HomeMy WebLinkAbout2023-083-1973_-_AFSCME_Recognition_-_Adopted.docxRESOLUTION NO. 2023-083-1973
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RECOGNIZING AFSCME
FLORIDA COUNCIL 79 OF THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
(“AFSCME”) AS THE SOLE AND EXCLUSIVE BARGAINING
AGENT TO REPRESENT A GROUP OF GENERAL, NON-
MANAGEMENT EMPLOYEES IN THE PROPOSED UNIT
COMPRISING THE FOLLOWING JOB CLASSIFICATIONS AS
DESCRIBED IN THE RECOGNITION-ACKNOWLEDGEMENT
PETITION FILED WITH THE FLORIDA PUBLIC EMPLOYEES
RELATIONS COMMISSION (“PERC”) ATTACHED HERETO AND
MADE A PART HEREOF AS EXHIBIT “A”; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, upon a majority vote by or consent of the affected employees,
AFSCME initially filed a representation-certification petition comprising of 51 civilian or
general employees in the Police Department, with the Florida Public Employees Relations
Commission, Case No. RC-2022-026, and
WHEREAS, on September 27, 2022, Hearing Officer Gerald York issued an order
to show cause why the petition should be dismissed because the petition described a
proposed unit for representation in collective bargaining to be limited only to the general
employees of the Police Department and did not include other general employees not
represented by a labor union, and
WHEREAS, AFSCME withdrew its petition and the case was subsequently
closed, and
WHEREAS, upon a majority vote by or consent of the affected employees, on
December 2, 2022, AFSCME submitted a new representation-certification petition
comprising 126 general employees, covering other departments, including the 51 civilians
in the Police Department, Case No. RC-2022-038, and
WHEREAS, the City of Miami Gardens objected to a number of employees on the
basis of confidentiality, management duties, and representation by other Unions within
the same department, and
WHEREAS, AFSCME agreed with the City, thereby limiting the number of the
Proposed Unit to approximately 107 employees, which at times can be further reduced
by terminations, resignations, or job vacancies or can be increased by budgeted job
expansion or creation, and
WHEREAS, the City acknowledges that the Proposed Unit of a group of non-
management, general employees having largely administrative, office or professional
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Resolution No. 2023-083-1973
duties (often referred to as working in “white collar” positions) could be represented by a
labor union in much the same way that certain existing workers in the field (often referred
to as working in “blue collar” positions) have been represented by labor unions in the City
since 2012, and
WHEREAS, on February 23, 2023, AFSCME filed a recognition-
acknowledgement petition with PERC seeking to be certified as the exclusive bargaining
agent for a unit of City white-collar employees, Case No. RA-2023-003, and
WHEREAS, Hearing Officer Gerald York issued an Order directing the City of
Miami Gardens to recognize AFSCME as the exclusive bargaining agent for the Proposed
Unit by formal resolution by May 26, 2023, which date, at the request of the parties, was
extended to June 30, 2023 for the City of Miami Gardens to adopt such resolution by the
second meeting in June,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby recognizing AFSCME Florida Council 79 of the American Federation of State,
County and Municipal Employees, AFL-CIO (“AFSCME”) as the sole and exclusive agent
to represent a group of general, non-management employees in the Proposed Unit
comprising the following job classifications as described in the Recognition-
Acknowledgment Petition filed with the Florida Public Employees Relations Commission
(“PERC”) attached hereto and made a part hereof as Exhibit “A”.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JUNE 28, 2023.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
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Resolution No. 2023-083-1973
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilman Stephens
Seconded by: Councilwoman Julien
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Absent
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilwoman Stephens, III Yes
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