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HomeMy WebLinkAboutExhibitSETTLEMENT AGREEMENT BETWEEN MIAMI GENERAL EMPLOYEES ASSOCIATION, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFSCME, AFL-CIO, LOCAL 1907, AND CITY OF MIAMI This Settlement Agreement is made and entered into this _ day of 2016, by and between the Miami General Employees Association, American Federation of State, County, and Municipal Employees, AFSCME, AFL-CIO, Local 1907 (hereinafter "AFSCME Local 1907) and the City of Miami (hereinafter "City"), a municipal corporation within the State of Florida.. Collectively, the parties shall be referred to as "the Parties." The Parties agree as follows: WHEREAS, AFSCME Local 1907 filed a Unit Clarification Petition with the Public Employees Relations Commission, CASE NO.: UC-2015-024, seeking to add 377 classifications to their bargaining unit; WHEREAS, for the purposes of avoiding costly litigation and in order to reach an amicable resolution of the above referenced matters, the Parties desire to reach a final settlement of these claims and causes of action; NOW THEREFORE, in consideration of the covenants, representations and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree to be legally bound by the following terms and conditions which shall constitute full settlement of any and all claims and attorneys' fees which arise out of UC-2015-024; CONSIDERATION. In consideration for execution of this Agreement, and compliance with the promises made herein, the City of Miami agrees to include 321 of the 377 classifications in the bargaining unit. Those 321 classifications are listed in Exhibit "A" as attached to this Agreement. The 321 classifications are newly created job classifications that did not exist at the time AFSCME Local 1907 was created, and entail job functions similar to the functions already covered in the unit. In exchange, AFSCME Local 1907 agrees to withdraw the following classifications from the Petition: 1. 1314. Labor Relations Representative 2. 1325. Testing and Validation Specialist 3. 1326, Validation Supervisor 4. 1327. Testing and Validation Supervisor 5. 1328. Compensation Supervisor 6. 1331. Employment Supervisor 7. 1334. Senior Budget Analyst 8. 8001. Mayor's Aide 9. 8002. Commissioner's Aide 10. 8003. Administrative Assistant- Elected Official 11. 8004. Special Aide II- Elected Official 12. 8005. Senior Administrative Assistant- Elected Official 13. 8006. Chief of Staff- Elected Official 14. 8009- Special Aide 15. 8012- Law Office Manager 16. 8013- City Clerk' 17. 8024- Labor Relations Specialist, Senior 18. 8070. Assistant to Director- Risk Management 19. 8071- Assistant City Clerk 20. 8080. Assistant to Director- Solid Waste 21. 8081. Assistant to Director- Community Development 22. 8082. Administrative Assistant I who are employed in the Law Department or Division of Equal Opportunity. 23. 8083. Administrative Assistant II who are employed in the Law Department or Division of Equal Opportunity. 24. 8091. General Clerk (Elected Official) 25. 8095. Administrative Aide (Elected Official) 26. 8115. Assistant to Director Public Works 27. 8126. Assistant to Director Planning 28. 8128. Clerk/Receptionist (Elected Official) 29. 8131. Office Manager 30. 8132. Assistant to Director Capital Improvement Program 31. 8154. Assistant to Director Public Facilities 32. 8183. Assistant to Police Chief 33. 8208. Assistant to Zoning Administrator 34. 8415. Assistant to Director- Procurement 35. 8416. Special Assistant to the Chief Information Officer 36. 8462. Chief Accountant 37. 8540. Equal Opportunity/Diversity Programs Administrator 38. 8544. Equal Opportunity/Diversity Specialist, Senior 39. 8546, Equal Opportunity/Diversity Specialist 40. 8554. Senior Budget Analyst 41. 8559. Strategic Planning & Performance Manager 42. 8567. Assistant to Chief of Operations 43. 8570. Management and Business Analyst 44. 8577. Assistant to Deputy City Manager/Chief of Infrastructure 45. 8636. Testing and Validation Specialist 46. 8756. Litigation& Investigative Support Specialist 47. 8762. Senior Advisor 48. 8770. Administrative Aide I who are employed in the Law Department or Division of Equal Opportunity. 49. 8773. Administrative Aide II who are employed in the Law Department or Division of Equal Opportunity. 50. 8788. Training and Development Supervisor These job classifications also did not exist at the time AFSCME Local 1907 was created. I AFSCME agrees that the City Clerk does not meet the definition of "public employee" under section 447.203(3)(a), Florida Statutes (2015). ACKNOWLEDGMENTS. The Parties acknowledge that they have read and understood this Settlement Agreement and specifically acknowledge that they have been advised to consult with an attorney and have had sufficient opportunity to do so prior to executing this Agreement. AMENDMENT. This Settlement Agreement may not be modified, altered, or changed. ENTIRE AGREEMENT. This Settlement Agreement constitutes the entire agreement between the Parties, and fully supersedes any and all prior agreements or understandings between the Parties. The Parties and their counsel further state that they have carefully read this document and that they fully understand its contents, that they are of legal age, that the Parties have signed this document of their own free act and have not been influenced in making this settlement by any representation of the party or parties being released. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of the Effective Date above. For the City: Daniel J. Alfonso City Manager Victoria Mendez City Attorney For AFSCME Local 1907: Sean Moy, President AFSCME Local 1907 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) SS: ON THIS day of , 2016, before me personally appeared , known to me to be the person who executed the foregoing Acknowledgment, Waiver And Release Agreement and acknowledge that he/she executed as his/her free act and deed. SIGNATURE PRINT Osnat K. Rind, Esq. Phillips, Richard & Rind, P.A. Attorney for AFSCME Local 1907 Exhibit A Job Code Job Classification 1117 Project. Accountant, Senior 1122 Supervisor of Payroll 1135 Assistant Payroll System Administrator 1156 Group Insurance Coordinator 1165 Financial Systems Administrator 1230 Lease Manager 1245 Property Manager 1260 Project Manager 1330 Safety Officer 1339 Grant Writer 1340 Capital Improvements Assistant 1359 Economic Analyst, Principal 1364 Organizational Development & Training Specialist 1370 Contracts Manager 1372 Customer Service Specialist 1378 Hearing Boards Specialist 1379 Safety Manager 1386 Insurance Information Analyst (Actuary) 1410 Public Relations Agent MC 1423 Public Information Coordinator 1426 Protocol Officer 1547 Technical Writer 1552 Information System Security Officer Supervisor 1558 Computer Training Specialist 1569 Web Administrator 1570 Systems Software Manager 1573 Database Manager 1574 ORACLE Database Manager 1575 Graphic Information Systems (GIS) Coordinator 1577 Project Manager - IT 1579 Oracle System Administrator 1580 Network Administrator 1581 Business System Administrator 1591 Oracle ERP Application Developer 1594 IT Infrastructure Manager 1611 Finance. Manager 1 1620 Financial Information Business Process Analyst 1640 Treasury Manager 1816 Claims Adjustor III 1822 Claims Supervisor, Assistant 1824 Claims Supervisor 2018 Engineering Technician IV 2034 Professional Engineer IV 2100 Roofing Inspector 2113 Chief of Inspection Services 2156 Code Enforcement Inspector II 2168 Chief of Unsafe Structures 2257 Senior Project Representative 2258 Development Coordinator 3023 Heavy Equipment Specialist 3320 Electrical Line Worker 3321 Electrical Line Worker Supervisor 3358 Composting Facility Supervisor 3450 Fleet Manager 5035 Forensic Investigations Manager 5065 Criminal Intelligence Analyst I 5066 Criminal Intelligence Analyst II 5419 Communications Training Specialist 5423 Telecommunications Technician (RJ) 5424 Telecommunications Technician Assistant 5425 Telecommunications Technician 5430 Broadcast Engineer 5711 Administrative Assistant III 5740 Senior Staff Analyst 6060 Stadium Manager 8008 Secretary III 8034 Typist Clerk I 8035 Typist Clerk II 8037 Typist Clerk III 8040 Receptionist -Typist 8048 Property & Casualty Manager 8049 Claims Manager 8051 Claims Supervisor 8073 Domestic Violence Administrator 8082 Administrative Assistant I 1 8083 Administrative Assistant II 8101 Secretary IV 8103 Secretary I 1 Individuals employed in job codes 8082, 8083, 8770 and 8773 are included in the unit, other than those employed in the Law Department or Division of Equal Opportunity. 2 8104 Secretary II 8113 Legislative Services Representative I 8117 Technical Operation Coordinator 8118 Legislative Services Representative II 8119 Legislative Services Representative II 8120 Legislative Services Supervisor 8121 Transcriber 8122 Records Retention Coordinator 8134 Resource Allocation Manager 8135 Marketing Coordinator 8138 Housing Development Coordinator 8139 Agenda Coordinator 8140 Assistant Agenda Coordinator 8142 Community Partnerships Manager 8144 Grant Coordinator 8145 Typist Clerk IV 8152 Fleet Manager 8157 Social Worker 8158 Program Specialist 8159 Program Coordinator 8160 Chief Architect 8162 Information Analyst 8163 Information Analyst Coordinator 8165 Information Services Liaison 8168 NET Administrator 8176 Code Enforcement Training Specialist 8177 Code Enforcement Field Supervisor 8178 Code Enforcement Coordinator 8194 NET Administrator, Senior 8201 Code Enforcement Assistant 8206 Administrative Assistant III 8220 Chief of Hearing Boards 8232 Chief of Environmental Resources 8273 Chief of Solid Waste Operations 8396 Photographer, SR 8405 Group Benefits Manager 8411 Administrative Clerk 8420 Media Relations Liaison 8423 Parks & Recreation Facility Manager 8424 Special Education Teacher 8425 Parks & Recreation Services Coordinator 8426 Program Assistant 8427 Education Initiatives Coordinator (Office of Elected Official) 8433 Real Estate Manager 3 8435 Property Manager 8437 CIP Technical Administrator 8438 Business Development Coordinator 8439 Business Development Supervisor 8440 Development Coordinator 8441 Preservation Officer 8450 Telecommunications Administrator 8452 Youth Program Coordinator 8456 Senior Information Systems Auditor 8461 Payroll Manager/Assistant System Administrator 8463 Chief of Urban Design 8464 Chief of Land Development 8466 Planning Illustrator 8467 Urban Design Coordinator 8468 Community Planner 8469 NET Community Support Worker 8470 CIP Budget & Financial Administrator 8471 ADA Construction Coordinator 8473 Capital Improvement Program Public Relations Coordinator 8474 Capital Improvement Assistant 8475 Hazard Mitigation -Disaster Recovery Specialist 8476 Homeless Program Administrator 8477 NET Community Service Worker Supervisor 8478 Lease Management Specialist 8484 Grant Writer 8490 Insurance Financial Analyst 8510 Records System Coordinator 8514 Records System Aide 8515 Records System Specialist 8555 Lease Manager 8560 Grants Financial Supervisor 8561 Application Developer 8565 Special Projects Manager 8568 Employee Services Aide 8574 Special Events Assistant 8575 Special Events Coordinator 8576 Special Events Manager 8578 Finance Management Supervisor 8580 Environmental Outreach Liaison 8582 Environmental Coordinator 8585 Environmental Compliance Specialist 8587 Environmental Programs Manager 8589 Urban Forester 8590 Economic Development Project Manager 4 8605 Project Manager - CIP 8606 Chief Project Manager - CIP 8607 Senior Project Manager - CIP 8611 Audiovisual Technician 8612 Video Program Specialist 8613 Chief Communications Engineer 8614 Communications Technical Operator 8615 Video Production Writer/Editor 8616 Operations Coordinator 8618 Production Manager 8619 Community Relations Coordinator 8621 CADD Operator 8622 Community Relations Liaison 8623 Community Relations Outreach Specialist 8624 Community Relations Aide 8625 Project Manager, Sr. 8626 Research Analyst 8628 Business Process Analyst 8630 Project Manager 8631 Senior Project Representative 8638 Maintenance Technician 8640 Facility Manager 8642 Facility Maintenance Manager 8643 Superintendent of Solid Waste 8645 Community Programs Administrator 8649 Payroll Manager 8650 Oracle Financial Systems Manager 8651 Applications Support & Integration Manager 8653 IT Quality Assurance Manager 8654 Information Technology Customer Service Manager 8656 Loan Review Specialist 8657 Loan Review Assistant 8658 Community Involvement Specialist 8659 Loan Review Analyst 8660 Senior Procurement Contracts Officer 8661 Procurement Aide 8662 Procurement Card Administrator 8664 Procurement Supervisor 8680 Construction Manager 8681 Chief Construction Manager 8684 Constructions Manager, SR 8685 Acquisitions Specialist Supervisor 8688 Professional Engineer III - Floodplain Administrator 8693 Special Projects Coordinator (Elected Official) 8706 Senior Job Training Specialist 5 8715 Community Service Provider 8718 Clerk I 8719 Clerk II 8720 Employment Interviewer 8722 Client Services Coordinator 8723 Client Services Specialist 8724 Accountant 8726 Account Clerk 8729 Auditor Assistant 8732 Public Relations Agent 8736 Public Information Coordinator 8737 Chief of Unsafe Structures 8738 Public Information Supervisor 8739 Building Quality Control Manager 8740 Deputy International Affairs Administrator 8741 Intergovernmental Affairs Liaison 8742 Code Compliance Specialist 8743 Chief Elevator Inspector 8744 Chief Civil Engineer 8745 Chief of Inspection Services 8748 Capital Improvements Procurement Administrator 8751 Zoning Manager 8752 Legislative Coordinator 8759 Financial Reporting Manager 8760 Internal Controls and Compliance Manager 8764 Financial Development Administrator 8765 Fire -Rescue Budget and Finance Manager 8770 Administrative Aide I 8773 Administrative Aide II 8775 Investigator II, Civilian Investigative Panel 8776 Investigator, Civilian Investigative Panel 8777 Civilian Investigative Panel Analyst 8780 Film and Culture Administrator 8783 Cultural Administrator 8784 Cultural Arts Center Manager 8785 Assistant Auditorium Manager 8786 Convention Center Manager 8789 Traffic Engineer 8790 Chief Transportation Manager 8791 Transportation Coordinator 8792 Special Projects Assistant 8793 Special Projects Coordinator 8794 Transportation Analyst 8796 Assistant Facility Maintenance Manager 6 8801 Client Support Services Aide 8803 Assessment and Referral Specialist 8804 Training Specialist 8805 Job Placement Specialist 8806 Skills Coach 8808 Case Management Supervisor 8809 Case Manager 8810 Senior Job Placement/Marketing Specialist 8811 Case Management Assistant 8812 Training Coordinator 8813 Training and Development Specialist 8815 Contract Compliance Analyst 8816 Contracts Manager 8817 Employment Programs Analyst 8818 Job Placement/Marketing Coordinator 8824 Fiscal Assistant 8825 Fiscal Administrator 8830 Housing Quality Assurance Aide 8835 Housing Quality Control Supervisor 8840 Housing Program Manager 8842 Housing Program Analyst 8844 Housing Quality Assurance Monitors 8900 Grant Funded Housing Quality Assurance Manager 8901 Grant Funded Housing Quality Assurance Supervisor 8903 Grant Funded Housing Program Analyst 8905 Grant Funded Assessment and Referral Specialist 8906 Grant Funded Emergency Management Coordinator 8910 Grant Funded Environmental Coordinator 8911 Grant Funded Environmental Programs Manager 8920 Grant Funded Administrative Aide I 8921 Grant Funded Administrative Aide II 8923 Grant Funded Administrative Assistant I 8924 Grant Funded Vista Program Assistant 8925 Grant Funded Program Specialist 8927 Grant Funded Homeless Housing Specialist 8928 Grant Funded Homeless Housing Supervisor 8930 Grant Funded Contract Compliance Analyst 8931 Grant Funded Contracts Manager 8932 Grant Funded Special Projects Assistant 8933 Grant Funded Special Projects Coordinator 8935 Grant Funded Project Manager 7 8937 Grant Funded Community Partnership Manager 8939 Grant Funded Loan Specialist 8940 Grant Funded Assistant to the Fire Chief (Sworn) 8945 Grant Funded Loan Review Specialist 8950 Grant Funded Fiscal Assistant 8951 Grant Funded Budget and Financial Support Advisor 8959 Grant Funded Clerk I 8960 Grant Funded Clerk III 8970 Grant Funded Workforce Center Manager 8972 Grant Funded Workforce Program Supervisor 8973 Grant Funded Workforce Career Advisor 8974 Grant Funded Workforce Lead Career Advisor 8975 Grant Funded Workforce Employer Specialist 8976 Grant Funded Workforce Placement Specialist 8979 Grant Funded Workforce Business Consultant 8980 Grant Funded Workforce Employer Consultant 8982 Grant Funded Workforce Program Workshop Facilitator 8984 Grant Funded Workforce Program Customer Service Rep 8986 Grant Funded Workforce Program Specialist I 8987 Grant Funded Workforce Program Specialist II 8990 Grant Funded Workforce Outreach Specialist 9261 Communications Liaison 8