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Home My WebLink AboutR-96-0823I" J-96-1228 11/15/96 RESOLUTION N0. 6 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 LABORERS INTERNATIONAL UNION OF NORTH AMERICA, (LIUNA) LOCAL 800, IN EFFECT FOR THE PERIOD OF OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1997, PURSUANT TO RESOLUTION NO. 95-96, ADOPTED FEBRUARY 9, 1995, BY THE CITY COMMISSION; SAID MODIFICATION TO PROVIDE FOR THE FORFEITURE OF A $500.00 WAGE BONUS PREVIOUSLY DUE IN OCTOBER, 1996; AN AGREEMENT TO LIMIT WORKERS' COMPENSATION AND SUPPLEMENTAL PAY TO 80% OF EMPLOYEE'S BASE SALARY; PROVIDE FOR THE RECEIPT OF PAY CHECKS ON FRIDAYS; PROVIDE FOR THE ESTABLISHMENT OF AN OVERSIGHT HIRING COMMITTEE; PROVIDE FOR THE ADOPTION OF REVENUE ENHANCEMENT AND COST CONTAINMENT MEASURES, AND PROVIDE FOR A BI-MONTHLY STATUS REPORT. WHEREAS, the City of Miami and the Laborers International Union of North America, (LIUNA), Local 800 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 Laborers International Union of North America, Local 800 has agreed to forfeit a $500.00 wage bonus which was due in October 1996, to limit workers' compensation and supplemental pay to 80% of the employee's weekly base salary and to receive pay checks on Friday; and WHEREAS, the Laborers International Union of North America, Local 800 has further agreed to the establishment o Hiring Committee; and A TT.A CUM EnT(S) CONTAINED CITY COMMISSION MEETING OF NOV 2 1 1996 Resolution No. 9 61*823 I WHEREAS, the City and the City Commissioners agree to the implementation of the revenue enhancement and cost containment measures as set forth in the City Manager's 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 attached form, modifying the existing Collective Bargaining Agreement between the City of Miami and the Laborers International Union of North America, (LIUNA), Local 800, in ' effect for the period of October 1, 1994 through September 30, F 1997, pursuant to Resolution No. 95-96, adapted February 9, 1995, by the City Commission; said modification to provide for the j forfeiture of a $500.00 wage bonus previously due in October, 1996; an agreement to limit workers' compensation and supplemental pay to 80% of employees' base salary; provide for the receipt of pay checks on Fridays; provide for the I establishment of an oversight hiring committee; provide for the I adoption of revenue enhancement and cost containment measures, j and provide for a bi-monthly status report. 2 i 96ft82 I- Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 21st day of November 1996. F/FOEMAN, PREPARED AND APPROVED BY: LINDA RICE CHAPMAN ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W1244:LRC:mis - 3 - PrCA—R'OLLO, MAYOR 96,-823 r yam, A. 40RANDUM OF UNDERSTANDL T LIUNA, LOCAL 800 This`Memorandum of Understanding is entered into between the City of Miami and the Laborers International Union of North America (LIUNA), Local 800 as it pertains to the future hiring of City employees, City obligations and modifications of the 1994- 1997 labor agreement between the City of Miami and LIUNA, Local 800. Labor Agreement Modifications (1) Effective upon ratification by the LIUNA bargaining unit and the City Commission, the $500 wage bonus due for payment the first full pay period following October 1, 1996, as specified in the 1994-1997 labor agreement, shall be deleted and not received by the bargaining unit employees. (2) Effective upon ratification of this Agreement supplemental pay and worker's compensation pay, as specified in Article 26 - Line of Duty Injury, shall be paid to bargaining unit employees to the extent that the total of such benefits shall not exceed eighty (80%) of the employee's weekly base salary ( excluding overtime and any pay supplements not included in the employee's base salary) prior to the line of duty injury, accident, or occupational disease. (3) Effective upon ratification of this Agreement it is agreed to by the parties that employee pay checks will be issued to employees every other Friday. Oversight Hiring_ Committee 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 11/4/9b 3:00 PM 96 823 F "Oversight Hiring Cc attee" shall be composed of three �) 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. City Obligations In recognition of the LIUNA'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 LIUNA is willing to meet its fair share, as specified 11 /4/96 3:00 PM al 6 — 823 within this agreemen rovided the City Commission and y Manager fulfill its obligations as well. 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 LIUNA, if the IAFF, AFSCME or FOP bargaining unit employees receive the 4% across the board increase prior to September 1998. LIUNA, on behalf of its bargaining unit members, and the City of Miami hereby agree to the provisions of this Memorandum of Understanding, LABORER'S INTERNATIONAL UNION ON THE PART OF THE CITY OF OF NORTH AMERICA, LOCAL 800 MIAMI, MIAMI, FLORIDA Diane Ragone Business Agent Date 11/4/96 3:00 PM Merrett Stierheim City Manager Date