R00-182 RESOLUTION R OO-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
ClTY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION (PBA) AND THE Cl-I-Y OF BOYNTON
BEACH, FLORIDA, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY MANAGER TO
EXECUTE SAID MEMORANDUM OF UNDERSTANDING;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, although the current collective bargaining agreement
between the City of Boynton Beach and the PBA runs until September 30, 2001,
the PBA had requested that the agreement be reopened to discuss wages and
scheduling, and City management concurred; and
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
Benevolent Association have successfully concluded their negotiations, and have
reduced them to writing in a Memorandum of Understanding; and
WHEREAS, the Memorandum of Understanding was ratified by the
Bargaining Unit of the Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to
be in the best interests of the residents and citizens of the City to ratify the
Memorandum of Understanding; and
NOWf THEREFORE, BE IT RESOLVED BY THE CITY COMMTSS:ZON
OF THE CTTY OF BOYNTON BEACH, FLORZDAf THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby ratify the Memorandum of Understanding between the City of
Boynton Beach and the Palm Beach County Police Benevolent Association,
authorizing and directing the Mayor and City Manager to execute the
Memorandum of Understanding, a copy of said Memorandum being attached
hereto as Exhibit "A".
Section 2. This
passage.
A-I-rEST:
Resolution will become effective immediately upon
PASSED AND ADOPTED this /'~' day of December, 2000.
Commissioner
Commissioner
Commissioner
MEMORANDUM OF UNDERSTANDING
The CITY OF BOYNTON BEACH, FLORIDA and the PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION (the parties) agree as follows:
The City and PBA agree that the existing language of Article 12, Section 1
(Wages) of the current Collective Bargaining Agreement shall be changed to
delete any reference to pay for performance as a method of compensation during
the remainder of the term of said agreement, and that all members of the
bargaining unit shall receive a base wage increase of 4% effective October 1,
2000.
The City further agrees to compensate all members of the bargaining unit
assigned to an 11.5 or 12 hour shift schedule "assignment" pay of 8.5% applied
to a member's base rate of pay for the duration of this agreement.
The City and PBA agree to amend Article 11, Section 1 (Hours of Work) of the
Collective Bargaining Agreement. The following language supercedes and
replaces the language found in Article 11, Section 1:
A work day is defined as either eight (8) hours per day, ten (10) hours per day,
11.5 hours per day or 12 hours per day. A work period is defined as either five
eight hour days in one week, four ten hour days in one week, or rotating 11.5 or
twelve hour shifts within a twenty eight day period not exceeding 170 hours.
During the remainder of the term of this agreement, it is agreed upon by the City
and PBA that the agency may use an "eleven and a half (11 1/~) or twelve (12)
hour work schedule for ail bargaining unit members working road patrol only.
Pursuant to Article 9, Section 10, it is a Management Right to establish and
change the starting and quitting times and the number of hours and shifts to be
worked. Departmental wide shift schedules shall not be changed without the City
providing (30) days advance notice to the Union of the change. Individual shift
schedule changes shall be as set forth in Article 14, Section 8 of this Agreement.
During the period any 11.5 or 12 hour shift schedule is in use, the parties agree
to suspend the forty (40) hour work week as defined in this agreement (except for
any member being placed on a Relief or Hardship schedule) for members of the
bargaining unit assigned to an 11.5 or 12 hour shift schedule.
3. i
The City and PBA agree to amend Article 14 (Work Week-Overtime
Compensation), Section 1 ofthe Collective Bargaining Agreement. The following
language supercedes and replaces the language found in Article 14, Section 1:
The normal work cycle shall be seven days for members assigned to work an 8
or 10 hour shift. For those members working an 11.5 or 12 hour shift, the normal
8.!
work cycle will be 28 days. Bargaining unit members not working an 11.5 or 12
hours shift schedule shall be paid overtime for all hours worked in excess of forty
(40) hours .in each seven (7) day work cycle. Any bargaining unit member who
fails to physically work forty (40) hours in the seven (7) day cycle will not be paid
time and a half (1 1/2 ) for the actual number of hours under forty (40) hours. This
applies to sick time only. Vacation, comp and personal time are all exempt from
this requirement for the purposes of calculating overtime.
The normal work cycle for all bargaining unit members working on an 11.5 or 12
hour shift shall be twenty-eight (28) days consistent with the 7-K exemption
contained within the Fair Labor Standards Act (FLSA). Any bargaining unit
member who fails to work the required number of hours in the twenty-eight (28)
day cycle will not be paid time and a half (1 1/2 ) for the actual hours worked under
the statutory minimum. This applies to sick time only. Vacation, comp and
personal time are all exempt from this requirement for the purposes of calculating
overtime.
Sick Leave, Vacation or Annual Leave: During the term of this agreement, the
parties agree that all leave benefits shall be granted on a per hour, as used basis
(in 8 hour increments) based upon the scheduled work day or work week of the
affected employee under the 11.5 or 12 hour shift schedule.
Disciplinary Action: During the term of this agreement, the parties agree that for
the purposes of disciplinary action, a "day" is defined as eight (8) hours. When
an employee covered by this agreement and working an 11.5 or 12 hour shift,
and is subject to suspension, the suspension will be defined in hours.
HolidayS: During the term of this agreement, the parties agree that all holiday
benefits shall be returned based on the employee's work schedule.
The City and PBA agree to amend Article 17 (Group Insurance) to reflect the
following changes. Initially, the City agrees to return to the "2 Option Plan"
effective October 1, 2001. Secondly, all bargaining unit members currently
enrolled in the PPO Plan now paying the increased monthly premium of $110.00
shall receive a 1% lump sum payment based on their base rate of pay to cover
the difference.
This Memorandum of Understanding shall become effective as of the date it is
ratified by the City Commission.
Maintenance of Conditions: The terms and conditions of the Collective
Bargaining Agreement for the period of time from the date this Memorandum Of
Understanding becomes effective until September 30, 2001 are binding and the
benefits of any member of the bargaining unit who does not work an 11.5 or 12
hour shift schedule shall remain status quo.
10. This Memorandum of Understanding shall be effective for the remainder of the
term of the Collective Bargaining Agreement.
The parties represent that they have full legal authority to enter into this
agreement.
All other terms of the Collective Bargaining Agreement for the period from
OCtober 1, 1998, through September 30, 2001, are binding except ~,here expressly
modified herein or hereinafter modified by the parties.
Dated this ~io ~ day of ~.,~.~ ,2000.
ATTEST: .~.0 ...o~.,~oo~¥%. ~o(~I~TY ~ BOYNTON B~CH,
C~t~Clerk' ~ ~, x..::;~ /fi~ Bress~er, Ci~ Manager
~.% 7-...;;;......' ~ ~-
/// ~,
Dated this ~¢ day of ~~ ,2000.
FLORIDA
Approved as to Form:
James A. Cherof, City Attdrney
ATTEST:
Alan M. Aronson, PBA Attorney
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION
E~nest W. George, I~residel~/