Miami-Dade Legislative Item
File Number: 112481
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File Number: 112481 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1029-11 Control: Board of County Commissioners
File Name: COLLECTIVE BARGAINING AGREEMENT Introduced: 11/28/2011
Requester: Internal Services Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 8F7
Notes: waiver request to 12/6/11 BCC 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 (AFSCME), MIAMI-DADE COUNTY AVIATION EMPLOYEES LOCAL 1542
Indexes: 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 12/6/2011 8F7 Adopted P

County Attorney 11/28/2011 Assigned Lee Kraftchick

County Mayor 11/28/2011 Assigned County Attorney 1/24/2012
REPORT: Internal Services (waiver request to 12/6/11 BCC) - Lee Kraftchick reviewed - pending cmte - Attachment: Collective Bargaining Agreement - Note: Please advise when it has been approved for legal sufficiency.

County Mayor 11/28/2011 Assigned Ed Marquez 11/23/2012

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 (AFSCME), MIAMI-DADE COUNTY AVIATION EMPLOYEES LOCAL 1542

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), Miami-Dade County Aviation Employees Local 1542 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 (AFSCME),
Miami-Dade County Aviation Employees Local 1542

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 (AFSCME), Miami-Dade County Aviation Employees Local 1542 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 1542 by $5.982 million. Both the Department 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 reopener of the agreement should the County’s economy improve that would permit both parties to discuss the reinstatement of the call-back provision currently being reduced from a four (4) hour minimum to a one (1) hour minimum.

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 preserve employees’ base pay. By agreeing to an additional five percent (5%) contribution of employees’ base pay to the County’s cost of health care, one holiday furlough day, the temporary suspension of Flex dollars and premium pay and reduction in call-back provisions, 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.

The following provisions will become effective upon ratification of the agreement:

Wages

All bargaining unit employees will contribute an additional five percent (5%) of base wages towards the County’s cost of health care, making the total per employee contribution ten percent (10%).

This 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. The County will have the right to re-open this Article for the purposes of negotiating whether these or similar reductions will be continued. 

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

Holidays, Holiday Premium Pay and Leave

One holiday will be taken as an unpaid furlough day. The Union has elected to suspend the President’s Day holiday for the term of the agreement, and designate such as the unpaid furlough day for its bargaining unit members.

Employees not scheduled to provide 24/7 operational coverage and who are scheduled to work a forty (40) hour work week will be allowed to take this day as an unpaid furlough day or utilize previously accrued Annual or Holiday leave on this day. The union agreed to an offsetting economic concession to fund this provision.

Special Wage Provisions

Employees will continue to receive merit increases and longevity bonus awards.

The payment of the $50 biweekly premium pay supplement will be suspended through September 30, 2014.

Call Back Savings

Call back pay provisions will be reduced from the minimum guarantee of four (4) hours overtime pay to one (1) hour overtime pay.

Either party may reopen the contract to negotiate whether this reduction will be continued in the third year of the Agreement (FY 2013-14) by scheduling negotiations beginning on June 4, 2013 and continuing through July 8, 2013. In the event that the parties are unable to reach an agreement beforehand, the dispute will be submitted to the Board of County Commissioners at the second regular meeting in July 2013, with the parties’ mutual waiver of any right to a hearing before a Special Magistrate, for final resolution of the impasse in accordance with the requirements of State law.

Seniority Based Layoffs and Related Provisions

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; employees will be laid off in accordance with layoff retention scores based upon seniority in the job classification.

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.

Language was added to the contract to ensure that supervisors afford flexibility to bargaining unit members affected by a layoff action to engage in job search activities and opportunities within the County service.

Group Health Insurance

The payment of Flex dollars will be suspended through September 30, 2014.

The County will have the right to reopen this Agreement to discuss the redesign of the County’s health plan for plan year 2013. Union participation will be obtained to discuss health plan provisions and benefits, prior to establishing premium contributions.

The County has agreed to maintain 2011 calendar year group health insurance premium rates at the same level for the 2012 calendar year.

Disability Leave

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

Other Contractual Changes

New articles reflective of the County’s current benefits and the Department’s current practice were incorporated in this agreement, which are described in Attachment 2.

Non-Contractual Savings

Other savings were achieved through efficiencies in operations, which were identified through a joint labor/management effort.  Upon analyzing its maintenance resources, it was determined that bargaining unit employees could perform canal maintenance functions more efficiently than an outside vendor. Additionally, the Union worked with the Department to revise uniform distribution procedures which yielded additional savings.

Attachment 2 is a more detailed summary of all changes under each article 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 interests 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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