Resolution 2019-31106 RESOLUTION NO. 2019-31106
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RATIFYING A THREE(3)YEAR LABOR AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME), LOCAL NO. 1554, FOR THE
PERIOD FROM MAY 1, 2019 THROUGH APRIL 30, 2022; AND AUTHORIZING THE
MAYOR, CITY MANGER TO EXECUTE THE AGREEMENT
WHEREAS, the City Manager has submitted to the Mayor and City Commission the attached Labor
Agreement, recently negotiated between the City of Miami Beach ("City") and the American Federation of
State, County and Municipal Employees (AFSCME), Local No. 1554, for the employees covered by said
Agreement for the period covering May 1, 2019 through April 30, 2022; and
WHEREAS, the previous Labor Agreement was for a three-year period from May 1, 2016, through
April 30, 2019; and
WHEREAS, Exhibit A to this resolution is a copy of the contract language changes in substantial form
that reflects the pension and economic issues,and the non-economic issues tentatively agreed to between the
City and the AFSCME; and
WHEREAS, any changes to the substantial form would be non-material in nature as determined by
the City Attorney and the AFSCME, or else would require re-ratification by the City Commission and AFSCME;
and
WHEREAS, the AFSCME bargaining unit employees held a ratification vote on November 14, 2019
whereby the proposed 2019-2022 Labor Agreement was approved by 92 members and opposed by 34 of the
bargaining unit members who voted; and
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the attached three (3) year labor Agreement with the AFSCME,
Local No. 1554 bargaining unit for the time period covering May 1, 2019 through April 30, 2022 is authorized
and approved; and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City
of Miami Beach.
PASSED AND ADOPTED this // day of December, 2019.
ATTEST:
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Dan Gelber, Mayor
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Jimmy L. Morales, City Manager
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 11, 2019
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, (AFSCME), LOCAL NO. 1554, FOR THE PERIOD FROM MAY
1, 2019 THROUGH APRIL 30, 2022; AND AUTHORIZING THE MAYOR, CITY
MANAGER TO EXECUTE THE AGREEMENT.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
The City's workforce is divided into seven salary groups: (1) those covered by the American
Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit;
(2) those covered by the Communications Workers of America, Local 3178 (CWA) bargaining
unit; (3) those covered by the Government Supervisors Association of Florida/OPEIU, Local
100 (GSA) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols
Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire
Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassified; and (7) "Others" (classified
service employees not represented by a bargaining unit).
ANALYSIS
On April 30, 2019, the three-year collective bargaining agreement between the City of Miami
Beach and the AFSCME (covering the period of May 1, 2019 through April 30, 2022) expired.
The City and AFSCME began meeting in May 7, 2019 to negotiate a successor agreement.
After six formal negotiation sessions, on October 28, 2019, the City and AFSCME reached a
tentative three-year agreement covering the period of May 1, 2019 through April 30, 2022.
The AFSCME leadership held a ratification vote on the proposed agreement on Thursday,
November 14, 2019. As per the attached email from the AFSCME President, Carlos George,
the agreement was ratified by the employee bargaining unit members.
The following is a summary of the newly negotiated terms between the parties:
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COST-OF-LIVING ADJUSTMENTS (COLA)
8.1 -Wages:
COLA: Effective with the first full pay period ending in April of 2019- 1%
Effective with the first full pay period ending in July of 2020- 1%
Effective with the first full pay period ending in July of 2021- 1% (2% possible if 2020 general
fund revenues increase by more than 11%)
OTHER FISCAL ITEMS
Section 7.12 Call-In and Call-Back Pay.
An employee who is called to work outside of his/her normal hours of work will be guaranteed
four(4) hours of work or four(4) hours of pay at the applicable rate.
Section 7.14 Standby.
Employees in Public Works, Property Management, Fleet Management and Parks and
Recreation not expressly assigned to standby status who are contacted via telephone outside of
their normal hours of work will receive two (2) hours of straight time as a Standby pay. Any such
telephone conversation must be initiated only by the Public Works Director, Property
Management Director, Fleet Management Director or the Parks and Recreation Director or their
designee.
Section 8.4 Holiday Pay.
For work on a holiday falling on an employee's regularly scheduled work day, he/she shall be
paid for the number of hours actually worked at one and one-half of their regular rate,
irrespective of whether the employee has worked in excess of forty (40) hours in the applicable
work week, plus eight (8) or ten (10) hours holiday pay, depending on the number of hours in the
employee's regularly assigned work shift, at the regular rate of pay.
Should an employee be required to work on a holiday falling on his/her day off, he/she shall be
paid for the number of hours actually worked at one and one-half of their regular rate,
irrespective of whether the employee has worked in excess of forty (40) hours in the applicable
work week, plus eight (8) or ten (10) hours holiday pay, depending on the number of hours in the
employee's regularly assigned work shift, at the regular rate of pay.
Section 8.6 (b) Cleaning Allowance.
All full-time employees will receive a monthly cleaning allowance of twenty dollars ($20) a month
for fiscal year 2019/2020; forty dollars ($40) a month for fiscal year 2020/2021; and sixty dollars
($60)a month for fiscal year 2021/2022.
Section 8.9 Meal Allowance.
An employee who works three (3) consecutive hours or more of pre shift or post shift overtime,
commencing within 30 minutes of regular shift starting or ending time, or has a split shift with at
least two hours between the regular shift and the overtime shift shall be paid $15.00 unless
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meals are provided by the City.
Section 8.15 Certificates.
For the Water Distribution section ONLY the following will apply:
Employees who obtain and maintain a Class 1, Class 2 or Class 3 Water Distribution System
Operator License issued by the Florida Department of Environmental Protection shall receive
an annual, non-pensionable, pay supplement accrued monthly and paid out annually every
September.
• Class 1 - $150/month
• Class 2 - $65/month
• Class 3 - $50/month
*** This incentive will not apply to employees classified as Operator's who are currently not in
the bargaining unit even if this classification subsequently becomes part of the bargaining unit.
Section 8.20 Skill Pay Supplement.
The maximum Skill Pay Supplement Benefit is $300.00/month.
Section 8.22 Essential Personnel (Hurricane Pay).
Employees ordered to work shall be paid at double their straight hourly wages for all hours
worked for up to three (3) days irrespective of whether the employee has worked in excess of
forty (40) hours in the applicable work week.
Section 8.23 Landfall Team.
Payment for hours actually worked during a declared emergency event will be paid at time and
one half irrespective of whether the employee has worked in excess of forty (40) hours in the
applicable work week.
Section 8.24 Vacation Leave Sell Back Program (NEW)
Employees will have the option to sell back their annual vacation leave accrual for a cash payout
of a maximum of (80) hours vacation on a one-time basis upon ratification. Employees must
maintain a minimum of 140 hours after the one-time payout. To elect this option, eligible
employees must submit a completed form to the City between the designated 45-day window.
The 45-day window will be agreed upon between the City and the Union upon ratification of this
Agreement.
In accordance with applicable City ordinances, this early vacation payout shall count towards,
and will be subtracted from, the maximum payout of leave upon separation.
Section 8.25 One-Time Early Retirement (NEW)
Effective upon ratification of this Agreement and after modification of the MBERS ordinance, a
one-time opportunity for an early retirement incentive plan (ERI P)will be offered to all AFSCME
bargaining unit members who are also members of the MBERS and have achieved a score of
75 or greater when combining age with years of creditable service. To elect the ERIP, an
eligible member must submit a completed election form to the City within the designated 60-day
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window. The 60-day window will be agreed upon between the City and the Union once the
MBERS ordinance is amended. Members who elect the ERIP must terminate employment with
the City and retire after meeting all ERIP eligibility requirements, but not later than June 26,
2020. The amount of the retirement benefit payable to a member who elects the ERI P shall be
equal to the pension benefit accrued by such member at the time of retirement with no reduction
for early retirement.
MISCELLANEOUS
Section 1.5 Information to be Provided to Union by City.
1. Name
2. Home address
3. Home phone number
4. Department
5. Position classification
6. Starting date
7. Hourly wage
Subject to exemptions provided in the Florida Statutes Chapter 119. May be requested up to
three times a calendar year.
Section 7.5 Distribution of Overtime Opportunity.
Overtime work will be distributed equally as practicable among employees in the same job
classification and City division provided employees are qualified and possess the specific skills
to perform the specific overtime work required with the exception of overtime associated with
completion of work in progress.
Section 7.7 Paid Leave as Time Worked for Purpose of Computing Overtime.
When an employee is sent home on administrative leave, of up to eight (8) hours, to rest after
working eighteen (18) hours or more in a 24-hour period, as a result of an operational
emergency or management need, such period of administrative leave shall be considered as
time worked for the purposes of computing overtime.
Section 8.12 Bereavement.
Employees may request three (3) scheduled work days off if the funeral is more than 200 miles
from home.
ARTICLE 9: Seniority
Seniority shall be measured by the full-time date of employment with the City.
Section 9.11 Temporary Employees.
Effective upon ratification of this Agreement, 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.
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"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.
Section 10.1 Work Rules and Incorporation of Personnel Rules.
The City will give the Union ten (10) day notice to any changes to work, personal, and
department policy, before implementing such rules.
Section 10.2 Clean-up Time.
Employees shall be allowed up to fifteen (15) minutes clean-up time, at the end of their shift, to
include personal and work area cleanup time.
Section 10.3 Safety.
During hot weather days, as determined by OSHA heat index, employees will be provided with
adequate amounts of water and provided with shade, hats, and sunscreen. The City will train
workers on heat related illnesses and what to do in emergencies, risk factors, and prevention.
Section 10.11 Negotiation Pay.
Up to six members of the Union's negotiating team shall be paid for all time spent in
negotiations.
Section 10.14 Perfect Attendance Bonus.
Use of one (1) Religious/sick and one (1) Bereavement/sick shall not be counted against
employees under this section for attendance ratings.
ARTICLE 11: DRUG &ALCOHOL TESTING
Hallucinogens added to the test panel.
CONCLUSION
The Administration finds the provisions of this contract fair to the employees and fiscally
responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the
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resolution is a copy of the proposed labor agreement.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Legislative Tracking
Human Resources
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