Miami Beach Police Collective Bargaining Agreement

The City eventually modified the two-tier systems throughout the city, resulting in collective agreements for the period from October 1, 1994 to September 30, 1997 for the tariff units covered by the FOP and iAFF 1347. In particular, three levels of pay were added to the Level B pay scale, so that after the transition through the additional grades, level B staff would eventually achieve the same level of pay as those at level A. The two-tier system was finally abolished effective October 1, 1997 under collective agreements with the FOP and IAFF for employees of these units. The applicants` rights are based on inequalities in the wages and benefits of Level B employees relative to the wages and benefits of A.M. Prieto and Mr. Olivera were hired as police officers by the city on June 28, 1993 and Ms. Wolfe was hired as a police officer on May 16, 1994. The applicants filed a complaint on 12 February 1997 for discrimination against the EEOC and the Florida Commission on Human Rights. Therefore, with one exception, the applicants` claims would be prescribed as obsolete, since they were invoked more than 300 days after their recruitment date.

The applicants argue, however, that their claims are covered by the persistent infringement exception, since the allegations of title VII infringement are permanent and ongoing. See the response to the request for summary judgments on 12 The applicants argue that they were discriminated against until March 31, 1998, when the consent decree was issued, and that they are therefore not excluded by a prescribed defence. See point 12. The implementation required that the city be priced with the unions that represent employees within the city. On the other hand, the city could implement the two-part system without negotiation for workers who are not represented for collective bargaining, i.e. for workers not classified in general and for certain other classifications under the classification. That is why, on September 16, 1992, the City adopted a two-stage wage plan, which provides for a 15% reduction in wages for all recruitments after October 1, 1992 in generally unclassified positions. The agreement with the FOP also provided for a two-coloured retirement plan for new recruitment.

The applicants assert that the City FOP collective agreement, which was implemented on June 10, 1993, six days after the introduction of the Approval Order, perpetuates unequal treatment among minority officers and has different effects on them by paying lower wages to workers hired after June 10, 1993. In particular, the complainants assert that because of the history of discrimination against the city and the negotiations related to the approval order, the city knew that its acting hires would be predominantly Hispanic and black. [5] In other words, according to the complainants, the city introduced its two-tiered compensation system, knowing that the majority of Level B police officers would be members of a Class protected by Title VII, and despite this knowledge and without good commercial reason, deliberately deprive level B public servants of equal employment opportunities.

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