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Home My WebLink AboutR-96-0822r J-96-1227 11/15/96 RESOLUTION NO . 9 6 * 8 2 2 A RESOLUTION, WITH ATTACHMENT, 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, 1995 THROUGH SEPTEMBER 30, 1998, PURSUANT TO RESOLUTION NO. 95-223, ADOPTED MARCH 27, 1995, BY THE CITY COMMISSION; SAID MODIFICATION TO PROVIDE FOR A DEFERRAL OF THE FOUR PERCENT (416) WAGE INCREASE, PREVIOUSLY DUE IN JANUARY 1997, TO SEPTEMBER 1998; AN AGREEMENT TO PROVIDE FOR A DEFERRAL ON THE ISSUANCE OF CITY UNIFORMS FOR FISCAL YEAR 1997; AN AGREEMENT TO SUPPORT THE CITY IN UTILIZING FEDERAL FORFEITURE FUNDS/FINES TO FUND SPECIAL PROJECTS WITHIN THE MIAMI POLICE DEPARTMENT; AN AGREEMENT TO WITHDRAW GRIEVANCE 4-96 RELATING TO RETURNING ASSIGNED 24-HOUR VEHICLES; CANCELING THE 1997 WAGE REOPENER; PROVIDING FOR THE ESTABLISHMENT OF AN OVERSIGHT HIRING COMMITTEE; PROVIDING FOR THE ADOPTION OF REVENUE ENHANCEMENT AND COST CONTAINMENT MEASURES, AND PROVIDING FOR A BI-MONTHLY STATUS REPORT. WHEREAS, the City of Miami and the American Federation of State, County and Municipal Employees, (AFSCME), Local 1907, the collective bargaining agent for members in Local 1907 have entered into discussions that resulted in modifications to the existing collective bargaining contract due to the City of Miami's fiscal crisis; and WHEREAS, the American Federation of State, County and Municipal Employees four percent (4%) (AFSCME), Local 1907 has agreed that the across-the-board increase previoupy.- dup tir i CITY COMMISSION MEETING OF ATTACHMENT (S) CONTAINED NOV 2 1 1996 Resolution No. 9 6 tai 822 January 1997 will be changed for receipt to the first pay period following September 1, 1998 and has further agreed that AFSCME bargaining unit members will not be issued city uniforms through September 30, 1997; and WHEREAS, AFSCME has agreed that the reopener provision in Article 53 of the collective bargaining agreement is deleted and Grievance 4-96, will be withdrawn effective upon ratification of this Memorandum of Understanding by the AFSCME bargaining unit and the City Commission; and WHEREAS, AFSCME supports utilizing Federal forfeiture funds/fines to match City dollars to fund special projects within the Miami Police Department by $500,000.00 annually and has further agreed to the establishment of an Oversight Hiring Committee; and WHEREAS, the City and the City Commissioners have agreed to the implementation of the revenue enhancement and cost containment measures as set forth in the City Managers Fair Share Matrix dated October 7, 1996, and to provide bi-monthly status reports; 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 to enter into a Memorandum of Understanding, in substantially the F� 96-822 � r 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, 1995 through September 30, 1998, pursuant to Resolution No. 95-223, adopted March 27, 1995, by the City Commission; said modification to provide for a deferral of the four percent (4%) wage increase, previously due in January 1997, to September 1998; an agreement to provide for a deferral on the issuance of city uniforms for Fiscal Year 1997; an agreement to support the city in utilizing federal forfeiture funds/fines to fund special projects within the Miami Police Department; an agreement to withdraw grievance 4-96 relating to returning assigned 24-hour vehicles; canceling the 1997 wage reopener; providing for the establishment of an oversight hiring committee; providing for the adoption of revenue enhancement and cost containment measures, and providing for a bi-monthly status report. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 21st day of November 1996. J CAROL 0, MAYOR ATTES WALTER , CITY CLERK 3 9 6 ,- 8 2 2 1 PREPARED AND APPROVED BY: LINDA RICE CHAPMAN ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: I A. OgNES, III CITY AT EY W1243:LRC:mis r k AORANDU VI OF UNDERSTANDL AFSCME, LOCAL 1907 This Memorandum of Understanding is entered into between the City of Miami and the Miami General Employees (AFSCME) Local 1907 as it pertains to the future hiring of City employees, City obligations and modifications of the 1995-1998 labor agreement between the City of Miami and AFSCME, Local 1907. Labor Agreement Modifications (1) Effective upon ratification by the AFSCME bargaining unit and the City Commission, the four percent (4%) across-the-board salary increase effective the first full pay period following January 1, 1997, as specified in the 1995-1998 labor agreement, shall be changed for receipt beginning the first full pay period following September 1, 1998. (2) Effective upon ratification of this Agreement it is agreed by the parties that AFSCME bargaining unit members will not be issued city uniforms through September 30, 1997. (3) AFSCME and the City of Miami agree that the reopener provision on Wages, as specified in Article 53 - Term of Agreement, is hereby deleted. (4) AFSCME, Local 1907 hereby agrees to drop Grievance 4-96 effective upon ratification of this Memorandum of Understanding by the AFSCME bargaining unit and the City Commission. Federal Forfeiture Funds/Fines AFSCME fully supports utilizing Federal forfeiture funds/fines to match City dollars to fund special projects within the Miami Police Department which will reduce the City's budget for the department by $500,000 annually. 1111196 1:36 PM 9 6 o-822 o: �A Oversight Miring Con �ttee In an effort to address the fiscal crisis facing the City of Miami it is recognized by the parties that the number of new hires for the City of Miami must be kept to a minimum. The parties therefore agree to the establishment of an "Oversight Hiring Committee". The "Oversight Hiring Committee" shall be composed of three (3) members: a union representative, a management representative appointed by the City Manager, and a neutral member selected jointly by the management representative and the unions (collectively). Each of the City's four unions shall select a union representative, each of whom shall sit on the Committee on a rotating basis, provided that the position(s) to be considered by the Committee are not within the seated representatives' union, in which event the next union representative on the rotation schedule shall be seated. The Committee shall meet on an ad hoc basis. When a department requests authorization to hire a new employee the Committee shall meet to review justification of such request. Upon review of the hire request the Committee will make a recommendation in writing to the City Manager stating their reasons for approval or disapproval of the hiring request. The City Manager will take into strong consideration the recommendation of the Committee, however, the City Manager retains the final authority to authorize or disapprove the hiring of a new employee. Determinations by the City Manager to authorize the hiring of a new employee are not subject to appeal through the grievance procedure, civil service board, or outside forum. Nor does the Committee have the right to review the hiring of new employees directed by the City Commission. Unless otherwise agreed to by the parties hereto the "Oversight Hiring Committee" will cease to exist as of September 30, 1998. 11/1/96 1:36 PM 9 6 - 822 [A City Obligations In recognition of the AFSCME's cooperation in assisting the City of Miami to address its fiscal crisis the City agrees to adopt necessary revenue enhancement measures and cost containment measures as set forth in the City Manager's Fair Share Matrix dated October 7, 1996. In other words AFSCME is willing to meet its fair share, as specified within this agreement, provided the City Commission and City Manager fulfill its obligations as set forth in this Agreement. Beginning January 1, 1997 the City Manager will issue a bi-monthly status report which will indicate the savings and actions taken by the City and the employees to meet the City's deficit. The bi-monthly status report will be distributed to City departments and employees. This Agreement shall not be effective on the AFSCME, if the IAFF or FOP bargaining unit employees receive the 4% across the board increase prior to September 1998 or if the LIUNA bargaining unit employees receive the wage bonus during the remainder of their current labor agreement.. AFSCME, on behalf of its bargaining unit members, and the City of Miami hereby agree to the provisions of this Memorandum of Understanding. MIAMI GENERAL EMPLOYEES AFSCME, LOCAL 1907, AFL-CIO Charles Cox President Date 11/12/96 3:07 PM ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA Merrett Stierheim City Manager Date 9 6 - 822