Item Coversheet

Resolutions - R7  E




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:October  30, 2019
 



SUBJECT:

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, 2018 THROUGH SEPTEMBER 30, 2021; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT.


BACKGROUND/HISTORY

The City’s workforce is divided into seven salary groups: (1) those covered by the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2) those covered by the Communications Workers of America, Local 3178 (CWA) bargaining unit; (3) those covered by the Government Supervisors Association of Florida/OPEIU, Local 100 (GSA) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassified; and (7) “Others” (classified service employees not represented by a bargaining unit).

ANALYSIS

On September 30, 2018, the two-year collective bargaining agreement between the City of Miami Beach and the CWA (covering the period of October 1, 2016 through September 30, 2018) expired. The City and CWA began meeting in June 11, 2019 to negotiate a successor agreement. After three formal negotiation sessions, on August 5, 2019, the City and CWA reached a tentative three-year agreement covering the period of October 1, 2018 through September 30, 2021.

The CWA leadership held a ratification vote on the proposed agreement on Wednesday, September 18, 2019. As per the attached email from the CWA President, Osvaldo Garcia Jr., the agreement was ratified by the employee bargaining unit members.

The following is a summary of the newly negotiated terms between the parties:

COST-OF-LIVING ADJUSTMENTS (COLA)

8.1 - Wages:
COLA: October 1, 2018- 1%
October 1, 2019- 1%
October 1, 2020-1% (2% possible if general fund revenues increase by more than 11%)

OTHER FISCAL ITEMS

Section 7.4 – Overtime

 
For all hours worked during a forced overtime, the City shall pay two (2) times the employees straight time hourly rate of pay.
Union time pool hours will count as time worked for the purposes of overtime.

For all hours worked on an employee’s seventh consecutive workday within his/her workweek, the City shall pay two (2) times the employees straight time hourly rate of pay, provided the employee has worked his/her full shift on each of the six (6) preceding workdays.

Section 7.5 – Distribution of Overtime Work

Employees who are forced to work overtime cannot be forced again until the list has been exhausted in reverse order of seniority provided that the employee being forced does not work or is not scheduled for more than sixteen (16) hours without an eight (8) hour break.

Section 7.13 Essential Personnel (Hurricane Pay)

Adopted the same language as the AFSCME agreement.

Section 8.16 Public Safety - PSCD

Dual dispatcher premium increased to 6%.

Communications Operators, Complaint Operators, and Dispatchers hired after ratification of this agreement will receive a 3% salary increase after completing both one (1) year of satisfactory employment (with an overall evaluation score of 3 or above) and a satisfactory probationary period, and after attaining the State of Florida Department of Health 911 Public Safety Telecommunicator Certificate.

Current Communications Operators, Complaint Operators, and Dispatchers hired on or after January 2017 and on or before September 2017 will receive a one-time 3% increase after meeting this same criteria.

Communications Operators, Complaint Operators, and Dispatchers hired on or after January 2017 and on or before September 2017 will receive a one-time 4% salary increase after completing three (3) years of satisfactory employment (with an overall evaluation score of 3 or above) and after attaining and maintaining the State of Florida Department of Health 911 Public Safety Telecommunicator Certificate.

Current Communications Operators, Complaint Operators, and Dispatchers hired on or before December 2016 and who are not maxed out within their salary range will receive a one-time 4% increase.

This four percent (4%) salary increase will not apply to Communications Operators, Complaint Operators, or Dispatchers hired after ratification of this agreement who started at 10% or more above the minimum of their initial salary range, or to employees who had a salary adjustment of more than 10%.

Accreditation Performance Incentive - Communication Operators, Complaint Operators, and Dispatchers will receive $500 every three-months (quarterly) while assigned to PSCD as long as:

1) the employee maintains call-taking monthly average case evaluation compliance levels at or above current prevailing International Academies of Emergency Dispatch (IAED) accreditation levels. The above current IAED accreditation levels must be accomplished in each discipline separately, Emergency Police Dispatch (EPD), Emergency Medical Dispatch (EMD), or Emergency Fire Dispatch (EFD), for the previous three-months (quarter).

2) the employee also must have collectively processed in the previous three-months a minimum of one-hundred (100) EPD, EMD, or EFD calls for service in order to be eligible to receive the $500 incentive payment.

Section 8.16 Public Safety – Marine Pay

Assignment pay went from 2.5% to $1.00 an hour

Section 8.16 Public Safety – Ocean Rescue

Salary grade increases:

Lifeguard I - H52 to H54
Lifeguard II – H56 to H58
Lifeguard Lieutenant – H58 to H60

Section 8.16 Public Safety – Parking

Salary grade increases:

Parking Enforcement Officer I – H22 to H24
Parking Dispatchers – H24 to H25

Right of Way designee to receive $2.00 per hour.

Section 8.24 EMT

Pay supplement 6%; pensionable

Section 8.26 Hazardous Duty Pay

Ocean Rescue - $50 dollars biweekly


MISCELLANEOUS

Section 7.7 Rest Periods

Code Officers and Administrators may request with the approval of the employee’s supervisor, the two fifteen (15) minute rest periods to be combined with the employee’s thirty (30) minute meal break, providing for a sixty (60) minute meal break.

Section 8.1 Wages

Merit Ratings:

3 - 4.24= 2%
4.25 - 5=3%

Section 8.4 Bereavement Leave

Three (3) scheduled works days off if the funeral is more than 200 miles away.

Section 8.11 Uniforms


Code Compliance shall be provided with a Code jacket and Administrative Aides/Clerical Staff in the Police Department shall be provided with two polo shirts.

Section 8.27 Light Duty


Requests for temporary light duty.

Section 9.14 Seniority

Measured by the length of full-time status within the department.

Section 9.15 Safety Shoes

Included CIP Inspectors.

Section 9.18 Beach Patrol Promotions

Points for years of service with the City

ARTICLE 10: DRUG & ALCOHOL TESTING

Hallucinogens added to the test panel.

CONCLUSION

The Administration finds the provisions of this contract fair to the employees and fiscally responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the proposed labor agreement.

Applicable Area

Citywide
Is this a Resident Right to Know item? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Human Resources

ATTACHMENTS:
Description
CWA ratification vote email
CWA 2018-2021 Contract
Reso