Minutes 07-12-01MEMORANDUM OF MEET'~NG
DATE:
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ATTENDEES:
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IAFF Local 1891
7/12/01
Meeting on reopener items in contract
Attending:
For IAFF
Matt Keeler Secretary x6606
Barkley Garnsey Business Agent x6327
Dean Kinser Vice President x6340
Randy Jute President x6340
For the City:
Wilfred Hawkins Asst. City Mgr. X6012
Mary Munro Budget Coordinator x6314
David Liu Deputy Fire Chief x6339
Carol Cheek HR Coordinator x6278
Meeting started at 9:00 a.m. Both the union and the City recorded the meeting.
Meeting ended at 9:50 a.m.
NOTE: First part of tape too indistinct to hear all details due to Iow battery power.
Health insurance - eliqible for reopeninq?
From last meeting, any correspondence regarding reopening for health insurance reasons was
to be located and reviewed.
Hawkins had copies of the following correspondence, also attached:
· Letter from Randy Jute to Chief Bingham (undated) for reopener as agreed and proposing
negotiations include dependent insurance and minimum firefighter salary.
· Letter from Chief Bingham to City Manager Bressner 10/31/2000 recommending impact
bargaining on insurance and the minimum firefighter wage issue.
· Letter from Arthur Lee to Randy Jute 10/06/2000 clarifying that the City would continue to
pay the full amount of individual coverage for whichever health plan the employee had
selected and that the employee would continue to pay any dependent coverage premium.
· Copy of e-mail from Chief Bingham to Arthur Lee requesting a letter from the City explaining
that single coverage will continue to be borne by the City.
· Letter from Rudin Haidermota (union attorney) 9-05-2000 requesting the City notify all
bargaining unit members that single coverage will continue to be paid by the City.
· Letter from Randy Jute to Chief Bingham 8/14/2000 demanding bargaining regarding health
insurance coverage.
Hawkins said in discussions with the City Manager and City Attorney, the request for 1% to
base and health insurance overall is not a topic for bargaining at this time. The union asked for
a letter confirming this decision.
Attached: Letter from Wilfred Hawkins to Randall Jute 7/11/01 stating that the City
Administration does not concur that the health insurance is an issue for this re-opening session.
Battery replaced - discussion continuing:
Vacation
City proposal: Pre-1993 employees will be 'grandfathered' and remain on the pre-1993
schedule.
Post 1993 employees will be subject to blended schedule which includes 5 shifts for first year.
This means an increase in vacation schedule to these employees.
Liu explained how this would work and gave examples. Jute questioned the interpretation.
Hawkins went over it again that pre-1993 would continue to progress through the 'old' schedule
(if employee is currently eligible to earn 10 shifts, they would still be eligible for the 10th day).
The pre-1993 plan would eventually phase out as employees left or retired.
Could be written into contract or as a separate letter of understanding that there is one plan, but
those pre-1993 would be listed by name as continuing to accrue on the pre-1993 schedule. The
City has addressed the concern about the pre-1993 people losing any vacation days.
Union will go over numbers again and reply at the next meeting.
Random Dru.q Testin.q
Hawkins reiterated that in the previous meeting, the union would not have any objection to post-
accident drug testing. Jute said they said they would consider that. Also the union had
challenged the City to talk to the City Manager about random testing for non-bargaining unit
employees (since bargaining would have to occur with the blue and white collar unions - police
unions already have random testing in their contracts).
Hawkins discussed this with the City Manager and he has no problem with requiring random
testing for all City employees. We can do this probably beginning with the new fiscal year -
October 1, 2001. And we will be willing to bdng it to the table for the blue and white collar
unions.
Jute says they can talk about enacting it for the IAFF after the City requires random tests for all
employees, including management. He doesn't feel it is fair to the IAFF union to require
something that management is not subject to now. If the City institutes random testing for
others, they would talk about it when bargaining starts for their new contract period (current
contract expires 9/30/2002. Bargaining would begin on this after the first of the year). This
addresses a random testing policy.
Post-accident.
Current IAFF contract endorses the City Drug-Free Workplace policy and agrees to cooperate
with the enforcement of the Policy. Liu referred to page 4 under General Procedures, A. Types
of Testing which include Job Applicants, Reasonable Suspicion, Fitness for Duty, Follow-up and
Post Accident or Injury. The wording under Post accident: "...and whose impairment appears
to be contributory,, ," lessens the impact of the policy since someone would have to be
noticeably impaired (which would then fall under the Reasonable Suspicion testing). For
example, it does not address anything about damage resulting from the accident. A better
policy would include some dollar amount (large/significant). Since the union already agrees to
abide by the policy, the City could tighten up the current policy and the IAFF would be covered
as well as the rest of City employees. The union says they would not be covered since it was
not in the policy at the time they signed their current contract. City administration thinks all
employees should be covered. Risk Management is updating the policy. Hawkins asked if the
union was comfortable if the post accident were more specific and we agree to the language, it
could go into the contract - we are trying to build on the current agreement.
The City gave the union some proposed language for consideration. If the union could go over
that language and perhaps tighten up the post-accident portion (example: fatality, serious injury,
$$ damage), that would be a way to continue the discussion.
The union will go over the wording and get back to the group. The City will postpone the
discussion for random testing until the contract negotiation sessions for the contract year
beginning 10/01/02.
Next meeting tentatively set for 10:00 a.m., Tuesday, August 14, 2001.
VACATION SCHEDULE COMPARISON
(BLENDED PROPOSAL)
Year
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
Shifts HRS
5 120
5 120
5 120
5 144
6 144
6 144
6 144
7 168
7 168
7 168
7 168
8 168
8 168
9 168
9 192
9 192
9 192
9 192
9 192
9 192
Po
I. Observable phenomena while at work. such as direct observation of drag use or of the physical
.symptoms or manifestations of being under the influence of a drug.
2. Abnormal conduct or erratic behavior while at work or a significant deterioration of work performance,
either or both of which are recognized symptoms of alcohol or drug abuse and which are not adeq.u~.tely
explained by the employee or are not related to the employee's working conditions.
3. A report of' drug use, provided by a reliable and credible source, which has been' independently
4. Evidence that an employee has tampered with a drug test during his employment with the current
employer.
5. Information that an employee has caused, or contributed to, an accident while at work.
6. Evidence that an employee has used, possesS, sold, solicited, or transl.'ed drugs, while working or
while on the City's premises or while operating a vehicle, machine~y, or equipment of the City.
Specimen means a tissue or product of the human body including blood, urine, saliva, hair, capable of
revealing the presence of alcohol and/or illegal drugs or their metabolites.
GENERAL PROCEDURES
tL Types of testing
In ada' to maintain a drag and alcohol fre~ work environment, the City will test for the presence of alcohol and
drugs in the following circumstances:
1. Job applicants: all job applicams who have been offered a position of employment are required to take a drag
2. _,R~__~a~_,nable. sus?i~o~... Ali..e?ployees who are ~ m'~ ~ ~ble ~i~m of ~g ~
~n ~~~),~~~a~~~l~
3. ~~.~ ~ ~1~ ~ ~ ~bj~ m a ~ ~ f~ ~ ~ ~~ ~
,~ m ~ ~ ~g ~ ~1 ~t ~ pm of~ ~ ~~
. -~ --~ ~ ao~ ~ ~ ~ ~
......... , ......... . . ~.~~i~a~
6. ~_~nnel.~ ~ ~mb~ f~ m f~t.t. ~ ~g ~ ~. ~ f~
n~v. Ms~/, ~m 4
Memorandum
From:
Date:
CC:
Re:
Randall Jute
President, IAFF Local 1891
Wilfred Hawkins~/
Assistant City Manlager
July 11, 2001
Kurt Bmssner, City Manager
James Chemf, City Attomey
David Liu, Deputy Fire Chief
Arthur Lee, Human Resources Director
IAFF Collective Bargaining Re-opener
The subject of health insurance is a questionable bargaining issue based
upon the discussion atthe last bargaining session on June 27, 2001. The City
Administration does not concur that health insurance is an issue for this
collective bargaining re-opener.
We look forward to continue positive and progressive bargaining on remaining
issues. We appreciate your cooperation. Thank you.
tsoynton Beach Fire Fighters and Paramedics
Local
International As~_oc_i_at_i.o_n. o~.Fi~ Fighters affilia_ ~t~__~ with AFL-CIO-CLC
William L. Bingham, Fire Chief
Boynton Beach Fire Rescue
I00 E. Boynton l~ach Blvd.
Boynton Beach, FI 33435
As you know, Article 19, Section I(B) provides for a reopener for negotiations regarding
Section I(A). Could you please contact me so we ~an picka date to commence negotiations.
In addition, I am proposinl~ that we continue negotiating regarding the Cily's decision to increase
employee conm3utions for dependent insurance uader Arfide 12 and matters pertaining to
problems with the minimum salary provided for in the. contraa.
We would hope that we can address all these issues at negotiations. I look forward to hearing
from yott
Sincerely,
Randy. I~
President, Local 1891
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BOYN'~uN BEACH FIRE RESCUE DEPARTMENT
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
Mr. Kurt Bressner, City Manager
Mr. Arthur Lee, Human Resoume Director
William L. Bingham, Fire Chief.~~..~ ~...~"..~~~. ~-~
I.A.F.F. Local 1891 Collective Bargaining Agreement Re-opener
Vacation, Article 19 Section 1 (A), per Section 1 (B)
October 31, 2000
As previously discussed, the topic contract article is subject to be re-opened
within years two of the agreement (October 1, 1999). Due to recent changes in
employee insurance benefits and costs, as well a wage issue that has surfaced
post-ratification, I recommend that the City commence impact bargaining to
discuss these issues as soon as reasonably possible.
On the City's behalf, I am ready to begin immediately and I am available to'
respond to any questions or concerns you may have regarding these issues.
Respectfully,
Mr. James Cherof, City Attorney
Deputy Chief James Ness
of
. Boynton Beach
100 E. Bo~nton B~ach Boui~ard
P.O. Box 310
Boy, ton Beach, Florida 33425~310
Human Raour~s: ($61) 742-6275
FAX: ($~1) 742-~274
October 6, 2000
Randall Jute
IAFF Local 1891
Boynton Beach Fire-Rescue Department
Re: Health Plan Payroll Deduction 2000-2001
Dear Randy:
I want to clarify'any confusion regarding dependent health (and dental) premiurfl
payments. Consistent with previous years, employees are required to pay the premium
for any covered dependents. In past years, when the premium increased, the employee
paid the increased dependent premium. Likewise, in years when the premium
decreased, the employee paid the reduced dependent premium. This policy and
practice continues in effect.
For active employees in the IAFF bargaining unit, for the plan year 2000-2001, the City
will pay the full amount of the individual coverage premium for whichever health plan the
employee has selected.
If you have other questions regarding this, please let me know.
Directo~, Human Resources
"An Equal Op/~vrtunity Employer"
Bingham, William
To: Lee, Arthur
Cc: Chemf, James
Subject: Insurance
Art,
I priovided you with a letter from I.A.F.F. Local 1891 President Randy Jute on August 16 conceming the impact of
anticipated insurance rate increases. This was followed up with a letter from the Union's Attorney Rudin Haidermota (date(
September 5, 2000) requesting a letter from the city to union members explaining that single coverage will continue to be
borne by the city. To date, I have had no response from your office and would like to meet with you and Mr. Chefof as soor
as possible to discuss this issue.
Thank you,
Bill Bingham
· I~I'I)IEW I. k41ERZ~A. IR.
[UOIN E. HAIDERMOT^
F. KEITH DUBIN
SETH W. PACHTER'
CX CoumL~:
~w omcEs
MIERZWA & ASSOCIATES, P.A.
September 5, 2000
~Jao WOOC)LAKE eOULEv~D
SUITE
LAKE wO~rld. FLCXI~A 334&3-30,
FACSL~ILE: (S& I ) 9~)- 1231
VIA FACSI~m~. AND
REGULAR U.S. MAn.
William L. Binglmm, Fire Chief
Boynton Beach Fire Rescue
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Chief Bingham:
Boynton Beach Association of Fire Fighters
Health Insurance Negotiations
File No.: 121891.2000
As you know, this firm represents the Boynton Beach Association of Fire Fighters, Local 1891,
International Association of Fire Fighters.
The Union has asked me to respond on its behalf regarding the current health insurance issues
facing the City of Boynton Beach and directly affecting the bargaining unit members of Local
1891. It is my understanding that Randy Jute has already forwarded to your attention a demand
to bargain letter regarding this issue in which Local 1891 did not waive its position as to the
filing of an unfair labor practice charge or the filing of a grievance for the violation of the
contract as may be necessau7. Since that time, I have had an bpportunity to review the health
insurance 2000-2001 package disliibuted to bargaining unit employees in which new bi-weekly
premium deduction rates have been listed. In particular, this document slates that an employee
selecting the high-option PPO will be responsible for a premium deduction in the amount of
$11.70 on a bi-weekly basis for the upcoming 2000-2001 year for single coverage. __
As you are aware, Article 12 (Group Insurance), Section I (Medical Insurance) provides for the
following:
The employee cost for all insurance premiums for the City's'
principal medical insurance shall be borne by the City. Types of
coverage currently in effect shall :not be reduced ....
In light of the above contractual language, the ~ity is contractually obligated to continue to
provide single coverage of the high-option PPO to bargaining unit members at no cost.
!S!~_.. _a~_.~_ cO_ nfusion during this ooen enmll,~,~,,, .,,..:_., ,~.r, auu. ng umt employees
· - - ........ · w,,ou. Local 1891 requests that
the City immediately provide notice to all hargaining unit members that those employees who
have single coverage will continue to have the entire employee cost for insurance premiums paid
by the City and will not incur any premium deductions.
If you have any questions regarding Local 1891's position on health insurance, please contact
me at your earliest possible convenience.
REH:jg
I look forward to hearing from you.
Sincerely,
Rudin E. I'Iaidermota
C
Randy lute, President, Local 1891
Dean Kinser, Secretary, Local 1891
RANDY JUTE, UNION PRESIDENT LOCAL 1891
August 14, 2000
Chief BIngham:
IAFF local 1891 has received notice of the city of Boynton Beach's proposed changes
in our health insurance from human resources.
Without waiving our position to the filing of an unfair labor practice charge ar the tiling
of a grievance for violating the collective bargaining agreement, I~cal 1891 hereby
demands that bargaining commence immediately over these proposed changes in the
level of health insurance coverage and the cost of health insurance I~emiums paid by
employees for either single and / ar dependant coverage. We expect the city of
Boynton Beach to maintain the status quo pending negotiations.
Please contact me immediately so that we can an'ange a mutually convenient date,
time, and location far the commencement of collective bargaining.
Sincerely.
Randy Jute
IAFF local 1891 president.