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HomeMy WebLinkAboutOIG No. 25-22 Deceptive Practices in Solicitation to Join AFSCMETO: FROM: DATE: RE: Joseph M.Centorino,Inspector General Honorable Mayor and Members of the City Commission Joseph Centorino,Inspector General December 23,2025 Investigation of Alleged Deceptive Practices in Solicitation of City Employees to Join AFSCME Bargaining Unit OIG No.:25-22 Investigative Summary This investigation was opened in March 2025 based on allegations received by the OIG in an anonymous complaint that representatives of AFSCME had solicited employees in the Public Works Department to join the union by misleading them to believe that they were eligible for union membership when they were not,effectively defrauding them of union dues they paid for membership.The anonymous complainant expressed that the union had done so in order to remain as a certified union at a time when its certification had been lost due to a lack of members. The OIG discussed this matter with Human Resources Director Marla Alpizar who explained that AFSCME was decertified during the Fall of 2024 due to its difficulty in retaining sufficient membership among City employees.She related that the union was in the process of applying for recertification,which has since occurred during 2025. Ms.Alpizar explained that only employees occupying positions deemed eligible to join a particular bargaining unit can be counted for the purposes of union certification and that there had been some contention regarding which employees in the City should be designated for membership in the bargaining unit.Some City employees in Public Works had that designation,but others did not.Those classified as "Other"were not designated to join any bargaining unit at the time. Ms.Alpizar added that during 2025 some positions,including many of those whose occupants had joined AFSCME in 2024 without their positions being designated to be in a bargaining unit at the time,had been redesignated this year as eligible to join the AFSCME bargaining unit by the Public Employee Relations Commission (PERC)for the State of Florida.She also informed that the prior practice of having union dues collected through City payroll had ceased and that it was up to the unions to collect dues,which are usually paid through automatic deductions from employees'private bank accounts. The OIG also spoke with Gregg Morton at the State PERC who explained that due to legislation passed two years ago there needs to be 60%of unit employees paying dues for a union to 1 maintain its certification.AFSCME had fallen short of that amount,which led to its decertification by PERC in 2024. The OIG interviewed Perola Arthuzo,Administrative Support Manager in Public Works,who had knowledge of the situation involving Public Works employees being solicited for membership in AFSCME.Although she is not a union member herself,she is involved in performing administrative duties for the City in connection with union activity.She was aware that some non- bargaining-unit employees in the department had been solicited for membership in AFSCME during 2024 and had subsequently learned that they were not actually in the bargaining unit,even though they were paying dues to the union,because they were classified as "Other"at the time they joined.She was aware that employees in "Operator"positions in the department had joined the AFSCME under the belief that they were eligible for membership in the bargaining unit because she had heard complaints from several of them. Based on the information provided by Ms.Arthuzo,the OIG contacted a number of employees who confirmed that they had been solicited to join AFSCME by union representatives at the time that AFSCME had come to the public works yard during 2024 to conduct a membership drive with the permission of the City.These initial interviews led to contacts with other members of the department whose names were provided by the initial interviewees.In all,the OIG identified 13 employees who had joined the unit under the impression that they were eligible to join the bargaining unit.Most had paid dues to the union through automatic bank account withdrawals of approximately $45/month.Several stated that they had cancelled the automatic withdrawals when they found out that they were not eligible for union membership.Among these,several had complained and requested refunds from the union,but at the time of their interviews by the OIG, none had received any refunds. The OIG discussed with the employees whether they had been intentionally misled by union representatives.Although most of them felt that they had been given the impression that they were eligible,there was little specificity to their recollections of exactly what they were told or by whom.There were no representations of their eligibility provided to them in writing,and some had joined simply because they knew others who were joining. It was clear that insufficient information was provided to them concerning their eligibility and that some information provided was likely inaccurate.However,due to the involvement of multiple union representatives in the recruitment,including City and non-City employees,as well as the informality of the recruitment process,it is highly unlikely that responsibility for providing misinformation could be placed on any individual. The OIG also spoke with union representatives in the City who were aware of the problem but were unable to explain how any miscommunication had occurred.The union maintains that it did not mislead any employees,but rather that there may have been confusion among them about their eligibility. Due to the unlikelihood that any provable fraud had occurred,the OIG sought to get the AFSCME officials to refund the monies paid to the union by ineligible employees.AFSCME attorney Adanna Ferguson was helpful in providing the names gathered by the OIG to union management. Although it took several months,all 13 individuals who were identified by the OIG as having paid 2 dues to the union under the foregoing circumstances have now received refunds.This vestigation is now closed. espectfully sub "ted, .Centorino Inspector General l3/a2a+-I I Date cc:Eric Carpenter,City Manager Marla Alpizar,Human Resources Director John Norris,Public Works Director Ricardo Dopico,City Attorney Rob Rosenwald,Deputy City Attorney Adanna Ferguson,Esq.,Attorney for AFSCME OFFICE OF THE INSPECTOR GENERAL,City of Miami Beach 1130 Washington Avenue,6"Floor,Miami Beach,FL 33139 Tel:305.673.7020 •Fax:305.587.2401 •Hotline:786.897.1111 Email:CityofMiamiBeachOIG@miamibeachfl.gov Website:www.mbinspectorgeneral.com 3