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HomeMy WebLinkAboutR-00-0191J-00-145 2/9/00 00— 0 — � �. RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, MODIFYING THE EXISTING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND' THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME), LOCAL 1907 IN EFFECT FOR THE PERIOD OF OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 20.01, PURSUANT TO RESOLUTION NO. 98-564, ADOPTED JUNE 9, 1998, BY THE CITY COMMISSION; SAID MODIFICATION TO PROVIDE FOR A SINGLE TIER SALARY STRUCTURE FOR CITY EMPLOYEES. WHEREAS, the City of Miami (City) and the American Federation of State, County and Municipal Employees (AFSCME), Local 1907, the collective bargaining agent for general employees have entered into discussions that resulted in a modification to the existing collective bargaining contract to address hiring and retention issues faced by the City; and WHEREAS, AFSCME and the City have agreed to a single tier salary structure for bargaining unit employees, as specified in the attached Memorandum of Understanding; and WHEREAS, AFSCME has agreed to dismiss, upon achievement of all appropriate authorizations, the Unfair Labor Practice proceedings (#CA -99-079) on this issue currently before the Public Employee Relations Commission; �ATTACHMEHT(S) CITY CObMSSION, MEETING OF FES 17 2000 Resolution No. ': , �. _ NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to: this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized" enter into a Memorandum of Understanding, in substantially the attached form, modifying the collective bargaining agreement between the City of Miami and AFSCME, Local 1907, in effect for the period of October 1, 1998 through September 30, 2001, pursuant to Resolution No. 98-564, adopted June 9, 1998, by the City Commission, said modification to provide for a single tier salary structure for City employees. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ 1/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and -Code ,provisions. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. Page 2 of 3 0110 '` PASSED AND ADOPTED this 17th day of February , 2000. JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor d d not 'tt-,,€i5; "e approval of this legislation by signing it in the designated placeprovided, said legg slution now becomes effective with the elapse of ten(10) s from the date of mirsion action regarding same, without the Mayo exer si veto /J ATTEST: 1 r e.-I�roeman, City WALTER J. FOEMAN CITY CLERK CORRECTNESS:/ 4151:hdb:RCL If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 U 1 9 MEMORANDUM OF .UNDERSTANDING AFSCME, LOCAL 1907 TIER 2 CONVERSION In an effort to address various Tier 2 issues as well as Tier 2 recruiting difficulties experienced by the City, the .City and AFSCME, Local 1907, hereby agree to dissolve Tier 2 in accordance with the following provisions: 1) All Tier 1 salary ranges will be adjusted to reflect five pre -steps before the Step 1 of each range. The five pre -steps will approximate a 5% difference between each pre -step. 2) Any current AFSCME bargaining unit employee in Tier 2 at Step 5 or below will be placed at an appropriate pre -step approximating a 5% increase. 3) Current AFSCME bargaining unit employees transferred to a pre -step will continue to receive appropriate anniversary and longevity increases in accordance with APM-5-78. 4) Any current AFSCME bargaining unit employee in Tier 2 at Step 6 or greater will be placed on the nearest equivalent step in Tier 1. Such placement will not result in a decrease in pay to a transferred employee. 5) Any current AFSCME bargaining unit employee transferred from Tier 2 and placed on a non pre -step in Tier 1, who does not have the appropriate years of service equivalent to the step the employee is transferred to, shall be partially red - circled until the employee's years of service equate to the next step. "6) Current Tier 2 AFSCME bargaining unit employees in classifications presently experiencing recruiting difficulties will be placed at a step that would minimize the recruiting difficulty as determined by the Department of Human Resources. The classifications identified as presently experiencing recruiting difficulties are: Communications Operator, Communications Operator Supervisor, Latent Print Examiner, and Inspector Classifications in the Building Department. The employees in the identified classifications will, at a minimum, be placed at Step 1 of Tier 1. 7) Upon implementation of the Tier 2 conversion, newly hired AFSCME bargaining unit employees will not be placed at a Tier 1 salary rate greater than an employee who was transferred to Tier 1 of that same classification, unless the new hire has exceptional qualifications or there is a lack of available eligible applicants as may be determined by the Department of Human Resources. 8) The implementation of this agreement will not result in a change to employee anniversary or longevity dates. Employees transferred to Tier 1 as a result of this agreement will receive their anniversary and longevity raises as scheduled. 9) Nothing in this agreement will result in a decrease in salary for bargaining unit employees 10) AFSCME agrees that upon execution of this agreement, it will forthwith request a "Stay." of the ULP proceedings on this issue currently before the Public Employees Relations Commission (FERC). AFSCME further agrees that upon achievement of all appropriate authorizations, it will forthwith dismiss the ULP proceedings on this issue currently before PERC. --• The parties agree that the above provisions of the conversion of Tier 2 will take place as soon as practical but not before all appropriate authorizations are achieved. It is further agreed that the conversion of Tier 2 will be implemented at the same time for all current AFSCME bargaining unit employees. /Zo Charles Cox,'President ate AFSC ocal 1907 /b 14100 Donald H. Warshaw Date City Manager CITY OF MIAMI, FLORIDA 18 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Me4halWarshaw City Commission FROM: City Manager RECOMMENDATION: DATE: _ j FILE: SUBJECT: Amendment to AFSCME Labor Agreement REFERENCES: ENCLOSURES: The City Commission is requested to approve the attached Resolution amending the labor agreement between the City of Miami and the American Federation of State, County, and Municipal Employees (AFSCME), Local 1907. The amendment will incorporate a Memorandum of Understanding entered into between the City and AFSCME, Local 1907, which provides for elimination of the Tier 2 wage -system. BACKGROUND: In 1984, as a result of labor negotiations with AFSCME, a new salary schedule was implemented (Tier 2) whereby all new employees were hired at 25% below the previous salary schedule (Tier 1). When the Tier 2 wage -system was implemented, the market rate for new hires was not taken into consideration. As a result, the City has found that, over the years, the Tier 2 wage -system has severely eroded its ability to attract and keep employees. In fact, when the City was facing the 1996 fiscal crises, the Blue Ribbon Panel in its review of City practices stated that the Tier 2 wage -system was a detriment to the City and should be dissolved. The City recently found itself in the position of having to start new hires at the maximum rate of a salary range in order to attract new employees and to considerably increase the salary rate of current employees to prevent them from being hired by other government jurisdictions. This practice has led to the filing of an Unfair Labor Practice charge by AFSCME, Local 1907, for violating the labor agreement. The Memorandum of Understanding entered into between the City and AFSCME, Local 1907, provides for all employees currently in the Tier 2 wage -system to be placed in Tier 1. Although all employees will be placed in Tier 1, the movement of employees with five years or less of service into Step 1 of Tier 1 may take up to five years. Because the Tier 2 wage -system rates do not equate to Tier 1 rates, the placement of Tier 2 employees into Tier 1 will provide a salary adjustment of almost 5% to most employees. The total annualized cost impact for AFSCME employees is $1.064 million. The Tier 2 wage- 00- 191 .System, will also be eliminated "for 'non -bargaining unit employees for a combined annualized cost impact of $1.4 million excluding the impact of vacant positions. The Tier 2 wage -system for the Executive service was previously eliminated. The conversion of the Tier 2 wage -system not only addresses the specific, hiring •and retention issues faced by the City, it also addresses a long-standing problem of fairness and equity associated with Tier 2. In particular, the hiring of employees in a'lower salary range to work along side with other employees in the same classification with a higher salary range is demoralizing and inherently unfair. OP DHW/RSW/rsw