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HomeMy WebLinkAboutR2026-08 MOU with Firefighters, Paramedics of Palm Beach County, Local 2928 IAFFRESOLUTION 2026-08 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. TO AMEND ARTICLE 2, SECTION 1 OF THE COLLECTIVE BARGAINING AGREEMENT TO ALLOW PROMOTIONS TO THE RANK OF LIEUTENANT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. are parties to a Collective Bargaining Agreement ("CBA") ratified by the IAFF on August 29, 2024, and approved and ratified by the Village on September 12, 2024, through the adoption of Resolution No. 2024-81; and WHEREAS, the Village and the IAFF have agreed to a Memorandum of Understanding to amend Article 2, Section 1 of the CBA to allow promotions to the rank of Lieutenant from the existing promotional eligibility list prior to the entry of the Unit Clarification Petition filed with the Public Employees Relations Commission ("PERC") and provide a step up for a Captain promoted prior to the creation of the Lieutenant position; and WHEREAS, the Village Council determines that approval and ratification of the MOUs is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves and ratifies the Memorandum of Understanding with the IAFF, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the MOU on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. OPTED THIS 12TH DAY OF MARCH, 2026. r `sC ° MAYOR VILLAGE CLERK MEMORANDUM OF UNDERSTANDING THE VILLAGE OF NORTH PALM BEACH, a municipal organization, hereafter referred to as the "Village", and the PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC., hereafter referred to as the "Union", are parties to a Collective Bargaining Agreement that expires September 30, 2027, hereafter referred to as the "Agreement". 1. Grievance. The Union filed a grievance alleging that the Village failed to promote employees from the finalized Lieutenant eligibility list in violation of the July 28 and July 29, 2025, Memoranda of Understanding ("MOUs"). The Village Manager denied the Grievance. 2. Background. The Village and the Union previously entered into two Memoranda of Understanding, both relating to the creation and implementation of the Lieutenant rank and the sequencing of promotional examinations: a. MOU — implementation of Rescue Lieutenant, executed on or about July 28, 2025; and b. MOU — Promotional Testing of Rescue Lieutenant and Captain, executed on or about July 29, 2025 (collectively, the "Prior MOUs"). 3. The Collective Bargaining Agreement. Article 2, Section 1, of the Agreement provides that the Village and the Union will jointly file a Unit Clarification Petition with the Public Employees Relations Commission ("PERC") to include the rank of Lieutenant in the bargaining unit. Article 2, Section 1, further provides that all provisions in the Agreement related to the Lieutenant positions will take effect the first pay period following entry of a PERC Final Order granting the petition, after the creation and approval of the positions by Village Council. 4. Village Council Approved Creation of the Lieutenant Positions; Parties Filed Unit Clarification Petition. On September 25th, 2025, the Village Council approved the creation of three (3) Lieutenant positions as part of the Fiscal Year 2026 budget. On January 6, 2026, the parties jointly filed a Unit Clarification Petition with PERC. As of the date of this Memorandum of Understanding, that petition remains pending and PERC has not yet issued a Final Order. 5. Lieutenant Promotional Examination Has Been Completed. On December 17, 2025, the Village published the Lieutenant promotional eligibility list. 6. Agreement to Proceed as Follows. a. This Memorandum of Understanding amends Article 2, Section 1, of the Agreement solely to allow promotions to the rank of Lieutenant and the related contractual provisions to take effect prior to the entry of a PERC Final Order certifying the Lieutenant position within the bargaining unit. All other terms and conditions of the Agreement remain in full force and effect. b. Effective the first full pay period after the ratification of this MOU by the Village Council, the Village will promote employees to the rank of Lieutenant from the promotional eligibility list established on December 17, 2025, in accordance with Article 33 of the Agreement, including the Rule of Three selection process. c. The Village will continue the Captain promotional examination process through completion to create an eligibility list. d. Upon promotion to Lieutenant, such promoted employees will be compensated in accordance with Article 33, Section 11, of the Agreement. e. Effective the first full pay period after ratification by the Village Council, Captain Kevin Maloney will move from Captain Step 3 ($97,943.97 annually) to Captain Step 4 ($102,351.45 annually). IAFF Initials Villa Initials Page 1 of 2 f. The step-up provisions of Article 23 of the Agreement will apply to the rank of Lieutenant once at least three (3) employees have been promoted to that rank. 7. Effective Date. This MOU will take effect the first full pay period after ratification by the Village Council (the "Effective Date"). 8. Resolution of Pending Grievance. In entering this MOU, the parties have reached a compromise of disputed issues, and nothing contained in this MOU shall be construed to be an admission of fault, liability, or wrongdoing on the part of either party, and any such fault, liability, or wrongdoing is expressly denied by each party. This MOU fully and finally resolves all issues, disputes, claims, and grievances relating to the subject matter herein. By signing this Memorandum of Understanding, the Union hereby withdraws the grievance with prejudice and the parties agree that all provisions of the July 2025 MOUs have been satisfied and are no longer in effect. 9. Authority. The signatories hereby confirm they are duly authorized to execute the agreement and legally bind the party. PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. Angelo D'Ariano, Secretary/Treasurer THE VILLAGE OF NORTH PALM BEACH Charles Huff, Village Manages/ 2/26/202R Date /2/2‘. Date � IAFF Initials Village I tials Page 2 of 2