AI Summary

Whereas, Miami-Dade County And The Dade County Police Benevolent Association (Pba) - Rank And File Entered Into A Collective Bargaining Agreement For The Period 2011 2014; And Whereas, The Parties Agreement Included A Reopener Regarding The Continuation Of The Five Percent (5%) Contribution Of Employees Base Wages Towards The Countys Cost Of Healthcare Contained In Article 35 Wages Of The Agreement; And Whereas, The County And Pba - Rank And File Unit, Have Negotiated For A Reasonable Period Of Time On Whether The Continuation Of The Five Percent (5%) Contribution Of Employees Base Wages Towards The Countys Cost Of Healthcare Implemented As A Result Of The 2011-2014 Collective Bargaining Agreement Would Continue As Of January 1, 2014; And Whereas, The Parties Have Reached An Impasse In Their Negotiations On The Continuation Of The Five Percent (5%) Contribution Of Employees Base Wages Towards The Countys Cost Of Healthcare; And Whereas, The Parties Have Jointly Agreed In Writing To Waive The Appointment Of A Special Magistrate And Proceed Directly To Resolution Of The Impasse By The Board Of County Commissioners; And Whereas, This Board Has Conducted A Public Hearing At Which The Parties Were Required To Explain Their Positions Regarding The Impasse In Negotiations; And Whereas, This Board, Pursuant To Fla. Stat. Sec. 447.403, Is Required To Take Such Action As It Deems To Be In The Public Interest, Including The Interest Of The Public Employees Involved, To Resolve The Disputed Impasse Issues, Now, Therefore, Be It Resolved By The Board Of County Commissioners Of Miami-Dade County, Florida, That This Board Resolves The Disputed Impasse Issue As Follows The Requirement That Bargaining Unit Employees Of The Pba - Rank And File Unit Contribute Five Percent (5%) Of Their Base Wages Toward The Countys Cost Of Health Care Shall Be Eliminated Effective January 1, 2014. The Mayor Or The Mayors Designee On Behalf Of The County And Pba - Rank And File Unit Shall Reduce To Writing An Agreement Which Includes The Disputed Impasse Issue Resolved Herein. The Written Agreement Shall Be Signed By The County Mayor And Submitted To The Bargaining Unit For Signature And Ratification. A Successful Ratification Vote Will Result In Elimination Of The Five Percent (5%) Employee Contribution Toward The Countys Cost Of Healthcare Effective January 1, 2014. If The Bargaining Unit Fails To Ratify The Action Taken By The Board To Resolve The Impasse, The Decision Of The Board Will Take Effect As Of The Date Of The Legislative Action Resolving The Impasse And Eliminating The Five Percent (5%) Employee Healthcare Contribution Effective January 1, 2014. Further, The Mayor Is Directed To Develop And Present To This Board A Plan Identifying Available Funds To Pay For The Costs Of This Impasse Resolution Subject To The Following Conditions (A) Any Funds In The Self-Insurance Fund Exceeding The 60-Day Safe Harbor Amount Established By The State Office Of Insurance Regulations Shall First Be Used To Fund The Costs Of This Resolution, (B) The Remaining Costs Shall Be Funded From Savings And Efficiencies Provided There Is No Impact To Direct Services To The Public, (C) No Letter Of Credit Or Line Of Credit Shall Be Used To Support The Self-Insurance Fund, And (D) No Funding Shall Be Taken From The Countys Reserves. Header Date To Honorable Chairwoman Rebeca Sosa And Members, Board Of County Commissioners From Carlos A. Gimenez Mayor Subject Recommendation For Resolving The Collective Bargaining Impasse Between Miami-Dade County And The Dade County Police Benevolent Association Rank And File Unit Staff Recommendation Recommendation It Is Recommended That The Board Of County Commissioners (Board) Resolve The Collective Bargaining Impasse Between Miami-Dade County And The Dade County Police Benevolent Association Rank And File Unit (Union), By Approving The Continuation Of Concessions In The Form Of The Requirement To Contribute Five Percent (5%) Of The Employees' Base Wages Toward The County's Cost Of Healthcare Negotiated Into The Parties 2011-2014 Collective Bargaining Agreement. Scope The Impact Of This Agenda Item Is Countywide. Fiscal Impact/Funding Source The Fy 2013-14 Budget Adopted By The Board On September 19, 2013 Is Predicated Upon The Continuation Of The Five Percent (5%) Contribution Of Employees Base Wages Towards The Countys Cost Of Healthcare Implemented As A Result Of The 2011-2014 Collective Bargaining Agreement. If This Five Percent (5%) Employee Base Wage Contribution Does Not Continue As It Relates To This Union, The Fiscal Impact To The Fy 2013-14 Budget Will Be $ 14.6 Million. During Negotiations, The Administration Proposed The Contribution Of Five Percent (5%) Of Base Wages Be Kept In Place In Light Of Our Continued Budgetary Challenges. The Administrations Position To Retain The Current Contribution Is Based On Its Commitment To Maintain The Current Level Of Service Throughout Fy 2013-14. The Union Disagrees With This Proposal. The Parties Have Agreed To Submit Their Dispute Directly To The Board As An Impasse Item For Resolution In Accordance With State Law. Track Record/Monitor The Director Of Labor Relations, Compensation And Benefits, Michael Snyder, Monitors And Oversees The Administration Of This Collective Bargaining Agreement. Manager's Background Background On December 6, 2011, The Board Ratified The Successor 2011-14 Collective Bargaining Agreement Between This Union And The County. The Collective Bargaining Agreement, In-Part, Provided For The Healthcare Contribution To Be Eliminated Effective January 1, 2014, But Gave The County The Right To Reopen The Contract On This Issue For The Purpose Of Negotiating Whether The Employee Contribution Would Be Continued. The January 1, 2014 Date Was Chosen Because That Was The Date The Affordable Care Act (Act) Was Due To Go Into Effect And The Parties Were Uncertain Of The Impact Of The Act. In The Event That Agreement On The Continued Contribution To The Cost Of Healthcare Could Not Be Reached, The Collective Bargaining Agreement Provides That The Special Magistrate Process Be Waived And That The Dispute Be Submitted To The Board. Impasse The Parties Are At Impasse Over The Continuation Of The Employees Five Percent (5%) Healthcare Contribution Effective January 1, 2014. The Parties Have Agreed To Waive The Special Magistrate Process And Submit Their Dispute Directly To The Board For Resolution. As Such, The Administration Is Presenting To The Board Its Recommendation For The Continuation Of The Employees Five Percent (5%) Healthcare Contribution. This Recommendation Is Not Made Lightly. The Continuation Of The Five Percent (5%) Healthcare Contribution Will Continue To Have A Financial Impact On Employees, But It Is Necessary In Order To Maintain The Same Service Levels At Our Current Projected Revenues. The Countys Fy 2013-14 Budget Adopted By The Board Assumes That The Contribution Would Continue For Fy 2013-14. Potential Impacts Can Be Mitigated By Adopting The Administrations Impasse Recommendation. Under Florida Law, The Action Taken By The Board Will Be Presented To The Bargaining Unit Members For A Ratification Vote. A Successful Ratification Vote Will Result In The Continuation Of The Five Percent (5%) Healthcare Contribution On And After January 1, 2014. If The Bargaining Unit Fails To Ratify The Action Taken By The Board At Impasse, The Decision Of The Board Will Take Effect As Of The Date Of The Legislative Action Resulting In The Continuation Of The Five Percent (5%) Healthcare Contribution On And After January 1, 2014 For The Remainder Of Fy 2013-14. Below Is A Summary Of The Contractual Change Affecting The Employees Covered By This Collective Bargaining Agreement. The Terms Of This Change Do Not Affect Employees Base Pay And Employees Will Continue To Be Eligible For Merit Increases And Longevity Bonuses During The Third Year Of The Collective Bargaining Agreement. Upon Ratification Or Implementation Of The Collective Bargaining Agreement, The Following Provision Will Continue Term Of Agreement This Is A Three Year Contract For The Period Of October 1, 2011 Through September 30, 2014. * Wages O All Employees In Bargaining Unit Classifications Will Continue To Contribute Five Percent (5%) Of Base Wages Towards The Countys Cost Of Healthcare On And After January 1, 2014. Board Resolution At The Boards Special Meeting Of December 5, 2013, The Board Amended The Item To Provide That The Required Five Percent (5%) Healthcare Contribution Be Eliminated Effective January 1, 2014. The Mayor Is Directed To Develop And Present To The Board A Plan Identifying Available Funds To Pay For The Costs Of This Impasse Resolution Subject To The Following Conditions (A) Any Funds In The Self-Insurance Fund Exceeding The Amount Of 60 Days Safe Harbor Established By The State Office Of Insurance Regulations Shall First Be Used To Fund The Costs Of This Resolution, (B) The Remaining Costs Shall Be Funded From Savings And Efficiencies Provided There Is No Impact To Direct Services To The Public, (C) No Letter Of Credit Or Line Of Credit Shall Be Used To Support The Self-Insurance Fund, And (D) No Funding Shall Be Taken From The Countys Reserves. ____________________________ Edward Marquez Deputy Mayor

• 12/17/2013: Motion To Override Veto Failed (Action By: Board Of County Commissioners)

• 12/16/2013: Additions (Action By: Office Of The Chairperson)

• 12/14/2013: Vetoed (Action By: Mayor)

• 12/12/2013: Assigned (Action By: County Mayor)

• 12/12/2013: Assigned (Action By: County Mayor)

• 12/12/2013: Assigned (Action By: County Attorney)

• 12/5/2013: Adopted As Amended (Action By: Board Of County Commissioners)