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Resolution 2018-30355RESOLUTION NO. 2018 -30355 A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IMPOSING A ONE -YEAR CONTRACT RESOLVING THE IMPASSE ITEMS BETWEEN THE CITY AND THE COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178 FOR THE PERIOD OF OCTOBER 1, 2015 to SEPTEMBER 30, 2016. WHEREAS, the City Manager is submitting to the Mayor and City Commission the attached imposed Labor Agreement resolving the impasse items between the City of Miami Beach and the Communications Workers of America (CWA), which is the bargaining agent certified by the Public Employees Relations Commission (PERC) for those employees covered by the Agreement; and WHEREAS, the CWA Labor Agreement was for a three year period of time, which was effective from October 1, 2012 through September 30, 2015, and is now deemed to be expired; and WHEREAS, the Mayor and City Commission conducted an impasse hearing on April 13, 2018 regarding this matter, and formally resolved those impasse matters consistent with Section 447.403 of the Florida Statute. WHEREAS, the CWA bargaining unit has affirmatively ratified the attached Agreement that encapsulates the resolution of the impasse, and the City Manager recommends that the Mayor and City Commission ratify and authorize the execution of the Agreement between the City and the Communications Workers of America Union; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor Agreement between the City and CWA Local 3178 for the period covering October 1, 2015, through September 30, 2016, is hereby ratified, and the Mayor and City Clerk are authorized to execute the Agreement. PASSED and ADOPTED this 6 day of June, 2018. ATTEST: r -bat tsirv- Rafael . Granado, City Clerk Gelber, Mayor APPROVED AS TO FO GUAGE CUTION MIAM BEACH Resolutions - R7 J COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 6, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IMPOSING A ONE -YEAR CONTRACT RESOLVING THE IMPASSE ITEMS BETWEEN THE CITY AND THE COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178 FOR THE PERIOD OF OCTOBER 1, 2015 to SEPTEMBER 30, 2016. RECOMMENDATION The Administration recommends the City Commission adopt the resolution. ANALYSIS The City of Miami Beach has the following five (5) classified employee groups that are represented by bargaining units: • Group I - Represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; • Group 11 - Represented by the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; • Group III - Represented by the International Association of Firefighters (IAFF) Local 1510; • Group IV - Represented by the Communications Workers of America (CWA) Local 3178; and • Group V - Represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local 100. The Communications Workers of America, Local 3178 is the Collective Bargaining Agent for the employees contained within the Certified Bargaining Unit employed with the City of Miami Beach. The CWA Agreement covers over 60 job classifications. The parties' current Collective Bargaining Agreement expired on September 30, 2015. The parties met and bargained in over twenty (20) sessions. During bargaining, the City offered raises for each year of a three -year contract and hoped to receive in return certain management control issues. On January 19, 2017, the City of Miami Beach notified the Public Employees Relations Commission that the parties had reached an impasse and requested a list of available special magistrates. The parties held additional bargaining sessions but ultimately were not able to reach an agreement. During these two years, CVVA bargaining unit members received zero (0 %) cost of living adjustments or across- the -board wage increases. On February 21, 2017, the parties were notified of the selection of the Special Magistrate. On March 2, 2017, pursuant to Florida Administrative Code Rule 60CC- 3.005, CWA filed its list of issues to be considered. On or about March 3, 2017, the City filed its list of issues. At hearing, CWA submitted its Page 878 of 1103 impasse position and the City presented a list of its impasse issues. The hearing took place on July 18, 19, 20, and 21, and continued to conclusion on August 24 and 25, 2017. Following the impasse hearing, both the City and CWA submitted a brief to the Special Magistrate. On December 18, 2017, the Special Magistrate made his recommendations. The Special Magistrate's recommendation is only advisory, not binding. On January 5th, 2018, the City and CWA each rejected all or part of the Special Magistrates recommendations. Florida law gives final authority and responsibility to the City Commission to resolve the impasse in bargaining between the City and the CWA. The City Commission may consider and resolve only items that are "properly" at impasse — items that were negotiated at the bargaining table on which no agreement was reached. At this point, a public hearing was set for April 13th, 2018 by the City Commission to resolve the issues at impasse. During the impasse hearing on April 13th, 2018, both the CWA and the City presented and explained their position on the various disputed items to the Mayor and City Commission. At the conclusion of the Impasse hearing, the Commission concluded the following: 1.3 Job Classifications /Audits — The City and Union will negotiate the final rate and the effective date will be part of the negotiations process. 2.11 Information To Be Provided To Union By City. a) A listing of all bargaining unit employees electronically every pay period to include the employee's name, address, I.D. number, department assignment, and date of hire, except where such information is exempt from the definition of public records as established by Florida Statutes 119.07 (3) (i). 4.6 Arbitration f) All arbitration costs, including the cost of the arbitrator, stenographic reporting of the arbitration hearing,(for an original and one copy), and the venue rental if City space is unavailable shall be divided equally between the employer and the bargaining agent, or if the bargaining agent has determined not to process the grievance through arbitration, between the employer and the employee(s). Any cancellation fees will be borne wholly by the party cancelling. Each party will pay the cost of presenting its own case. 4.7 Differences Concerning Personnel Rules A difference of opinion with respect to the meaning or application of the Personnel Rules which directly affects wages, hours, or working conditions may be submitted by the employee or the Union President (or his /her designee) to the City Manager's designee for Labor Relations within ten (10) days after the occurrence of the event giving rise to the difference of opinion. The City Manager's designee for Labor Relations shall discuss the matter with the employee and the Union Representative at a time mutually agreeable to the parties. If no settlement is reached at this meeting, the employee may submit a grievance through the grievance process as set forth in Section 4.5. 4.8 Union Time Bank. A cap of twenty (20) hours a month, per union representative, can be used for union business from the Union Time Bank. Page 879 of 1103 7.4 Overtime. Only actual hours worked shall be considered for the purposes of computing overtime. For example, paid leave including but not limited to any Annual, , Sick, Family Medical Leave, Birthday, Floater, Bereavement, Administrative Leave and union time pool hours shall not be considered as time worked for the purpose of computing overtime. Effective upon ratification of this agreement, employees shall no longer earn compensatory time in lieu of overtime. Any existing compensatory time, when used, will not be considered as time worked for purposes of computing overtime. 7.6 Holiday Celebration and Pay for Working on Holiday. 4. Effective upon ratification of this agreement, employees not assigned to a Monday — Friday shift will be paid Holiday Pay on the actual date of the holiday and not the date the City observes the holiday. 8.1 Wages Effective October 1st, 2017, there shall be a three percent (3 %) across the board wage increase for any CWA bargaining unit positions. Also, there shall be a three percent (3 %) increase to the minimums and maximums of each job classification range. Employees who receive a score of three (3) or above shall receive a two percent (2 %) increase on their merit review date, provided that the employees' base pay shall not exceed the maximum of the pay range for their classification. Ratings shall be 1 through 5 as follows: 1 equals unsatisfactory, 2 equals needs improvement, 3 equals meets expectations, 4 equals exceeds expectations and 5 equals significantly exceeds expectations. Performance evaluation increases may total no more than two percent (2 %). Employees who receive a score of less than three (3) shall not receive a merit increase. Performance Improvement Plans will be implemented after a less than satisfactory evaluation. The employee's performance will be reevaluated after 90 days. If acceptable performance is not achieved after 90 days, the employee will be given a second 90 day Performance Improvement Plan. Managers will advise the employee intermittently through the Performance Improvement period regarding their progress and suggested improvements. If a satisfactory rating is not achieved after two consecutive 90 day Performance Improvement plans, the employee may be disciplined up to and including termination. If an employee is eligible for a merit increase, merit increase will be effective the beginning of the pay period immediately following the new satisfactory performance rating. 8.2 Shift Differential. Effective upon ratification of this agreement, where a majority of an employee's regularly assigned shift hours fall between 3:OOp.m. and 11:OOp.m., the employee shall receive a shift differential of forty- five cents ($.45) per hour for work performed after 3:OOpm. 8.10 Tool Allowance. Effective upon ratification of this agreement, employees in those classifications who are required to provide their own personal tools as part of the job duties shall be entitled to an increase from $17.50 to $20.00 per pay period for the purchase of new /replacement tools. Page 880 of 1103 8.11 Uniform Provision. a) Lifeguards and full -time pool guards shall be provided with one (1) sweat suit per year, and a winter jacket every five (5) years. Six (6) long sleeved /short sleeved shirts or any combination thereof shall be provided annually to Lifeguard I, II, Lieutenant, Pool Guard I, and II,. Female lifeguards and pool guards will be provided 6 swimsuits annually, or replaced as needed. 8.12 Insurance. b) The City agrees that it will not change the level of benefits during the term of this Agreement without first consulting with the Group Insurance Board, or a labor- management advisory committee created as a substitute for such Board, such attendance shall not be counted against the Union Time Bank. The designated Union representative may serve on this Board /committee for as long as bargaining unit employees participate, exclusively, in the City's group health insurance plan. In the event that the City materially reduces the scope and level of benefits in the current base (PPO or HMO) plan then the Union may request post - implementation impact bargaining. (Section deleted) 8.16 Public Safety. 1. Public Safety Communications Unit (PSCU) b) Upon being certified by the Fire Chief as being fully qualified to dispatch both Police and Fire calls, a Dispatcher will receive a three percent (3 %) increase (in lieu of the prior one -step increase) while assigned to PSCU. The City can require employees to dispatch both Police and Fire calls. However, an employee hired before September of 1995 who is not already trained in both police and fire calls as of the April 8, 2002, can continue to dispatch either fire or police calls; c) Effective upon ratification of this agreement, Dispatchers, Communication Operators, and Complaint Operator II's who are designated as certified training officers shall increase from one to two dollars per hour for all hours worked in a training capacity. All employees who express an interest and whose last performance evaluation was satisfactory shall be considered eligible for certification as a CTO. Generally, an employee without CTO certification shall not be required to perform in a training capacity unless a CTO is not available. However, if a Non -CTO is mandated to train, he /she will also receive the stipend. 2. Police a) Crime Analyst Specialist — Effective upon ratification of this agreement, the pay grade for Crime Analyst Specialist will change from H26 to H32. 3. Pool Guards a) WSI Certification — Effective upon ratification of this agreement, WSI certified Pool Guards will be paid $300 per year. 4. Marine Pay a) Effective upon ratification of this agreement, any qualified employee (a Lifeguard II or higher with a Page 881 of 1103 valid Captain's license) shall receive assignment pay for hours worked on the Ocean Rescue Emergency Vessel equivalent to 2.5% of base hourly rate. 8.17 Enforcement 1. Code Compliance a) The City will send Code Compliance Officer 1 employees to "FACE Level 1" training and, if certified, to "FACE Level 2" training within the first 18 months of employment. Employees who successfully complete both trainings will be promoted to Code Compliance Officer II after 30 months of continuous employment as a Code Compliance Officer I. b) Effective upon ratification of this agreement, Code Compliance Officer I pay range will be increased from H26 to H27. Effective upon ratification of this agreement, any Code Compliance Officer I employee whose pay is less than the H27 minimum will receive a pay increase to the H27 minimum. This adjustment will be reflected in any merit pay awarded for Fiscal Year 2017. c) Effective upon ratification of this agreement, Code Compliance Officer 11 pay range will be increased from H28 to H31. Effective upon ratification of this agreement, any Code Compliance Officer 1 employee whose pay is less than the H31 minimum will receive a pay increase to the H31 minimum. This adjustment will be reflected in any merit pay awarded for Fiscal Year 2017. d) Effective upon ratification of this agreement, Code Compliance Officer 1 and Code Compliance Officer 11 who are designated by the Code Compliance Director as certified training officers shall receive two ($2) dollars per hour for all hours worked in a training capacity. All employees who express an interest and whose last performance evaluation was satisfactory shall be considered eligible for certification as a CTO. Generally, an employee without CTO certification shall not be required to perform in a training capacity unless CTO is not available. However, if a non -CTO is mandated to train, he /she will also receive the stipend. 2. Parking Department a) Effective upon ratification of this agreement, Parking Meter Technician I pay range will be increased from H23 to H25. b) Effective upon ratification of this agreement, Parking Meter Technician 11 pay range will be increased from H25 to H27. c) Effective upon ratification of this agreement, Parking Enforcement Officer 1 and Parking Enforcement Officer 11 who are designated by the Parking Director as certified training officers shall receive two ($2) dollars per hour for all hours worked in a training capacity. All employees who express an interest and whose last performance evaluation was satisfactory shall be considered eligible for certification as a CTO. Generally, an employee without CTO certification shall not be required to perform in a training capacity unless CTO is not available, However, if a non -CTO is mandated to train, he /she will also receive the stipend. 8.24 EMT Certification. Lifeguard 1, Lifeguard 11, Lifeguard Lieutenants, and Full -time Pool Guards who were receiving an Emergency Medical Technician (EMT) Certification Pay supplement on September 29, 2012, shall continue to be eligible to receive the equivalent dollar value of the amount that they were receiving for said EMT Pay supplement. Qualifying employees shall receive this pay supplement on a biweekly basis provided that they have continuously maintained their (EMT) certification by the State of Florida. This benefit shall be a flat -rate, non- compounding dollar value. Page 882 of 1103 Effective upon ratification of this agreement, all Lifeguard I, Lifeguard II and Lifeguard Lieutenants employees hired on or after September 30, 2011 shall be required to have and maintain an Emergency Medical Technician (EMT) certification issued by the State of Florida prior to being hired by the City of Miami Beach and shall be entitled to receive a one and one half percent (1.5 %) EMT Certification Pay supplement calculated on their base pay. 8.25 Paid Parental Leave. — Effective upon ratification of this agreement, the City's current paid parental leave program will be available to bargaining unit members. 9.6 "Temporary Employees ". - The City shall have the unrestricted right to hire "temporary" employees in the bargaining unit. Such "temporary" employees shall be paid at rates set in the sole discretion of management. "Temporary" employees may not work in a classification wherein a permanent Civil Service employee is laid off. "Temporary" employees shall not be covered by Civil Service or Personnel Board Rules, and they shall serve at the will of their employer without right of appeal or access to the grievance procedure contained herein, and they shall not receive any fringe benefits or pension benefits. Terminated "temporary" employees may be re -hired if their separation is under honorable circumstances. Regarding temporary positions, it is understood that those positions were not limited to, but could be used to develop a cadre of employees who, on short notice, could serve as backup for regular employees or for such things as vacancies caused by absences due to maternity, military leave, sick leave, off -duty injury, on -duty injury, and work overload. The examples cited herein are not meant to be all inclusive. It is further recognized that employees who retire "in good standing" who may be interested in working on a temporary, part -time basis, and should temporary work become available, the retired employees will have the opportunity to make application for one of the temporary positions. Such part -time positions shall not be covered by Civil Service rules or regulations, will have no fringe or pension benefits, and the salary shall be at a rate determined by the City. Further, the temporary employees shall not have a choice of picking schedules, but will be assigned by the City's management on an as needed, when needed, basis. 9.10 Glasses and Hats. Effective upon ratification of this agreement, the City agrees to reimburse Lifeguards; Pool Guards I and II; Code Compliance Officers 1, II, and Administrators; and Parking Enforcement Specialist I and II for the purchase and /or repair of sunglasses up to a maximum allowable reimbursement of $125.00 per employee in each fiscal year. 9.11 Notification in the Event of Transfer or Contracting Out This recall right shall exist for up to the individual's total service time with the City, but not to exceed one (1) year after the date of the person's layoff date, but such recall right shall cease as of one (1) year after layoff, or if the employee does not return to work as scheduled if he /she is offered a recall notice prior to the one (1) year. 9.18 Beach Patrol Promotions. - The parties agree as follows: Page 883 of 1103 1) To be eligible, applicants must possess and maintain, at the time of application, the Florida Emergency Medical Technician (EMT) Certification. 2) During the first promotional opportunity for Lifeguard II and Lifeguard Lieutenant subsequent to ratification of this Agreement, applicants who are not EMT certified shall be eligible to apply for the promotional exam. If promoted, the employee shall have 12 months from his /her promotional date to obtain such certification. Should the employee fail to obtain his /her EMT Certification, the employee will not be eligible to retain regular status in the promotional classification nor will he /she be eligible to maintain his /her promotional rank. The employee shall be demoted to his /her previously held classification. 3) Eligible applicants for promotional exams shall be given a written. 4) Lifeguards must have passed their last bi- annual swim test of 550 yards under 10 minutes in order to apply for the promotional exam. 5) Applicants must have received at least a satisfactory evaluation in each element of their most recent performance review to be eligible to take the promotional examination. 6) The written tests shall be developed under the direction of Human Resources. The reading list for examination materials from which the questions are drawn will be set by the City Manager's designee for Human Resources after consultation with the Department Director and the Union. Any reading lists will be posted at least thirty (30) days prior to the administration of such tests. A copy of an examinee's graded answer sheet shall be furnished to the examinee upon completion of the grading, if requested. All challenges of questions on the written tests must be made in writing to the City Manager's designee for Human Resources within two (2) working days of the testing dates and he /she shall conclusively decide the challenge. 7) Promotional lists shall expire two (2) years after the posting of the results of a promotional test or where lists have been combined, two (2) years after the combining of the old and new lists. 8) The rule of three (3) will be used in selecting the candidate(s) for promotion. 10 Drug and Alcohol Testing The addition of MDAas a listed drug to be tested. If the employee is or claims to be unable to provide an adequate sample, a blood test will be performed. Any refusal by an employee to consent to the blood test will result in a positive result. CONCLUSION The Mayor and City Commission's recommendation ensures that the City of Miami beach will meet its goals of ensuring and continuing fiscal responsibility, hiring and retaining the best qualified and highest quality employees, and maintaining a good and competitive pay and benefits package, while providing for an equitable contract for both the City, the CWA bargaining unit members, and all employees. Legislative Tracking Human Resources Page 884 of 1103