Ruling on union’s lifeguard grievances could come in 10 days

INDIAN RIVER COUNTY – Members of the union representing the county’s lifeguards could find out within the next 10 days whether four part-time lifeguards will be scheduled all the hours the union believes they are entitled to as part of an agreement reached with the county last year.

The union and county representatives met Thursday morning to discuss two grievances the union filed – one regarding what they consider a “lay-off” of four part-time lifeguards due to the closing of two beaches, the other pertaining to a breach of a contract between the county and the union.  

“I think it went very well,” said part-time lifeguard David Yoresh after the hearing, explaining that he felt the county heard the lifeguards.

The biggest issue for him, however, is the lack of communication between the two sides, he said.

“We don’t get asked,” he said. “We don’t get consulted.”

Though the meeting ended on a seemingly positive note, it was marked with tension as the union’s business agent at one point tore up the proclamation regarding the agreement between the county and union.

The grievances stemmed from a memo sent to the lifeguards on Feb. 5 that stated their hours would be cut to zero, though they would be able to fill in where needed.

The union, Teamsters Local 769, argues that the memo breached the spirit of an agreement forged between the union and county last year that promised the county would not cut eight or 10 bargaining employee positions in exchange for the union forgoing 5 percent raises.

Teamsters business agent Steve Myers said after the hearing that he believes the county only scheduled hours for the part-time lifeguards in an effort to “save face” because the grievances were filed.

Myers said the union wants assurances from the county that the four part-time lifeguards will be “made whole” – meaning they receive the same number of hours as they had been receiving prior to Golden Sands and Wabasso beaches being closed.

If the county does not do so, Myers said the next option the union could explore would be taking the matter to arbitration.

Assistant County Administrator Michael Zito told the union during the hearing that it has been the county’s intent all along to find as many hours as possible for the affected lifeguards, noting that the memo even said the lifeguards would be able to fill in as needed.

The four lifeguards are currently scheduled to work between 8.5 hours and 35 in the next two weeks. Two weeks prior – from Feb. 12 to 25 – they were scheduled between 7 and 16.5 hours, according to works schedules provided by the county.

The lifeguards are being placed at the three remaining beaches and at the county’s various pools.

In March, the Gifford pool will open, providing more opportunities for hours, Zito said. The zero-depth pool at the North County Aquatic Center will also open soon, offering more hours, as well.

Human Resources Director Jim Sexton, acting as the grievance hearing officer, told the lifeguards and union that, in hindsight, the county should have reached out to them before issuing the memo to get buy-in at the start.

He explained that the county had been operating under a tight timeline because the county commission had approved the contract for the beach restoration project on Tuesday, Feb. 2, and on Wednesday, Feb. 3, the contractor informed the county the two beaches would have to close by the end of that week.

The county’s collective bargaining agreement with the union requires five days’ notice when hours are changed, prompting the memo.

Sexton is expected to file his ruling within 10 days in writing.

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