human resources and labor relations summit florida league of cities

HUMAN RESOURCES AND LABOR RELATIONS SUMMIT

FLORIDA LEAGUE OF CITIES

Mark E. Levitt, EsquireAllen, Norton & Blue, P.A. 1477 West Fairbanks AvenueOrlando, Florida 32789(407) 571-2152

February 21, 2013

OBJECTIVES TO BE COVERED•Overview of the Public Sector Collective Bargaining Process in Florida;•Considerations in creating a Bargaining Team;•Developing goals and proposals to meet those goals;•Concept of bargaining and strategies for achieving agreement;•Communications between the Bargaining Team and the City Council (Legislative Body);•How the Impasse Resolution Process works.

UNDERSTANDING THE BARGAINING DYNAMICCity Manager is generally the CEO – F.S. 447.203(2); (Mayor may also be CEO);City Council or Mayor is the Public Employer – F.S. 447.203 (9);City Council is always the Legislative Body – F.S. 447.203 (10);

City Manager/Mayor is responsible for all aspects of bargaining, including the declaration of impasse.

City Council is responsible for resolving the impasse.

COMPOSITION OF THE TEAMWho should be on the Team?Selecting the right members

Finance DirectorHuman Resources ProfessionalsIndividuals who know the difference between

Mandatory and Permissive Subjects of Bargaining

Individuals who know what a waiver is and whether bargaining proposals can be imposed.

COMPOSITION OF THE TEAMWho should NOT be on the Team?City Manager or Mayor?Fire Chief/Police Chief? Strong Personalities!Who else?Reaching out to the

Union Representative – Credibility

Purpose of the TeamPerforms necessary research for

formulation of economic proposals (salary/benefit studies, etc);

Gathers input and formulates bargaining proposals /counter-proposals;

Liaison between Mayor/City Manager and Union and Mayor/City Manager and City Council;

Represents the employer in contract negotiations, through impasse if necessary;

Facilitates contract ratification and implementation process.

COMPOSITION OF THE TEAM

FORMULATING YOUR STRATEGYWhat is my current relationship with the union?Where are we in the bargaining cycle?• Reopeners or • Entire Agreement

Long Term Goals

v.

Short Term Goals

FORMULATING YOUR STRATEGY

Economic v. Operational IssuesMandatory Subjects of Bargaining:

Wages, Hours and Terms and Conditions of Employment

Permissive Subjects of BargainingWhat is a Management Right and Impact

Bargaining?What is a Waiver? Can it be imposed? Reaching out to the Union Representative Credibility of Negotiator – Paramount!


Executive Sessions What is an Executive Session?

Outside the Sunshine (Shade Meeting) Permitted by Law – F.S. 447.605

Meeting between Bargaining Team and Legislative Body.

Why have an executive session?When should you have an executive session?


Executive Sessions Help Council understand the bargaining process.Inform Council of Bargaining Strategies and goals.Ongoing dialogue through bargaining process of bargaining status.Inform Council of changes in Union

strategies


Executive Sessions Prepare Council for Union Discord and/or Impasse Resolution Process;Receive Feedback / Address Concerns

Gauge vote – more than just head nodding;Providing documents – must retrieve them.


Executive Sessions Prepare Council for Questions / Media Interaction;Deference to Mayor/City Manager in Operational Decisions – Mayor and Manager should be given deference on all non-economic issues.


Public Meetings All Bargaining Sessions Must be “in the

Sunshine” – 447.605(2) Florida StatutesMust either take Minutes or Tape the Sessions.Why?

Defense to ULP of Bad Faith Bargaining;Use in Arbitrations/ULP for CBA language

clarity.

NEGOTIATION SESSIONS

Establish Ground RulesWho will speak at the table?

Responding to questions Making statements of position Engaging in arguments

Consider gag order for new members until a certain number of sessions have been conducted

Caucuses Length and times of meetings.


Formulating Proposals

Who Drafts the Proposals?Why does it matter?

Concept of “taking ground” Negotiate non-economic issues first! Impact of unclear language (Ex. Discourteous

and unprofessional conduct)Creating Issues to effectuate outcomeFraming the negotiations.


Bargaining Proposals and Information relating to bargain strategies is confidential and exempt from Chapter 119 - F.S. F.S. 447.605(3):

“All work products developed by the public employer in preparation for negotiations and during negotiations shall be confidential and exempt from the provisions of Chapter 119.07(1).”

Does not remove budget or fiscal information; Does not remove proposals made at bargaining table;Does not remove attorney bills for bargaining and negotiations;Does not remove what you send outside of the bargaining team. .

PUBIC RECORDS ISSUES

Advance CopiesBe Careful with e-mails to Union! Provide Union Representative:

Chance to evaluate proposals to make session more productive;

Chance for Union Rep to spin proposal to union team;

Opportunity to gauge position and develop counter proposals.


Packaging Proposals NEGOTIATION SESSIONS

Operational vs. Economic – Generally non-controversial issues first;Permissive Subjects and Waivers – generally packaged with economic proposals.What Articles should be revised, deleted or included?

Packaging Proposals NEGOTIATION SESSIONS

Reasons to exclude subjects? (i.e., Evaluations, Discipline, Promotions, Hiring Criteria).

REMEMBER: Law does not require Public Employer to Agree to anything except Union Dues and Grievance and Arbitration procedure.

HOW THE PROCESS WORKS

Parties meet and confer at reasonable times and places (not a set number)

Bargaining during working time – Union Leave Proposals are exchanged (not a set number)Tentative agreements reached subject to full and final agreement (TA’s can be dependent).

Ideal Outcome: Final contract reached and ratified by Union and County Commission.

SOME NEW ISSUES IN BARGAINING

Pension Reform;3% Retirement Case Decided – impact on wage increases;Furloughs and Layoffs;Wage Compression among classes (wage increases vs. fixing pay structure);Leave Buy Backs and Caps;Union Stewards;Bifurcation of Arbitrability issues.

SOME NEW ISSUES IN LAW ENFORCEMENT/FIRE BARGAININGTake Home Vehicles (Police)– use and cost issues (PERC held is a Mandatory Subject of Bargaining);“Me Too” Clauses with pay and benefits;Outside Employment issues;Physical Fitness and Wellness Programs;Educational Reimbursements;Certification or Senior Officer Pay;Grooming Issues (Ex. Tattoos).

FINANCIAL URGENCYConcept: Permits Public Employer to open existing CBA and make changes in the event of a Financial Urgency;

Distinguish Financial Emergency under F.S. 218.503.

Financial Urgency - F.S. 447.3095 Permits: CEO declares to Union. Parties required to meet and bargain over the impact of financial urgency.

If no agreement, impasse is deemed. Parties proceed to impasse over financial urgency articles – City Council Implements.

When All Else Fails …

Strategic and Practical Considerations

IMPASSE

Timing of declaration and budget Who declares and why?

Impasse process to resolution Special Magistrate Hearing.

Number of issues at impasseControversial nature of the issue(s).Executive sessions before impasse.

Insulated period issues after SM Recommendation!Council resolves impasse and imposes final position!

Impasse concerns between Council and Mayor/City Manager.

IMPASSE

Thank You!If you have any questions please do not

hesitate to email me at:[email protected]

human resources and labor relations summit florida league of cities

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