HomeMy WebLinkAboutR-2022-068 AFSCME MOU Ratification to Include Juneteenth Holiday as Paid HolidayRESOLUTION NO.2022-068
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING A MEMORANDUM OF
UNDERSTANDING WITH THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES ("AFSCME") UNION TO
INCLUDE JUNETEENTH AS A PAID HOLIDAY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City and AFSCME are parties to a Collective Bargaining Agreement
which provides AFSCME bargaining unit employees with eleven (11) paid holidays; and
WHEREAS, in May 2021, the City waived bargaining and afforded the Union an
additional twelfth paid holiday for Juneteenth in 2021 and prior to the next round of collective
bargaining; and
WHEREAS, in 2021, AFSCME rejected bargaining over implementation of the City's
Personnel Policy Manual ("PPM") at this time and deferred discussion of the PPM provision and
benefits until the next Collective Bargaining Agreement ("CBA") negotiations which have
commenced but will not be concluded before the 2022 Juneteenth holiday; and
WHEREAS, the City and AFSCME have tentatively agreed to a Memorandum of
Understanding which amends Article 28 of the current CBA to add Juneteenth as a paid holiday;
and
WHEREAS, although the City Commission finds it to be best practices to negotiate
benefit issues such as paid holidays along with all other wage and benefit matters when
collective bargaining occurs in full, the Commission also finds that the celebration of Juneteenth
has a positive impact on the community and the City workforce;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct and they are made a part of and are incorporated into this Resolution by this reference.
Section 2. That the City Commission of the City of Dania Beach, Florida ratifies the
Memorandum of Understanding attached as Exhibit "A" and incorporated into this Resolution by
this reference.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on May 10, 2022
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
EVE OU SIS,
CIT A TORNEY
TAMARA JAMES
MAYOR
2 RESOLUTION #2022-068
MEMORANDUM OF UNDERSTANDING
ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT
This Memorandum of Understanding is entered into between the City of Dania Beach, a
Florida municipal corporation, (the "CITY") and AFSCME Florida Council 79, AFL-CIO,
Local 3535 (the "UNION") for the purpose of amending an existing Collective Bargaining
Agreement between the CITY and the UNION.
WHEREAS, the CITY and the UNION negotiated a Collective Bargaining Agreement
(the "CBA"), the term of which expires September 30, 2022 ("Agreement"); and
WHEREAS, although the CITY and the UNION have commenced negotiations for a
successor agreement, it is unlikely that negotiations will be concluded before the City's
next celebration of the Juneteenth holiday; and
WHEREAS, the City's Collective Bargaining Agreement (CBA) does not list Juneteenth
as a paid holiday for All employees; and
WHEREAS, the City has offered to amend Article 28, Holidays to allow Union
employees and regular full time employees the same paid holidays, which will include
the next celebration of the Juneteenth holiday.
NOW THEREFORE, the Parties agree that the Collective Bargaining Agreement shall
be amended as follows:
1. Effective on ratification, Article 28 of the Collective Bargaining Agreement is
amended as follows:
ARTICLE 28 HOLIDAYS
28.1 The following paid holidays will be observed:
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Jr. Day
(00506088.1 614-1104020)
Presidents' Day
Memorial Day
Juneteenth*
Independence Day
Labor Day
28.2 The Employee must work the day before and after the holiday to be paid for the
holiday.
28.3 Holiday pay will be paid in the pay period in which the holiday occurs and may
not be "banked" or converted to any other paid leave.
28.4 An employee who works on a City designated holiday will be paid 1 1/ their
regular rate of pay for hours worked on the holiday plus their holiday pay.
28.5 An employee who is called out on a holiday will not receive call out pay but will
be paid 1 % their regular rate of pay for hours worked with a minimum of three (3)
hours.
28.6 All Regular Part-time employees are eligible for 4 hours of Holiday Pay.
All other provisions of the Agreement and any previous Memorandum of Agreement
modifying the Agreement which is not in conflict with this MOU shall remain in full force
and effect.
This Memorandum of Understanding shall take effect on ratification by the City
Commission and the members of the bargaining unit.
(00606088.104.1104020)
SIGNATURE PAGE
MEMORANDUM OF UNDERSTANDING
ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT
CITY OF DANIA BEACH
Ana Garcia, City Manager
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APPROVED AS TO LEGAL FORM:
Office of the City Attorney
(00506088.1 5141104020}
AFSCME FLORIDA COUNCIL 79, AFL-CIO
LOCAL 3535
Daniel Lozanc ler, President
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