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RESOLUTION APPROVING AND RATIFYING THE 2020-2023 COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE METRO DADE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1403; WAIVING REQUIREMENTS OF RESOLUTION NO. R-130-06

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WHEREAS, the Mayor and the Metro Dade International Association of Firefighters, Local 1403 (�IAFF Local 1403�), representing employees of the Miami-Dade Fire Rescue Department, have concluded collective bargaining resulting in the 2020-2023 collective bargaining agreement attached to the accompanying Mayor�s memorandum which is incorporated herein by reference; and

WHEREAS, under Florida law, a collective bargaining agreement is not binding on the public employer until such agreement is ratified by the public employees and the legislative body of the public employer; and

WHEREAS, the 2020-2023 collective bargaining agreement attached to the Mayor�s memorandum was ratified by the IAFF Local 1403 bargaining unit on November 18, 2021; and

WHEREAS, the Mayor recommends approval and ratification of the 2020-2023 collective bargaining agreement for the reasons set forth in the accompanying memorandum if the IAFF Local 1403 bargaining unit members ratify the Agreement; and

WHEREAS, because ratification by this Board and IAFF Local 1403 is required before the 2020-2023 collective bargaining agreement is binding under state law, the Mayor recommends that the Board waive the requirements of Resolution No. R-130-06 to allow the agreement to be executed by the Union after it has been ratified by this Board; and

WHEREAS, this Board desires to ratify the Agreement, accomplish the purposes outlined in the Mayor�s memorandum and waive the requirements of Resolution No. R-130-06,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:

Section 1. Approves and ratifies the collective bargaining agreement by and between Miami-Dade County and the Metro Dade International Association of Firefighters, Local 1403, for the period of October 1, 2020, through September 30, 2023, which is attached to the accompanying Mayor�s memorandum and incorporated herein by reference.

Section 2. Delegates the authority to the Mayor to execute, implement and administer the Agreement and waives the requirements of Resolution No. R-130-06 to allow the agreement to be fully executed after the Board�s action.

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Date:

To: Honorable Chairman Jose �Pepe� Diaz
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Approval 2020- 2023 Collective Bargaining Agreement Between Miami-Dade County and the Metro-Dade International Association of Firefighters, Local 1403

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve and ratify the attached 2020-2023 Collective Bargaining Agreement (Agreement) between Miami-Dade County (County) and the Metro-Dade International Association of Firefighters, Local 1403 (Union).

The attached Agreement was ratified by the bargaining unit on November 18, 2021. The attached contract is submitted for your approval and ratification because the Board�s ratification is necessary to make the Agreement binding on the parties under state law.

The requirements of Resolution R-130-06, requiring that any contract between the County and third parties be executed and finalized prior to their placement on a committee agenda, may be waived by the Board upon a recommendation by the County Mayor that it is in the best interest of the County to do so. It is recommended that these requirements be waived because the Amended Agreement Is not effective until it is ratified by the Board and the bargaining unit. Accordingly, the Amended Agreement will be executed by the parties subsequent to its approval and ratification by the Board and the bargaining unit.

Scope
The impact of this agenda item is countywide.

Delegation of Authority
The resolution delegates the authority to the Mayor to execute, implement and administer the 2020-2023 Collective Bargaining Agreement between the County and the Union.

Fiscal Impact/Funding Source
The fiscal impact associated with the various provisions included in this agreement, FY 2020-21 through FY 2022-23, is estimated at $31.298 million. Funding for the first two years of these concessions is included in the FY 2021-22 Adopted Budget in the reserves of the Fire District Fund and the General Fund.

Track Record/Monitor
Tyrone W. Williams, HR Division Director for the Human Resources Department, monitors and oversees the administration of this collective bargaining agreement.

Background
This Agreement before the Board for final approval and ratification is the product of good faith negotiations between the County and the Union. This Agreement recognizes the services provided by the public servants of this bargaining unit while ensuring the continued delivery of quality services to the residents of Miami-Dade County in a fiscally responsible manner. The following is a summary of the contractual changes affecting the employees covered by this Agreement:

Term of Agreement
This is a three-year contract for the period of October 1, 2020, through September 30, 2023.

Article 2: Recognition
Entrance Pay Rates for Firefighters hired on or after October 1, 2021, upon satisfactory completion of the training academy will be placed at step 5 of the Firefighter pay range.

Article 4: Grievance Procedures
Step 1 - Employees to discuss grievance with Battalion Chief or Bureau Officer-in-Charge (OIC). The Division Chief, in the grievant�s direct chain of command, shall respond to the employee and the Union.

Step 2 � The Division Chief shall meet with the Union and employee(s) within 15 days.

Step 3 � The Fire Chief or designee to meet with the Union and employee within 15 days. After the meeting the response shall be in writing and include copies of all material used in making a determination.

Article 6: Assignment Certification Pay
Various assignment certification pay supplement modifications were granted to employees based on their job responsibilities.

Article 7: Overtime
Emergency Medical Technicians (EMTs) assigned on a Rescue Unit will be allowed to take emergency off-going or on-coming overtime in the position they were assigned.

Article 10: Leave
If the Board of County Commissioners changes the day of observance for the Juneteenth holiday, it will automatically be changed in the contract.

Article 11: Certification of Firefighting Personnel
Except for Protocol Paramedics, personnel may voluntarily surrender a certification. Personnel who voluntarily surrender a certification and later wish to again obtain the certification must repeat the certification process.

Article 13: Firefighting Personnel Staffing of Apparatus
There are changes in certification and staffing requirements.

Article 14: Firefighting Personnel Assignments and Transfers
There are changes in how vacancies are filled, how bids are awarded, personnel assignments, and special assignment requirements.

Article 15: Firefighting Relief Personnel
There are changes in the relief factor.

Article 16: Promotional Examinations
Suggested study material will be provided via email or USB device.

For Lieutenant promotional exams, employees will be required to have an Associate�s degree or higher or State of Florida Fire Officer I certification.

For Captain promotional exams administered after September 30, 2023, employees will be required to have an Associate�s degree or higher or State of Florida Fire Officer I certification and completion of Fire Officer II coursework.

For Chief Fire Officer promotional exams administered after September 30, 2023, employees will be required to have at least an Associate�s degree or State of Florida Fire Officer I certification and completion of Fire Officer II coursework.

If a current eligibility list has been exhausted, promotions will be made effective on the day the new list is certified.

Article 17: Education
Additional degrees are added to receive a one pay step increase and educational benefits.

Various certification pay supplements were granted to employees based on their specific classifications.

Article 18: Non-Discrimination Clause
Discrimination complaints are expressly excluded from the Grievance procedure and Arbitration provisions of this Agreement because County, State and Federal agencies provide acceptable means of redressing these complaints.

Article 22: Union Representatives
One grievance representative shall be released daily with pay for up to 12 hours.

Vice President or designee is released from duty with pay.

Article 24: Safety Standards and Equipment
No employee will be required to transport contaminated personal protective ensemble in their personal vehicle.

All bargaining unit members will be furnished with rain gear.

Article 27: Firefighting Personnel Tour of Duty and Hours of Work
The 4-10 hour day provision does not apply to personnel who accept a special assignment or are assigned to administrative duty by the department as a result of discipline.

The parties agree to jointly research and study alternative work schedules via Labor Management�s Service Delivery Sub-Committee.

Article 28: Group Health Insurance
The reopener language is removed.

Retirees� health insurance supplement is increased from $150 to $200.

A one-time contribution of $500,000 (disbursal of $250,000 in January 2022, and $250,000 in January 2023) to the Dade County Firefighter Health Insurance Trust Fund for the purpose of supplementing mental health education, awareness and assistance.

Article 29: Firefighting Personnel Shift Exchange
Employees cannot work overtime or Extra Duty Services when off on exchange time.

Employees could be moved from exchange positions for up to six (6) shifts or parts thereof. If a move from a position exchanged by employees should occur, it shall be recorded as a move of the employee working exchange.


Article 32: Extra Duty Services
Homestead Motor Speedway is removed, and World Baseball Classic, College Football National Playoff and National Bowl Game, and the Rolling Loud concert are added.

Article 43: Personnel File and Disciplinary Matters
At the conclusion of formal counseling or discipline, a copy of the employee�s written or recorded statement and any other document considered will be provided to the employee and the Union.

Article 44: Wages
There is no COLA during the first year of the contract. Upon ratification a one-time bonus of 2% of base wages at the time of ratification will be paid. This 2% bonus shall be calculated using the employee�s base wage before such base wage has been adjusted by the (Fiscal Year 2021-22) 3% Cost of Living Adjustment provided by this Article. Effective the first pay period in October 2021, bargaining unit employees shall receive a COLA of three percent (3%). Effective the first pay period in October 2022, bargaining unit employees shall receive a COLA of three percent (3%).

Article 45: Term of Agreement and Reopening
The collective bargaining agreement shall be effective upon ratification by the Association and approval by the Board of County Commissioners unless otherwise provided in any specific Article, and shall continue in effect until September 30, 2023. A meeting of the parties shall be held no later than May 1, 2023, where first drafts of written proposals modifying this agreement shall be exchanged. If neither party submits such written notice during the indicated period, this Agreement shall be automatically renewed for the period October 1, 2023 through September 30, 2024.

Article 46: Paychecks
Upon notification to both the concerned employee and the Union, the concerned employee or the Union shall have 14 calendar days to dispute the basis for and/or the amount of the claimed overpayment, through the grievance procedures. The Union may file the grievance directly at Step 3.

Article 47: Firefighting Personnel Working Conditions
All Heavy Fleet vehicles shall maintain serviceable air conditioning systems. All Heavy Fleet vehicles will be replaced in accordance with the Internal Services Department�s recommended fleet replacement plan.

Heavy Fleet vehicles purchased will provide appropriate noise suppression devices and/or capabilities to protect the hearing of employees while seated inside the vehicle.

One bargaining unit member may be designated by the Union President to participate in all inspections of apparatus prior to delivery.

All potable water at Fire Stations and facilities will be filtered. The Fire Department will request the Water & Sewer Department to test the water supplies at all Fire Stations during its Annual Drinking Water Supply & Quality Report process, at no cost to the Fire Department.

Engineering controls shall be established at all Fire Stations to reduce exposure to all byproducts of combustion generated by Heavy Fleet vehicles.

Article 49: Toxicology and Alcohol Testing
An employee may waive the second test (Split Test).

If an employee is referred to or requests participation in Employee Support Services Program (ESSP), employee shall be referred to a program that is within the employee�s health insurance provider network when available.
Article 50: Dispatchers� Addendum
Effective April 1, 2022, Fire Rescue Dispatcher Supervisors will be assigned to a 5-day per week 8-hour day. Fire Rescue Dispatcher Supervisors shall receive up to 30 minutes of overtime before each shift when working in a Fire Rescue Dispatcher Supervisor shift position.

Fire Rescue Dispatchers and Fire Rescue Dispatcher Supervisors designated by the Department to train other employees will receive a one pay step salary supplement for each hour or 15-minute increment in which active training is performed.

The February 12, 1992, Letter of Understanding�s language of exchange time policy is incorporated into the CBA. Employees may exchange shifts with personnel of the same classification subject to conditions.

Effective January 1, 2022, the Fire Rescue Department will initiate the Shift Selection Process (SSP) for Fire Rescue Dispatchers and Fire Rescue Dispatcher Supervisors four (4) times per year.

Fire Rescue Dispatcher and Fire Rescue Dispatcher Supervisor competency pay supplement will increase from 14% to 15% effective April 1, 2022, and from 15% to 16% effective April 1, 2023.

Upon ratification of this Agreement, Fire Rescue Dispatchers and Fire Rescue Dispatcher Supervisors assigned to special projects shall receive 5% above their regular rate of pay.

Fire Rescue Dispatchers and Fire Rescue Dispatcher Supervisors who receive an Associate degree or higher in Emergency Management, Emergency Medical Services or Computer Science shall receive a one-step pay increase.

A labor management subcommittee shall be established and meet at least once quarterly.

Appendix A � Fire Prevention Division
Various assignment pay supplement modifications were granted to specific employees based on their job responsibilities.

The term �Fire Prevention Inspector� shall be used as designation for all Fire Prevention employees working in the Fire Inspections and Fire Engineering Bureau. The term �Fire Prevention Investigator� shall be used as designation for all Fire Prevention employees working in the Fire Investigations Bureau.

Assignment Pay Supplements for Fire Prevention Inspector and Fire Prevention Investigator are not transferable from Bureau to Bureau.

In the event that an insufficient number of Firefighter bargaining unit employees bid into assignments in the Fire Prevention Division, the Fire Chief shall have the option and authority to temporarily fill these vacant positions with other certified bargaining unit employees (right of first refusal) or with certified employees in non-Firefighter bargaining unit classifications until the following bid period.

Fire Lieutenant and a current State of Florida Fire Safety Inspector Certification is required to bid for a Fire Prevention Inspector position

Current State of Florida Fire Safety Inspector Certification is required to bid for a Fire Inspection Bureau OIC position. The successful bidder is required to attain NFPA Plans Examiner I certification within one year of receiving the bid position, and State of Florida Fire Safety Inspector II certification within two years of receiving the bid position. If the successful bidder fails to meet this requirement, he/she shall lose the bid and will not revert to his/her previous bid position. If no qualified bidder is awarded a position, the position will remain vacant.

Fire Lieutenant and a current State of Florida Fire Safety Inspector Certification is required to bid for a Fire Prevention Investigator position

Appendix B
Effective upon ratification promotional steps for Firefighter to Fire Lieutenant for base pay step 9 will be base pay step 6 instead of 5.



Attachments



____________________________
Edward Marquez
Chief Financial Officer