05-21-1992 Special MeetingMIAMI SHORES VILLAGE
SPECIAL COUNCIL MEETING
MAY 21, 1992
The Special Meeting of the Miami Shores Village Council
was held on May 21, 1992, at the Village Hall commencing at
7:05 p.m. with the following members present:
Mayor Johnson
Herb Spahn
Stephen Loffredo
Robert Cook
Also present: Gall Macdonald
William F. Fann
Absent: Henry T. Courtney
ITEM *1 FEDERATION OF PUBLIC EMPLOYEES UNION IMPASSE HEARING
a. Request for approval to amend FPE contract by
adopting language proposed by the Village to clarify
arbitrator's authority.
Ms. Macdonald Introduced the Item and reviewed the background.'
She stated that the Village has proposed language for the union
contract that would expressly prohibit an Arbitrator from
reducing or otherwise changing the disciplinary penalty Imposed
where proper cause has been proven. The proposed language Is as
follows:
"The Arbitrator shall not substitute his Judgement as
to the wisdom or degree of severity of the
disciplinary action Imposed by the employer on any
employee. The Arbitrator's inquiry and decision shall
be limited to whether the employer possessed evidence
of proper cause before imposing the discipline
ultimately Imposed."
She recommended placing the proposed language In the contract.
Mr. Leonard Carson presented the case for the Village. He
stated that a Special Master In her opinion stated that there is
a difference of opinion on this matter. He stated that the
proper function of an Arbitrator is to have a fair hearing and
that the arbitrator should not be the Manager of the Village as
to how strict Village discipline should be. Mr. Carson stated
that there are many contracts that do not contain the proposed
language; however, there are many that do. He stated that the
Village should not have an arbitrator second guess the level of
discipline for the Village. Mr. Hass Hatic presented the case
for the FPE. Mr. Hatic stated that the Issue Is for the
Arbitrator to determine If the offense occured. He stated that
the contract now allows for due process for employees and that
if the proposed language Is added, employees would not have an
opportunity to explain mitigating circumstances. He stated that
arbitrators are not acting as alter egos of the Village Manager
rather as neutral parties. Mr. Hatic stated that there have
been 3 or 4 grievances this year and none have gone to
arbitration. He stated that the effect of the new language will
be that employees will get off with no punishment and more cases
will go to arbitration.
Mr. Loffredo arrived at this time.
Mr. Hatic stated that the people In the union will lose faith In
the system and that the Union urges the Council to leave the
language alone. Mr. Carson asked the Council who should
determine the level of of punishment for an offense the Village
or an Arbitrator? Mr. Hatic stated that a person should be able
to raise the Issue of why an offense occured. Mr. Loffredo
stated that a valid affirmative defense negates the commission
of the primary offense. He also stated that maybe more
arbitrations would develop what Is acceptable behavior and
what's not. Mr. Carson stated that the proposed language was
changed to proper cause to allow for mitigation. He stated that
the language Imposes the burden on the employer to make sure
that the punishment fits the crime. Mr. Spahn outlined the
Village's disciplinary process and stated that everybody is
treated fairly. He stated that he was comfortable with the
proposed language. Mr. Cook stated that the Union should try to
eliminate unfairness so that everybody gets treated the same.
He stated that an outsider should not have any say whether the
punishment Is fair or not. Mayor Johnson stated that he does
not agree with the Union arguments. Mr. Loffredo stated that a
few more arbitrations would not be a bad thing. He said that
then everybody would know where they stand.
Mr. Cook moved to amend the FPE contract by adopting the
language that was proposed by the Village to clarify the
Arbitrators authority. Mr. Loffredo seconded the motion and the
vote was unanimous In favor.
ITEM *2 ADJOURNMENT
The meeting was adjourned at 7:54 p.m.
By:
Scott W. Davis
Village Clerk
Steven J.
Mayor