Item Coversheet

Resolutions - R7  D




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:April  22, 2020
 



SUBJECT:

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO RATIFY A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE COMMUNICATIONS WORKERS OF AMERICA (CWA), LOCAL 3178, AS AN AMENDMENT TO THE LABOR AGREEMENT COVERING THE PERIOD FROM OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2021, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MEMORANDUM OF UNDERSTANDING.


RECOMMENDATION

Adopt the Resolution.

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).

The City Commission ratified the Labor Agreement between the City of Miami Beach and the Communications Workers of America, Local 3178, covering the period from October 1, 2018 through September 30, 2021 on October 30, 2019.

ANALYSIS

Following the ratification of the Labor Agreement between the City of Miami Beach and the Communications Workers of America, Local 3178, the City and CWA began meeting to discuss the possible modification of section 9.14 titled “Seniority”. After three meetings, on January 7, 2020, the City and CWA reached a proposed memorandum of understanding, which modified the language within section 9.14 titled “Seniority” for the Labor Agreement between the City of Miami Beach and the Communications Workers of America, Local 3178.

The CWA leadership held a ratification vote on the proposed memorandum of understanding on Tuesday, January 14, 2020. As per the attached email from the CWA President, Osvaldo Garcia Jr., the memorandum of understanding was ratified by the employee bargaining unit members.

The following language consists of the newly agreed upon terms by both parties for section 9.14 “Seniority”:

Effective upon ratification of this Agreement, seniority for all CWA employees shall be measured by the most recent full-time date of employment with the City except:

For those members whose most recent full-time date of employment is the same, seniority will be determined by the most recent full-time date within the department; and
For those members whose most recent full-time date of employment and most recent full-time department date are the same, seniority shall be determined by the higher score on the eligibility list.

For those members whose most recent full-time date of employment, most recent full-time department date, and eligibility list scores are the same, or where two people are not on the same eligibility list, or where the eligibility list no longer exists, seniority shall be determined by total service hours to date with the City.

When vacations are scheduled, permanent vacancies or shifts are filled, promotions are made to a position within the bargaining unit, seniority shall apply when all other factors are equal.

The definition of seniority herein shall replace any prior definition(s)/applications of seniority.

Seniority will not apply in an emergency.

CONCLUSION

The Administration finds the provisions of this memorandum of understanding fair to the employees and efficiently responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the proposed memorandum of understanding.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Human Resources

ATTACHMENTS:
Description
MOU
Reso