 .' J.IIHZ-2005 11: Z5AM FROIHIlEPJIWl SEJn'ERF I TT +amT4!508! T..... P. 0<</050 F-248 takin& only ODe ccmsc per S(w- ~, mrJess a co-i~l)~~ cc.se and/or 18b -- be takm in conjUDCtiou wi1h me ~ coarse. THREE AND ONE HALF OVERTIME PAY Cu.u~, if a U:aioD emp1o)'et is schedv1Nl U) waX 011 a holiday, beI* receives an additionall.S times bisIher pay. If. however, aD ~ is DOt !k"bedDled 10 work on a holiday aud is caUed into wcxk, belsbe receives an ~ one-time bisIiIer pay. The City 'Nisbg to chaDgc 1bis provision. If, says t!:Ic City, lID ~ is called in to work duriDg a boliday tbat bel_ bad planned to tIke oft that empJo,ee _uld rccci~c only 111 ~tiona11.S times bisIber pay. In 01tu:r lVarda, an employee who was called in to wert would receive me same rate ofpay as would someone ~,~ to .... worlc tbat holiday. The Union pnXCSI-ed Anamey SUp""MI poiIPd oc mat when an employee is callec:l from hisIber bame on a holiday, tbal employee's pIIDs 10 spend quality time with tiunily and ftimds are COtnpl..miV!rl That employee, be SIld, should be (;&-41 [DSAted for the added inconveu.i.eDce. QpiDion: This issue impIcts very few employees. nevenbdes:t, 1he Special u.c;lftate aar=s with the UniaG. In fact, be sees no justifntion wbMsoevc:r for the City 10 propose such a Ch&rlgf!. Calling an empJoyce from hisIba' home to wmk on a holiday imposes an imposition on tbat wotker. AdcIirlorutl compe:asat:ion is caly ~. 40 y .' ....Z005 11: Z5AM FROHKEM SEmRF I TT +3O!3T45095 T-.e5 P,045/o5o F-24I Recnmm""~: '-..-" . The Special Magistrate urges the City Cnn'm'IlcGnn to D'uritmtin the cmmt practice in terms of this issue. REPORTING PAY Cuu~y, Section 7.8 of the Collective a.~..~ Agreement reads: An ~'C who J.~ to weD: ai scheduled will be ~1w-1 eight (8) hours ofWDlk or eight (8) hams of pay; (or. fir 1hase 011 tm-baur a.,s. 1al hours ofwOlk or tell of pay); provided, bowervel', m. supervisors may assign c:mploy=s to perform any l' aVlll.,le work. The City urged its elimTnarioo front the Agreen~ bier.llse, in the wmds of Labor Relatil3JlS Dir=or Linda Go~~. "This never ~.. Others for the City argued that tbis Sectioa is obsolete aDd JUSt adds 11m'1ecessary wOId!s to the Conaxt. 1'bc Union testified mat this is a safeguard tbat pewnts the City from Gismissing someone who has shown up for wmk on a particular day Wltbout the ob1i~ to pay the employee for bis time aDd effort in tepOrting as scheduled Opinion: The Special Magistrate UDdcr'sDmds why the City coasi~ this p:ovisioI1 of the Agreement as being "obsolere" in light of history. At the same time, be call !ICC the concern expressed by Mr. Sllprt"stn for tbe Union. In 1be opinion of the Special Magistrate, the second concern far outWeighs the bcodit SIlgcsted by me City. '-' 41 .. .. Jll-GZ-Z005 11: Z5AM FRCM-A1lEM SENTERF I TT +m374!5m T'" P.046/050 F-248 , ..... Recon~' The ~SfJ ~~ asks tbe City Owmm-n.lD retain Section 7.8 in the Agreem.em as it \;uuem:ly .~ s. PAY FOR PERFORMANCE The City h:JI.:rn4lJeed a memod by which good, ~ .ctive workers CDtId earn more tban those wbo merely do just P-IV1IJgh to get by. "1t's a way to reward employees based upon pe&bn~c," said Anamey Crnsl~ In sbatt, each Union ~ycc would be: subjc:<:t to In enbumon JKDCCSS. SCates on these erT~~ woUld tha1 J- .. . .nine an employee's wage iDcrease (if my) for the followiDg 1is:a1 yez. 'Ihc City iDIroduC"Q records of some scores of enln-v-... that were 11Ied to determine raises b employees of other unious. Tbcse scores appeared to be DJCh higher ~ the average for those whose raises WC1'C DOt ~dent upon J~ :.'!Y- The Union believed that the c:uaeat sysrem of SICp ~ ~u.es bas wodFzd and should remain. Tbe Union also stated mat in the \;UU ~ mcde of operatioa.. if 111 employee does DOt score SO% 011 ~ evsllmtrion) tbat employee does not receive a step incIease in pay. Qplnlnn: 1bc City ~ to imply that scoteS on the ~~oas for those wboge raises are determined by the results are higbcr ~~ the ~ wodc:ed harder. Tbat may be the ~on, but the Special J.fi\8~- suspects there is umch more to 1be suxy. In the event an interviewer is rating an employee aDd that interviewer ~Jj7f'!q that a hiaher score would result in larger salary iDaeases, that ilw:rvicwer would be tempted ......., 42 r' .-.o2-Z005 11: 26AM ~ SEIfTERf ITT +3053T4!Da5 T-485 P.047/050 F-249 to give high=- nd:1..~. To c...'l....t.lhc scores gtvm by two setS ofintcrviewa's--one grolJp wbo knows 1bat the raUags will affect salaries _ .~ group who bows the ratings will bave lime, if any. effect 011 salaries--violaa::s die mQsmlental rules of sound statisticaJ analysis. In a llJ11:5beU. it's c.-a,paritlg apples with oranges. The Special Master, ~ore, was I10t ~~ ths the City's p1w:a b' "pay for performance" will p-oduce any ~ benefit to the empoyecs or to the City. 'R H!n1T'lTnM'lm.non: The Special Magistrate eDCOUIageS the City C~:$ion to maimain 1be status quo in this msmJct'. CONTRACTING OUT In an effort 10 expedite CODSUlU:tion or other watt lmIbJe to be ~~~ by Union members, the City wishes to contract OUT as~K""--vt-; and, in the evc:m any Union employee is laid oft', the City will only have to ask the DeW coattactor to give tile Union mc:mber first cocsidcntion for cy available wOIk. This cti:ffets from the \;wu.~ Ag:reemeDt that stacs that a Union nyomber is to be the fixst consideration to be hired by the conll'aCtOr. The Union strongly opposed this. '"It's just anodII:lr plaG to cut back oa me UniOn,'1 said Attomey Sugarman. Opinion: The Special Magistrate may not go as far as A.nDJ:Dey Sugarman and sugest that this is a carefully coaceived plaa by me City to undermiDe me Union. At 1hc Imle time, the cun'Cllt procedure in which jobs of Union members ~in protected in me event of ....~ 43 ,. J1IH2-2005 11 : 26AM FRaHKERIIWI SEmRF I TT +3OS3T4!m T-485 P.048/050 F-ZA8 contr~..ting Out seems to work well. There was DO jusl a\. ~ "'" presented by 1be City to _.' alter the existing J:IIocedu..~. Recol1'l'l"~ation: The Special Magistrates rew-1'1'~S no ctumgJ! in me cunent A.grc:c:mmt as to this issue. EMT LIFEGUARD PAY As of now, 1ifcgualds (wbo are in the Ocean R.csc:ue Division and rc:part to the . Fire Chief) with EMT cen:ificatioo. receive S% extra pay. On lhc other haad, firefighters with EM'! cenification receive 1 ~% extra pay just ~.. they have EMT Certification. Those who are AScrigJ1ed fUll-time to me Fire Rescue Divisioo _ bave .~ been on the force for at least one year, receive an ~l 5% pay the first )leIl' and 9% extra for each year tbcrcafter. The Union wants the same C~cation Pay to be paid to lifegu,atds with EMT certiti~ The City countfted with 1bc observation 1hat tber:e arc no firefighters JeCeiving an extra S% or 90/0. Were the City to adopt the Union's ..oipOSal,. it would cost me City an extra $67,000 per year. . Opinion: In reality, no firefighter receives the 90~ extra pay-a fact supported by Union representatives. As a result, the Special Magistrate can see DO justification ill altering the existing policy. . ... 44 II ,. JlIH2-ztIQ5 11 :Z6AM F~ smERfITT +amr~ r...... P. 0491050 F-Z49 R~m~' The Special Magi5U*S urges the City Cv...1.1i ...., make 110 .111 ~ in the current practice. CONCLUSION SiJ:Ice 2003. the City aad me UDion have beca r{klY~ to tbe puI~ IT .rj of working wi1bou:t a Collective BIrV-;,I;lIg ~. Such aD ~ pJerates uneasiness, suspit":jnnJ rumors aDd a spirit Ofcooftt"l~ rMberthan ~....,jse. Both sides, in tbe ~ oftbe Special ~~~J cdnbitcd a wfnv~ess to settle and, at the same time, ~~nll;',dt COI4mt to dig-in 1IIdr beds (~ !DIne speciflC issues. Both sides tledicated loa& boa:rs to these dirn-itwK. The Special Magisttate "-" marvels attbeirwiUingness to curb 'e.I'~S aDdl1'Ainmin a'\ aunospbete at profcs.~on.sq;!Un In the beat of discussion, represealatives from bcIh ~ are often ""'f,..-d to resort to ad hominem ~ to pettifhggin& ;md to nMiM..nott. Tbe ~al MagistrateS wishes to go on record of~ bad1 ~ Attorney Crosland and A1:u1mey Sugamum-in their efforts to keep all of these to a ~um. Tbrougbout the years of dclibe:rations. fetol1n~ baw been hurt. A~rions have been made. The Special Master realizes that the lack oflrU!t is the slowest wound to heal. However, be urges both sides to put the past bebiQd them and to ~ torward to ensure an even brigbrer fu11Ire fCII'the City of Miami BeIdI The City, in his gpinion, bas - 4S "''';'1 , .--oz-Z005 11: Z6AM F.AKERWIt SEmRF I TT +3O!3T45lJe T-485 P.050/050 F-249 a soUIJd ~1 footing, a ~ City ~,qnnJ a "'-i!m!~c, pro@t~:ve City Manager and an ~~ce oftalcm amoug its WCqtfua~ The Special Magisuatc bas eujoyed his expc:ric:D=s with both sides in lbis effort. While is di~iDted 1hat an ~ could not be ~ M at the bau.p~ table, he does ~tion tbe City Corm'njCl~ to consitier his ~ n. .ri~~sn;oDS and bJpa that they will as3ist in me fwmul~rion of 1m acceptable Collective Blrpining Agreemcur May 28, 2005 Pon Orange, Florida C. McCollister, PILD. . Magistrate 46