Impasse Hearing Postponed In Matter Of West Palm Beach Fire Union Contract

West Palm Beach FL

02 February, 2021

5:51 PM

Description

From City of West Palm Beach: February 2, 2021 The hearing before the Special Magistrate on the impasse between the City of West Palm Beach and the International Association of Fire Fighters (IAFF), previously scheduled for February 3-4, 2021, is being rescheduled for early March. This change in schedule is prompted by the Special Magistrate's recent decision that the hearing is open to the public. On February 1, 2021, the Special Magistrate determined the hearing would be closed to the public; later that evening, he changed his mind, finding that the hearing would be open to the public. The city's position has always been to defer to the Special Magistrate's position in the conduct of his hearings in accordance with the law. At no point has the city attempted to circumvent Sunshine laws. Once the new hearing date has been set, the city will provide notice of the new date and the appropriate meeting links on the city's website at wpb.org. The hearing is a procedural step anticipated to yield the Special Magistrate's recommendation on how to resolve the impasse with the IAFF. It is not an extension of negotiations or a presentation before a legislative body. West Palm Beach Mayor Keith A. James and the City of West Palm Beach remain greatly supportive of the West Palm Beach Fire Department (WPBFD) and the IAFF bargaining unit who bravely serve our city each and every day. The declaration of impasse between the city and IAFF occurred in September 2020 after multiple good faith negotiation meetings over at least six months. After it declared impasse, the city continued good faith negotiations in multiple meetings, and as recently as two weeks ago. The city has honored its contract with the IAFF, and at no time were members of WPBFD working without a contract. In fact, in Fiscal Year (FY) 2021 and during both a pandemic and a contract impasse, fire department employees received a 5% STEP pay increase, upon their anniversary date. Mayor and City Administration remain committed to ensuring WPBFD bargaining unit employees receive fair compensation, so long as the city can remain fiscally solvent and other city operational needs and essential services are not unduly impacted. BACKGROUND: The city had aimed to have a successor collective bargaining agreement (CBA) in place upon its expiration in September 2020. While progress had been made on many non-financial terms of the CBA, the city and union could not agree on the compensation above and beyond the 5% STEP pay increases already provided for in the current budget. The city's best, good faith offer included compensation terms above and beyond the STEP pay increases. The city offered IAFF bargaining unit members a 5.25% market adjustment pay increase at the beginning of October for most of their members in addition to the 5% step pay increase upon their yearly anniversary date, for an overall pay increase of 10.25%. Two other unions representing city employees (SEIU and PMSA) agreed to receive 3% raises; other city employees did not receive any raises. The city's proposal was rejected by the IAFF. Negotiations were held amongst the backdrop of the city's loss of $10 million in revenue due, in large part, to COVID-19 impacts. City representatives sought renewal of the three-year contract with IAFF with a reopener on compensation in FY'22 and FY'23, which would allow the city to assess the evolving budget situation on a yearly basis if finances improve. In rejecting the City's proposals, IAFF initially proposed a 10% market adjustment pay raise (on top of the existing 5% step increase) —nearly double what was offered by the City. The proposal also included other items that would have significant costs for the city. IAFF proposed raising the percentages of current special incentives offered to firefighters, at a cost of approximately $686 thousand annually. Currently, these special pay incentives cost the city approximately $3.6 million per year. To meet the union's demands, the city would be forced to rebalance the budget through deep, across-the-board cuts to personnel and various services excluding public safety. Alternatively, the city could use limited available unassigned fund balance and/or emergency reserves, which is not considered a best financial practice and is not a financially viable way to fund ongoing salary increases. Currently, the FY'21 Fire Department budget of approximately $44.5 million represents approximately 23% of the city's total General Fund expenditures. The impasse process is governed by Florida Statute 447.403. Separately it is noted that the City continues to negotiate with the police bargaining units' new bargaining representative, the Fraternal Order of Police, and has made progress towards their new contract. This press release was produced by the City of West Palm Beach. The views expressed are the author's own.