HomeMy WebLinkAboutSubmittal-Legal Opinion from Chief Negotiator regarding Collecting bargaining ObligationPerez, Ofelia
From: Alfonso, Daniel 1
To: Regu|ado,Tomas (Maymr);5amoff, Marc (Commissioner);Go¢Wifre o(Commissioner);
CapoUo' Frank (Commissioner); Suarez, Francis (Commissioner); Spence -Jones, Michelle
(Commissioner District S)
Cc Alfonso, Daniel ]�Martinez, Johnny; Nelson, Ron;CarLaneda' Frank; CaroUu' Frank
(Commissioner'Offioe);L|orerte, Mike; Spence'Junes,Michelle (Commissioner District S);
Bravo, Alice; Cabrera, Luis; Hannon, Todd; Mendez, Victoria
Subject: Collective Bargaining Obligations
Attachments: MX'K4453N_20130826_164339.pdf
Importance: High
Good afternoon,
Onbehalf ofActing [ityManagerDanie|].AJ6nnso,seeattached|etterfromourChkefMe8otiator, Mr. Michael
Mattimore apprising us of our obligations pursuing to conducting labor negotiations.
Please feel free to contact Mr. Alfonso with any questions you may have. Thank you.
ofeLiacPerez
Executive sec°ta�mm,c^p"
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Telephone *(»ce) 250-5400
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906 North Monroe Street • Tallahassee, Florida 32303
Telephone 850,561-3503 • Facsimile 850-561-0332
September 26, 2013
VIA UNITED STATES MAIL
AND ELECTRONIC MAIL
fdialfonsoAmiamgov.coml
Daniel J. Alfonso
Acting City Manager
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
Re: Collective Bargaining Obligation
Dear Mr. Alfonso:
I am writing with regard to the City's collective bargaining obligation and the occasional
efforts on the part of certified labor organizations to raise issues directly with the Commission. The
City has an obligation to engage in collective bargaining with the four (4) certified bargaining units
of City of Miami employees through negotiations conducted pursuant to the Public Employees
Relations Act (PERA), Chapter 447, Part II, Florida Statutes. These negotiations must be conducted
by the designated labor negotiations team for the City and unions. These negotiation sessions must
be conducted in the sunshine with prior posting and notice.
The elected members of the City Commission should not engage in discourse or negotiations
with the labor organizations regarding terms and conditions of employment. Because of the unique
role the City Commission plays in the impasse resolution process under PERA, Commission
Members must refrain from any communication with labor representatives that may lead to or be
construed as discussing or defining terms and conditions of employment. See In re Petition for
Declaratory Statement of the Village of North Palm Beach. 17 FPER ¶ 22131 (PERC 1991) (a
Council member attending a bargaining session may only observe and is prohibited from any active
participation).
Even if a labor organization prompts or invites a discussion on terms and conditions of
employment, the Commission Members should defer to the City's designated bargaining team. A
sunshine violation complaint or an unfair labor practice charge may be brought by another certified
labor organization, a rival organization, a dissident bargaining unit member or a member of the
public.
Jacksonville • Miami • Orlando • Tallahassee • Tampa
Affiliate of Worklaw. Network: The Nationwide Network of Management Labor and Employment Law Firms
http://twitter.com/anblaw
September 26, 2013
Page 2
In sum, collective bargaining is a highly formalized legal process that must comport with the
strict requirements of PERA. Manatee County School Board, 8 FPER 13408 (PERC 1982) (School
Board and union could not agree to an alternate bargaining process but must follow PERA). The
City, through its elected Commission should refrain from communications on mandatory subjects of
bargaining (wages, hours or terms and conditions of employment) during a Commission meeting,
informal setting or any ad hoc basis. Rather such discussions should be conducted by the City's
designated bargaining team.
MM/sl
c.c. Diana Vizcaino, Esquire
Sincerely,
-7(4fIjidu_e
Michael Mattimore
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['URN RECORD FOR
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