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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. 4 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. 6 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) 7 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. 8 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%. 9 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 l0 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 11 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 12