AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP IV, REPRESENTED BY THE COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178, IN ACCORDANCE WITH THE IMPOSED COLLECTIVE BARGAINING AGREEMENT, EFFECTIVE UPON RATIFICATION OF THIS AGREEMENT, THERE SHALL BE AN INCREASE IN PAY GRADE FOR THE FOLLOWING CLASSIFICATIONS: CRIME ANALYST SPECIALIST FROM H26 TO H32; CODE COMPLIANCE OFFICER I FROM H26 TO H27; CODE COMPLIANCE OFFICER II FROM H28 TO H31; PARKING METER TECHNICIAN I FROM H23 TO H25; AND PARKING METER TECHNICIAN II FROM H25 TO H27; EFFECTIVE OCTOBER 1 OF 2017, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH PAY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION.

The City of Miami Beach has the following five (5) classified employee groups that are represented by bargaining units:

• Group I - Represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554;

• Group II - Represented by the Fraternal Order of Police (FOP) William Nichols Lodge No. 8;
• Group III - Represented by the International Association of Firefighters (IAFF) Local 1510;
• Group IV - Represented by the Communications Workers of America (CWA) Local 3178; and

• Group V - Represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local 100.

The Communications Workers of America, Local 3178 is the Collective Bargaining Agent for the employees contained within the Certified Bargaining Unit employed with the City of Miami Beach. The CWA Agreement covers over 60 job classifications. The parties’ current Collective Bargaining Agreement expired on September 30, 2015. The parties met and bargained in over twenty (20) sessions. During bargaining, the City offered raises for each year of a three-year contract and hoped to receive in return certain management control issues.

On January 19, 2017, the City of Miami Beach, notified the Public Employees Relations Commission that the parties had reached an impasse and requested a list of available special magistrates. The parties held additional bargaining sessions, but ultimately were not able to reach an agreement. During these two years, CWA bargaining unit members received zero (0%) cost of living adjustments or across-the-board wage increases.

On February 21, 2017, the parties were notified of the selection of the Special Magistrate. On March 2, 2017, pursuant to Florida Administrative Code Rule 60CC-3.005, CWA filed its list of issues to be considered. On or about March 3, 2017, the City filed its list of issues. At hearing, CWA submitted its impasse position and the City presented a list of its impasse issues. The hearing took place on July 18, 19, 20, and 21, and continued to conclusion on August 24 and 25, 2017. Following the impasse hearing, both the City and CWA submitted a brief to the Special Magistrate. On December 18, 2017 the Special Magistrate made his recommendations. The Special Magistrate’s recommendation is only advisory, not binding. On January 5th, 2018 both the City and CWA rejected the Special Magistrates recommendations.

Florida law gives final authority and responsibility to the City Commission to resolve the impasse in bargaining between the City and the CWA. The City Commission may consider and resolve only items that are “properly” at impasse – items that were negotiated at the bargaining table on which no agreement was reached. At this point, a public hearing was set for April 13th, 2018 by the City Commission to resolve the issues at impasse.

As part of the City Commission’s final determination at the hearing on April 13, 2018, the CWA received an increase in pay grade for the following classifications:

• Crime Analyst Specialist from h26 to h32
• Code Compliance Officer I from h26 to h27
• Code Compliance Officer II from h28 to h31
• Parking Meter Technician I from h23 to h25
• Parking Meter Technician II from h25 to h27

The CWA will also receive an across the board cost-of-living adjustment of three percent (3%) effective October 1st, 2017. The minimum and maximum of each pay range will also be increased by three percent (3%) amending Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida accordingly. The ordinance amendment will ensure the City has an employee classification and compensation system that is reasonable and competitive.

The three percent (3%) COLA, effective October 1, 2017, represents an impact of approximately $793,000 to the City’s FY 2017/18 operating budget. The estimated figures do not take into consideration current turnover rates or vacant positions; however, we anticipate the impact of such to be minimal.

CWA bargaining unit employees, who separate from employment with the City prior to the approval of this ordinance will not be eligible to receive the COLA increase effective the first full pay period ending in October of 2017.