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:
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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
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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?"
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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.
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- _------•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
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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
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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
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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
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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 ~.
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