Minutes 10-30-03 MINUTES OF THE COLLECTIVE BARGAINING SESSION BETWEEN
THE NATIONAL CONFERENCE OF FIREMEN & OILERS BLUE COLLAR
WORKERS AND THE CITY OF BOYNTON BEACH, HELD AT 1:30 P.M.
ON THURSDAY, OCTOBER 30, 2003 IN CONFERENCE ROOM B, CITY HALL,
BOYNTON BEACH, FLORIDA
Present:
For the City:
For NCF&O:
Wilfred Hawkins, Assistant City Manager
Arthur Lee, Director of Human Resources
Sharon Munley, President of Local 1227
Bob Kruper, Union Steward
Mike Osborn, Union Steward
Don Roberts, Union Steward
Richard Smith, Union Steward
Richard Stone, Union Steward
John Wolcott, Union Steward
Openinq
Mr. Lee called the meeting to order at 1:40 p.m. A sign in sheet was circulated. Mr. Lee
distributed an updated matrix.
Approval of Minutes of October 21, 2003
After reading the minutes, Ms. Munley requested that the following changes be made:
· On Page 3, last paragraph, she did not think that she said the words "fired on the
spot." She thought that she would have said, "could be fired."
· On Page 6, under"Authorized Absence from Work" this language was discussed
at the white-collar negotiations and not at the blue-collar session.
· On Page 10 with regard to adding Hepatitis B and C shots, this should also apply
to pumping station and parks employees and any employee that needs it.
Mr. Kruper pointed out that on Page 7 it states that "The stewards mentioned that the
Sanitation employees wore anything but City-issued hats, and Mr. Hawkins stated that
he would look into that." Mr. Kruper said it was not the "employees," it was the
"Sanitation Management."
Mr. Stone referred to the first full paragraph on Page 7 that stated, "Later in the meeting,
Mr. Hawkins agreed, at the Union's request, to revisit the issue of green versus blue
with Mr. Bressner, particularly if the City goes to a uniform cleaning service, which it is
Meeting Minutes
Blue Collar Union Negotiations
Boynton Beach, Florida
October 30, 2003
considering." Mr. Stone inquired if Mr. Hawkins had an opportunity to speak to Mr.
Bressner regarding uniforms. Mr. Hawkins responded that Mr. Bressner did not have a
problem with changing the color to blue.
Ms. Munley asked if the Article on Uniforms had been TA'd and Mr. Hawkins responded
that it had not.
Mr. Stone referred to the paragraph "Basic Work Week and Overtime" on Page 12. Mr.
Stone was under the impression that vacation and sick time would count as time worked
for overtime computation, but Mr. Hawkins did not recall this. Mr. Stone asked Mr.
Hawkins if he had an opportunity to check into this since he thought that Mr. Hawkins
had agreed to restore sick and vacation time. Mr. Hawkins responded that he did not
recall this.
There were no other comments regarding the minutes.
Review of Status of Negotiations
Ms. Munley felt that they were close on the Uniform Article and that it just needed to be
rewritten.
Uniforms
Mr. Lee noted that the Union was agreeable to utilizing a uniform cleaning service if the
uniforms were changed to blue. Ms. Munley pointed out that employees would receive
a jacket bi-annually and hats as necessary.
The last paragraph of the existing contract would be revised to state:
City uniforms are for City job use only. Bargaining unit members agree
that they will not wear the uniforms in any other place except to and from
work, and at work. City uniforms are not to be worn on outside jobs, to be
given to non-city employees, or worn in any public places that serve
alcoholic beverages. Employees are not allowed to purchase or consume
alcoholic beverages while in uniform."
Ms. Munley recommended that the following language be added: "Effective January
2005 the City shall have a uniform cleaning service and at that time uniforms would be
blue."
Mr. Hawkins said he could not establish a date. He pointed out that the City is
considering doing this and if the City hires a cleaning service, the City uniforms would
change to blue.
MeeUng Minutes
Blue Collar Union Negotiations
Boynton Beach, Florida
October 30, 2003
Ms. Munley also suggested the wording that "A committee will determine items that
employees may opt out with a medical note." This would pertain to employees that
might have some kind of skin problem and could not utilize the uniform cleaning service.
Ms. Munley said that this would be discussed during the caucus.
With regard to Safety, Ms. Munley stated that they would write it up and put it with
Safety and Health.
Mr. Lee inquired about the shoe item and Mr. Hawkins stated that this would be
included with Safety and Health and would be one Article.
With regard to Unauthorized Absence from Work Mr. Hawkins thought that this had
been TA'd. Ms. Munley noted that this was discussed at the white-collar session. Mr.
Hawkins stated that they needed to come up with some language. Ms. Munley recalled
that it had to do with just cause and how long an employee could be "awol" from work.
Mr. Stone noted that this was included in the October 20th minutes. Mr. Hawkins stated
that he would have the City Attorney rewrite the language, and it would be the Human
Resource Director that would determine whether it was for just cause.
Mr. Hawkins noted that currently if a person is absent from work for three days and
does not call in, they are considered "awol."
Ms. Munley felt it should be appropriate if a person is unable to call in and a friend or
relative calls in for that person, it should be acceptable. Ms. Munley suggested that the
Article be changed to read:
"A bargaining Unit Member who is absent from work without authorized
leave for a period of more than three days and who was physically unable
to notify the employer or have another person notify the employer shall
not be deemed to have abandoned his or her job and shall not be
separated from employment with the City. Separation of this type shall
not be considered a disciplinary separation."
Mr. Hawkins suggested that the following language also be added:
"The employee may submit information explaining the absence to the
Human Resources Director who will determine if just cause existed for the
absence."
Ms. Munley said that they would look at this when they caucus.
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Meeting Minutes
Blue Collar Union Negotiations
Boynton Beach, Florida
October 30, 2003
Compensatory Time
Mr. Hawkins thought that they were close on this article. He pointed out that it was
agreed that an employee would have 60 days to take his compensatory time. If he did
not take it after 60 days, he would automatically get paid.
Ms. Munley said that their Section 14 of Article 10 would be used for Compensatory
Time and it would be changed to 60 days.
Mr. Stone inquired if Mr. Hawkins spoke to the City Attorney. Mr. Hawkins stated that he
did and it was agreed that 60 days was a reasonable period of time. Mr. Stone also
inquired if compensatory time could be used the same week it was earned. Mr.
Hawkins stated that it could be used during the same pay period. Ms. Munley pointed
out that it had been discussed that it could be used the same week for employees who
worked extra long shifts and Mr. Hawkins agreed with that.
Ms. Munley requested that the City make these changes and pointed out that the
language was on page 19 of the Union document. Mr. Hawkins agreed to have these
changes made.
Transfers
Ms. Munley pointed out that the City's transfer article did not include how the employee
would get paid.
Mr. Lee noted that they discussed the definition: (i) going from one position to another at
the same level is basically a lateral; (ii) going from a lower level to a higher level is a
promotion, and (iii) going from a higher level to a lower level is a demotion. The
language reads if a person goes to a lower position they would retain their same rate of
pay, unless they were at the max at that level.
Ms. Munley inquired if the probationary item was new and are people placed on
probation when they are transferred to a new job, and Mr. Lee stated that they are.
Further Ms. Munley inquired how often demotions occur and Mr. Lee stated that often
this is a voluntary move.
Ms. Munley requested time to caucus at 2:35 p.m.
The meeting reconvened at 3:25 p.m.
Unauthorized Absence from Work
Ms. Munley said that they were ready to TA this Article. Messrs. Hawkins and Lee read
the new language and agreed with it. Ms. Munley and Mr. Hawkins TA'd the Article and
Ms. Munley said that she would have it retyped.
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Meeting Minutes
Blue Collar Union Negotiations
Boynton Beach, Florida
October 30, 2003
Mr. Stone inquired if all the TA Articles would be brought back in final form for review.
Mr. Hawkins responded that an entire meeting would be devoted to this. Ms. Munley
would like the T^ items furnished to everyone prior to the meeting so that people could
come prepared to discuss them.
Grievances
Mr. Hawkins stated that progressive discipline has been extrapolated from the PPM and
they would like to have discipline as a stand-alone article that outlines the grievance
and arbitration process. By doing it this way, it would avoid confusion of the disciplinary
process with any other process that is subject to grievance under the Agreement.
Section 4 in the white-collar contract alludes to discipline. The City would like to take
Section 4 as it relates to the grievance process and move that over to the Article dealing
with progressive discipline. This would lay out the entire process from beginning to end
all in one Article.
Mr. Hawkins stated that the grievance and arbitration procedure may be exactly the
same, but the City wants to make sure that the disciplinary process stands alone so that
there is no confusion from anything else in the contract when it comes to discipline.
Ms. Munley inquired if a disciplinary action arose based on another violation of the
contract, would they have to grieve under ^rticles 10 and 11. Mr. Hawkins stated that
discipline is discipline, regardless of what the charge is. If a person receives a written
reprimand it would be treated under the Discipline Article.
Mr. Stone felt that doing it this way was more confusing. Mr. Hawkins stated that they
are trying to separate disciplinary matters from all other matters in the contract. Mr. Lee
felt that doing it this way would clear things up.
Ms. Munley thought it could be fixed without making it more confusing or creating a
stumbling block. Ms. Munley said that she has never seen it done this way.
Mr. Hawkins said that he has looked at other local NCF&O contracts and finds them
confusing. Ms. Munley said that this is how it is done everywhere and that there is
always a Grievance Article. Mr. Hawkins agreed with this and stated that they are
merely trying to make discipline its own article and not mix discipline in with grievance
procedures as it relates to other articles.
Mr. Lee stated that the City Attorney read over the blue-collar grievance procedure and
stated that before an issue with an employee goes to arbitration, you have to go all the
way through the grievance procedure. Ms. Munley did not think that it was necessary to
have two articles to express this. She suggested language that would read,
"terminations would immediately go to arbitration," or "terminations would immediately
go to the City Manager's level." She did not think it made sense to go to the supervisor,
because he has no power.
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Meeting Minutes
Blue Collar Union Negotiations
Boynton Beach, Florida
October 30, 2003
Ms. Munley noted that even if there is no mention of a "class action," their attorney feels
that this is a "given," because there is case law that if there are more than two people
affected it is considered "class action." Ms. Munley pointed out that the current Section
4 was included at the request of Attorney Cherof. She felt it would cause more
confusion because they would have to look in two places when dealing with discipline.
Mr. Stone inquired if the City was looking for the same grievance and arbitration
procedure for discipline and non-discipline. Mr. Hawkins stated they would be very
similar, but not exactly the same. Mr. Stone inquired why the City wanted to separate
them, if they were going to utilize the same procedure for both applications.
To Mr. Hawkins, it was individual logic. He would like to have discipline, grievance and
arbitration all in one Article and then a separate Article for all other matters.
Ms. Munley noted that the next meeting is November 13th and asked Mr. Hawkins to
bring these two new Articles to that meeting. Mr. Hawkins said that he would provide
them.
Next Meetin~ and Adjournment
The meeting properly adjourned at 3:45 p.m. The next meeting
Thursday, November 13, 2003 at 1:30 p.m. in Conference Room B.
is scheduled for
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(November 10, 2003)
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