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Agenda Special 01-08-03 CITY OF DELRAY BEACH, FLORIDA CITY COMMISSION SPECIAL IMPASSE MEETING WEDNESDAY, JANUARY 8, 2003 - 3:00 P.M CITY COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor David W. Schmidt has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. City Commission Hearing on Special Master's Recommendation for Resolution of Impasse between the City and IAFF on Ocean Rescue Classifications. 2. COMMISSION COMMENTS Barbara Garito City Clerk PO8TED: JANUARY 3, 2003 ****************************************************************************** Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. DELRAY BEACH Ali-America City 1993 2001 December 31, 2002 James Tabeek, President I.A.F.F., Local 1842 Post Office Box 583 Delray Beach, FL 33447-0583 Re: City Commission Hearing on Special Master's Recommendation for Resolution of Impasse between City and IAFF on Ocean Rescue Classifications Dear Mr. Tabeek: The purpose of this correspondence is to advise the parties of the procedure which the Mayor has indicated will be followed at the City Commission's hearing on Wednesday, January 8, 2003 in the above-referenced matter. As a reminder, the heating will begin at 3:00 p.m. in the City Commission Chambers at the Delray Beach City Hall. The purpose of the hearing before the City Commission is set forth in Section 35.039, Code of Delray Beach. Specifically, subsection (3) (c) of Section 35.039 provides that "[t]he legislative body or a duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required to explain their positions with respect to the rejected recommendations of the special master". To facilitate a fair and orderly hearing, the following procedure will be implemented: A. The IAFF and the City's representative will have up to a total of 60 minutes each to explain their respective positions on the special master's recommendation. The parties will be expected to separately address each of the recommendations in dispute. The party which rejected a particular special master's recommendation will proceed first on that issue. When both parties have rejected the special master's recommendation on a particular issue, the party that declared impasse will proceed first. A party's presentation may be interrupted by questions by the City Commission at any time. James Tabeek Page 2 December 31, 2002 B. Following the presentations by the parties, the City Commission will allow up to 60 minutes for public comment. Comments by the public will be limited to 3 minutes per individual. However, members of the bargaining unit will not be permitted to speak during the public comment portion of the hearing. Comments of bargaining unit members must be made only during the 60 minute time period allotted to the IAFF referenced in Paragraph A above. C. Subsequent to public comment, the IAFF and the City's representative will each be given up to 15 minutes to respond and rebut statements made during the public comment portion. D. Following the parties' response and rebuttal to public comments, the City Commission will take such action as it deems to be in the public interest to resolve all disputed impasse issues. Thank you for your anticipated cooperation. Sincerely, .dwa _( \ Human R~our.~?u~s D~s D~ e~r.) EJG/smg Cc~ Susan Ruby David T. Harden Leonard Carson Matthew J. Mierzwa, Jr. Mayor David Schmidt fi' JAIVlES C ADKINS (]915-1~94) LEONARD A CAR~ON K)FIN E GP.B~IN LUCILLB E TURNER CARSON & ADKINS Lawyers 2958 WELLINGTON C]I{CLE NORTH SUITE 200 TALLAHASSEE, FLORIDA 32309 (850) 894-]0O9 FACSII~flI.,E (850) 894-1677 October 18, 2002 Karen Schell Clerk Delray Beach PERC 100 N.W. 1st Avenue Delray Beach, Florida 33444 Via Facsimile and Overnight Delivery Re: Impasse Between City of Delray Beach and Professional Firefighters and Paramedics of Delray Beach, Local 1842, IAFF (Ocean Rescue Impasse) Dear Ms. Schell We serve as Special Labor Counsel to the City of Delray Beach and we represent the City in the above-referenced matter. Pursuant to Section 35.039 (2), Code of Delray Beach, enclosed for filing with the City of Delray Beach Public Employees Relations Commission in the above-referenced matter please find the City of Delray Beach's Notice of Partial Rejection of Special Master's Recommendations. Thank you. Sincerely, CARSON & ADKINS John E. Griffin Special Labor Counsel City of Delray Beach enclosure cc: Matthew J. Mierzwa (w/enclosure) Susan A. Ruby, Esq., City Attorney (w/enclosure) Ned Gusty, Director, Human Resources (w/enclosure) RECEIVED 0CT 2 1 2002 CITY CLERK CITY OF DELRAY BEACH, FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION IMPASSE BETWEEN CITY OF DELRAY BEACH AND PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF DELRAY BEACH, LOCAL 1842, IAFF (OCEAN RESCUE IMPASSE) EMPLOYER'S NOTICE OF PARTIAL REJECTION OF SPECIAL MASTER'S RECOMMENDATIONS The Employer, the City of Delray Beach (City), in accord with the requirements of Section 447.403 (3), Florida Statutes, and Section 35.039 (2), Code of Delray Beach, hereby gives notice that it accepts Recommendation Nos. 1, 3, 5, and 6 of the Special Master contained in the Recommendation Summary of the Special Master's Recommended Decision dated September 23, 2002. The City gives notice that it rejects Recommendation Nos. 2 and 4 of the Special Master contained in the Recommendation Summary of the Special Master's Recommended Decision dated September 23, 2002 for the reasons stated below. 1. Recommendation No. 2 The parties agreed, and the Special Master has recommended, that there be a 3% increase (push) to both the minimum and the maximum wage rates for each of the three Ocean Rescue classifications represented by the IAFF. [Recommendation No 1] Likewise, the parties agreed, and the Special Master has recommended, that individual employees in each of the three Ocean Rescue classifications represented by the IAFF will remain eligible for an annual wage increase of up to 5% based on their respective performance evaluations. [Recommendation No. 3] However, the City rejects the Special Master's Recommendation No 2 that there be a 3% across the board wage increase for all Ocean Rescue classifications retroactive to October 1, 2002. The parties disagree on the amount of an across the board wage increase for the Ocean Rescue classifications represented by Local 1842. Local 1842 proposes a 3% across the board wage increase retroactive to October 1, 2001 The City proposes a 2.5% across the board wage increase retroactive to October 1,2001. The Special Master recommends a 3% across the board wage increase retroactive to October 1, 2001. The Special Master also recommends that, should the parties agree to a three year agreement, a 2% across the board wage increase effective October 1, 2002 and no across the board increase in the third year of the agreement. The City rejects the Special Master's recommendation of a 3% across the board wage increase. The City submits that its proposal ora 2.5% across the board wage increase retroactive to October 1, 2001 is more reasonable and appropriate when the relevant evidence is applied to the factors found at Section 35.040, Code of Delray Beach. It is the policy of the City to be competitive in the relevant job market. The City reviews the job market on an annual basis to determine if any City job classification needs adjustment to its wage range to remain competitive. One of the methods used in surveying the relevant job market is to review annual salary surveys prepared by the Public Employers Personnel Information Exchange [PEPIE], a cooperative effort of southeast Florida local governments. In addition to the PEPIE surveys, the City's Human Resources Department also conducted a wage survey of the Ocean Rescue positions created by local governments in Palm Beach County. Based on its annual market review, the City concluded that the wage rates of the City's Ocean 2 Rescue classifications had fallen slightly behind in the relevant market and that some adjustment to those wages was necessary to remain competitive. As a result, the City agreed in negotiations to a 3% increase in the minimum-maximum wage rate for the Ocean Rescue classifications. The City believes that, in addition to the agreed upon increase in the minimum-maximum wage rate and the agreed upon continuation of the 0-5% pay for performance increase, an additional across the board wage adjustment to the Ocean Rescue classifications is appropriate to keep those classifications competitive. The City's proposed 2.5% across the board increase is more than double the 1.1% increase in the Consumer Price Index during the one year period from June 2001 to June 2002. The 2.5% increase is consistent with the adjustment given to City employees represented by the blue collar bargaining unit. To address the issue of competitiveness, the City also proposes a $50.00 per month bonus to employees who are certified as an Emergency Medical Technician (EMT). Although the $50.00 monthly payment would be treated as a bonus and not as part of the base hourly wage, the amount still represents an additional 2 to 2.5% wage increase. Combining the three year average pay for performance wage increase of 3.87% enjoyed by employees in the Ocean Rescue Officer classification with the City's 2.5% across the board increase and the City's proposed 2.5% EMT bonus, the average Ocean Rescue Officer would receive a one year wage increase of 8.87%. Utilizing the three year average pay for performance increase of 4.30% received by employees in the Ocean Rescue Operations Supervisor classification, the average Ocean Rescue Operations Supervisor would receive a one year wage increase of 8.80%. The City's 2.5% across the board increase is fair and reasonable and sufficiently addresses the issue of competitiveness. Utilizing the City's 2.5% across the board increase coupled with the other wage adjustments that have been agreed to by the parties, the average one year pay increase for Ocean Rescue classifications is approximately 8 to 9%. 2. Recommendation No. 4 Local 1842 proposes that Ocean Rescue employees receive a $.50 per hour adjustmem to their base hourly wage for certification as an EMT retroactive to June 1, 2001. The City proposes a $50.00 per month bonus (equivalent to a $.29 per hour adjustment) for certification as an EMT retroactive to October 1, 2001 The Special Master recommends that Ocean Rescue employees receive a $.50 per hour adjustment to their base hourly wage for certification as an EMT.~ The City rejects the Special Master's recommendation because it is excessive and because the current hourly wage for the Ocean Rescue classifications already includes a preexisting EMT pay adjustment. Effective October 1, 1994, the City required all ocean lifeguards to be certified by the State of Florida as an EMT.2 The City began paying ocean lifeguards an EMT bonus when EMT certification became a requirement for the job classification. This EMT bonus was subsequently rolled into the base hourly wage of the Ocean Rescue classifications and has remained in the base hourly wage for these classifications. ~ The Special Master's recommendation does not expressly indicate whether the payment is retroactive to June 1,2001, as suggested by the IAFF, or October 1,2001. The City submits that the retroactivity of an EMT pay adjustment may not permissibly go back beyond October 1, 2001. To the extent the IAFF interprets the recommendation as impliedly including retroactivity to June 1, 2001, the City also rejects retroactivity to June 1, 2001. 2 Prior to November 1999 the current job classification of Ocean Rescue Operations Supervisor and Ocean Rescue Officer had different titles. Ocean Rescue Operations Supervisor was known as Ocean Lifeguard Lieutenant. Ocean Rescue Officer was known as Ocean Lifeguard The change in job titles did not result in any change in job duties or responsibilities. 4 The amount ($.50 per hour) and the nature (adjustment to the base hourly wage) of the Special Master's recommendation overlooks the fact that the City previously provided an hourly wage adjustment for EMT certification. As. noted by the Special Master, some jurisdictions in the relevant market do not provide any wage adjustment for EMT certification. While City agrees that some additional monetary recognition for EMT certification is necessary and appropriate to remain competitive in the relevant job market, the adjustment to the base hourly wage proposed by Local 1842 and recommended by the Special Master is inappropriate. To the contrary, the City believes that its proposal of a $50 monthly bonus ($.29 per hour) is reasonable and fair, especially in light of the other wage related proposals that have either been agreed to by the parties or recommended by the Special Master. Respectfully submitted this/~t~ day of October, 2002. Leonard A. Carson Fla. Bar No. 099094 John E. Griffin Fla. Bar No. 242969 CARSON & ADKINS 2958 Wellington Circle North Suite 200 Tallahassee, FL 32309 (850) 894-1009 Telephone (850) $94-1677 Facsimile Special Labor Counsel City of Delray Beach Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail to Matthew J. Mierzwa, Jr., Mierzwa & Associates, 3900 Woodlake Blvd., Suite 212, Lake Worth, Florida 33463-3045 this/jT~ day of October, 2002. John E. Griffin MATTHEW J MIERZVVA, IR F KEITH DUBIN TAMI L. AUGEN Of Counsel JOSEPH H KAPLAN LAW OFFICES MIERZWA & ASSOCIATES, P.A. 3900 WOODLAKE BOULEVARD SUITE 212 LAKE WORTH, FLORIDA 33463-3045 TELEPHONE (561) 966-1200 FACSIMILE (561) 966-1231 October 21, 2002 VIA FACSIMILE AND REGULAR U.S. MAIL Ms. Karen Schell Public Employees Relations Clerk City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Re: Professional Fire Fighters & Paramedics of Delray Beach, Local 1842 Ocean Rescue - Special Master File No.: 121842.2011 Dear Ms. Schelh This firm represents the Professional Fire Fighters & Paramedics of Delray Beach, Local 1842, Intemational Association of Fire Fighters. Enclosed is an original and one copy of Local 1842's Rejection of Special Master's Recommendations. Si MJM:jg Enclosures James H. Tabeek, President, Local 1842 (w/enclosure) John E. Griffin, Esquire (w/enclosure) (via facsimile and U.S. Mail) STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION CITY OF DELRAY BEACH PROFESSIONAL FIRE FIGHTERS & PARAMEDICS OF DELRAY BEACH, LOCAL 1842, IAFF, Union, 2001 Negotiations - Ocean Rescue Impasse Resolution CITY OF DELRAY BEACH Employer. / REJECTION OF SPECIAL MASTER'S RECOMMENDATIONS The Professional Fire Fighters & Paramedics of Delray Beach, Local 1842, International Association of Fire Fighters, pursuant to Section 447.403, Florida Statutes, and Section 35.039 of the City of Delray Beach Code, files this Rejection of Special Master's Recommendations. Local 1842 rejects recommendation two which recommends wage increases of three percent effective October 1, 2001; two percent effective October 1, 2002; and no increase in year three. Essentially, ~the Special Master recommended the proposal submitted by Local 1842. However, the proposal by Local 1842 was conditioned on a package provision which included other benefits as well. The Special Master's decision does not make sense as he recommended very little wage increases even though he concluded that Ocean Rescue employees are paid "substantially below the average of the jurisdictions considered." Loca! 1842 rejects recommendation three which has Ocean Rescue employees continuing to participate in the City's merit pay plan. Local 1842 would submit that Ocean Rescue employees should be provided the same merit pay plan as the remainder of the bargaining unit. It is justified with respect to equity as well as comparisons in the relevant labor market. Local 1842 rejects recommendation five which rejected for Ocean Rescue employees the same type of internal pay increase as agreed to for police and fire unit employees. Ocean Rescue deserves the same type of increases as police and fire both for purposes of internal equity, but also for external equity. Furthermore, the City's inability to recruit and maintain Ocean Rescue employees will threaten the safety and health of citizens and visitors to the beaches in the City of Delray Beach. Local 1842 rejects recommendation six which maintains the status quo for pension benefits for Ocean Rescue employees. Under the status quo, as a practical matter, Ocean Rescue employees have no pension. They deserve better. Improving pension benefits for Ocean Rescue employees as proposed by Local 1842 is supported by internal comparisons, peculiarities of employment, sufficient funds, and common sense. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via regular U.S. Mail and facsimile addressed as follows: John E. Griffin, Special Labor Counsel, City of Delray Beach, 2958 Wellington Circle North, Suite 200, Tallahassee, FL 32309 (850-894-1677). Respectfully submitted, MIERZWA & ASSOCIATES, P.A. Attorneys for Local 1842 3900 Woodlake Blvd., Suite 212 Lake Worth, FL 33463-3045 561-966-1200  ~1231 (facsimile) Florida Bar No.: 0699860 2 CITY OF DELRAY BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION City of Delray Beach and Professional Firefighters and Paramedics of Delmy Beach Local 1842, IAFF Case No.: 121842.2011 Date of Hearing: July 29, 2002 By Patrick J. Philbin Special Master RECEIVED 5EP 3 0 Z00Z CITY CLERK For the Ci~ of Delray Beach: Leonard A. Carson, Esq. John E. Griffin~ Esq. For Local 1842, IAFF: Mathew J. Mierzwa, Jr., Esq. For the City_ of Delray Beach: David Harden Delray Beach City Manager Edward Gusty Dkector of Human Resources, City of Delray Beach For Local 1842, IAFF: James H. Tabeek President Local 1842 Steve Zickl Shop Steward, Local 1842 Introduction Pursuant to Section 35.039, Code of Delray Beach, the undersigned, Patrick J. Philbin, was appointed as Special Master to consider those issues at impasse submitted by Local 1842, IAFF and the City of Detmy Beach. A preliminary telephone conference was conducted during which the parties indicated that negotiations were continuing in an effort to reduce those issues remaining unresolved. By mutual agreement, the parties waived the requirement to schedule a bearing within twenty days and selected July 29, 2002 at 09:00 A.M. as the bearing time and date. On July 29, 2002 a bearing was conducted at the Delray Beach City Hall. Both parties were represented by coun~l. Oral testimony was taken and numerous documents were placed into evidence. An audio tape recording of the proceeding was made. The hearing recessed at approximately 5:30 P.M. on July 29, 2002 to permit the submission of post hearing briefs by both parties. By mutual agreement post bearing briefs were submitted on September 12, 2002. The briefs were received on September 18, 2002 and the hearing was adjourned on that date. Pre 'lnninary_ Facts In December 1995, a unit clarification petition was filed with the City of Delray Beach Public Employees Relations Commission seeking to delete Ocean Rescue employees from the existing bargaining unit of'~olue collar" employees represented by the International Brotherhood of Firemen and Oilers, Local 1227. On April 5, 1996, the City of Delray Beach PERC entered an Order Granting Unit Cladtication deleting the classification of ocean lifeguard and ocean lifeguard lieutenant from the bargaining unit represented by Local 1227. Subsequently the Professional Firefighters and Paramedics of Delray Beach, Local 1842, International Association Of Firefighters filed a petition seeking to represent ocean rescue employees in the existing bargaining unit of emergency medical technicians and firefighters. On April 19, 2001, the Delray Beach PERC issued an order in which it modified the firefighter bargaining unit to include Ocean Rescue classifications including ocean rescue operations supervisor, ocean rescue officer and ocean rescue lifeguard trainee. Negotiations between Local 1842 and the City concerning wages, hours and terms and conditions of employment of Ocean Rescue employees continued from certification until October 17, 2001. The parties were able to reach a tentative agreement on all issues except wages and pension. An ' .nnpasse was declared. The parties thereafter selected Patrick J. Philbin as Special Master pursuant to Section 35.039, Code of Delmy Beach and herein the Special Master makes his recommendations with reference to those issues remaining unresolved. Issue 1. Issue 2. a. Wages b. EMT Pay c. Internal Pay Movement Pension Issues Discussion and Recommendations Issue la. Wages. The parties are in agreement with regard to an increase in the minimum and maximum pay scale of three (3%) percent for each year ifa multi-year agreement is reached. Local 1842 proposes an increase in actual employee wages of three (3%) percent for Fiscal Year October 1, 2001 thru September 30, 2002 and no increase in subsequent years The City counter proposes a two point five (2.5%) percent increase for the same period with any further increases subject to future negotiations. If a multi-year agreement, the City further proposes a two (2%) percent increase in wages effective October 1, 2002. In accordance with the guidelines established by Florida Statmes, careful comparisons were made with employees in similar public employment in the immediate local area. Excluding dissimilar employees from the exba'bits submitted, it is concluded that the three classifications of employees within Local 1842 are substantially below the average of the jurisdictions considered. The skil[q and training required by the City as well as the maintenance of those skili.~ warrants the initial increase of three (3%) percent proposed by Local 1842 retroactive to October 1, 2001. The additional increase of two (2%) percent as proposed by the City is also warranted for the same reasons stated above and is herein recommended in contemplation of the parties' acceptance of a three year agreement. Reconanendation It is therefore recommended that the mh~um and maximmn pay scale for the three classifications of employees be increased by three (3%) percent per year for each year of a three year agreement commencing October 1, 2001 and ending September 30, 2004. It is further recommerded that the actual wages of the three classifications of Ocean Rescue employees he increased by three (3%) percem retroactive to October 1, 2001 and by an additional two (2%) percent effective October 1, 2002. No increase in year three of the agreement is contemplated. The parties are in agreement with respect to the cominuation of the merit plan provided by the City and which currently provides performance increases of 0% thru 5% to all City employees. It is recommended that the merit plan as it is currently constituted he continued for the benefit of the members of Local 1842. Issue lb. EMT Pay The second sub issue within the issue of wages is EMT pay. The City requires that Ocean Rescue employees maintain EMT qualifications as a condition of employrncnt. A variety of jurisdictions, similar to Delray Beach, ~ewise require EMT training and compensate employees in a variety of ways and in varying amounts. Some cities do not specifically compensate employees for EMT training. Again a careful analysis of the exhibits offered supports Local 1 $42 in its proposal for compensation for EMT qualification. The public clearly benefits from EMT qualification in substantial ways and such a requirement warrants EMT pay as proposed by Local 1842. Recommendation It is therefore recommended that the Ocean Rescue employees represented by Local 1842 receive fifty (.50) cents per hour EMT pay in addition to basic wages. Issue I c. Internal Pay Movement The third sub issue considered has been labeled "internal pay movement" which consists of bonuses of $1500, $3000, and $4500 based on years of service and positive evaluations of the employees. The proposal attempts to mirror provisions contained in agreements governing police and firefighters. A review of the documents submitted fails to demonstrate similar benefits available to similarly situated employees from other cities nor does Local 1842 offer sufficient justification that such bonuses are warranted. Reconm~ndation It is therefore recommended that the Local 1842 proposal with regard to internal pay movement be rejected. Issue 2. Pension For Fiscal Year October 1,2002 thru September 30, 2003 and thereafter, Local 1842 proposes pension improvements for Ocean rescue employees identical to those provided to firefighters and police. The proposal includes normal retirement date at twenty (20) years of service and thereafter an additional accrual of benefits of three (3%) percent per year beyond twenty years. The City proposes a continuation in the City's general employees' pension plan under which Ocean Rescue employees currently receive benefits. The normal retirement date contained within that plan is age sixty and ten years of service or thirty years of service regardless of age. There are numerous other benefits which accrue and which are similar under both proposals. Ocean Rescue employees provide an important service by providing safe oceanfront recreation for those visiting the City's beaches. Although there exists substantial risks and hazards in providing those services, those risks and hazards are not equivalem to those experienced by firefighters and police officers. Where similarities exist, those factors do not rise to a level, which would justify the enhanced pension benefits proposed. In a variety of significant ways, Florida Statutes recognize the significant contributions of firefighters and police as well as the unique hazards inherent in those job classifications. No such legislative support exists for the Ocean Rescue employees. Insufficient evidence was offered to support Local 1842 in its proposal to provide benefits different from those of the City's general pension plan. No employee group considered for comparison enjoys the benefits suggested by local 1842 for its employees. Recommendation It is therefore reco~ed that the Pension proposal offered by Local 1842 be rejected and Ocean Rescue employees continue to accrue benefits in accordance with the general pension plan provided for all City employees. Reco~tion Smmnary 1. Increase minimum and maximum wage scale by three (3%) percent per year for each year of a three year agreement. 2. Increase actual wages by three (3%) percent effective October 1, 2001 and by two (2%) percent effective October 1, 2002 with no increase in year three. 3. Continue Ocean Rescue employee participation in the City's merit pay plan. 4. Provide Ocean Rescue employees with EMT pay in the amount of fifty (.$0) cents per hour. 5. Reject Local 1842 "Internal Pay Movement". 6. Reject Ocean Rescue proposal reference to pension and continue employee participation in the general pension plar~ Respectfully submitted this 23ra day of September 2002. Patrick Jf'Philbin Special Master