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Minutes 09-04-03MINUTES OF THE NATIONAL CONFERENCE OF FIREMEN AND OILERS, BLUE COLLAR, AND THE CITY OF BOYNTON BEACH COLLECTIVE BARGAINING SESSION, HELD ON THURSDAY, SEPTEMBER 4, 2003 AT 1:00 P.M. IN CONFERENCE ROOM B, CITY HALL, BOYNTON BEACH, FLORIDA Present: For the City: Wilfred Hawkins, Assistant City Manager Arthur Lee, Director of Human Resources For NCF&O: Sharon Munley, President, Local 1227 Rick Smith, Union Steward Don Roberts, Union Steward John Wolcott, Union Steward Bob Kruper, Union Steward Richard Stone, Union Steward Opening and Introduction At approximately 1:20 p.m., the Union asked for a five-minute caucus. Mr. Hawkins called the meeting to order at 1:35 p.m. All parties present at the table introduced themselves. Mr. Lee asked Ms. Munley to provide him with a letter with the Blue Collar and White Collar Union Stewards and Representatives on the same page. Ms. Munley agreed to do so. Minutes of Auaust 21, 2003 Ms. Munley stated that a correction was in order on page 2, Article 7, replacing the words "assisting employees" with "collective bargaining." Hr. Kruper noted that his name had been spelled incorrectly in part of the minutes. Mr. Stone mentioned that on page 6 of these minutes, "cost of living adjustment" and "market adjustment" were presented as if they were the same thing and he believed they were not the same. Mr. Hawkins agreed and stated that they were not the same as far as how the numbers were derived but served the same purpose. Ms. Munley believed that it was not necessary to be concerned with this until the Union receives a Wage proposal from the City, which, she added, was crucial. The minutes were approved with the correction on page 2, the clarit~cation by Mr. Stone, and the notation about the spelling of Mr. Kruper's name. Status Summarv/HousekeeDinq Mr. Hawkins stated that he and Mr. Lee had just received copies of the City's proposal from the City Attorney on the morning of this meeting and had not gone through it yet. He stated that they would review it thoroughly and bring it to the Union on the following Tuesday. Meeting Minutes Blue Collar Collective Bargaining Session Boynton Beach, Florida September 4, 2003 Ms. Munley asked that the proposal be given to Rick Smith and Mike Taylor since she would be out of town on Tuesday. Mr. Hawkins will give two copies of the City's proposal to Rick Smith by Tuesday. Mr. Smith will handle the distribution of the proposal. Mr. Hawkins gave Ms. Munley a copy of the Firefighters' Union contract that she had previously requested. Mr. Lee brought up a point about Time Out slips and asked that each person submit them. Mr. Hawkins asked that each person get one prior to the meetings, bring them to the meetings, and not ask for them after the fact. $~mmarv of Activity at Previous Meetin. Mr. Lee distributed the Matrix with the status of all the Articles, what had been tentatively agreed to, and what was still open for discussion. Tentative Agreement has been reached on the following items: Recognition; Representation of the City; Bulletin Boards; .lury Duty; Pension; Substance Abuse; Probationary Period; Bonus Days The City asked that discussion on the following items be deferred: Grievance Procedure; Basic Work Week & Overtime; Sick Leave, Funeral Leave, Military Leave, Leave of Absence; Maintenance of Conditions; .lob Posting; Wages; Safety and Health; General Provision; Uniforms; Management Rights; Longevity Benefit On Bonus Time, which was previously T.A.'d, the City would like to discuss the possibility of changing bonus "days"to bonus "time." All other Articles are Open for Discussion. ~lnion Comments on Matrix Presented bv Mr. Lee Ms. Munley asked for and received verification that the Bonus Day issue was a title change only and not substantive. Union Representation Ms. Munley stated that in the matrix it should say the first paragraph of Section 5. The Union wants it moved from the second to the first paragraph of that section. Maintenance of Conditions Ms. Munley stated that the Union position should be "Status Quo" on this Article. 2 Meeting Minutes Blue Collar Collective Bargaining Session Boynton Beach, Florida September 4, 2003 OPEN DZSCUSSZON OF VARZOUS AR'rZCLE$ Birthdays - Ms. Munley commented that the current language states that birthdays, if taken, would be charged as vacation days. The Union would like a person's birthday to be a legitimate holiday and not require a person to take his or her birthday as a vacation day. Mr. Hawkins stated that the City was not inclined to accept this right now, and would have to analyze the potential economic impact of such a policy. He also expressed the thought that this would have to be considered as part of a total compensation package since it was a money issue. Holidays- Ms. Munley explained that some people do not get Holiday Pay because they have to work on Christmas on a Saturday, for example, and the City might observe the Holiday on Monday or Friday. The City would pay the Holiday Pay at time and one half for the Friday or Monday, but not for the actual Holiday Day that the employee was required to work, Christmas Day. This is something that affects an operation that has to run 24/7. Ms. Munley asked if the City had considered this. This is why the Union wants to say "...time and one half their wages if they are required to work on the Actual Holiday OR the day on which the Holiday is observed, but not both." Mr. Hawkins said the City would have to take a look at that. Mr. Lee stated that the City now pays time and a half to persons who actually work on a Holiday. Ms. Munley stated that a lifeguard who worked on Christmas on a Saturday when the City observed the Holiday on Thursday and Friday, did not get the extra pay. Mr. Stone indicated that this happened at the West Water Treatment Plant as well. People are missing Holiday Pay if they are off on the day the Holiday is observed by the City. Ms. Munley stated if the observed Holiday happened to be the day that an employee was working, they would receive their Holiday Pay. If they are off those days, they would not. What if the employee's off days are Monday and Tuesday and they happen to be present for all four days? They would not get both (Holiday Pay for working on observed actual holiday and on day the Holiday was observed), but the language would cover those instances where people worked on the actual Holiday but the City observed it on a different day. Ms. Munley stated that many studies had shown the importance of this issue. Mr. Hawkins said he could see where the Union was coming from and that the City would look into this. Safety and Health - Mr. Hawkins referred to amendments in the Union's initial proposal to the City. He said that the City had asked the ,Union to look at what was working in this area and different departments gave different scenarios. The procedure seems to be working in Utilities but not elsewhere. He thought that the City and the Union were on the same page as far as trying to find a procedure that works. He also wanted to simplify this entire article by adopting a set of standards. He stated that the City was considering just offering an annual shoe allowance. The criteria for safety shoes, the amount allowed, and the suitability of certain shoes for certain occupations, would have to be agreed upon. Mr. Kruper inquired whether the shoe allowance would be given out in a separate check. Mr. Hawkins stated that this is what he envisioned at the present time. Mr. Kruper asked if that Meeting Minutes Blue Collar Collective Bargaining Session Boynton Beach, Florida September 4, 2003 money would be taxed and the response was that it would be. Mr. Hawkins stated that once the specifications and amount is agreed to, it would be the City's responsibility to see that the employee gets the full amount. Mr. Stone commented that some people are only able to shop at Red Wing due to certain specific, physical footwear requirements and that a $100 allowance would not meet the need. Mr. Hawkins remarked that if a person could prove that he or she had a special reason to purchase more expensive footwear than allowed, this would be acceptable. Ms. Munley felt that a shoe allowance could work. Some people expressed a preference for a check that would come to the employee twice a year instead of once a year. Ms. Munley suggested that the shoe allowance could be for $150 and that this would allow an employee to purchase $50 shoes three times a year. Mr. Hawkins asked the Union to go back to the various groups and come back to the table with suggestions on appropriate safety shoes, and he will turn the information over to Chuck Magazine in Risk Management for review. Once the specifications are agreed upon, the City will check the marketplace and determine a reasonable amount for an allowance and try to come to an agreement with the Union on 1) the specifications for safety shoewear, 2) the amount of the allowance, and 3) the method by which the allowance would be disbursed to the employees. Ms. Munley indicated that the Union would discuss this item. Eye Protection - Mr. Hawkins stated that he agreed with eye protection, but thought that one could acquire UV protection for less than $100. Ms. Munley provided the results of a search on a Website that did not offer anything less than $125 for UV protection. Mr. Hawkins noted the Website address and stated that he would check it out. The Union feels that the lifeguards need stronger UV protection since their job puts them outside all day and they are in the business of saving lives. Mr. Hawkins asked the Union to provide the City with any other jobs in the City that might require enhanced UV protection eyewear. Union Time Pool - Mr. Hawkins asked the Union to consider activating the Union Time Pool provision in the existing contract. The Firefighters are now using this provision very successfully. He referred to Article 7, Union Representation, and Section 5, hours for Union business, arbitration, and preparation hearings, and wanted to get to a place where the City would give employees "X" time for "X" t.hjngs, and anything over and above that would be charged to the Union Time Pool, which the City would be happy to administer. The City also wants to simplify these Articles. Mr. Stone responded, as did others, that no one had been willing to donate to this Time Pool so far. Ms. Munley remarked that comp time could be put in the Pool as well. Mr. Hawkins said the City should allow time for labor negotiations, for example, but in his opinion, a lot of everyday business and special circumstances should be covered by a Time Pool. He asked that the Union think about this. Meeting Minutes Blue Collar Collective Bargaining Session Boynton Beach, Florida September 4, 2003 Mr. Stone asked what Mr. Hawkins meant by "special circumstances." Mr. Hawldns said that special circumstances might include arbitration, grievance hearings where Union representation is required and similar circumstances. Mr. Stone stated that these were already covered, unless the City wanted to change it. Mr. Hawkins said that he put it on the table because he thought the existing Articles were way too detailed, over-regulated, and in need of simplification. Ms. Munley stated that on the City's proposal to the Union on August 7, the time given the Union for conferences, and seminars was decreased from 30 days to l0 days. Ms. Munley stated that to her knowledge, the Union had never even used the 30 days although they might if there were more than one person who needed ten days. Ms. Munley took issue with the City proposal for reducing the number of stewards to 5, saying that with the number of grievances and number of departments involved, 5 would definitely not be enough. Mr. Hawkins stated that if the parties could agree to use the Union Time Pool, everything else could be discussed. Mr. Hawkins also said that the City was still willing to give the employees a reasonable and prudent amount of time for Union business. Ms. Munley asked if that meant "better than 40 hours," and Mr. Hawkins replied, "absolutely." However, he wanted to see bhe Time Pool work because he had a Model in the City that was working well that he believed could apply to this Union. Ms. Munley looked into the Firefighters' contract and stated that they were permitted (not required) to donate either vacation or comp time to the Union Time Pool. Ms. Munley asked Mr. Hawkins how many firefighters there were and how many hours they banked. Mr. Hawkins offered to find out. Ms. Munley's experience in the blue and white-collar world was that when employees are given an opportunity to donate, it does not happen. Mr. Hawkins stated that the City was asking the Union to try to find a way to activate its Time Pool and meet the City halfway on the time issue. At the moment, the City is doing all of the giving. Mr. Stone asked if the Union Time Pool would also be pertinent to collective bargaining, grievances, consultations with management, and so forth, or just special circumstances like seminars and things like that. Mr. Hawkins said that he was open to a discussion of which circumstances would be paid by the City and which the City would expect to be covered by the Pool. Ms. Munley stated that the Union would discuss this. She asked how many of the 200 hours allowed annually was used so far this year and Mr. Lee stated that Human Resources should have that information. At 2:28 p.m., the Union asked for a 30-minute caucus to discuss some items. At 2:56 p.m., the meeting was reconvened. The issues of progress and the need to find cooperative ground were discussed. 5 Meeting Minutes Blue Collar Collective Bargaining Session Boynton Beach, Florida September 4, 2003 $~mmarv of f4eet!n, and Plans for Next Session Mr. Hawkins asked the Recording Secretary whether it would be possible to see that the minutes were delivered to the participants at least two days before the following' session, and she replied that it would usually be possible. All parties agreed that this was an important consideration. Afcer discussion, it was agreed that the minutes would be E-mailed to Ms. Munley, and the Clerk's Office would telephone Rick Smith when the minutes were ready, and he would pick up and distribute them to the appropriate parties. Union Reauests Ms. Munley stated that the Union was leaning towards an annual footwear allotment but they think they want it twice a year. They also want to retain the ability to have a third pair if necessary and someone can prove that they need it. This provision exists now. Mr. Hawkins asked that some parameters be set for what would constitute proof. Ms. Munley agreed, saying that the steel toe boot was a problem in the Sanitation Department. Mr. Hawkins stated that he was leaving that up to the Union to come up with an alternative. Mr. Lee noted that Mr. Magazine had come up with specifications for safety footwear. Mr. Hawkins stated that they would bring Mr. Magazine to the table and the issue could be worked out. Ms. Munley stated that the Union needed the Strikes and Underlines as soon as possible. What they want to do at the next meeting is take the information the City has already given them and see how much of it they could get out of the way. They would also like to have a Wage proposal because the Union has given the City one and because the Union would like to see the City's proposal and start thinking about it now. Mr. Hawkins said that it should be possible to handle everything else but that the City had to spend some more time on the Wage proposal, get some projections from Finance, and take a look at the overall budget, which is in the process of being finalized. Next Meetinq Date Ms. Munley stated that she would not be able to attend the afternoon blue-collar negotiating session previously arranged for Thursday, September 11, and suggested that it be held on Friday morning at 10:30 a.m. The City agreed with the day and time and Mr. Hawkins stated that the meeting would have to be over bye12:00 noon due to other commitments. Since there was no further business, the collective bargaining session concluded at 3:15 p.m. 6 Meeting Minutes Blue Collar Collective Bargaining Session Boynton Beach, Florida September 4, 2003 Respectfully submitted, Susan Collins Recording Secretary (9/5/03) 7