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