Loading...
R5F1-AFSCME Local 1554 Cost-Of-Living Adjustment -COLA-COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Classified Employees Salary Ordinance (No. 789) as follows: providing for members of the American Federation of State, County and Municipal Employees (AFSCME) Local 1554, in accordance with the negotiated Collective Bargaining Agreement (CBA), effective the first full pay period ending April2012, an across the board cost-of-living adjustment (COLA) of three percent (3%) and a three percent (3%) increase to the minimum and maximum of each AFSCME pay range; repealing all ordinances in conflict; providing for severability, an effective date and codification. Key_ Intended Outcome Supported: Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Satisfaction Survey, among the four (4) areas of customer service measured, 85.5% of respondents agreed that "the employees that assisted me were courteous and professional." Issue: Shall the City provide a classification and compensation system that is fair and externally and internally competitive; and consistent with the terms of the CBA negotiated with AFSCME, by amending the Classified Employees Salary Ordinance to provide an across the board COLA of three percent (3%) to all AFSCME employees, and a three percent (3%) increase to the minimum and maximum of each AFSCME pay range, effective with the first full pay period ending April2012? Item Summary/Recommendation: Second Reading Public Hearing An Ordinance amending the Classified Employees Salary Ordinance (No. 789) by providing for a three percent (3%) COLA for AFSCME employees effective with the first pay period ending in April2012; and changing the minimum and maximum of the AFSCME pay ranges. The AFSCME Collective Bargaining Agreement that was ratified by the Commission in 2010 included a three percent (3%) COLA for AFSCME employees and the adjustment of the AFSCME pay ranges. The AFSCME COLA amount was budgeted and approved by the City Commission as part of the FY2011/2012 budget process. Ratified collective bargaining agreements are legally binding and enforceable. Disputes involving labor contracts can be litigated through grievances and arbitrations, unfair labor practice charges before the Public Employees Relations Commission (PERC), and lawsuits, all of which involve potential money or other remedies and defense costs. The Administration recommends the City Commission approve the Ordinance on second reading on Apri111, 2012. Financial Information: Source of Amount Account Approved Funds: 1 $240,000 Included in various Departmental salary budgets for FY 2011/2012 OBPI ~ Total $240,000 Included in various Departmental salary budg_ets for FY 2011/2012 Financial Impact Summary: The COLA for the AFSCME employees represents an impact of approximately $240,000 to the City's FY2011/2012 operating budget. This amount was budgeted and approved by the City Commission as part of the FY2011/2012 budget process. Ci Clerk's Office Le islative Trackin Ramiro lnguanzo, Human Resources Director n-Offs: Assistant City Manager Hilda Fernandez MIAMI BEACH 273 City Manager AGENIDA ITEM -'-:'R':'=S"'-!-...L-- DATE Lf-1/-CL ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez ~ April11, 2012 0"' SECOND READING PUBLIC HEARING DATE: SUBJECT: American Federation of State, County and Municipal Employees (AFSCME) Local 1554 Cost-of-Living Adjustment (COLA) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, EFFECTIVE THE FIRST FULL PAY PERIOD ENDING APRIL 2012, AN ACROSS THE BOARD COST-OF- LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%) AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. RECOMMENDATION This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to the February 24, 2012 special City Commission meeting. At the February 24 special City Commission meeting, the item was deferred to the March 21, 2012 City Commission meeting. At the March 21, 2012 City Commission meeting, the Ordinance was approved on first reading. The Administration recommends that the City Commission approve the Ordinance on second reading on April 11, 2012. 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 II -Represented by the Fraternal Order of Police (FOP) William Nichols Lodge No.8; • Group Ill -Represented by the International Association of Firefighters (IAFF) Local 1510; 274 City Commission Memorandum April11, 2012 AFSCME Classified Salary Ordinance Page 2 of3 • 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, Local100. In addition, the City has one (1) unrepresented Classified employee group, Group VI, comprising all other classifications in the Classified Service not covered by a bargaining unit. This group is commonly referred to in the City of Miami Beach as the "Others". By way of background, in 2010 the City and AFSCME reached an agreement to amend the prior three-year Collective Bargaining Agreement. The successor three-year Agreement was approved by the AFSCME bargaining unit members and ratified by the City Commission on July 14, 2010. In order to attain the City Commission's goal of approximately $15 million in savings from employee concessions applicable towards FY2009/201 0 and FY201 0/2011 for all Classified and Unclassified employees, the AFSCME Agreement contained the following provisions as cost savings components: • No cost-of-living adjustments (COLAs) for the first two and one-half (2 %) years of the Agreement; and • No merit increases from May 1, 2010 through April 30, 2012. When the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four percent (4%). An across the board COLA of three percent (3%) for AFSCME employees was negotiated, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY2011/2012). Correspondingly, as stipulated in the Agreement, the minimum and maximum of each pay range would increase effective the first full pay period ending in April 2012. Based on the provision of the Collective Bargaining Agreement between AFSCME and the City, the Administration recommends implementing a three percent (3%) across the board COLA, effective the first full pay period ending April 2012 (six (6) months into the FY2011/2012), for AFSCME employees; increasing the minimum and maximum of each AFSCME pay range correspondingly by three percent (3%); and amending Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida accordingly. The Ordinance amendment will ensure that the City has an employee classification and compensation system that is reasonable and competitive. This COLA adjustment is comparable to the Consumer Price Index (CPI) for the Miami- Fort Lauderdale area as of December 2011, which was 3.1 %, as well as the COLA adjustment provided by the U.S. Federal Government to all Social Security beneficiaries in January 2012, which was 3.6%. No AFSCME employee who separated from employment with the City prior to the date of implementation of the COLA effective the first full pay period ending in April 2012 will be eligible to receive this COLA increase. 275 City Commission Memorandum April11, 2012 AFSCME Classified Salary Ordinance Page 3 of3 The COLA for AFSCME employees represents an impact of approximately $240,000 to the City's FY2011/2012 operating budget. This estimate was compiled during the preparation for the collective bargaining negotiations process that began in 2009 for the Collective Bargaining Agreement that is currently in effect, and although the figure does not take into consideration current turnover rates, we anticipate the impact to be minimal. The $240,000 amount was discussed, budgeted and approved by the City Commission as part of the FY2011/2012 budget process. The AFSCME Collective Bargaining Agreement that was ratified by the City Commission in 2010 included three percent (3%) COLAs and the adjustment of the corresponding AFSCME salary ranges. Ratified labor agreements are legally binding and enforceable. Disputes involving collective bargaining agreements can be litigated through grievances and arbitrations, unfair labor practice charges before the Public Employees Relations Commission (PERC), and lawsuits, all of which involve potential money or other remedies and defense costs. CONCLUSION The Administration recommends amending Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida by implementing a three percent (3%) COLA, effective the first full pay period ending April 2012, for all AFSCME employees, and increasing the minimum and maximum of each AFSCME pay range correspondingly by three percent (3%). Based on the foregoing, the Administration recommends that the City Commission approve the proposed Ordinance on second reading on April 11, 2012. T:\AGENDA\2012\4-11-12\COLA-AFSCME MEMO CLASSIFIED EMPLOYEES. doc 276 ORDINANCE NO.------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, EFFECTIVE THE FIRST FULL PAY PERIOD ENDING APRIL 2012, AN ACROSS THE BOARD COST -OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%) AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. WHEREAS, Classified employees are categorized into 6 groups: Group I represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; Group II represented by the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; Group Ill represented by the International Association of Firefighters (IAFF) Local 151 0; Group IV represented by the Communications Workers of America (CWA) Local 3178; Group V represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local 1 00; and Group VI comprising of all other classifications in the Classified Service not covered by a bargaining unit (commonly referred to as "OTHERS"); and WHEREAS, the City of Miami Beach has approximately 1 ,487 Classified employees of which, approximately 418 of these employees are covered by the AFSCME Local 1554 (Group I); and WHEREAS, in 2010 the City and AFSCME reached agreement to amend the prior three-year collective bargaining agreement (CBA); and WHEREAS, the successor three-year CBA between the City and AFSCME was approved by the corresponding bargaining unit members and ratified by the City Commission on July 14, 201 0; and WHEREAS, in order to attain the City Commission's goal of approximately $15 million savings in employee concessions for FY2009/201 0 and FY201 0/2011, the AFSCME CBA contained the following provisions as cost savings components: no cost- 1 277 of-living adjustments (COLA) for the first two and one-half (2 %) years of the agreement; no merit increases for bargaining unit employees represented by AFSCME from May 1, 2010 through April 30, 2012; and when the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four percent (4%): and WHEREAS, an across the board COLA of three percent (3%) for all Classified employees represented by AFSCME was negotiated, with a corresponding increase to the minimum and maximum of each pay grade, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY 2011/2012); and WHEREAS, the COLA listed herein for the employees represented by AFSCME is in compliance with the negotiated CBA; and WHEREAS, the COLA listed herein for employees represented by AFSCME is consistent with the negotiated COLA for the other Classified employees represented by a bargaining unit ((CWA, GSAF, FOP and IAFF) Groups II through V); and WHEREAS, no Classified employee represented by AFSCME who left the City prior to the date of implementation of the COLA effective the first full pay period ending in Apri12012 will be eligible for this COLA increase; and WHEREAS, there is a need to amend the salary ranges of Classified employees represented by AFSCME in order to ensure that the City has an employee classification and compensation system that is fair and internally and externally competitive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: Effective the first full pay period ending in April 2012, the minimum and the maximum biweekly pay ranges for the classifications represented by AFSCME will be changed to reflect an employee classification and compensation system that is fair and competitive. The following lines of Section 1 of the Classified Salary Ordinance No. 789 shall be amended as follows: [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] 2 278 GROUP I AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554 Salary Ranges and Classification A. Salary Grades and Ranges GRADE 10 9 8 7 6 5 4 3 2: ~ 42,92~ J9,8QQ Je,J82 JJ,48J JQ,788 28,JJ4 2e,Q7e 2J,99e 22,Q84 2Q,J24 MINIMUM BIWEEKLY 1,700 1,565 1,440 1,325 1,220 1,122 1,033 951 MAXIMUM BIWEEKLY e9,J2Q 2,746 eJ,797 2,527 88,7~2 2,326 84,QJ~ 2,140 49,728 1,970 48,7eQ 1,813 42,~~4 1,668 JS,787 1,535 J8,ees J2,824 In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010-3682 and Resolution 2011-27752), the minimum and the maximum hourly rate for Ranges 2 and 1 shall be amended as follows: GRADE MINIMUM MINIMUM MAXIMUM HOURLY HOURLY HOURLY RATE RATE RATE WITH WITHOUT HEALTH HEALTH BENEFITS BENEFITS ~ 10.94 12.17 17.66 1 10.72 12.17 16.25 3 279 In compliance with Sections 2-407 through 2-410 of the City Code, entitled '~Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010-3682 and Resolution 2011-27752), effective October 1, 2012, the minimum and the maximum hourly rate for Ranges 2 and 1 , shall be as follows: GRADE MINIMUM MINIMUM MAXIMUM HOURLY HOURLY HOURLY RATE RATE RATE WITH WITHOUT HEALTH HEALTH BENEFITS BENEFITS ~ 11.28 12.92 17.66 1 11.28 12.92 16.25 B. Grades and Classifications GRADE CLASSIFICATION UNION 10 BUILDING SUPERVISOR AFSCME 10 DIESEL GENERATOR MECHANIC AFSCME 10 FIRE EQUIPMENT MECHANIC AFSCME 10 MECHANIC Ill AFSCME 10 PEST CONTROL SUPERVISOR AFSCME 9 HEAVY EQUIPMENT OPERATOR II AFSCME 9 IRRIGATION SYSTEMS SUPERVISOR AFSCME 9 MECHANIC II AFSCME 9 PARK SUPERVISOR AFSCME 9 PUMPING MECHANIC AFSCME 9 RECREATION' PROGRAM SUPERVISOR AFSCME 9 SEWER SUPERVISOR AFSCME 9 STREET SUPERVISOR AFSCME 9 TREE MAINTENANCE SUPERVISOR AFSCME 9 WASTE DRIVER SUPERVISOR AFSCME 9 WATER SUPERVISOR AFSCME 8 CONTROL ROOM OPERA TOR AFSCME 8 HEAVY EQUIPMENT OPERATOR I AFSCME 8 SIGN MAKER AFSCME 8 STOREKEEPER II AFSCME 8 STREET LIGHTING TECHNICIAN II AFSCME 4 280 7 ASSISTANT PUMPING MECHANIC AFSCME 7 CENTRAL SERVICES TECHNICIAN AFSCME 7 FLEET SERVICE REPRESENTATIVE AFSCME 7 MUNICIPAL SERVICE WORKER Ill AFSCME 7 SEWER PIPEFITTER AFSCME 7 STOREKEEPER I AFSCME 7 WATER METER TECHNICIAN II AFSCME 7 WATER PIPEFITTER AFSCME 6 FLEET SERVICE WRITER AFSCME 6 MECHANIC I AFSCME 6 STREET LIGHTING TECHNICIAN I AFSCME 5 MUNICIPAL SERVICE WORKER II AFSCME 5 STORES CLERK AFSCME 5 TREE TRIMMER AFSCME 5 WASTE COLLECTOR AFSCME 5 WATER METER TECHNICIAN I AFSCME 4 MUNICIPAL SERVICE WORKER I AFSCME 3 MUNICIPAL SERVICE WORKER TRAIN AFSCME 3 MUSEUM GUARD AFSCME Note: There is currently no AFSCME classification in Grades 2 or 1. SECTION 2: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4: EFFECTIVE DATES. The Ordinance Amendments set forth in Section 1 above shall become effective the ffrst full payroll period in April 2012. A three percent (3%) across the board COLA for all 5 281 Classified employees represented by AFSCME shall become effective the first full payroll period in April 2012. SECTION 5: CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. PASSED and ADOPTED this __ day of ________ , 2012. ATTEST: Robert Parcher, City Clerk Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION c8t:Y~b-Date T:\AGENDA\2012\3-21-12\COLA-ORDINANCE-AFSCME 3-21-12 First Reading.docx 6 282 NE THURSDAY, JV!ARCH 29, 2012 15NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS I NOTICE IS HEREBY given that second readings ana public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, .3rd floor, City Hall, 1700 Convention Center Drive, Mia ·Beach, Florida, on WEDNESDAY, APRIL 1.1"', 2012 to consider the following: 11:30a.m. AFSCME Local1554 Cost-OHiving Adjustment (COLA) Ordinance Amending Ordinance No. 789, The Classified Emplqyees Salary Ordinance Of The City Of Miami Beach,· Florida, As Follows: Providing ForThe Classific.ations In Group !,.Represented By The American Federation Of State, County And Municipal Employees (AFSCME) Local. 1554, In Accordance With The Negotiated Collective Bargaining Agreement, Effective The First Full Pay Period EndirmApri12012,AnAcross The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%) And A Three Percent (3%) Increase To The Minimum And Maximum Of Each Pay Range. Inquiries may be directed to the Human Resources Department at (305) 673-7520. 11:31 a.m. FOP William Nichols Lodge No .. 8 ·Cost-Of-Living Adjustment(COLA) Ordinance Amending .Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group II, Represented By The·Fraternal Order Of Police (FOP) William Nichols Lodge No.8, In Accordance With The Negotiated Collective Bargaining Agreement, Effective The First Full Pay Period Ending April 2012, An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%) And A Three Percent (3%) Increase To The Minimum And Maximum Of Each FOP Pay Range. Inquiries may;be directed to the Human Resources Department at (305) 673-7520. 11:32a.m. IAFF Local1510 Cost-Of-LivingAdjuStment (COLA) ;;, Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami· Beach, Florida, As·,F.ollows: Providing For The Classifications In Group Ill, Represented By The International Association Of Ftrefighters'(IAFF) Local151 0, In Accordance With The Negotiated Collective Bargaining Agreement, Effective The First Full Pay Period Ending April 2012, An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%) And A Three Percent (3%) Increase. To The Minimum And Maximum·Of Each IAFF Pay Range. Inquiries may be directed io the Human Resources .Department at (305) 673-7520. 11:33a.m. CWA Local 3178 Cost-Of-Living Adjustment (COLA) Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The. City Of.Miami Beach, Florida, As Follows: Providing For The Classifications In Group IV, Represented By The Communications Workers Of · America (CWA) Local 3178, In Accordance With The Negotiated Collective Bargaining Agreement, Effective The First · Full Pay Period. Ending April 2012,.An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%) And A Three Percent (3%) Increase To The Minimum And Maximum Of Each Pay Range. · Inquiries may be directed to the.Human Res.ources Department at (30§) 673-7520. --.•... . 11:34a;m. GSAF, 'OPEIU, Local1 00 Cost-Of-Living Adjustmenr(CpLA) Ordinance Amending Ordinance No. 789, The Classified Employee!' Salary Ordinance Of The City .Of Miami Beach, · Florida, As Follows: Providing For The Classifications In Group V, Represented By The Government Supervisors . Association Of Florida (GSAF), OPEIU, Local100, In Accordance With The Negotiated Collective Bargaining Agreement: Effective The First Full Pay Period Ending April 2012, An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%) And A Three Percent (3%) Increase To The Minimum And Maximum Of Each Pay Range. Inquiries may be directed to the· Human Resources Department at (305}:673-7520. INTERESTED PARTIES are in.vited to appear atthis meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Glerk, ·1700 Convention Center-Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. copies of these ordinances are -available for public inspection during normal business hours in the City Clerk's Office, 1700·•convention Center Drive:'~st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstance!itadditionall(!gal notice would not be provid_ed. Robert E. Parch\lr, City Clerk City of Miami Beach Pursuant.to Section 286.0105, Fla. Stat., the,City hereby advises.the public. that: if a person decides to .appeal any -decision made·bythe.Gity Commission with respectto·any matter:considered-at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon Which the appeal is to be based. This notice does not constitute consent by the City;forthe -introduction or admission of otherwise inadmissible or irrelevant.evidence, nor does it authorize challenges or appeals.not.otherwise .. allowed by law. . l To .request this .materia. Lin accessible format, sign lang.uage interpreters, information on access .tor persons wit .. h · disabilities, and/or any .accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604"2489 (voice), (305)673-7218(TTY)·five days in advance to initiate your request. TTY users · may also call 711 (Florida Relay Service). · · _ ~~ . -' 283 THIS PAGE INTENTIONALLY LEFT BLANK 284