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HomeMy WebLinkAboutR-95-0222U--95-233 3/15/95 RESOLUTION NO. 95- 222 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND AUTHORIZING THE CITY MANAGER TO AMEND ARTICLES 4 AND 8, AND EXECUTE A NEW ARTICLE ON "RETIREMENT INCENTIVE," IN SUBSTANTIALLY THE ATTACHED FORM, IN AND FOR THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1,' 1993 TO SEPTEMBER 30, 1995, UPON THE TERMS AND CONDITIONS SET FORTH IN ARTICLES 4 AND 8, AS AMENDED, AND THE NEW ARTICLE, WHICH ARE ATTACHED HERETO AND INCORPORATED BY REFERENCE INTO SAID COLLECTIVE BARGAINING AGREEMENT. WHEREAS, the City Commission ratified the Collective Bargaining Agreement between the City of Miami and the Miami General Employees' American Federation of State, County, and Municipal Employees, Local 1907, AFL-CIO ("AFSCME"); and WHEREAS, in March, 1995, the City and AFSCME successfully completed negotiations on Articles 4 and 8 and a new article on retirement incentive; 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. CITY COMMISSION MEETING OF MAP, ? 7 1995 9 solution N Section 2. The recommendations of the City Manager are hereby accepted and the City Manager is authorized to amend Articles 4 and 8 and execute a new Article on "Retirement Incentive", in substantially the attached form, in and for the Collective Bargaining Agreement ("Agreement") between the City of Miami and the Miami General Employees' American Federation of State, County, and Municipal Employees, Local 1907, AFL-CIO, for the period of October 1, 1993 to September 30, 1995 upon the terms and conditions set forth in Articles 4 and 8, as amended, and the new Article which are attached hereto and incorporated by reference into said Agreement. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of March 1995. STEPHEN P. CLA , MAYOR ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: RAMON IRI RRI ASSISTAN CITY ATTORNEY Rl:bf:csk:M4986 -2- APPROVED AS TO FORM AND CORRECTNESS: OC A. Q IN ES , I I CIT ATT EY 95- 222 Amended 1993-1995 Contract ARTICLE 4 4.1 The Union agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects; and the powers or authority which the City has not officially abridged, delegated or modified by the express provisions of this Agreement are retained by the City. The rights of the City, through its management officials, shall include, but shall not be limited to, the right to determine the organization of City Government; to determine the purpose of each of its constituent departments; to exercise control and discretion over the organization and efficiency of operations of the City; to set standards for service to be offered to the public; to direct the employees of the City, including the right to assign work and overtime; to hire, examine, classify, promote, train, transfer, assign, and schedule employees in positions with the City; to suspend, demote, discharge, or take other disciplinary action against employees for proper cause; to increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work or funds; to determine the location, methods, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish job pay positions; to change or eliminate existing methods of operation, equipment or facilities. 95- 222 -1- 4.2 The City has the sole authority to determine the purpose and mission of the City, to prepare and submit budgets to be adopted by the City Commission. This shall not prohibit the Union from expressing its views to the legislative body at the public budget hearing. 4.3 The City shall enforce and comply with the provisions of the Agreement so as not to violate the City Charter or the existing Civil Service Rules and Regulations (ordinance 8977 as amended). 4.4 Those inherent managerial functions, prerogatives and policy -making rights which the City has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained herein. 4.5 Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City of Miami. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. 4.6 Whenever the employer exercises a right or privilege contractually reserved to it or retained by it, the employer shall not be obligated to bargain collectively with respect to the effect or impact of that exercise on individual bargaining unit members or on the unit as a group, or to postpone or delay effectuation or implementation of the management decision involved for any reason other than an express limitation contained in this Agreement. 95- 222 -2- 4.7 Upon ratification of this amended 1993-1995 labor agreement, the City agrees that the reassignment or transfer of bargaining unit employees will not result in a reduction or "red - circling" of an affected employee's salary. -3- 95- 222 IS, Amended 1993-1995 Contract ARTICLE 8 ATTENDANCE -AT MEETINGSIUNION TIME POOL 8.1 The President of the Union or a designated representative shall be allowed to attend regular meetings and special meetings of the City Commission, State or National Union Conventions, the Civil Service Board, the Affirmative Action Advisory Board and the Pension Plan Board. Time off for the Union President or any other bargaining unit employees to attend these or other similarly approved meetings will be in accordance with Section 2 of this Article. 8.2 A Union time pool is hereby authorized subject to the following: A. The City agrees to establish an annual time pool bank of 3,500 hours to be used in accordance with the provisions of this Article. All unused hours will be carried over to the following calendar year. B. For each bargaining unit member, except the Union President, or a designee, when on full time release, who is authorized to use time from the Union time pool, the President shall fill out the appropriate form as provided for by the City. This form shall be processed through channels of the bargaining unit member who is to use the pool time. The form must be processed so that a copy shall be in the Office of Labor Relations a minimum of seven (7) calendar days prior to the time the bargaining unit has been authorized to use the pool time. It is understood on 95- 222 -1- i1e., ') ' . r -,.,� rare occasions the seven (7) day time limit may not be met. The President shall then forward a detailed explanation to the Labor Relations Officer as to why the seven (7) day rule was not met. C. Bargaining unit members shall be released from duty on pool time only if the needs of the service permit, but such release shall not be unreasonably denied. If because of the needs of the service a bargaining unit member cannot be released at the time desired, the Union may request an alternate bargaining unit member be released from duty during the desired time. D. In reporting a bargaining unit member's absence as a result of utilizing the Union Time Pool, the daily attendance record shall reflect: "Bargaining Unit Member Doe on AL" (Authorized Leave) E. Any injury received or any accident incurred by a bargaining unit member whose time is being paid for by the Union time pool, or while engaged in activities paid for by the Union time pool, except the Union President and the designee when on full-time release shall not be considered a line -of -duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of his employment by the City of Miami within the meaning of Chapter 440, Florida Statutes, as amended. 95- 222 -2- g,g:,. upon written request to the Labor Relations Officer, the President of the Union, and a designee will be released for the term of this Agreement from his or her regularly assigned duties for the City. The terms of this agreement for such release are only to be implemented if the following qualifications are met by the Union: 1. The Union President, and the designee, will reasonably be available through the Union office currently located at 4011 W. Flagler Street, Suite 405, Miami, Florida 33134, for consultation with the Management of the City of Miami. 2. No requests to attend meetings at the City's expense as the Union representative will be made to the City by the Union, its officers, agents or members. 3. The Time Pool will be charged for all hours during which the Union President and the designee are on off -duty, except that absence due to use of vacation leave, sick leave, earned personal leave, holidays, or compensatory leave will be charged to the President's and designee's employee accounts. G. On no more than one occasion per month, the Union Executive Board may meet during their scheduled work shift for a period not to exceed four ( 4 ) hours. At no time will more than eight employees be released to attend such meetings, and the Time Pool shall be 95- 222 -3- charged a minimum of four (4) hours for each employee who attends such meetings. Release of employees for this purpose shall be conditioned upon compliance with other provisions of this Article. 8.3 All applicable rules, regulations and orders shall apply to any bargaininig unit member on time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the bargaining unit member on pool time to regular disciplinary processes. 8.4 The City reserves the right to rescind the provisions of this Article in the event any portion of the Article is found to be illegal. Cancelling the Article shall not preclude further negotiations of future employee pool time. 8.5 Except as provided above, bargaining unit members who attend administrative or judicial hearings shall not be compensated by the City unless such attendance is on behalf of and at request of the City. 95- 222 -4- Amended 1993-1995 Contract NEW ARTICLE RETIREMENT INCENTIVE PROGRAM Upon ratification of this amended 1993-1995 labor Agreement, the City will provide to all employees eligible for service retirement under Section 40-239 (A) and (B) only a one (1) time window period in which to apply for Retirement under this Incentive Program. Any employee who does not exercise the option to retire during this window period shall not be eligible for any incentives provided under this Retirement Incentive Program. Should an eligible employee opt to retire under this Retirement Incentive Program, he/she shall be entitled to the following: A) Rule of sixty-four (64). An employee may elect service retirement on the basis of his or her combined age and creditable service equalling sixty-four (64) provided the employee has reached minimum vesting requirements. An employee not otherwise eligible under the Rule of 64 during the window period may participate under this Retirement Incentive Program provided that: 1) He is eligible under the Rule of 64 prior to September 30, 1995; 2) That he execute an irrevocable election to retire upon attainment of the Rule of 64; and 3) That the irrevocable election to retire be executed during the one time window period. B) Longevity Supplements. Any employee eligible to retire as specified in subsection (A)above and who elects retirement under the Retirement Incentive Program shall also be entitled to receive longevity supplements 95- 222 -1- pursuant to the provisions of section 40-239(A)(4). All age and service requirements of Section 40-239(A)(4) shall be presumed met by an eligible employee electing retirement under the Retirement Incentive Program under Section 40-239(A)(4)(c)(2). c) Optional Allowances. Any employee eligible to retire under section 40-239(A) or as specified in subsection (A) above and who elects retirement under the Retirement Incentive Program may choose any of the optional allowances pursuant to the provisions of Section 40- 239(L). D) 10% Retroactive salary increase. In addition to benefits provided elsewhere in this Agreement, an employee who opts to retire under this one time Retirement Incentive Program shall receive a retroactive salary increase of 10% for the employee's last or highest one (1) year's salaries. The ten percent (10%) increase shall be reflected on the hourly pay rates for the purpose of calculating leave balance payoffs. The ten percent (10%) salary increase shall not be applicable to overtime. E) Leave Balance Payoff Options. Employees electing to retire under this Retirement Incentive Program may select only one of the two following leave balance payoff options: 1) The first full pay period following January 1, 1996 leave balances shall be paid as currently specified under the labor agreement and/or leave 95-- 222 -2- j)jr, payoff practices. Leave balances shall bear a five percent (5%) annual interest from date of retirement. 2) The City shall fund up to a maximum of three (3) whole creditable service years for the employee based upon the value of the employee's available leave balance at time of retirement less required withholding taxes at present value as actuarialy determined for each individual employee. Upon exhausting the value of the leave balances, employees may purchase the remainder of the three (3) years by payment of cash to the Pension Trust. The hourly rate for calculation of the leave balances shall be as specified under the labor agreement and or leave payoff practices. The purchase of service years under this option may not be utilized for service/Rule of 64 retirement eligibility. If in the future the constructive receipt issue can be satisfactorily resolved, this benefit shall be available using pre-tax value of employees' leave banks. If the City receives an opinion for a qualified tax specialist, satisfactory to the City, which resolves the question of constructive receipt prior to the issuance of W-2 forms in January, 1996, persons who have had monies withheld shall receive a notation of their W-2 forms showing the income as tax deferred. 95- 222 -3- AMENDMENT TO LABOR AGREEMENT Whereas, the City of Miami and the Miami General Employees' American Federation of State, County and Municipal Employees, Local 1907, have entered into negotiations to the existing labor agreement for the period of October 1, 1993 to September 30, 1995. It is hereby agreed that Articles 4 and 8 of the existing labor agreement are amended and a new article on "Retirement Incentive" are incorporated by reference into the labor agreement for the period October 1, 1993 to September 30, 1995. ATTEST: MIAMI GENERAL EMPLOYEES AFSCME LOCAL #1907, AFL-CIO ATTEST: CITY CLERK ON THE PART OF THE CITY OF MIAMI MIAMI, FLORIDA 95- 222 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of th City Commission t FROM : Cesar H. Odio City Manager 10 DATE : W 2 0 1995 FILE : SUBJECT : Resolution Amending 1993-1995 Labor Agreement Between the - City of Miami and AFSCME, Local 1907 REFERENCES: ENCLOSURES: It is recommended that the City Commission adopt the attached Resolution authorizing the execution of an amended labor agreement between the City of Miami and the employee organization known as the Miami General Employees American Federation of State, County, and Municipal Employees, Local 1907, AFL-CIO for the period of October -1, 1993 through September 30, 1995 in accordance with the terms and conditions as set forth herein. The City Administration and AFSCME, Local 1907 in a cooperative effort voluntarily entered into negotiations to streamline and operate government more efficiently. As a result of those negotiations, the City and AFSCME, Local 1907 have agreed to modify the current labor agreement to provide a one time Retirement Incentive Program. Under the Retirement Incentive Program employees who would be eligible for retirement under "Rule of 64" or "Service" retirement may retire during the window period. Any employee reaching "Service" or "Rule of 64" eligibility after the retirement "window" but prior to September 30, 1995 may also participate during the retirement "window" with an irrevocable election and must retire upon attainment of "Service" or "Rule of 64." Longevity supplements and optional allowances currently provided by ordinance would be available under the Retirement Incentive Program. Employees electing this Retirement Incentive Program will receive a 10% salary increase retroactive for one year. Additionally, two leave balance payoff options will be available to the employee: 1) Payment deferment of leave balances until January 1996 with 5% annual interest, or 2) The purchase of up to a maximum of three whole years of service at present value with after-tax dollars utilizing employee leave balances. The purchase of up to three whole years of service with leave balances upon retirement would become a permanent benefit. 95- 222 Honorable Mayor and Members of the City Commission RE: Amending AFSCME Labor Agreement Page 2 of 2 The labor agreement is also modified to allow for one person, in addition to the Union President, to be released full-time on Union time pool and the Management Rights article is modified so that an employee who is transferred or reassigned will not suffer a reduction in salary. It is requested that the City Manager be authorized to entered into the attached amended labor agreement for 1993-1995 between the City of Miami and AFSCME, Local 1907. cc: Manohar Surana, Assistant City Manager A. Quinn Jones, City Attorney Ramon Irizarri, Assistant City Attorney 95- 222 Par.