R7F-Ratify MOU w- International Association Of Fire Fighters -IAFF-COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Ratifying a Memorandum of
Understandin Between the Cit of Miami Beach and the International Association of Fire Fi hters IAFF}, Local 1510.
Ke Intended Outcome Su orted:
Item Summary/Recommendation:
On September 30, 2012, the three-year collective bargaining agreement between the City of Miami Beach and the IAFF
(covering the period of October 1, 2009 through September 30, 2012) expired. Negotiations for a successor agreement
began and after ten formal negotiation sessions and several informal discussions, a three-year labor agreement covering the
period October 1, 2012 through September 30, 2015, was ratified by the City Commission on July 19, 2013. On August 7,
2013, the IAFF notified the City that 85 percent of the voting membership voted in support of the contract On September 11,
bargaining unit members filed an unfair labor practice (ULP} charge with the Public Employees Relations Commission
(PERC) in which the charging parties alleged the City had unilaterally changed negotiated and agreed upon terms and
conditions of employment to their detriment The charge was dismissed and later amended and refiled. Subsequently, on
behalf of the same party, the IAFF submitted a formal grievance alleging the City had violated the collective bargaining
agreement as it had negotiated a provision for members hired as a result of the consent decree and the City had not
amended the ordinance accordingly. This benefit included allowing members hired pursuant to the consent decree to
maintain their Rule of 70 retirement without a minimum age requirement. After a number of discussions and a collective
bargaining session between the City and IAFF, including the parties' respective legal representatives, the parties reached a
Memorandum of Understanding (MOU) providing that any fire fighter member hired pursuant to the consent decree could
retire when the sum of the member's age and creditable service equals at least 70, with no minimum age requirement This
MOU changes terms and conditions of employment, therefore, it requires ratification by both the IAFF membership and the
City Commission. On December 6, 2013, the IAFF reported that 115 members had voted in support of the MOU and 23
against.
The administration recommends that the City Commission adopt the resolution to ratify the MOU between the City and the
IAFF bargaining unit, amending the Rule of 70 retirement benefit for those Fire and Police Pension Plan members covered by
the IAFF who were hired as a result of the consent decree, consistent with those members covered by the FOP who were
also hired as a result of the consent decree.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account
Funds: 1 NA NA
D 2 NA NA
3 NA NA
OBPI Total NA
Financial Impact Summary: The actuarial impact is negligible since this change affects two fire fighter members only.
Department Director Assistant City Manager
Sylvia Crespo-Tabak
ENDA\20141January\IAFF MOU\IAFF 2012-2015 MOU Summary doc.docx
MIAMI BEACH 784
City Manager
AGENDA ITEM
DATE
F<7F
I-lk--tV
I
I
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flarida 33139, www.miomibeochfl.gav
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members o the City CoJmission
Jimmy L. Morales, City Manager . ---~
January 15, 2014
A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF MIAMI BEACH AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
(IAFF), LOCAL 1510, PERTAINING TO RETIREMENT BENEFITS, IN FURTHERANCE OF
THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
On September 30, 2012, the three-year collective bargaining agreement between the City of Miami
Beach and the IAFF (covering the period of October 1, 2009 through September 30, 2012) expired.
Negotiations for a successor agreement commenced prior to the expiration of the three-year collective
bargaining agreement that covered the period of October 1, 2009 through September 30, 2012. On July
19, 2013, the City and IAFF ratified the three-year labor agreement covering the time period from
October 1, 2012 through September 30, 2015. On August 7, 2013, the IAFF notified the City that 85
percent of the voting membership voted in support of the contract.
ANALYSIS
On September 11, 2013, bargaining unit members filed an unfair labor practice (U LP) charge with the
Public Employees Relations Commission (PERC) in which the charging parties alleged the City had, to
their detriment, unilaterally changed negotiated and agreed upon terms and conditions of employment.
The charge was dismissed and later amended and refiled, this time with only one filing party.
Subsequently, on behalf of the same party, the IAFF submitted a formal grievance alleging the City had
violated the collective bargaining agreement as it had negotiated a provision for members hired as a
result of the consent decree and the City had not amended the ordinance accordingly. This benefit
included allowing members hired pursuant to a consent decree to maintain their Rule of 70 retirement
age eligibility with no minimum age requirement.
After a number of discussions and a collective bargaining session between the City and IAFF, including
the party's respective legal representatives, the parties reached a Memorandum of Understanding
(MOU) providing that any fire fighter member hired pursuant to the consent decree could retire when the
sum of the member's age and creditable service equals at least 70, with no minimum age requirement.
This MOU changes terms and conditions of employment, therefore, it requires ratification by both the
IAFF membership and the City Commission. On December 6, 2013, the IAFF reported that 115
members had voted in support of the MOU and 23 against.
The memorandum of understanding is provided as Attachment 1. The Fire and Police Pension Plan
actuary has advised that implementing this change for those members covered by the IAFF who were
hired as a result of the consent decree will not result in any significant impacts to the Plan, as there are
785
City Commission Memorandum
January 15, 2014
IAFFMOU
Page 2 of2
only two members affected.
CONCLUSION
The administration recommends that the City Commission adopt the resolution to ratify the MOU
between the City and the IAFF bargaining unit, amending Rule of 70 retirement benefits for those Fire
and Police Pension Plan members covered by the IAFF who were hired as a result of the consent
decree, to be consistent with those members covered by the FOP who were also hired pursuant to the
consent decree.
Attac~nt
JLM/~SC-T
T:\AGENDA\2014\..January\IAFF MOU\IAFF 2012-2015 MOU Commission Memo.doc
786
'·,
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA RATIFYING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, (IAFF), LOCAL
1510, PERTAINING TO RETIREMENT BENEFITS, IN FURTHERANCE
OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT.
WHEREAS, the Administration is hereby submitting to the Mayor and City Commission
the attached Memorandum of Understanding pertaining to pension benefits recently negotiated
between the City and the International Association of Fire Fighters, (IAFF), Local 1510, for the
employees covered by the IAFF collective bargaining unit; and
WHEREAS, Exhibit A to the resolution is a copy of the Memorandum of Understanding
executed between the City and the IAFF; and
WHEREAS, the IAFF bargaining unit ratified the Memorandum of Understanding with a
majority of the bargaining unit members who voted doing so in favor of the adoption of said
memorandum; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approving and authorizing
the Administration to execute the Memorandum of Understanding between the City and the
IAFF, pertaining to retirement benefits, in furtherance of the 2012-2015 collective bargaining
agreement between the City and IAFF.
PASSED AND ADOPTED this __ day of-------' 2014.
ATTEST:
RAFAEL GRANADO
CITY CLERK
787
PHILIP LEVINE
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUOON
ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into, by, and between the City
of Miami Beach ("City") and the International Association of Fire Fighters, Local 1510
("Union").
The Parties agree that Section 66 of Part 1, Subpart B, Article IX, Related Special Acts of
the Miami Beach City Code, is amended in pertinent part to read:
Sec. 66. Service and disability benefits generally.
(a) The Board shall, upon application retire members meeting any one of the
following requirements:
* * *
(4) The sum of the member's age and Creditable Service equals at least 70 and
the member retires on or after October 1, 1998; provided, effective September 30,
2013, a member hired before July 14, 2010 must attain age 47 to be eligible for
retirement under this paragraph ( 4); and a member hired on or after July 14, 2010
must attain age 48 to be eligible for retirement under this paragraph (4); and
provided further, any member hired prior to July 14, 2010 who completes a
buyback of prior Creditable Service prior to September 30, 2013 and reaches the
maximum pension benefit of 85% of average monthly Salary prior to attaining
age 47, the employee contribution shall cease on the date such employee reaches
the 85% maximum pension benefit, and his/her final average monthly Salary will
be frozen on the same date. Notwithstanding the preceding sentence, any police
officer or firefighter member hired pursuant to a consent decree may retire when
the sum ofthe member's age and Creditable Service equals at least 70.
* * *
[INTENTIONALLY LEFT BLANK]
788
IN WITNESS WHEREOF, subject to due ratification by vote of the bargaining unit
members and by vote of the City Commission, and intending to be legally bound, the Parties
hereby execute this MOU.
INTERNATIONAL ASSOCIATION OF
FIRE FIGHT S OCA 1
City M nager President
DATE I I
789
EXHIBIT A
lVfEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into, by, and between the City
of Miami Beach ("City") and the International Association of Fire Fighters, Local 1510
("Union").
The Parties agree that Section 66 ofPart 1, Subpart B, Article IX, Related Special Acts of
the Miami Beach City Code, is amended in pertinent part to read:
Sec. 66. Service and disability benefits generally.
(a) The Board shall, upon application retire members meeting any one of the
following requirements:
* * *
(4) The sum of the member's age and Creditable Service equals at least 70 and
the member retires on or after October 1, 1998; provided, effective September 30,
2013, a member hired before July 14, 2010 must attain age 47 to be eligible for
retirement under this paragraph (4); and a member hired on or after July 14, 2010
must attain age 48 to be eligible for retirement under this paragraph (4); and
provided further, any member hired prior to July 14, 2010 who completes a
buyback of prior Creditable Service prior to September 30, 2013 and reaches the
maximum pension benefit of 85% of average monthly Salary prior to attaining
age 4 7, the employee contribution shall cease on the date such employee reaches
the 85% maximum pension benefit, and his/her final average monthly Salary will
be frozen on the same date. Notwithstanding the preceding sentence, any police
officer or firefighter member hired pursuant to a consent decree may retire when
the sum of the member's age and Creditable Service equals at least 70.
* * *
[INTENTIONALLY LEFT BLANK]
790
IN WITNESS WHEREOF, subject to due ratification by vote of the bargaining unit
members and by vote of the City Commission, and intending to be legally bound, the Parties
hereby execute this MOU.
INTERNATIONAL ASSOCIATION OF
FIRE FIGHT OCA 1
President
11/2-o /, 3
DATE~ I
791