Miami-Dade Legislative Item
File Number: 112479
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File Number: 112479 File Type: Resolution Status: Deferred by the Board
Version: 0 Reference: Control: County Commission
File Name: AFSCME LOCAL 199 COLLECTIVE BARGAINING AGREEMENT Introduced: 11/28/2011
Requester: Internal Services Cost: Final Action:
Agenda Date: 12/19/2011 Agenda Item Number: 8F1
Notes: TLL- 11/28/2011 Title: RESOLUTION APPROVING AND RATIFYING EXECUTION OF THE 2011-14 COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, GENERAL EMPLOYEES, LOCAL 199
Indexes: AFSCME
  COLLECTIVE BARGAINING AGREEMENTS
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/19/2011 8F1 Deferred P
REPORT: . .

Board of County Commissioners 12/6/2011 8F8 Deferred 12/19/2011 P
REPORT: During consideration of change to today’s (12/6) agenda, the foregoing proposed resolution was deferred to the December 19, 2011 Board of County Commission meeting, as requested by the Mayor.

County Mayor 12/5/2011 Deferrals 12/6/2011
REPORT: The Mayor requested deferral of this item to the December 19, 2011 Board of County Commissioners meeting.

County Attorney 11/28/2011 Assigned Lee Kraftchick

County Mayor 11/28/2011 Assigned County Attorney 1/24/2012
REPORT: ISD (ASST. COUNTY ATTY: LEE KRAFTCHICK) (ATTACHMENT(S): ) (NO BCC SPONSOR PER THE RULES) (PLEASE LIST THIS ITEM ON THE AGENDA BEFORE LEGISTAR# 112477) (PENDING WAIVER FOR 12/6/2011)

County Mayor 11/28/2011 Assigned Ed Marquez 11/23/2011 11/23/2011

Legislative Text


TITLE
RESOLUTION APPROVING AND RATIFYING EXECUTION OF THE 2011-14 COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, GENERAL EMPLOYEES, LOCAL 199

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves and ratifies the Mayor’s action in executing the attached 2011-14 Collective Bargaining Agreement between Miami-Dade County, and the American Federation of State, County and Municipal Employees (AFSCME), Local 199, in substantially the form attached hereto and made a part hereof. The provisions of Resolution No. R-130-06 requiring that any contracts of the County with third parties be executed and finalized prior to their placement on the committee agenda are waived at the request of the County Mayor for the reasons set forth in the County Mayor’s memorandum.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Approval of 2011-14 Collective Bargaining Agreement Between Miami-Dade County and the American Federation of State, County and Municipal Employees, General Employees, Local 199

STAFF RECOMMENDATION
Recommendation
It is recommended that the attached 2011-14 Collective Bargaining Agreement (Attachment 1) between Miami-Dade County and the American Federation of State, County and Municipal Employees, General Employees (AFSCME), Local 199, be approved by the Board of County Commissioners.

Scope

The impact of this agenda item is countywide.

Fiscal Impact/Funding Source

The FY 2011-12 Adopted Budget was predicated on reducing labor costs for employees represented by AFSCME 199 by $52.5 million. The provisions of this agreement will generate savings of $34.2 million. Both the County and Union worked collaboratively to identify both contractual and non-contractual savings in order to reach a fiscally responsible agreement that achieves those savings. The identified savings recur for each applicable year of the contract.

In addition, there is a provision in the contract that allows for a re-opener of the agreement should the County’s economic conditions improve, the terms of which is such that it would permit both parties to discuss the reinstatement of some of the provisions currently being eliminated and/or frozen.

The remaining balance ($18.3 million) is associated with an additional five percent contribution to the County’s healthcare costs which the Union has opted to bring to the Board of County Commissioners as an impasse item for your consideration under a separate agenda item.


Track Record/Monitor

The Director of Labor Management and Compensation monitors and oversees the administration of this collective bargaining agreement.

MANAGER'S BACKGROUND
Background

Collective bargaining negotiations produced the attached contract which was ratified by the Union membership and is now being submitted for your approval. This contract represents a fair and equitable Agreement with the bargaining unit and is the product of good faith negotiations between the parties. It recognizes the services provided by these public servants while ensuring the continued delivery of quality services to the public in a fiscally responsible manner. The following is a summary of the primary contractual and non-contractual changes affecting the employees covered by this agreement (Attachment 2). The terms of this agreement do not impact employees’ base pay. By agreeing to furlough days and the temporary forfeiture of supplemental pay, employees will be eligible for merit increases and longevity bonuses during the term of this agreement.

Term of Agreement

This is a three (3) year contract for the period of October 1, 2011 through September 30, 2014.

Seniority Based Layoffs

The parties have agreed to transition to seniority based layoff calculations subsequent to the agreement of the County’s other unions to conduct layoffs on the same basis. There will be a joint review of the Layoff Procedures Manual by all concerned bargaining units and the County to revise and modernize retention score calculation methodologies.

Disability Leave

The County has the right to reopen the agreement to discuss issues and changes related to the County’s Service Connected Disability Program under Section 2.56 of the Miami-Dade County Code.


Holidays, Holiday Premium Pay and Leave

Effective upon ratification of this agreement, six holidays and two additional days will be taken as unpaid furlough days. For FY 2011-12, employees who work a full shift on Independence Day will earn an Administrative leave day.

On-Call Pay, Trades Allowance, Tool Allowance, and Other Supplemental Pay

Effective upon ratification of the Agreement the on-call pay provisions, trades allowance, tool allowance, and other supplemental pay as detailed on Exhibit 2 will be suspended.

Either party will have the right to re-open the agreement in June 2013 to negotiate whether these reductions will be continued in the third year of the agreement (FY 2013-14).

Wages

All employees in Bargaining Unit classifications will continue to contribute five percent (5%) of base wages towards the County’s cost of health care.

The parties are at impasse over whether an additional five percent (5%) contribution will be required from all Bargaining Unit members covered under this contract. In order to resolve this matter, the parties have agreed to submit to the County Commission, with the parties’ mutual waiver of any right to a hearing before a Special Magistrate, for final resolution of the parties’ impasse, the issue of whether employees will be required to contribute an additional amount, not to exceed five percent (5%) of their base wages (a total contribution of 10%), towards the County’s cost of health care.

The health care contribution will continue only through January 1, 2014, at which time the monies comprising the health care contribution will be reinstated to the employees’ pay, provided however, that the County will have the right to reopen this provision of the Collective Bargaining Agreement for the purpose of negotiating whether these or similar reductions will be continued.

No wage adjustments or pay increases have been granted in this agreement.

Entrance Pay

Changes were made to the collective bargaining agreement that will change the length of time to progress from pay step 1 to step 2 for all employees hired following ratification of this agreement. Progression from the entrance level pay of step 1 to step 2 will be changed from six months (13 pay periods) to twelve months (26 pay periods) based upon satisfactory or above satisfactory job performance. This period of time is equal to the probationary period for all Union job classifications.

Group Health Insurance

Effective upon ratification of this agreement, the County’s contributions to the Flexible Benefits Plan will be suspended through September 30, 2014 and thereafter be reinstated. Employees’ 2012 calendar year group health premiums will remain at the 2011 calendar year rate.

Hurricanes

In case of a hurricane warning, consideration will be given to those employees in classifications that are essential to take steps to secure their families, homes and personal property in accordance with the Miami-Dade County Hurricane Preparedness Manual. Attachment 2 is a more detailed summary of all contractual changes under each article of the agreement for your review.

The requirements of Resolution R-130-06, that any contract between the County and third parties be executed and finalized prior to their placement on a committee agenda, may be waived by the Board of County Commissioners upon recommendation by the County Mayor that it is in the best interest of the County to do so. Therefore, it is respectfully recommended that these requirements be waived for this Collective Bargaining Agreement, based on the provisions of the accompanying resolution that requires the Board to first approve and ratify this Agreement prior to it being executed by the Mayor. Accordingly, this Agreement will be executed by the parties subsequent to its approval and ratification by the Board.



____________________________
Deputy Mayor



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