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Home My WebLink About2004-25748 Reso RESOLUTION NO. 2004-25748 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A LABOR AGREEMENT BETWEEN THE CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES' UNION (AFSCME), LOCAL NO. 1554, FOR THE PERIOD FROM MAY 1, 2004, THROUGH APRIL 30, 2007, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, the City Manager is hereby submitting to the Mayor and City Commission a Labor Agreement (Labor Agreement) recently negotiated between the City and the American Federation of State, County and Municipal Employees Union (AFSCME), Local No. 1554, the bargaining agent certified by the Public Employees Relations Commission (PERC) for the employees covered by said Agreement; and WHEREAS, the previous labor agreement was for a three year term, from May 1,2001, through April 30, 2004, and has expired; and WHEREAS, the attached Labor Agreement is for a three year term, commencing on May 1, 2004, through April 30, 2007; and WHEREAS, the AFSCME bargaining unit ratified the attached Labor Agreement, and the City Manager recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute the Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute the attached Labor Agreement between the City and the American Federation Of State, County And Municipal Employees Union (AFSCME), Local No. 1554, for the period from May 1,2004, through April 30, 2007. PASSED AND ADOPTED this 8th ATTEST: ~ er1~~PmOVEDASTO FORM & LANGUAGI CITY CLERK & FOR EXECUTION MAYOR JMGI RIILG A 11 JU.n, n- F:\HUMA\LABORREL\Labor Relations\COmmiS6oUM4os~ntract tt:,ln7~ 0 City Auomer:~\ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution to ratify the three (3) year labor agreement between the City of Miami Beach and the American Federation of State, County and Municipal Employees (AFSCME) for the period from May 1, 2004 throuQh April 30, 2007. Issue: Shall the City of Miami Beach ratify the three (3) year labor agreement between the City of Miami Beach and the American Federation of State, County and Municipal Employees (AFSCME)? Item Summa IRecommendation: Adopt the Resolution. This Resolution will provide AFSCME Employees with an across the board cost-of- living increase of three percent (3%) retroactive to April 19, 2004, three percent (3%) starting April 25, 2005, and three and one half percent (3.5%) starting April 24, 2006, and will include the same increases to the minimum and maximum of the salary ranges. Additionally, there will be ten (10) days of Union Convention Time aid b the Cit . Advisory Board Recommendation: I Financial Information: Source of Amount Account Approved Funds: 1 $856,161 COLA - Several Departments 2 $7,386 Union Convention Time - Several Deoartments 3 4 5 6 Finance Dept. Total $863,547 City Clerk's Office Legislative Tracking: I Linda Gonzalez Assistant City Manager City Manager AGENDA ITEM DATE R.76- 12-~-Of.( CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfi.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: December 8, 2004 From: J~rge M. Gonzalez,\ ,y--~ City Manager 0 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A THREE YEAR LABOR AGREEMENT BETWEEN THE CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION, AFSCME LOCAL NO. 1554, FOR THE PERIOD FROM MAY 1, 2004, THROUGH APRIL 30, 2007, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. Subject: ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: On October 27, 2004, after thirteen sessions, negotiators for the City and the American Federation of State, County and Municipal Employees, AFSCME Local No. 1554, successfully concluded negotiations for a three year collective bargaining agreement. The AFSCME bargaining unit has 292 employees in 39 classifications in the following departments throughout the City: Building, Fleet Management, Parks and Recreation, Parking, Police, Fire and Public Works which includes the Property Management and Sanitation Divisions. The Union membership has reviewed and voted to ratify the proposed Agreement. While negotiators for the City and AFSCME were obliged to represent the best interests of their clients, the shared goal was to produce an agreement that provided equitable and competitive compensation and working conditions. In addition, the Administration worked to include flexibility to the contract to allow for creative and innovative approaches to address changes in the workforce and marketplace in an expeditious manner. Language has been developed that will preserve management rights and create reasonable methods to meet recruitment and retention challenges. The following is a summary of the most significant issues in the Agreement: WaQes The AFSCME bargaining unit will get a three percent (3%) across the board cost of living (COLA) increase effective retroactively with the pay period beginning April 19, 2004, an across the board increase of three percent (3%) beginning April 18, 2005, and an across the board increase of three and one half percent (3.5%) beginning May 1,2006. COMMISSION MEMORANDUM DECEMBER 8, 2004 COMMISSION MEETING PAGE -2 The minimums and maximums of the ranges will also be adjusted each year per the COLA increase. This contract also negotiated ten working days of Union Convention time per fiscal year for three delegates for the purpose of attendance at state and international conventions. The anticipated cost for the 2004 cost of living (COLA) increase is approximately $262,006. The anticipated cost for the second year COLA increase is approximately $269,866 and the anticipated cost for the third year COLA is approximately $324,289. There is also a "me-too" clause in this contract for an early-out pension proposal in the event that such a benefit is negotiated with the Communications Workers of America (CWA). The total cost of the wage proposal for the first year will be approximately $265,397. Maior Non-Economic Issues Health Insurance In order to allow the City flexibility for negotiating the best health insurance rates possible for the City, language was added to the contract to allow for changes in carriers and/or the scope and level of benefits in the health plan. This further allows the City the option to change the percentage of premium paid by the City from year to year, (provided that it remains at least 50%). This will also allow AFSCME members to participate in the five (5) current Health plans offered, instead of only the three (3) base plans, which they can currently participate in. Retiree Health Insurance The parties agreed that any bargaining unit member who elected/s to participate in the 401- A retirement program shall be required to work at least (10) years before becoming eligible for any retiree health benefits from the City. Ten (10) years of employment is already required for those employees who elected to participate in the City's pension plan. Flexible and Voluntary Benefits The City will also allow AFSCME's participation in the flexible and voluntary benefits plans which currently includes short term disability, U.S. Legal plan (legal services), universal life insurance, cancer, and critical care. These are optional plans that the employee can participate in at their own expense, while utilizing the packages available for City employees. The flexible benefits plan allow the employee to have money deducted pre-tax for the purposes of child care or additional medical expense as defined by the Internal Revenue Service (IRS) regulations. Election of Remedies The parties agreed that the grievance/arbitration process set forth in the Agreement, and the use of a Hearing Office shall be the methods available for resolving grievances regarding disciplinary matters filed by the bargaining unit. The Personnel Board will no longer have jurisdiction to hear any grievances or appeals filed by AFSCME members regarding disciplinary matters. COMMISSION MEMORANDUM DECEMBER 8, 2004 COMMISSION MEETING PAGE -3 Hurricane/Emergency Pay Contract language will be added to reflect the practice of paying time and one half (1.5) to those employees required to work should the City declare an emergency such as a hurricane, for up to three (3) days. Labor-Management Meetings In order to strengthen the parties' labor-management relations, AFSCME agrees to participate with the City Management in Labor-Management Committees to address issues or concerns from either side. Re-openers Effective January 1, 2006, the City reserves the right to re-open the article on uniform cleaning allowance and explore the possibility of a cleaning service in an effort to consider using a cleaning service for those positions involved in working with hazardous substances. Upon the conclusion of the Richard McKinnon pension benefit lawsuit (but no earlier than January 1, 2006), AFSCME may request a pension re-opener. Pension This contract will allow those AFSCME employees who are promoted to an Unclassified position to have an option to remain in the Classified pension system or move to the Unclassified pension system. Other articles AFSCME will adopt CWA's language on "Out of Class" pay which allows an employee to be paid out of class after one hour, instead of the current language which permits out of class pay after one quarter day of performing duties at a higher class. Out of Class is giving the employee an extra $1 per hour when they are working in a higher classification (as directed by management). AFSCME will adopt CWA's language for bereavement leave which allows for four (4) days off for employees who must attend out of state funerals. AFSCME will adopt GSA's language on stand-by pay which closely defines the employee's responsibilities should they be put on stand-by status. Stand-by pay is when and employee agrees to stand-by (come back to work) on a regularly scheduled day off. CONCLUSION: This negotiated contract ensures that the City of Miami Beach will meet its goals of continuing fiscal responsibility, hiring and retention of the best employees, maintaining the best pay and benefits available, while providing for an equitable contract for both the City and the AFSCME members. The Administration recommends that the Mayor and City Commission adopt the Resolution to implement the collective bargaining adjustments negotiated between the City of Miami Beach and American Federation of State, County and Municipal Employees (AFSCME) for the period covering May 1, 2004 through April 30, 2007. JMG\RI\~mr F:\HUMA\LABORREL\Labor Relations\Commission Memos\afscme 2004-2007 commission memo.doc