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Jill S. Schwartz & Associates, P.A. 180 N. Park Avenue, Suite 200 Winter Park, Florida 32789

Orange County Board of County Commission Impasse Hearing April 3, 2012. Charles E. Brookfield, Lodge # 86 Fraternal Order of Police 2010-2011 Union Contract Negotiations. Jill S. Schwartz & Associates, P.A. 180 N. Park Avenue, Suite 200 Winter Park, Florida 32789. THE OPERATION.

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Jill S. Schwartz & Associates, P.A. 180 N. Park Avenue, Suite 200 Winter Park, Florida 32789

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  1. Orange County Board of County Commission Impasse Hearing April 3, 2012 Charles E. Brookfield, Lodge # 86 Fraternal Order of Police 2010-2011 Union Contract Negotiations Jill S. Schwartz & Associates, P.A.180 N. Park Avenue, Suite 200Winter Park, Florida 32789

  2. THE OPERATION http://www.orangecountyfl.net/YourLocalGovernment/CountyDepartments/Corrections, March 17, 2012

  3. BARGAINING UNIT BACKGROUND • The FOP currently represents 928 certified bargaining unit employees within the Orange County, Florida, Corrections Department (“OCCD”), employed in the positions of Corrections Officer, Classification Officer, Correctional Corporal, and Correctional Sergeant. Total Workforce Composed Of 78% Minority Groups Source: Orange County Human Resource Division 2012 EEOC Report – Race/Gender for Correctional Sergeants, Corporals, Master Correctional Officers, and Correctional Officers

  4. CBA BACKGROUND • Since 1996 the FOP and Orange County, Florida (“County”) have been in a contractual relationship under Collective Bargaining Agreements (“CBA”). • The current three (3) year CBA expires September 30, 2012. • Because of economic conditions the FOP agreed to no wage increases for the first year of the current CBA.

  5. BACKGROUND OF CURRENT NEGOTIATIONS • For the Fiscal Year 2010 through 2011 the CBA provided that wages and up to three articles selected by each party could be reopened for negotiations. • After nine months of negotiations without agreement on any issue, the FOP declared impasse. • On September 14, 2011 a hearing was held before a special magistrate.

  6. THE SPECIAL MAGISTRATE’S RECOMMENDATIONS • On November 8, 2011 the Special Magistrate issued the following recommendations: • That the FOP is “justified” to receive an across the board “small increase” in wages of two percent (2%). • That the County continue its present practice regarding personal and term leave accrual.

  7. ISSUES REMAINING FOR RESOLUTION • Article 27.1 – Wage increase. • Article 25.1 - Leave Accrual Equality

  8. FOP’s RESPONSE TO COUNTY’s POSITION • As provided by Florida Statute 447.403 (4)(b) on February 2, 2012, Sergeant Lolli of the FOP submitted his e-mail to the Mayor and County Commission setting forth the FOP’s recommendations for settling the disputed impasse issues. • Accept 2% recommended across the board pay increase. • Increase paid leave.

  9. WAGES ARTICLE 27.1

  10. MAGISTRATE FINDS 2% INCREASE A FAIR COMPROMISE • Availability of funds show County’s financial condition not as “parlous” as presented at hearing. • CAFR for FY 2009-2010 shows among other things County’s Assets exceeded liabilities by millions of dollars. • “County’s financial condition is improving, rather than deteriorating.” • On March 7, 2012, the global credit agency Fitch Ratings assigned Orange County, Florida bonds its highest rating of AA+, stating, “Revenues have rebounded, with year-over-year growth each month since at least October 2010. Fiscal year 2011 revenues increased 7.6% above those of the prior year, and year-to-date fiscal 2012 growth has equaled 5.4%.

  11. 2% A “SMALL INCREASE” • Income comparison with other public employees shows Orange County falls below “market value” in significant areas. • “Small” increase of 2% is justified.

  12. CURRENT RATES PER PAY GRADE Corrections Officer, $15.87 to $25.01/hr. Class Officer , $17.51 to $27.20/hr. Corporal, $18.62 to $28.77/hr. Sergeant $20.58 to $31.79/hr.

  13. PAY GRADE COMPARISON IN ORANGE COUNTY Code Enforcement Officer $17.68 to $27.47/hour 10% Less Starting Pay Corrections Officer, $15.87 to $25.01/hr.

  14. HOURLY PAY RANGE COMPARISONS(Osceola, Seminole, and Orange Counties) Starting Hourly Rates Osceola $18.16 Seminole $16.14 Orange $15.87 2 to 14% Less Seminole 204 Certified Employees 1256 Prison Capacity Orange 928 Certified Employees 4105 Prison Capacity Osceola 320 Certified Employees 873 Prison Capacity

  15. MANAGEMENT PAY RANGE COMPARISON Captains $32.71 to $50.27/Hr. Minimum Rates Orange $32.71 Seminole $29.57 Osceola $26.87 Maximum Rates Orange $50.27 Osceola $42.60 Seminole $39.63 11% Higher 18% Higher

  16. COSTS • Based upon the Administrator’s calculations a 2% increase would cost one million dollars per year. • Would move bargaining unit member toward representative pay as the 3rd largest corrections facility in the State of Florida.

  17. LEAVE ARTICLE 25.1

  18. HISTORY • 2007 Department shifted line staff to 12 hour shifts, which was ratified by FOP members. • Beginning in 2008 the FOP grieved the County’s calculation of leave accrual. • The grievance was denied, however, the Arbitrator stated that the parties were “free to bargain over changes to the leave accrual in light of the concerns that the Union has expressed.” • This is not a third bite at the apple but a contractual negotiation to resolve an injustice that could not be obtained in arbitration.

  19. THE CBA ARTICLE 25 LEAVE 25.1 LEAVE During the term of this Agreement, bargaining unit employees shall be provided leave in accordance with applicable County policy, except as may be modified herein. Leave accrual and usage shall be based on the number of hours an employee is regularly scheduled to work, including any regular shift briefing time, not to exceed accrual and usage based on 86 hours in a pay period. For 12-hour shift employees, term leave may be utilized when the employee is absent from work for a minimum of thirty-six (36) consecutive work hours.

  20. CURRENT ACCRUAL RATESPER POLICY 301 301’s focus is on whole days of paid leave.

  21. CURRENT ACCRUAL RATES Ignored paid days off and focused on accrued hours.

  22. Comparison with Orange County’s Fire Department Dispatchers (12 hour shifts) Focus on days in conformity with 301 Accrual rate 8.3 hours per pay period. Exactly what the FOP is requesting.

  23. Paid Days Off Comparison 8 hours Per Shift Employees 12.2 hours Per Shift Employees 33.3% Less Paid Days Off 12 Paid Vacation Days 18 Paid Vacation Days

  24. LEAVE ACCRUAL INEQUITY • This is patently unfair and discriminatory. • To correct the inequality, the leave accrual formula proposed by the FOP, and which is utilized by the County for employees in the Fire Department working 12 hour shifts, should be implemented. • FOP proposed changing the leave accruals with 12-hour shift employees to match the number of paid days of leave stated in 301.

  25. Thank you for your time and consideration.

  26. Rebuttal

  27. WAGE COMPARITORS • The only commonality that Lake, Sumter, Polk, Brevard, and the DOC have with Orange is geographic location. • None of these alleged comparators are as metropolitan or as large as Orange County Corrections.

  28. COUNTY’S COMPARITORS 70% more Certified officers and 127% more capacity than the next largest corrections facility

  29. REASONABLE COMPARITOR A true comparison, but the FOP chose the adjacent Counties with similar metropolitan areas.

  30. FRS Savings • As of July 1, 2011 FRS instituted 3% net income loss for members. • County’s savings amounted to $23 million, none which was allocated to a wage increase. • House Bill 5005, if signed, will be effective July 1, 2012, reducing the Florida Retirement System contributions paid by employers, which results in an overall reduction of 30% in total contributions paid into Investment Plan member’s accounts.

  31. Work Days Unlike an eight hour shift, on a 12 hour shift there is virtually no time left for family interaction on a work day.

  32. Corrections Department Staffing Bargain Unit Members Members on 12 Hour Shifts 928 789 (Source: Personnel Report as of 3/10/12)

  33. COST FOR LEAVE INFLATED Administration utilized 953 certified personnel, 139 of which do not work a 12-hour schedule, inflating the cost claim $464,617.23. There is no cost increase because the cost of this benefit was already experienced by the shift relief factors utilized to staff posts that are required to be manned 24 hours a day 7 days a week.

  34. COMPARISON OF HOURS OF LEAVE 203.71 Hours of Paid Leave versus 528 Hours of Paid Leave Even if you Double 203.71 Hours of Paid Leave it is still 23% fewer Hours of Paid Leave

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