Resolution 2024-33418RESOLUTION NO. 2024-33418
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FINDING THAT THERE IS GOOD
FAITH EVIDENCE INDICATING THAT THE COMMUNICATION
WORKERS OF AMERICA, LOCAL 3178 (THE "CWA") HAS
MAJORITY SUPPORT FOR CERTIFICATION; AND FURTHER,
AUTHORIZING THE CITY MANAGER TO RECOGNIZE THE CWA AS
THE EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE
OF THE PROPOSED UNIT AND TO EXECUTE THE CWA'S
RECOGNITION -ACKNOWLEDGEMENT PETITION.
WHEREAS, the City Manager has submitted to the Mayor and City Commission
the attached Recognition -Acknowledgement Petition;
WHEREAS, on November 5, 2024, the State of Florida, Public Employee
Relations Commission, revoked Certification 1047 issued to the Communication
Workers Of America, Local 3178 (the "CWA");
WHEREAS, the CWA has requested the City voluntarily recognize the CWA as
the exclusive certified bargaining representative for a proposed unit of approximately
three hundred thirty-eight (338) employees; and
WHEREAS, the CWA has presented good faith evidence that it has majority
support.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, thatthe attached Recognition -
Acknowledgement Petition is authorized and approved; and the City Manager is authorized
to execute the Recognition -Acknowledgement Petition on behalf of the City of Miami Beach.
PASSED AND ADOPTED this // day of December 2024.
ATTEST:
I� U DEC i 7 2024
Rafael E. Granado, City Clerk
Steven Meiner, Mayor
APPRCVED AS TO
FORM 3 LANGLABE
& FOR EXECUTION
® (Zh ZV
City Attorney Data
Resolutions - C7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 11, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FINDING THAT THERE IS GOOD FAITH EVIDENCE
INDICATING THAT THE COMMUNICATION WORKERS OF AMERICA, LOCAL
3178 (THE "CWA") HAS MAJORITY SUPPORT FOR CERTIFICATION; AND
FURTHER, AUTHORIZING THE CITY MANAGER TO RECOGNIZE THE CWA AS
THE EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE OF THE
PROPOSED UNIT AND TO EXECUTE THE CWA'S RECOGNITION -
ACKNOWLEDGEMENT PETITION.
Adopt the Resolution.
Section 447.305(6), Florida Statutes (2024), requires that for every bargaining unit for which less
than sixty percent (60%) of the eligible employees have paid dues and submitted membership
authorization forms without subsequent revocation, the employee organization must petition the
State of Florida, Public Employee Relations Commission ("PERC") for recertification as the
exclusive bargaining agent for that unit within 30 days of filing its annual registration renewal
application.
On November 5, 2024, PERC revoked Certification 1047 issued to the Communication Workers
Of America, Local 3178 (the "CWA") finding that the percentage of eligible employees who had
paid dues and submitted membership authorization forms without subsequent revocation was
below sixty percent (60%) forthe bargaining unit and the CWA failed to file a recertification petition
with PERC within thirty days of the date its renewal application was filed. As a result, the CWA is
currently not certified as a bargaining representative.
The CWA intends to seek certification and has requested the City voluntarily recognize the
CWA as the exclusive certified bargaining representative for a proposed unit of three hundred
thirty-eight (338) employees by executing a Recognition -Acknowledgement Petition and providing
PERC with documentation of the formal recognition process — i.e., the attached proposed
resolution.
ANALYSIS
For the CWA to be certified by submitting to PERC a Recognition -Acknowledgement Petition, the
CWA must have majority support (of at least 50% +1) of the proposed unit, and the City must
recognize the CWA as the exclusive collective bargaining unit of the employees in the proposed
Page 284 of 1452
unit.
The CWA proposed unit is
INCLUDED: All regular, full-time City of Miami Beach employees in the following classified job
descriptions:
Account Clerk I, Account Clerk II, Account Clerk III, Administrative Aide I, Administrative Aide II,
Administrative Assistant I, Administrative Secretary, Air Conditioning Mechanic, Building
Inspector, Buyer, Carpenter 1, Carpenter II, Clerk, Clerk Typist, Code Compliance Administrator,
Code Compliance Officer I, Code Compliance Officer II, Commission Reporter I, Commission
Reporter II, Communications Operator, Complaint Operator II, Crime Analysis Specialist, Crime
Scene Technician I, Crime Scene Technician II, Data Entry Clerk, Dispatcher, Dispatcher Trainee,
Duplicating Equipment Operator, Electrical Inspector, Electrician, Elevator Inspector, Engineering
Assistant I, Engineering Assistant II, Engineering Assistant III, Engineering Inspector, Field
Inspector I, Field Inspector II, Finance Specialist I, Finance Specialist II, Finance Specialist III,
Lifeguard I, Lifeguard If, Lifeguard Lieutenant, Mason, Masonry Helper, Mechanical Inspector,
Meter Analyst, Painter, Parking Dispatcher, Parking Enforcement Specialist I, Parking
Enforcement Specialist II, Parking Meter Technician I, Parking Meter Technician II, Permit Clerk
1, Permit Clerk II, Planning Technician, Plumber, Plumbing Inspector, Pool Guard I, Pool Guard
II, Police Fleet Specialist, Police Photographer, Police Records Technician, Property Evidence
Technician I, Property Evidence Technician II, Public Safety Specialist, Revenue Processor I, and
Revenue Processor II
EXCLUDED: All managerial, confidential, professional, supervisory, temporary and casual
employees, and employees currently represented in other certified bargaining units.
This unit consists of three hundred thirty-eight (338) employees. This is the same unit description
in effect prior to the CWA losing its certification and included the 2021-2024 collective bargaining
agreement between the CWA and the City.
The CWA has provided good faith evidence that it has majority support by providing 207 PERC
Form 2023-1.101 Employee Organization Membership Authorization Forms.
FISCAL IMPACT STATEMENT
If PERC certifies the CWA, the CWA and the City will begin negotiations for a new collective
bargaining agreement. Until a new agreement is reached, the City can maintain the status quo by
continuing to operate pursuant to the terms of the 2021-2024 collective bargaining agreement
with the CWA.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: hhps://www miamibeachfl gov/city-hallicityclerk/meeting notices/
FINANCIAL INFORMATION
Page 285 of 1452
CONCLUSION
The Administration finds recognizing the CWA as the exclusive certified bargaining representative
for the proposed unit fair to the employees and fiscally responsible for the City. Therefore,
adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the
Recognition -Acknowledgement Petition.
The City Attorney'. Office has reviewed and approved the Recognition -Acknowledgement
Petition language as in form and legal sufficiency.
Applicable Area
Citywide
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Aaenda Item initialiv requested by a lobbyist which, as defined in Code Sec. 2-481.
includes a orincioal ennaaed in Iobbvino? No
If so, specify the name of lobbyist(.) and principal(s)
Department
Human Resources
Sponsor(s)
Co-sponsor(sl
Condensed Title
Recognize CWA as the Exclusive Collective Bargaining Representative of Proposed Unit. HR
Page 286 of 1452
SUGARMAN, SUSSKIND, BRASWELL & HERRERA
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November 19.2014
\ in Electronic Mail
Eric T. Carpenter, City %Tanager
City of Miami Reach
1700 C'on%cation Center Drive
%liami Beach. FI_
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Not %it Carpenter
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This firm represents the Communications Workers of .America, Local 3178 (CW.A) in the
above referenced matter. a Recognition-:leknowledLment petition to the Florida Public
Employee Relations Commission ( PERU).
mite to request that the City of %liana Beach. through its Commissioners. yolmnarily
recognize our client as the exclusive certified bargaining representative for a unit of
approximately three -hundred thine eight (338) employees_ Thus, please place have this matter
placed on the agenda for the next scheduled commission meeting_ We twill draft and share with
the City', leadership team an appropriate resolution reflecting the Cip's yoluntan recognition.
Voluntary recognition is the most efficient and inexpensive course of action in this
matter_ Also enclosed with this letter is a copy of the employees' signed authorization forms
already obtained as of this date. Two -hundred fifteen ('I s ) of the 338 employees who would be
eligible as members of the proposed bargaining unit hate authorized CNA to represent and
bargain collectively with the City on their behalf as their exclusive bargaining agent
Since b?°o of the eligible wring cmployccsl hate sinned these authorization forms. eve
hope that you and other Cite representatives twill strongk recommend that the Commission
recognize the Union_ If the Commission tolutnarih recognizes the union_ the City twill conserve
VAe.npc.l l h1l nonlh.r to n.clo more lhuu'n bt '_I.
Page 288 of 1452
Corer I -suer io C'in Mellow Carpenter
Rorember 18,2024
Pane'_ of 2
time, energy and financial resources as ii will avoid a PERC conducted cenICicatioil hearinv and
election.
Please contact me promptly should any questions arse. Thank you for your
consideration and anticipated cooperation in this matter_
DS1 B, me
Enclosures
cc, Client
City Huntun Resources
City Labor Relations Lega) Yvan
Yours on b, I
D IMARCUS SRAS1k F.LI . Jr_
Page 289 of 1452
IN, Not \t dir In I In, It -
STAFF. OF FLORIDA CkNE Nt NIBER
Pt BLIC ENIPLOSS F:ES RELATIONS COMMISSIO♦ RA-
4708 Capital Circle N.W. Suite 300
Tallahassee, Florida 32303 D\TF FILFn
(850) 488-8641
RE( 'OGNIIION-ACKNONN LEDGENILNT PETITION
ElCheck this be, it petition seeks to add classifications to an existing bamainim, unit represented be the petitioning
union I Opl-in' I. Ccnitication No
NSTRCCTIONS: This form must be completed be both the petitioning union and the public cnlplover. If more space
is needed for anc cluc aion, attach additional sheets and number the items as tire% appear in this forth. Upon completion,
the petitioning union must Cdc the fully excelled petition, ineludme all attachm nls kith the C onnnission Parties mac
utibic the Commission's secure ecb based ponal called "ePFRC," to file documents cIecttomcalIN and t mtt filings in
their case International on hots to sign up and use cPFRC can be Found at I;nl L mv'_n h L I'll V tom ,.
I. NASIF OF PETITIONING LVION. Communication Workers of America, Local 3178
Address 7455 Collins Avenue, Suite 212
Miami Beach
ONION S RFPFSENTA1-IVF: Osvaldo Garcia
Title President
Phone So. (786) 290-3437
Addre,,: 7455 Collins Avenue, Suite 212
Miami Beach
Citt
FL
State
33141
Email Address cwalocal3178president@gmail.com
PFRC REGIS I RA I ION N1: SIBER. OR- 1986-003
Fax No
FL 33141
State zip Cod,
Expiration Dale n/a
1. 'NWE OF PL BLIC E%IPL(71 ER: City of Miami Beach
Address 1700 Convention Center Drive
Miami Beach FL 33141
Cite Stale Zip Code
s. IAIPLOI-ER S RFPRLsLN I IIce.. Eric Carpenter
Title City Manager Finad Addmss EricCarpenter@miamibeachfl.gov
phone No_ 305-673-7010 Fax No
Addte,, 1700 Convention Center Drive
Miami Beach FL 33141
Lit, State zip Codc
ru<r I
I,-1 ..r �i R,' I",
Page 290 of 1452
fi, Description of bargaining unit: List all classifications prolvsed for inclusion in, and exclusion from. the new unit
claimed to be appropriate for colleetise hamarmne. *1/ rhiv is wi npi-in pr m...I, lw nth r/rr i/ololos'uiinx, rur.,1hr/or
ineGevioa in the'Mssloe 1"o I'airtmQ i... n I If Icm-nio, attach separate sheet.!
ISCL£DED (list classifications bolos, t:
fee attached unit description.
See attached unit description.
Total number otcmploeees skaudo for inclusira in the unit 338 -
8. Majority status: Do at Least ?t)S., of the petitioned-lor emplo%ces support this petition' Y"ES F-I _ `io
a. Is the public employer satisfied as to the majorics status of the petitionine union' ZSES -0 NO
b. Describe the method by which the public anploser serifted the majoritxstatus of the )ttilionin-' union he a..
reciesied snooin'l of interesO
Reviewed showing of interest in the form of signed state prescribed Membership Authorization
Forms.
9. Is the public am�� pI7oser sausl d as to the appropriateness of the proposed unit lot the purpose of colleens e
barfralninv' _t. �_1 VS SO
III Is there In existing collectise bargaining agreement coscdng am employee in the proposed bargain Ing unit
B f-71NO. IF N ES date of enpvanon-
•*NO fE: The filing of this petition will be deemed to be a waiter bN the petitioning union and public employer
of aus applicable contract bar. as described in section 447.307(3)(dh. Florida Statutes.*
I I . Has a representation election been conducicd ,no, an, of the emplosces in the proposed bargoining unit ssirhin the
past issds c months ' YES V L VO. IF 1£s, dart of the last election
PIIlk Fvm
r""' ,, 4 "" Page 291 o1 1452
I]. Is there another or antzation(s), besides the petitionin_ union_ that claims to represent am of fhe imploNecs in the
proposed unit' FES FVJ VO
a. IF N-ES_ identifc the organ iiaoonfs) be name
I, . IF N' ES. provide a copes of this completed_ signed joint Icscluding job descriptions 1 to the idcm i bcd orgarn,wiont s i_
c. On tchich date was the identified cin ainiationlsi provided a cops of this form:'
11 RECOGNITION-%(KNO%S LEDGNIES I:
o_ Attach documentation of the formal recognition process whereby the public employer recopniied the petitioning
union as the csclusise collective bai�,ainine representative of the employees proposed for incltuion in the unit to
a fomtal resolution or official minutes from a meeting reflecting the act of recoe'nItioll I
14_ NOTICE: 'the public employer must pros ides a copy of this form. containing the follosrine notice. to all employees
affected by this petition The Corm may be pros ided in the manner in syhich the public employer customarily
commmjnicates with its emplovccs fce-_ e-madpersonal delivery. G.S. ,Alaid, or posting in a conspicuous placc)-
*********NOTICE TO ENI PLOYE ES******•**
If approved by the Public Employees Relations Commission, this petition sill result in the petitioning
organization being certified as the exclusive bargaining agent for all employees in the proposed unit
described above. No representation election swill be conducted. Any person who objects to approval of
the petition must file a written notice with the Public Employees Relations( ommission, slating the basis
for such objection, within menly days after initial posting of this notice.
a- On which date did affected employees receive a copy of this Conn"
b. Select the nsthodtsl by svluch a cops of this form nus provided to the affected entplopces
&mull F-1 Personal delis ery El LLS. Mail Posted in conspicuous place
Other (plcaw explain)'.
By on, signature below, I affirm that I have recieNed the information contained in this form and all attachments.
The statements contained herein are true to the best of my knowledge and belief. FALSE STATEMENTS
CON"rA1NED IN THIS FORM MAN RESF'L I IN FINE AND INIPRISONNIENT Pt RSFANT TO CHAPTER 837.
FLORIDA SraTFTES.
Petitioning Lran s Heprescntatise Date
Sfr}nantre of Public Employer s Reprrsentiane Dumc Sinned
The Commission utilizes e-senice as the primary method of delivery for orders, correspondence, and
notices. Parties are responsible for ensuring that their email address on file with the Commission is correct
and current.
n uc o",
t;4R- I si
Page 292 of 1452
CNN :A Local 3178 unit Description
INCLCDED- All regular. full-time C prof 4liamt Reach employees in the folloeringclassified job
descriptions:
Account Clerk I, Account Clerk II, Account Clerk III_ Administrative Aide I. Adrionistiame ride
IL Administrative Assistant L _ldministratoe Secretart .Air Conditioning Mechanic. Building
Inspector, Buyer. Carpenter I, Carpenter If. Clerk. Clerk Typist. Code Compliance Administrator.
Code Compliance Officer 1, Cade Compliance Officer IL Commission Reporter L Commission
Reporter IL Communications Operator, Complaint Operator IL Crime Analysis Specialist. Crime
Cl Scene Technician h ime Scene "I echnician I I.. Data Envy Clerk Dispatcher, Dispatcher Trainee,
Duplicating Equipment Operator, Electrical Inspector. Electrician. Elevator Inspector,
Engineerm, Assistant I, Engineering Assistant 11- Engineering Assistant IIL Engineering
Inspector, Field Inspector 1, Field Inspector 11, Finance Specialist I. Finance Specialist II, Finance
Specialist III, Lifegumd 1, Lifeu,uard It Lifeguard I.temenam. Stm)n_ liasonry Helper.
Mechanical Inspector, deter Analyst. Painter Parking Dispatcher, Parking Enforcement
Specialist 1. Parking Enforcement Specialist II_ Parking Meter Technician 1, Parking Meter
Technician II, Permit Clerk 1, Permit Clerk 11, Planning Technician. Plumber. Plumbing Inspector.
Poo} Guard 1, Pool Guard 11, Police Fleet Specialist_ Police Photographer, Police Records
Technician, Propenq Eidence Technician 1, Property Evidence Technician 11. Public Salem
Specialist- Re.enue Pnueeswr 1, and Re.cnuc Processor 11
EXCLUDED, All managerial. confidential, professional, supnrcisoi y. temporary and casual
enrployces, and employees currently represented in other certified barllationg units.
Page 293 of 1452