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HomeMy WebLinkAboutR-92-0799A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A RENEGOTIATED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES, AFSCME, LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1993, SUBJECT TO THE TF.R,MS AND CONDITIONS SET FORTH IN THE ATTACHED ARTICLES OF THE COLLECTIVE BARGAINING AGREEMENT IN EFFECT FROM OCTOBER 1. 1990 THROUGH SEPTEMBER 30, 1993, PURSUANT TO RESOLUTION NO. 91-40, ADOPTED JANUARY 10, 1992. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a renegotiated collective bargaining agreement between the City of Miami and the employee organization known as the Miami General Employees, AFSCME, Local 1907, AFL-CIO, for the period of October 1, 1992 through September 30, 1993, subject to the terms and conditions set forth in the attached Articles of the Collective Bargaining Agreement in effect from October 1, 1990 through September 30, 1993, pursuant to Resolution No. 91-40, adopted January 10, 1992. Section 2. This Resolution shall become effective immediately upon its adoption. A TYACHMENT (S) CON TA M ED CITY COr-ZiYSSTOIJ MEETING of D IEC 1 Q 1992 14rLoJution No. 92- 799 PASSED AND ADOPTED this loth ATTE IL MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: r RAMON IRIZARRI/- ASSISTIANY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QU tt N 4 S, II CITY ATT�d EY bss:M32 9 day of December 1.992. XAVZER TO . �UARE , MAYOR -2- 92-- 799 AMENDED AGREEMENT BETWEEN CITY OF MIAMI, MIAMI, FLORIDA AND MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO NOVEMBER 15, 1992 -- SEPTEMBER 30, 1993 92-- 790 j ARTICLE 24 WAGES Section 1. The City agrees to continue the current wage rate except as provided herein for all bargaining unit employees. In accordance with the following schedule, any adjustment will be effective on the first day of the first full pay period following the date indicated: October 1, 1990 0% October 1, 1991 (deferred to 10/1/92) October 1, 1992 4% In return for a freeze on across-the-board salary increases for the bargaining unit for fiscal year 1990-1991, the following will apply: Management will not layoff bargaining unit employees for the life of this Agreement. Before a permanent bargaining unit member is laid off, the employee shall have the opportunity to fill any position held by a temporary employee, provided the bargaining unit member meets the minimum requirements set forth in the job description. In such cases, the temporary employee shall be displaced. In the event the City's fiscal ability to maintain permanent bargaining unit employees on the active payroll deteriorates, management will promptly notify the Union. The parties to this contract shall meet and negotiate if a reduction in force is to be Implemented for the bargaining unit. The parties agree there will be a 25% reduction in all bargaining unit wage rates for those prospective employees hired on or after January 14, 1988. 92- 799 The Personnel Management Department will develop a new pay plan for the new hires reflecting the 25% reduction. Implementation of the new plan will be reviewed with the Union's Attorney and the Labor Relations Officer so as to implement said plan and not conflict with applicable law. Current employees will be grandfathered into the existing pay plan for purposes of anniversary changes, promotions, demotions, classifications, reclassifications, wage increases, etc. Effective the first full pay period following ratification of the reopener provision of the labor agreement, the City agrees to include a seventh and eighth pay step in the second tier of the two (2) tier pay plan. Only those second tier employees who have completed six (6) full years of continuous classified service with the City may advance to step 7 or those employees with seven (7) full years of continuous classified service with the City may advance to step 8. Former managerial/confidential employees who are at the first, second, or third longevity step of the second tier shall be placed at the appropriate step with the equivalent base hourly rate the employee earned, with no reduction in pay, at time of implementation of this provision. Employees who are promoted or advanced within the second tier of the two (2) tier pay plan shall not be prohibited from being placed at Step 7 or Step 8 of Tier 2 if this provision would result in the bargaining unit employee receiving an increase inconsistent with APM-5-78 as it pertains to promotions and advancements. The promotion or advancement of an employee 92-- 799 i nt.o Step 7 or Step 8 of T i er 2 shn I I cause the emn I oyee to be partially red -circled until the employee has the required years of service to move to the next appropriate step. Such placement shall be consistent with the provisions of the labor agreement and APM-5-78. Section 2. Effective the first full pay period following full ratification of the labor agreement (January 10, 1991), active full-time bargaining unit employees shall receive a one- time seven hundred dollar, ($700) bonus payment. Further, to receive the one-time seven hundred dollar ($700) bonus payment, the bargaining unit employee must be on the active regular payroll at the time of the ratification of this agreement (January 10, 1991). Said one-time bonus shall only be subject to federal withholding taxes and FICA, and shall not become part of the bargaining unit employee's base pay nor shall it be included for calculating pension or overtime. Section 3. All changes in salary for reasons of promotion, demotion, merit increase, two (2) tier pay plan changes, working out of class or longevity increases, shall be effective the first day of the payroll following the effective date of the change. Section 4. A night shift differential of $.60 per hour will be paid to bargaining unit employees who work a regular established shift between the hours of 6:00 p.m. and 8:00 a.m. However, more than one-half of the hours of the regular established shift must be within the hours of 6:00 p.m. and 8:00 a.m. Night shift differential will only be paid for hours actually worked during the night shift differential period and 92- 799 7., will not be paid for any overtime hours. Night shift NI differential shall not be used in calculating average earnings for pension purposes. Section 5. Employees shall receive no additional pay supplements except as are specifically provided by this Agreement. Any pay supplements provided by this Agreement shall not be used in calculating average earnings for pension purposes. Only those employees holding permanent status within the occupation of Heavy Equipment Mechanic and who are permanently assigned to the Fire Garage shall receive a 7 1/2% pay supplement added to their base rate of pay should they be continually assigned to on -call rotation. Said pay supplement shall be deemed to fully satisfy any on -call pay obligation which might be construed to exist under the Fair Labor Standards Act. Effective December 21, 1986, those employees within the occupation of Communications Operator who are actively assigned the duty of training new Communications Operators shall be entitled to receive $40 per pay period for the actual full pay period they are assigned in a training capacity by their supervisor. Should the City feel the need to have an audit performed for the purpose of determining whether a separate training occupation is desirable, the City may discontinue this plus item and assign said duties to the person or persons holding said Communications Operator Trainer classification. Section 6. Employees shall become eligible for longevity Increases based upon their most recent date of hire into the 92- 799 classified service; provided, however, that when they employee is not I n a fu I I pay status. I t sha 1 I cause the of feet I ve date of the increase to be deferred by the same number of calendar days embraced by said period of time. This provision shall apply to employees who attain ten (10) or fifteen (15) years of continuous classified service on or after January 1, 1984. Effective the first full pay period following October 1, 1991, a twenty (20) year longevity step shall be established for all employees who have completed twenty (20) years of continuous classified service with the City. All longevity Increases shall be granted consistent with the directed award Issued on AFSCME Grievance w6- 89. 92` 799 NEW ARTICLE: RESIDENCY Employee residency within the City of Miami will benefit both its citizens and those public employers servicing the Miami community. City residency will: (1) Insure the City employees, as citizens, will be affected by the quality of their own work; (2) Promote better public relations by building contacts with the community through its City employees; (3) Increase visibility of governmental services in the community; (4) Install a sense of belonging to the community among its employees; (5) Make City employees more sensitive to community issues and needs; and (6) Insure that at least some public payroll money is spent within the boundaries of the City's jurisdiction. Effective the first full pay period following ratification of the May 1, 1992 reopener provision of the labor agreement, all newly hired bargaining unit members commencing employment after ratification of this article must be residents of the City of Miami from date of hire and as a condition of their continued employment with the City of Miami have their domicile within City boundaries and be bona fide residents of the City for the life of their employment with the City. Those bargaining unit members hired after ratification of this article who decline to become residents of the City of Miami or are found to maintain residency outside City boundaries shall be notified in writing of their failure to comply with this requirement and shall be dismissed from the employ of the City of Miami. 92- 799 Eiargaining unit members who are not residents of the City of Miami at the time of ratification of this article shall be allowed to maintain their residency outside the City of Miami for the life of their employment with the City should the bargaining unit member choose to do so. Any employee hired after the ratification of this article who is terminated for failing to maintain residency within the City of Miami boundaries as provided within this article shall have the right of appeal through Civil Service or the grievance procedure as provided In this labor agreement. If the employee is found guilty of violating this article, the Civil Service Board and any arbitrator shall have no discretion to alter the penalty of dismissal. 92- 799 The Ianguage contained in this amended agreement constitutes those specific items that were negotiated in a reopener in accordance with Article 47, Term of Agreement, and upon ratification, constitutes complete and entire agreement of the negotiated Articles. All Articles not specifically negotiated In the reopener in accordance with Article 47, Term of Agreement, shall continue in full force and effect along with the language contained herein until 11:59 p.m., September 30, 1993. Agreed to this day of , 1992, by and between the respective parties through an authorized representative or representatives of the Union and by the City Manager. ATTEST: MIAMI GENERAL EMPLOYEES AFSCME LOCAL #1907, AFL-CIO ATTEST: ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY 9 7 99 + 05) ( 072 INTF II-()FF I(-[_ WIF--MORANDUM T Honorable Mayor and Members of the /ICity Commission FROV Cesar H. Odio City Manager RECOMMENDATION: Dg1E cIMIECi Resolution Ratifying Amended Collective Bargaining Agree- ment Between City of Miami and AFSCME, Local 1907 REFERENCES ENCEOSIJRES It is recommended that the City Commission adopt the attached resolution authorizing the execution of an amended collective bargaining agreement between the City of Miami and the employee organization known as the Miami General Employees AFSCME, Local 1907 for the period of October 1, 1991 through September 30, 1993 in accordance with the terms and conditions as set forth therein. BACKGROUND: ® The Office of Labor Relations has, in accordance with the current collective bargaining agreement between the City of Miami and the Miami General Employees AFSCME, Local 1907, negotiated a reopener on one article as selected by the City and one article as selected by the Union. The City and the Miami General Employees representatives have been meeting since April 1992 in an effort to reach an agreement acceptable to both sides. As a result of those negotiations, the City and Miami General Employees, AFSCME, Local 1907 have agreed to amend the Wage article whereby the City agrees to include a 7th and 8th pay step in the second tier of the two tier pay plan. Employees may only advance into step 7 or step 8 upon having reached six or seven full years of continuous service respectively. There will be no additional cost to the City until FY'95. In addition, the City and Miami General Employees, AFSCME, Local 1907 agree to a new residency article whereby all newly hired bargaining unit members commencing employment after ratification of this article must be residents of the City of Miami from date of hire and as a condition of their continued employment with the City of Miami have their domicile within City boundaries and be bona fide residents of the City for the I i fe of their employment with the City. Bargaining unit members who are not residents of the City of Miami at the time of ratification of this amended collective bargaining agreement will be allowed to maintain their residency outside the City of M i am i for the l i fe of their employment with the City. it is requested that the City Manager be authorized to enter into the attached amended collective bargaining agreement between the City of Miami and Miami General Employees, AFSCME, Local 1907. CC: Law Department / Budget Department 9 6; — 7 99 ��