Minutes 11-21-02Contractual Negotiation Meeting between IAFF Local 1891
and the City of Boynton Beach
Held on Thursday, November 21, 2002
at 10:00 a.m. in Conference Room B, City Hall,
Boynton Beach, Florida
Present:
For IAFF:
Hike Fitzpatrick Treasurer x6626
Barkley Garnsey Business Agent x6327
Randy .lute President x6340
Dean Kinser Vice President x6340
For the City:
Carol Cheek HR Coordinator x6278
Wilfred Hawkins Assistant City Manager x6012
Jim Ness Deputy Fire Chief x6333
Mary Munro Budget Coordinator x6314
Opening and Introduction
Mr. Hawkins convened the meeting at 10:15 a.m.
Hr. Hawkins stated that today's meeting would address each of the articles in
the contract with the status and outcome of each article, with further discussion
required on Articles 12 and 14. The City and Union positions are spelled out in
detail in the Summary mentioned below.
· :. Activity Summary revised on 11/19/02 by Chief Bingham
· :. Article 12, Group Insurance, including Union's submission
· :. Article 29, Vacancies and Promotions
CONTRACT ARTICLES & STATUS
Article 1, Recognition
No change.
Union did not contest.
Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
Article 2, Discrimination
Eliminate second sentence due to State and Federal language regarding
Discrimination.
Union did not contest.
Article 3, Payroll Deduction of Dues
No Change.
Union did not contest.
Article 4, Union Business
City & Union language acceptable.
Union did not contest.
Article 5, Representation of the Union
No change.
Union did not contest.
Article 6, Representation of the City Of Boynton Beach
No change.
Union did not contest.
Article 7, Rules and Regulations
Issue will be resolved administratively through labor-management team.
Union did not contest.
Article 8, Hours of Work
City's position - No change. Issue will be analyzed and possibly revisited at the
next round of negotiations.
Union: Agreed but will definitely want to revisit on the next round.
City: Mr. Hawkins explained that the City had no philosophical problem
with the Union's position - it was a matter of the money.
Union: Mr. Fitzpatrick asked how this would affect the contracts the City
has or might negotiate with other cities like Hypoluxo and Ocean Ridge. He
wanted to be sure that there was a provision in the contract that those cities
would pay appropriately if the City of Boynton Beach's firefighters' hours of work
or manning changed. Deputy Chief Ness stated that it would probably depend
on the Consumer Price Index and the level of service that Boynton Beach would
be providing to those cities. Mr. Hawkins felt that specific contracts would have
to be negotiated with the individual cities to figure out the additional personnel
that might be required.
Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
Article 9, Working Conditions
No change.
Union did not contest.
Article 10, Uniforms and Safety Equipment
Union added Class A and Class A+ uniform descriptions.
Union/City agreed.
Article 11, Physical Exam and Immunization
No change.
Union agreed - situation resolved.
Article 12, Group Insurance
The Union and the City decided to leave this to the end of today's meeting.
Article 13, Operator's Insurance
No change.
Union did not contest.
Article 14, Wages
Mr. Hawkins read the City and the Union positions from the Summary, which is
attached to the minutes.
Once the meeting participants were able to have a copy of the Wage Article
language prepared by Chief Bingham, this item was discussed. The Union was
interested in seeing the transition language for the wage adjustment in April of
2003.
The parties agreed to come back to this Article later in the meeting.
Mr. Hawkins said there was a percentage issue regarding market adjustment. :It
was important to make sure that every employee gets into the mid-level
average. Mr. Garnsey said they took the average when comparing other
departments. They tried to bring their department up to that average except for
the amount of time the other departments take to get to their maximum - an
average of 8.4 years, and this department is at :LO and 12 years. :In this respect,
this department is below the average even though the dollar amount is in the
average.
Mr. Hawkins referred to the paramedic pay issue also. The Union agreed there
was no change to the paramedics.
Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
The Union asked about the carryover of operational fire inspectors and Mr.
Hawkins pointed out that at the end of the Summary, there was a Letter of
Understanding on this topic. He stated that they would just put a new date on it
in accordance with the contract terms. The Union agreed.
Article 15, Overtime and Callback
Clean-up language only. "Basic" was replaced with "hourly rate" and
reflected in Article 14 Wages" was stricken out in sections i and 2.
Union agreed.
"As
Article 16, Exchange Time
No change.
Union did not contest.
Article :1.7, Sick Leave
No change.
Union did not contest.
Article 18, Compassionate Leave
Added foster-child, brother-in-law, sister-in-law, and spouses' grandparents.
Union agreed.
Article 19, Vacation
The Union proposed to eliminate the two-tier vacation schedule. Use first of two
tiers. Add provision for transition into vacation bidding process in sync with the
October-September vacation accrual dates.
The City proposed to develop a "blended," single-tier vacation schedule. Add
language to avoid problems associated with vacation bidding.
Outcome: A "blended" single-tier system is provided. Union and City language
is acceptable concerning bidding transition.
Mr. Garnsey stated that they would have to have language to look at before the
Union could give tentative agreement. Mr. Hawkins had a packet with the
updated language but the Union did not. Deputy Chief Ness ca#ed for copies of
the revised contract in the legislative format to be brought to the conference
room.
Article 20, Personal Time
No change.
Union did not contest.
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Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
Article 2:L, Holidays
No change.
Union agreed.
Article 22, Court Time
City: Change minimum from two to three hours, not to include travel time.
Provide provision for stand-by time. Both changes are consistent with current
provisions for PD.
Union: Agreed.
Article 23, Working out of Classification
City position: See Summary attachment
Eliminating some language, changing Lieutenants to 8%
Overtime issue:
City: "Any employee covered by this Agreement who is assigned the duties and
responsibilities of a range above his or her current classification, in the absence
of a direct supervisor, shall be compensated for holding that higher position at a
rate of pay equivalent to 5% for each rank worked out of class except when
working as Lieutenant, in which case the FF3 shall be compensated for holding
that higher position at a rate of pay equivalent to 8%.
Union: This does not address overtime.
City: The summary shows that when a FF3 on OT works as LT, the 5%
OOC pay should be based on the OT pay, not on their normal pay. All agreed
that this should read 8% and not 5% for a FF3 on overtime.
Union: In the past, they were not getting paid for overtime at the stepped
up classification but were paid overtime at their normal classification. This was a
problem.
Union: Tentatively agreed to language in summary - pending review of
legislative language.
Article 24, Education
No change.
The Union did not contest.
Article 25, Educational Incentive
No change.
The Union did not contest.
Article 26, Medical Certification
City: Leave paramedic incentive as is. Eliminate current transitional language
referring to EMT pay.
Union: Agreement depends on total contract
Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
Article 27, Licenses and Registration Fees
No change.
Union did not contest.
Article 28, Seniority List
No change.
Union did not contest.
Article 29, Vacancies and Promotions
City Position: See Summary attachment
Union: Provide language relating to
selection, "rule of three," and so forth.
City: Delete "Reference Material"
Department's Rules and Regulations
promotional exams (i.e. notices,
in Article 30 and place in Fire
Union: Did not want to remove from contract, believing that the Executive
Committee that reviewed the Rules and Regulations had advisory ability only and
could be overruled by the Chief. There had not been a problem with the current
Chief but the Union felt this was important. Also, they thought these items were
inconsistent with the normal content of the Rules and Regulations.
Outcome: Decided to place the Reference Material (details about how exams
are posted, etc.) in Addendum E, Career Ladder, with language in Section 2
stating that further changes would be by mutual agreement; also, Section 2
would say something like for posting rules, see Addendum E. Leave the contract
language "as is" for Article 29 and Article 30. The Chief and the Union will draft
some language on this issue. Final language pending.
Chief Bingharn delivered the updated version of the contract and a Letter of
Understanding about the Shift Fire Inspectors, Art/cie 38. After review and
discussion, the Union agreed. The Parties wi// sign it and include it as an
attachment to the contract.
Article 30, Longevity
City: New article with language that is consistent with longevity in current
Personnel Policy Manual.
Union: agreed
Article 31, Bulletin Boards
No change.
Union: Did not contest.
Article 32, Notification and Distribution
No change.
Union: Did not contest.
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Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
Article :33, Grievance Procedure
No change.
Union: Did not contest.
Article 34, Prevailing Rights
No change.
Union: Did not contest.
Article 35, Savings Clause
No change.
Union: Did not contest.
Article 36, Appendices, Amendments, and Additions
No change except the Table of Contents or Index needs to be revised.
Union: Agreed
Article 37, Successors
No change.
Union: Did not contest.
Article 38, Compensatory Time
No change.
Union: Did not contest.
Article 39, Management Rights
No change.
Union: Did not contest.
Article 40, Duration
The date will be updated to reflect a duration of three years from 2002 until
2005.
Union agreed.
Addenda
Addendum "A"
Addendum "B"
Addendum "C"
Addendum "D"
Post-Accident Drug and Alcohol Testing Procedure (referred
to in Article 12, Group Insurance)
Wages (Adjusting Starting Salaries) (referred to in Article 14,
Wages)
Wages (Year-to-Year Contract Changes (referred to in Article
14, Wages)
Tuition Reimbursement Program (referred to in Article 24
Education)
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Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
Addendum "E"
Attachment
Career Ladder (referred to in Article 29, Vacancies and
Promotions.) The procedure for promotions and vacancies
and relevant information will be added to this Addendum.
1) Letter of Understanding, for Two Firefighter Shift Inspectors
THE PAR~ES AGREED THAT THERE WOULD BE NO REOPENERS
CONTRACT.
IN THIS
Article 14, Wages
City: Mr. Hawkins read from the Summary.
Union: Concerned about transition language regarding April 2003
City: Mr. Hawkins read from the draft of Article 14
Union: Mr. Garnsey corrected the Shift Employees chart on page 22 for the
FF3 that showed an hourly minimum of $19.9513; the correct
figure is $15.9513. The other matrices were correct.
Union: The transition language, page 30, Section 5 was discussed. Under
A, second to last sentence, "...The requirement to complete specific annual
personal goals will be waived until April 1, 2003, at which time new goals will be
established for the subsequent year." Mr. Garnsey thought it should say,
...specific persona/goa/s wi//be waived. On Apr//1, 2003, new goals wi//be
estab#shed...The intent was to waive the goals because they were switching the
year and half of the people wouldn't have the right amount of time to do them.
There is a fairness factor. The people afterwards have to complete their goals in
their evaluation. The other factor is that you are going to have your evaluation
done and your raise processed already before this April ! time point so it is not
really tied to your evaluation. The current language might be read to indicate
that you must do it by that time (April 1, 2003.)
Outcome: The language on page 30 will be changed to have a period after
waived in the second to last sentence of (A). It will go on to say, On April 1,
2003, new goals will be established for the subsequent year.
Article 12, Group ]:nsurance
City See Summary
Union: Section I(A) will read as follows: The employee cost of all
insurance premiums for the City's principal medical insurance shall be borne by
the City and $50 dependent coverage. Section i(B) will read: If health insurance
costs rise by more than 10% for dependent coverage, the City agrees to bargain
the impact to the employees.
The Union indicated that in some municipal Fire Departments, the City
contributes 30% of dependent coverage; in others, a fixed amount towards it.
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Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
City: Understood position and desires of the Union and shared their
concerns but stated that the costs of health insurance had become crushing for
everyone, including cities. The City realizes the importance of this item and is
making a concerted effort to find solutions.
Union: Under the last contract, any salary gains achieved through
bargaining were more than offset by the big hits in the cost of health insurance.
They felt that they did not want to go backwards again.
City: Mr. Hawkins spoke of the City's ongoing in-depth analysis of its
insurance offerings. They were reluctant to lock themselves into contract
scenarios that might affect any new program or new insurance structure that
might come about. The City encourages the Fire Union to look for insurance
alternatives including coverage with their national Union.
The City offered to give an additional $25,000 in term life and accidental death
and dismemberment insurance to the bargaining unit employees in addition to
the $10,000 of coverage already given to the employees. Ms. Cheek will revise
the language to reflect this. The policy will be separate and different. This
change will replace the language in the Union submission about "City also agrees
to contribute for additional insurance...not to exceed $3,600 per year." on page
17, Section 2.
Union: Agreed to extra $25K of term insurance per employee in addition to
the $10,000 given to all employees.
City: Suggested leaving Section 1 intact and add this benefit to Section 2.
Union: Section 2B. If health insurance costs rise by more than 10% for
dependent coverage, the City agrees to bargain the impact to the employee. The
Union asked for an update on Blue Cross Blue Shield.
City: Ms. Cheek stated that HCA had already gotten contracts with North
Florida and West Florida HCAs, with South Florida pending. The Consultant
believed that this would be like two years ago when they finally got the contract
on the last day - the day before the contract expired. Mr. Hawkins indicated that
the premium increase this year had been 9%. Since the Union has a member on
the Insurance Committee, they will be kept updated on developments in this
area. The next meeting will be as soon as the Marsh Group, who do some of the
City's public liability insurance, finishes a survey with twelve other agencies as a
funding possibility - not to change the benefits. This would not be like self-
insurance but it would make a much larger group, which would have greater
bargaining power. It would save on administrative costs at least. Mr. Hawkins
said that they could also choose a new underwriter and look at new benefits and
structure a whole new package, if it seemed feasible at the time.
Union: Mr. Garnsey thought that the City had agreed to this language with
some of the other bargaining units in the City.
City: Ms. Cheek said that they had done so with one other bargaining
unit two years ago - she thought it was PBA and she thought the percentage
was 15%.
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Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
Ms. Cheek stated that since the City's experience of claims was less this year, the
increase was only 9% instead of the previous increases of 16% and 19%. One of
the things the City is doing and not passing along to the employee is the cost of
what is called "stop-loss insurance." ~[t is like re-insurance after a case of more
than $125K. Anything over that does not affect the City's experience rate. The
City is paying for this stop loss insurance and most companies that carry it pass
the cost of it on to their employee as an add-on to the premium. For the three
years that the City has had it, the City has borne the cost of over $250,000. That
has helped even out the City's experience. The two years before that was
because the City did not have the stop-loss insurance to keep a "lid" on the
premium costs.
Union: Mr. Barkley stated that they related this issue to wages because
losing a wage increase to insurance premium costs had happened to them
before. They compared themselves to other departments in terms of Wages and
Pompano Beach pays 50% of dependent coverage; Hollywood pays $650 a year
for dependent coverage; Palm Beach County pays $310 per month towards
dependent coverage; West Palm Beach pays $208 per month for family
coverage.
City: Mr. Hawkins realized the Union's position but stated that the City
was going to have a $1M plus hit to cover the Union's wage package. That
money has to come from somewhere. Even if those other cities have stop-loss
coverage, they are larger than Boynton Beach and have bigger tax bases. He
stated that there was only so much the City could afford at this time.
Union: They understood that but did not want to take a loss on any
realized gain achieved through bargaining. Under the last contract, their wage
increases were lost immediately through premium costs.
City: Mr. Hawkins realized that but reminded them that the City now had
a stop-loss policy that would tend to mitigate this.
Union: Mr. Fitzpatrick said that it would only kick in if it didn't work out like
the City said it would. Mr..lute hoped that the stop-loss policy would have that
effect and that it would continue to do so.
City: Mr. Hawkins stated that they were still vulnerable to claims and in
spite of the generally healthy condition of the firefighters, for insurance
purposes, they were "lumped in" with all of the employees of the City of Boynton
Beach. From an administrative standpoint, it was a collective issue. Finding its
own source of insurance would take the bargaining unit employees out of this
scenario.
Union: The Union is not ready to get its own source of insurance but
wanted to do the best it could for this contract over the next three years. They
were very concerned about the increase in premiums vs. their wage gains
through bargaining.
City: Mr. Hawkins indicated that the City had bargained "hard" with their
carrier, BC/BS, but that there were only about five big companies from which to
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Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
choose and this is why they were looking at the "pooling concept" with the other
companies.
Union: Mr. Garnsey did not think the current language had the flexibility to
allow them to seek alternative means of insurance.
City: Mr. Hawkins stated that they could write language into the contract
that allowed the Union to come to the table at any time during the contract with
an alternative insurance proposal.
Union: Mr. ]ute stated that the Union was attempting to get their own
"stop-loss" insurance in a manner of speaking.
City: Mr. Hawkins stated that the City's "back was against the wall" on
this issue rignt now.
THE UNION CAUCUSED FROM 12:15 P.M. TO 12:30 P.M. WHEN THE MEETING
WAS RECONVENED.
Union: The Union believes it should get some kind of dependent coverage
but in order to move along with the Contract, if they can add a clause that they
can come back with other alternative options that could be discussed - the
language would have to be polished up.
City: Mr. Hawkins agreed and suggested just adding a Section 3 to cover
this.
Union: They will just add a lB. They will work on the language and submit
it as soon as possible. They are working on this with other unions and they
hoped to come up with some solutions. Mr. Garnsey offered this wording: The
City agreed to re-open this section of the contract at the Union's discretion to
move toward a plan where the City makes a fixed contribution for insurance
coverage, to be administered by the Union.
City: Mr. Hawkins said, fine. He suggested that the Union work with
Carol Cheek on the language for this item. He also suggested working with
Deputy Chief Ness on Article 29 that will add the Posting Policies etc. to the
Career Ladder addendum. On Article 14, there was a wording change in the
transition language. The Shift Inspector Letter of Understanding will be added
as an attachment. The Union will review Article 19, Vacation, to make sure they
agree with it.
Union: Mr..lute said that the extra term insurance sounded good. When
the language was firmed up on this, the Union wanted to schedule a meeting to
make some Tentative Agreements the early part of next week. They hoped to
get the contract on the City Commission agenda for the December 17 meeting.
Next Meeting
The next meeting will be on Monday, November 25, at 11:30 a.m. in Conference
Room B. The City Clerk's office will put on their calendar
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Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
November 21, 2002
Since there was no further business to discuss, the meeting was duly adjourned
at 12:40 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(two tapes)
(112202)
CCi
Fire Chief Bill Bingham
Rosemarie Lamanna, Legal Department
Attachment:
Activity Summary, Revision of November 19, 2002
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