File Number: 112483
|Printable PDF Format Clerk's Official Copy|
|File Number: 112483||File Type: Resolution||Status: Adopted|
|Version: 0||Reference: R-1030-11||Control: County Commission|
|Requester: Internal Services||Cost:||Final Action: 12/6/2011|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|Board of County Commissioners||12/6/2011||8F10||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. (LIST ON THE AGENDA BEFORE LEG# 112484)|
|County Mayor||11/28/2011||Assigned||Ed Marquez||11/23/2011|
RESOLUTION APPROVING AND RATIFYING EXECUTION OF THE 2011-14 COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION – LAW ENFORCEMENT SUPERVISORY UNIT (PBA)
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 Dade County Police Benevolent Association – Law Enforcement Supervisory Unit 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.
To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Subject: Approval of 2011-14 Collective Bargaining Agreement Between Miami-Dade County
and the Dade County Police Benevolent Association – Law Enforcement Supervisory Unit
It is recommended that the attached 2011-14 Collective Bargaining Agreement (Attachment 1) between Miami-Dade County and the Dade County Police Benevolent Association (PBA) – Law Enforcement Supervisory Unit, be approved by the Board of County Commissioners.
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 PBA Supervisors by $4.603 million. The provisions of this agreement will generate savings of $3.308 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 indentified 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 economy improve that would permit both parties to discuss the reinstatement of some of the provisions currently being eliminated and/or frozen.
The remaining balance ($1.295 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.
The Director of Labor Management and Compensation monitors and oversees the administration of this collective bargaining agreement.
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.
Article 35 of the contract, Wages, contains an impasse issue which is being submitted directly to the Board for final resolution. The matter in question is whether employees will be required to contribute an additional amount, not to exceed five percent (5%) of base wages, towards the County’s cost of health care. If approved, the employees’ contribution will be increased to ten percent (10%) of base wages. This matter will be presented as a separate item, following the Board’s consideration of the balance of this agreement.
The following is a summary of the primary contractual and non-contractual changes affecting the employees covered by this Agreement. The terms of this agreement preserve employees’ base pay. By agreeing to the temporary suspension of holiday premium pay, holiday leave accruals, Flex dollars, supplemental pay and benefits, 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.
Upon Ratification of the Agreement, The Following Provisions Will Be Implemented:
Holidays, Holiday Premium Pay and Leave Savings
Holiday premium pay and leave accrual associated with ten (10) holidays as provided by Article 21 will be suspended through September 30, 2014. These holidays will be designated as regular work days.
Employees who work a full shift on the Thanksgiving, Christmas, or Independence Day holidays will earn a day of Administrative leave.
Call Back and Court Time Savings
The parties have agreed to reduce the minimum guarantee of four (4) hours overtime compensation to one (1) hour of overtime compensation which is paid to employees who are called back to work while off duty.
Also reduced, from the minimum guarantee of four (4) hours overtime compensation, to two (2) hours of overtime compensation are the pay provisions governing Court Time in Article 26 of the contract.
There is a reopener provision, which permits either party in June 2013 to reopen the contract to negotiate whether these reductions will be continued in the third year of the agreement (FY 2013-14). In the event that the parties are unable to reach an agreement beforehand, the dispute will be submitted to the County Commission 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.
Currently, work performed each day by non-job basis (hourly) members beyond the regularly scheduled hours of work is paid on an overtime basis. This provision has been eliminated; only work that is performed in excess of forty hours each week by non-job basis members will be paid at the overtime rate. This overtime calculation is in accordance with the provisions of the Fair Labor Standards Act (FLSA).
All employees in bargaining unit classifications will continue to contribute five percent (5%) of their base wages toward 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, towards the County’s cost of health care.
This 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 purposes of negotiating whether these or similar reductions will be continued.
No wage adjustments or pay increases have been granted in this agreement.
Premium Pay Savings
The following premium pay supplements will be suspended through September 30, 2014:
* Annual uniform maintenance allowance of $ 300.00.
* Non-sworn law enforcement support specialty pay supplement of $80 bi-weekly.
Night shift differential pay will be reduced from two (2) pay steps to one (1) pay step.
There is a reopener provision which permits either party in June 2013 to reopen the contract to negotiate whether these reductions will be continued in the third year of the Agreement (FY 2013-14). In the event that the parties are unable to reach an agreement beforehand, the dispute will be submitted to the County Commission 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
The Union has agreed to seniority based layoffs; 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 layoff procedures to revise and modernize retention score calculation methodologies for this unit.
Employees who are assigned take-home vehicles will pay $50.00 each pay period toward the maintenance cost of the vehicle.
Group Health/Life Insurance
Effective the first pay period after ratification by the Board of County Commissioners, the Union has agreed to the suspension of Flex dollars 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.
Term of Agreement and Reopener
This article contains a reopener clause that permits the Union to request the reopening of the agreement with respect to pay, benefits, or pay supplements, in the event another County collective bargaining unit negotiates and/or receives an increase in pay, benefits or pay supplements, which is effective during the term of this Agreement, and is greater than the increase in pay, benefits, or pay supplements provided for in this collective bargaining agreement.
Other non-contractual savings have been identified through joint labor/management efforts. These include the elimination of certain executive level positions, reductions to expenses associated with outside contracts that may be used to offset other losses and delays in certain operating expenditures. 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.
E-mail your comments,
questions and suggestions to