Minutes 09-12-03 MINUTES OF THE COLLECTIVE BARGAINING SESSION
BETWEEN THE NA'I'~ONAL CONFERENCE OF F]'REHEN & O?LERS
BLUE COLLAR WORKERS AND THE cI'rY OF BOYNTON BEACH,
HELD ON FI~DAY, SEPTEMBER 12, 2003 AT 10:30 A.M. ]~N CONFERENCE ROOM B,
CI'TY HALL, BOYNTON BEACH, FLOI~DA
Present
For NCF&O:
Sharon Munley, President, Local 1227
Bob Kruper, Steward, Public Works
Michael Osborn, .lr., Steward, Public Water Treatment
Don Roberts, Steward, Parks
Richard Smith, Steward, ~A,,~.-r~,~ .--
.................. Ubht~es
Brian Stanley, Steward, Recreation & Parks
Richard Stone, Steward, Utilities
Hichael Taylor, Steward, Utilities
John Wolcott, Steward, Sewage Collection
For the City:
Wilfred Hawkins, Assistant City Manager
Arthur Lee, Director of Human Resources
Mr. Hawkins began the union negotiations at 10:55 a.m. A sign-in sheet was circulated.
Everyone reviewed the minutes of the last meeting. There were no corrections.
The City's proposal of September 9, 2003 was reviewed. Mr. Hawkins explained that the City's
position is that they want a brand new contract. This proposal is a starting point for discussion.
In no way is it a final proposal. He said that the format may be different in the new contract.
The City is not ready to talk about wages yet. They are still reviewing the total budget impact
and next year's revenues.
Ns. Munley asked what is in the budget for wage increases. Mr. Hawkins did not know. He
said, however, that if the union wants to accept whatever the City has budgeted, it might be
easier.
The following proposals from the City were discussed:
UNION REPRESENTATION
In Section 1, the City agreed to four stewards with no more than two from any department and
one chief steward from among the four. Mr. Hawkins said that the City feels there are too
many stewards now. They believe four is a manageable number.
Ms. Munley said that she wanted to continue being the signatory.
The next major change is in Section 5 - hours for representing activities of union. Mr. Hawkins
said that the numbers could be discussed more. The City wants the union to consider a time
pool.
Meeting Minutes
Blue Collar Union Negotiations
Bovnton Beach, Florida
September :~2, 20Q~
Ms. Munley submitted a Public Records request concerning what hours were used by the Blue
Collar stewards in the last 12 months.
There was discussion regarding Section 2. Ms. Munley asked whether there was a reason for
the wording "non-employee officials" coming on the property. Mr. Hawkins explained that is
was to distinguish between employees and non-employees and to set guidelines.
Ms. Munley asked whether the language in Section 2, the 4th line down means that during non-
work hours a supervisor could make them leave. Mr. Hawkins felt it should probably be at a
director or assistant director level. Prior arrangements should be made for non-employees
coming on property.
Mr. Hawkins said that in Section 4, there was a typo. This section should have referenced
Section 3, not Section 4.
Ms. Munley felt that employees should be able to talk about the union just as they would have
any conversation. Mr. Hawkins agreed. Ns. Munley said she must look at the time used to see
whether there is a problem.
Union 'Dme Pool
Mr. Hawkins explained that this is a separate article.
Mr. Stone asked whether this would be mandatory. Mr. Hawkins said it would. Mr. Stone said
the Union would never agree to this.
The Union asked for a time out at 11:23 a.m. The negotiations resumed at 11:30 a.m.
Grievance and Arbitration Procedures
Ms. Munley asked what the City's thinking was regarding Section 1. Mr. Hawkins said that the
PPM outlines disciplinary procedures. It is progressive discipline. The White Collar has this
referenced in their contract and the City would like the Blue Collar to adopt it also.
Ms. Munley asked whether it ends at arbitration and Mr. Lee answered that it does.
Ms. Munley
g ri eva nces."
whether the
had a problem with the wording "Challenges of disciplinary actions are not
She said that will never happen. There needs to be a fair way to determine
punishment meets the "crime."
Mr. Hawkins asked whether the Union wanted to be able to grieve anything. Ms. Munley said
anything that is in the file should be able to be grieved but not a verbal.
Mr. Lee said that the issue that we have always had is grievance versus discipline and what
constitutes a grievance. They are two separate things.
2
Meeting Minutes
Blue Collar Union Negotiations
Bovnton Beach, Florida
SepLerdber 12, 2003
Ms. Munley said they are not two separate things. A grievance means appeal. She said that
the PPM could change at a whim. The Union could not agree to have that in the contract.
Basic Work Week and Overtime.
Mr. Hawkins explained that the City wants the Public Works Director and the Utilities
Department to be present for this article. The City wants to postpone this until then.
Work Breaks
Mr. Hawkins said this article gives a one-hour unpaid lunch break inclusive of travel if any and
two :~5-minute breaks. Breaks cannot be combined with the lunch break. The previous
contract had extra time for travel.
There was discussion regarding people who work 8-hour shifts and 10-hour shifts. Ms. Munley
felt that it was better the way it currently is. Mr. Hawkins said he would need to find out the
way it is.
Time Records
No changes.
Workinq Out of Class
Various Union representatives said that there were cases where a supervisor worked an
employee out of class for 19 days and then would stop it before the 20t~ day, thus saving them
from paying the employee the additional 5%.
Mr. Lee explained that the City's reason for the 20 days was because of employees being on
vacation or sick leave. :It was felt that City employees should be willing to step up to take on
additional duties for a limited period of time.
After some discussion, Mr. Hawkins said that 20 days may be too long and they would work on
this.
Pay for Training
Same.
Compensatory Time
Mr. Hawkins said that in the Union's proposal, they used the word "paid" rather than "used."
They also suggested that it may be used within one year rather than 30 days. Mr. Hawkins said
they use the compensatory time and are paid for it. If they do not use it within 30 days, they
are paid for it.
Ms. Munley said that the last paragraph should be included to give the employee a choice.
Transfers
Mr. Lee explained that a transfer is when an employee has a lateral transfer. In the previous
contract, it mentioned an employee being transferred to a lower level. This is actually a
demotion.
3
Meeting Minutes
Blue Collar Union Negotiations
Bovnton Beach, Florida
September 12, 200~r
It was the consensus that demotions should be addressed separately.
Sick Leave
Mr. Hawkins said that the City had no major changes. The Union added "or his designee in a
manner provided by management" after "notify his/her immediate supervisor."
Ms. Munley said that there should be a policy and Mr. Hawkins agreed that there should be an
internal procedure. He had no problem accepting the Union's language.
Regarding sick leave payout, the Union proposes deleting the restriction of "extraordinary
circumstances." They propose that an employee can cash out their sick leave if they maintain
120 hours on the books. The Union also is proposing the removal of the 2-tiered system of sick
pay.
Hr. Hawkins explained that they need to talk about this as part of benefits. The City will
probably offer a blended scenario as a way to end the 2-tiered system.
Ms. Munley made a Public Records request for a list of employees, by seniority, and who are on
each system, what they are accruing and what they have in the bank.
Mr. Hawkins said the City will review removing the restriction but there is a problem with a
100% payout.
Sick Leave Donations
Close to the same.
Restricted Sick Leave
Ms. Munley thought there should be language that talks about a pattern. Mr. Hawkins said that
the only time this kicks in is when there is abuse and a pattern. The other one is when
someone goes down to 0 hours and never has sick leave.
Ms. Munley felt that the Union needs an opportunity to challenge what a director can do. Mr.
Hawkins understood that the Union's problem was with the "sole discretion of the Director."
Workers Compensation
Made this a separate section. Mr. Hawkins said that references to specific procedure should not
be in the contract. They are in the State Statute.
Ms. Munley said that some language regarding "light duty" should be in there. Mr. Hawkins
said that there is a separate section for this.
Hr. Hawkins explained that the City tried to delineate light duty regarding an injury on the job
and an injury off the job. :If injured off the job, the City has no obligation to offer light duty.
4
Meeting Minutes
Blue Collar Union Negotiations
Bovnton Be~ch, FIQrid~
September 12, 200:~
Funeral Leave
Regarding the Union's proposal on adding "domestic partner," Mr. Hawkins said that would
need to be a policy decision by the Commission.
Military Leave
Mr. Hawkins said that the Union added another paragraph regarding the City paying the
difference. He said that the City currently does this through the PPM. Ms. Munley requested a
copy of this.
Leave of Absence
Mr. Lee explained that, in the past, this was deferred to the City Manager for his decision on
things other than sickness or disability. We may want to define what would fit into this
category.
Jury Duty
Basically the same.
Maintenance of Conditions
Ms. Munley said the Union wants to have their language.
Seniority & Layoff & Recall
Mr. Hawkins said that the Union wanted to change the language from one year to six months
that someone who was laid off could reapply. Mr. Lee said that the other issue that the Union
had was they wanted to be able to bump anyone else with less seniority in the City with the
same classification. Currently, it is only within the department.
Vacancies
Mr. Hawkins said that this was made into a separate section.
the pPIVl regarding this.
Ms. Munley requested a copy of
Holidays
Mr. Hawkins said that the Union had requested another holiday. That would require approval
by the City Commission. The portion dealing with sanitation workers will have to wait until Jeff
Livergood is present.
Vacations
The Union was trying to eliminate the 2-tiered
recommendations.
system.
The City will come back with
Ms. Munley made a Public Record request for a list of employees, by seniority, and who are on
each system, what they are accruing and what they have in the bank.
Waqes
This will be discussed at a later time.
5
Meeting Minutes
Blue Collar Union Negotiations
Bovnton Beach, FIQrid~
September 12, 200:
Mr. Hawkins said that the Union wanted this to go up to $1,000. The Union wanted to know if
this would be part of the paycheck or would it be a bonus. Mr. Hawkins said that this would
need to be decided.
Safety and Health
Ms. Munley asked about the two overalls per year for mechanics. It was agreed that this
should say "in addition." Ms. Munley also said that there is no mention of sunglasses for the
beach patrol. Mr. Lee said that was under the Safety and Health section.
Mr. Hawkins explained that based on OSHA requirements and the type of position, management
will determine the type of shoe. He explained that the concern of paying it twice a year was
that the employee could come back before those times and say their shoes were worn out and
they needed the money before the next pay day. The City wants to give the money up front
and if an employee needs two pairs, he/she needs to buy two pairs and take responsibility.
Ms. Munley said it should be kept the way it is now that an employee is allowed to get them as
needed. She will come back with suggested wording.
Posting of Agreement
This article was TA'd.
Tool Replacement
Mr. Hawkins explained that mechanics use their own tools. He understood that if a tool is
broken or stolen, it is replaced at replacement value. He asked why they were paid $1,500
annually for tools. It was explained that every year the fleet changes and requires different
tools.
Insurance
No change.
Personnel Files
No comment.
Tuition Reimbursement
Mr. Hawkins said there was a concern regarding the amount.
and it will be corrected.
There is an error in this section
Same.
Dues Deduction
Mr. Hawkins said that the Union requested that the City collect the COPE payments. He will talk
to the Finance Director regarding this.
6
Meeting Minutes
Blue Collar Union Negotiations
Bovnton Beach, Florida
September :J2, 200,~
Pension
No comment.
Uniforms
The Union wants a jacket and different colors for different departments. Mr. Hawkins explained
that the City Manager's position is one standard uniform color for the majority of departments.
That color is now green.
The Union stewards said that supervisors get different colors. Mr. Hawkins will check into this.
He said that the City will insist on standardization of uniforms. Each department will not be
able to have different colors,
Ms. Munley said the Union wanted cleaning service. Mr. Hawkins agreed with this and said they
will need to find a way to budget this.
~[t was also noted that City hats should be cooler.
Ms. Munley asked the City to consider a committee of employees from various departments and
management to decide what the uniforms should be.
Substance Abuse
Ms. Munley asked whether substance abuse was currently in the contract.
was in Article 28 of the contract.
Mr. Lee said that it
Manaqement Riqht.~
Ms. Munley said the Union must have the words "just cause" rather than "reasonable grounds."
This is a higher standard.
Probationary Period
Mr. Hawkins said that the City added more specific language.
Longevity Benefit
Ms. Munley wanted to add additional time similar to the PPM.
problem.
Mr. Hawkins said that was no
Bonus Days
Mr. Hawkins said the City was trying to establish this in terms of hours and not days.
look at this.
He will
Duration
Ms. Munley said the Union could not go there yet.
Collateral Documents
Ms. Munley said she would need to discuss this with their attorney.
7
Meeting Minutes
Blue Collar Union Negotiations
Bovnton Beach, Florida
$~p:ember 12, 200~
Unauthorized Absence from Work
Hr. Hawkins explained that employees who have no vacation time in the bank call in and want
to take the next day off as leave of absence. This should not be done on a weekly basis. This
is an attempt to clear this up.
The next meeting of the Blue Collar Negotiations is scheduled for Thursday, September 18~ at
1:30 p.m.
The meeting concluded at 1:23 p.m.
Respectfully submitted,
Bonnie Glinski
Deputy City Clerk
(9/15/03)
8