2007-26626 ResoRESOLUTION NO. 2007-26626
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RATIFYING A THREE YEAR
LABOR AGREEMENT BETWEEN THE CITY AND THE
COMMUNICATIONS WORKERS OF AMERICA (CWA), LOCAL 3178, FOR
THE PERIOD FROM OCTOBER 1, 2006, THROUGH SEPTEMBER 30, 2009,
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE AGREEMENT.
WHEREAS, the City Manager is hereby submitting to the Mayor and City Commission the
attached Labor Agreement, recently negotiated between the City and the Communications Workers
of America (CWA), Loca13178, 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 period from October 1,
2003, through September 30, 2006; and
WHEREAS, the CWA bargaining unit has ratified the attached Labor Agreement and the
City Manager recommends that the City Commission ratify and authorize the execution of the Labor
Agreement between the City and the CWA Union.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor
Agreement between the City and CWA Local 3178 for the period covering October 1, 2006, through
September 30, 2009, is hereby ratified, and the Mayor and City Clerk are authorized to execute the
Agreement.
PASSED AND ADOPTED this5~h~day of September , 2007.
ATTEST:
~M
CITY CLERK
Robert Parcher
F:Uabo\LABORREL\Labor Relations\Commission Memos\Resolutions\CWA Resolutio¢ for 2006-2009 co¢tract.doc
Matti Herrera Bower
Vice-Mayor
APPROVED A8 TO
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COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida ratifying a three (3) year
labor agreement between the City of Miami Beach and the Communications Workers of America (CWA), Local
3178 for the period from October 1, 2006 through September 30, 2009 and authorizing the execution of this
Agreement.
Key Intended Outcome Supported:
(1) Attract and maintain a quality workforce, and (2) ensure expenditure trends are sustainable over the
long term.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City of Miami Beach ratify the three (3) year labor agreement between the City of Miami Beach and
Communications Workers of America (CWA)?
item ~ummaryiKecommenaation:
Adopt the resolution. This Resolution will provide CWA employees with an across the board cost-of-living
increase (COLA) of 6% for the first pay period ending in October 2007; 5% for the first pay period ending in
October 2008; and 4% for the first pay period ending in October 2009, and will include the same increases to
the minimum and maximum of the salary ranges. Implement an Early Retirement Incentive Program (ERIP)
whereby bargaining unit members age 47 or older with 25 or more years of credited service as of January 28,
2008, would be eligible to retire. Eligible members would have to electthe ERIP and retire between October27,
2007 and January 28, 2008. Members who elect the ERIP would receive their accrued benefit underthe Miami
Beach Employees Retirement Program (MBERP) with no penalty for early retirement. Further, due to a market
rate analysis determined by the Human Resources Department, several classifications within the Property
Management and Code Compliance will be changed to a higher pay grade to remain competitive in the market
place. The union time bank will also be increased to 3,000 hours (from 1,500 hours). Additionally, a new leave
settlement program will be implemented to discourage the use of sick call outs, and a sick leave sell back
program will be introduced to allow employees to sell back up to fifty (50) hours each year as long as the
employee retains a minimum of 360 combined sick and vacation leave and meets other necessary requirements
as outlined in the program. The maximum number of sick leave hours that may be sold back on each sell back
date shall be reduced by one (1) hour for each hour of unscheduled leave (defined as sick and emergency
vacation) the employee used during the applicable annual sell back period. The new contract also increases
the maximum vacation leave settlement to 620 hours (from 480 hours). Also, the seniority of all employees in
the CWA unit will be measured by the length of time they have been employed by the City, rather than
measuring seniority by the time in grade in a particular classification. Note: The outcome of the CWA
ratification vote will not be available until after the agenda goes to print and therefore the outcome of the
vote will be provided as a supplemental item.
Financial Information:
Source of Amount Account
Funds: ~ $3,043,579 Total amount of COLAs for the 2006-2009 CWA contract
2 $147,420 To be incorporated in the actuarial estimate to be included
in the FY 2008-2009 bud et
3 $336,333 Cost associated with union time bank increase and market
rate analysis adjustment which are included in various
de artmental sala bud ets over the course of three ears.
OBPI Total $3,527,332
Financial Impact Summary: The above is a breakdown of the cost of all items of the 2006-2009
CWA contract.
City Clerk's Office Legislative Tracking:
Linda Gonzalez, Labor Relations Director
Sign-Offs:
Department Director Assistant City Manager City Manager
Linda Gonzalez Ramiro Inguanzo Jorge M. Gonzalez
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~ MIAMIBEACH
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AGENDA ITEM R
DATE 4'S'G ~'J
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: September 5, 2007
suB~ECr: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA RATIFYING A THREE YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
COMMUNICATIONS WORKERS OF AMERICA, LOCAL 3178, FOR THE
PERIOD FROM OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2009,
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On August 20, 2007, after six (6) negotiation sessions, negotiators for the City and
the Communications Workers of America (CWA) successfully reached a tentative
agreement and concluded contract negotiations for a three (3) year collective
bargaining agreement for the period of October 1, 2006 through September 30,
2009. Both the Administration and the CWA worked diligently throughout these
sessions to reach common ground on the negotiation proposals made by each side.
All employees whose classifications are covered by the Communications Workers of
America (CWA) collective bargaining agreement (approximately 464 employees) will
have the opportunity to vote for contract ratification on August 31, 2007. The
outcome of the CWA ratification vote will not be available until after the agenda
goes to print and therefore the outcome of the vote will be provided as a
supplemental item.
While negotiators for the City and the CWA were obliged to represent the best
interests of their respective stakeholders, the shared goal was to produce an
Agreement that was equitable to both parties and contained competitive
compensation and working conditions. The following is a summary of the most
significant changes that resulted from negotiations:
Wades
The term of the Agreement will extend for three (3) years from October 1, 2006
through September 30, 2009. Consistent with the current consumer price index
(CPI), effective with the first payroll period ending in October 2006, CWA bargaining
unit employees will receive a six percent (6%) salary cost of living (COLA) increase.
Effective with the first payroll period ending in October 2007, bargaining unit
employees will receive a five percent (5%) COLA increase. Finally, effective with
the first payroll period ending in October 2008, bargaining unit employees will
receive a four (4%) cost of living (COLA) increase. The minimum and maximum of
the salary range for each position in the CWA will be adjusted accordingly each year
of the contract. The contract cost for the three year COLA increase is approximately
$3,043,579.
Other Economic Issues
Early Retirement Incentive Plan (ERIP)
A voluntary ERIP may result in overall cost savings to the City, should all eligible
employees elect the option to retire early. The Administration also negotiated a
voluntary early retirement option (ERIP) as part of the 2006-2009 collective
bargaining agreement with the CWA. Under the new ERIP, bargaining unit
members age 47 or older with 25 or more years of credited service as of January
25, 2008, would be eligible for the ERIP. Eligible members would have to elect the
ERIP and retire between October 27, 2007, and January 25, 2008. Members who
elect the ERIP would receive their accrued benefit under the MBERP with no
penalty for early retirement. As negotiated, the new ERI P would also be available to
members of the AFSCME and GSA bargaining units. It is estimated that twenty (20)
employees in the civilian bargaining units will be eligible for the ERIP. Of the twenty
(20) employees, ten (10) are in the CWA.
The actuarial cost for ERIP is approximately $147,420 (for the CWA unit). If all
eligible employees in the CWA were to take advantage of the ERIP, the overall
savings is estimated at $25,666, due to payroll savings from hiring replacements at
entry level salaries versus the higher salaried employees retiring.
Pay grade changes to Property Management and Code Compliance positions
Due to a market rate analysis determined by the Human Resources Department,
several classifications within Property Management and Code Compliance will be
changed to a higher pay grade to remain competitive in the market place.
Union Time Bank
Due to the size of the bargaining unit, which encompasses approximately 464
employees, the union time bank has been increased from 1,500 to 3,000 hours per
year.
Other Contractual Agreements
Sick Leave Sell Back Program & Leave Settlement
During the term of this contract, the City will re-institute a sick leave sell back
program. The purpose of the program is to provide an incentive to use less sick
leave time and thereby decreasing the need for overtime to replace sick all outs. In
addition, since employees are selling back their sick time throughout the term of the
contract instead of at the end of their employment (when the sick time is at its
highest value), the overall cost is reduced.
The sick leave sell back program would allow the sell back of up to fifty (50) hours
each year, as long as the employee retains a minimum of 360 combined sick and
vacation leave and meets other necessary requirements as outlined in the program.
The maximum number of sick leave hours that may be sold back on each sell back
date shall be reduced by one hour for each hour of unscheduled leave (sick time
and emergency vacation) the employee used during the applicable annual sell back
period (e.g., if an employee uses 10 hours of sick time he is only eligible to sell back
forty (40) hours).
Leave Settlement Cap
The new contract increases the annual maximum accrual amount of annual leave
from 360 hours to 500 hours. In addition, the new contract increases the maximum
payout for vacation at time of separation to 620 hours, which is an increase from the
current 480 hours.
Definition of Seniority
At the request of the union to standardize the seniority article, the seniority of all
employees in the CWA unit will be measured by the length of time they have been
employed by the City, rather than measuring seniority by the time in grade in a
particular classification, (as it is currently done in some classifications).
CONCLUSION:
The outcome of the CWA ratification vote will not be available until after the agenda
goes to print and therefore the outcome of the vote will be provided as a
supplemental item.
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 Communication Workers of America (CWA) for the
period covering October 1, 2006 through September 30, 2009.
JMG/RI/LG
T:WGENDA\2007\sep0507\RegularlCommission memo for CWA 2006-2009.doc