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Minutes 04-12-04BLUE COLLAR AND WHt'TE COLLAR COLLECTWE BARGAt'NZNG SESSI'ON BETWEEN THE NATIONAL CONFERENCE OF FIREPlEN & OI'LERS AND THE CITY OF BOYNTON BEACH HELD ON MONDAY, APRIL12, 2004 AT 10:30 A.M. IN CONFERENCE ROOI~t C~ WEST WI'NG~ CI'TY HALL~ BOYNTON BEACH~ FLORI'DA Present For NCF&O Sharon Munley, President, Local 1227 Debbie Lytle, Steward, Utilities (White Collar) Bob Kruper, Union Steward Mike Osborn, Union Stewart Don Roberts, Union Steward Richard Stone, Union Steward Mike Taylor, Union Steward Rick Smith, Union Steward John Wolcott, Union Steward For the City: Wilfred Hawkins, Assistant City Manager Arthur Lee, Director of Human Resources The meeting began at 10:52 a.m. Disciplinary Appeal Procedure - City Proposal dated 4/12/04 Ms. Munley said that in Section 2, it should say through Step 3 instead of through Step 2. Ms. Munley asked if the City were implying that if less than a termination, it stops at the H.R. Director. Step 2 at this time is the H.R. Director. Mr. Hawkins said they could talk about it and that this was a good point and thought that an agreement had to be reached on what type of actions would go to arbitration. He was not in favor of every disciplinary action going to arbitration. Mr. Hawkins noted that he had acquiesced to the Union's request to include everything above a counseling memo. Mr. Hawkins indicated that the City's proposal was based on the Union's language, but it was reorganized. Contract Grievance Procedure - City Proposal 04-12-04 Ms. Munley did not see that there was anything about stopping the grievance procedure from proceeding to arbitration. Mr. Hawkins said that the Union would want to push certain things to arbitration. Meeting Minutes Joint Blue and White Collar Union Session Boynton Beach, Florida April 12, 2004 Ms. Munley said she was hearing that they needed to agree what kind of disciplinary actions would go beyond Step 2. Mr. Hawkins said that if anything that was done could go to arbitration, it was overkill. Task Mr. Hawkins had some verbal comments on Task, using the Union's 4/8/04 proposal as a point of reference. The item that was of most concern to the City Manager and the Department Director was 2A, concerning the holidays and being scheduled to work on Saturdays. :In order to provide optimal service with flexibility, management wished to retain the right to schedule employees to work on Saturdays if necessary. It is assumed that the City would give advance notice of such scheduling changes. The City is wiling to talk about proper compensation for scheduling people to work on weekends. Ms. Munley understood this to mean that if the Union backed off on 2A, that the rest of Task was acceptable, and Mr. Hawkins indicated that this was the case. The comment was made that the holiday "make-up" day had been on Wednesdays for 20 plus years. Mr. Kruper felt that the City's unwillingness to change back to Wednesday from Saturday was probably because a letter had already gone out to the residents about this, and Mr. Hawkins advised Mr. Kruper that this was not the case. It was a matter of management rights and flexibility. The City did not want to "memorialize" certain days/dates in the contract and wanted to be able to assign employees to accomplish certain tasks and goals when they come up. Mr. Hawkins said that employees normally scheduled to work a Monday through Friday schedule, if asked to work on a Saturday or Sunday, would be compensated with overtime. A comment was made that many companies paid employees double time for working on a Saturday or Sunday. Mr. Hawkins was willing to talk about this, although he thought it was somewhat covered in B & C already. Wages Mr. Hawkins stated that staff had done comparisons on a statewide basis using the PEP1 study and the Florida League of Cities study, and the conclusion was that the positions looked at were being compensated appropriately, compared to the market across the state. 2 Meeting Minutes Joint Blue and White Collar Union Session Boynton Beach, Florida April 12, 2004 The City is continuing its offer of a 3% market adjustment retroactive to October 1, 2003. A 3% increase would be given for "meets standards," and would be applied on April 1. Ms. Lytle said that she had the White Collar PEP]: study and the White Collar workers were in the lower third of it. Mr. Hawkins recognized that this was true in the White Collar unit, but he was addressing the Blue Collar unit. He said that people should keep in mind that this was a one-year contract. Ms. Lytle felt that more should be given since it was only a one-year contract. Ms. IVlunley asked if the wage increase that was on the table went into the base for everyone, regardless of where they were in the scale. Mr. Hawkins responded affirmatively. Mr. Lee said that she was talking about redlining the individuals who were already topped out. Mr. Hawkins said that if they were not topped out, it would go into their base. Mr. Stone said that the Union's proposal was that everything would go into base, even for the topped out people. Ms. Munley said that everything goes into base - both raises, regardless of where they are in their wage scale. Mr. Hawkins said that this was correct, but it was the 3% market adjustment only. Ms. Munley said it was both of them. Ms. Munley said that the across-the-board would raise the tops. Mr. Hawkins agreed. Ms. Munley asked if it would be possible to determine how many people were topped out. She asked if this could be done while they were caucusing. Mr. Lee stated that he would ask Payroll to initiate a search for this information and provide it as soon as possible. ]:n regard to a question from Mr. Stone about the topped out individuals, Mr. Lee brought up Mr. Hawkins' comment that in the next fiscal year, there would be a pay classification study and this would be looked at then. Mr. Stone asked if the City's proposal was that individuals receiving between 1 and 2 would get an equivalent raise to that score. Mr. Hawkins said this was correct. ]:f they get 1.5%, they would get this amount of an increase. Also, if they got over 3%, they would get whatever that percentage was. Anyone getting below 1 on the appraisal would not get a merit raise. Mr. Hawkins said that the 3% cost of living or market adjustment retro to October l, 2003 would go into base. Ms. Munley asked what would happen to the folks who were outside their scale, on the merit side. Mr. Hawkins said that normally, they would be given a lump sum. Ms. Munley asked if it could be put into base and redline them as discussed before. Mr. Hawkins said this was what they had said. Mr. Lee said that redline was if a person were at his max and got an increase, they would get the increase on top of the base, which means they 3 Meeting Minutes Joint Blue and White Collar Union Session Boynton Beach, Florida April 12, 2004 are outside of the official range. You have to redline them. You identify that these people are redlined until a pay plan adjustment is made to bring them back into the range. Ms. Munley asked Ms. Lytle if there were any more issues for the White Collar unit, and Ms. Lytle did not have any. Mr. Kruper said if he were not redlined, the merit raise would not go into his base pay. Mr. Lee said if he were not topped out, he would get the raise in his base. Mr. Lee said if a person were not topped out or close to 6%, then both raises would go in the base (merit and market adjustment.) The parties caucused at 11:15 a.m, The meeting resumed at 12:03 p.m. Contract Grievance Step i - Ms. Munley said that there was no meeting mentioned and it was needed. Mr. Hawkins said this was the Union languagei Ms. Munley thought it might have come out during one of the changes. Mr. Osborn called attention to Step 2. Ms. Munley stated that Step 2 had the correct language. Disciplinary Appeal Procedure Ms. Munley stated that in F. of Step i of the Disciplinary Appeal steps, it called for the Union to provide a statement identifying the names and positions of the class of workers affected (in a class action grievance.) This was not acceptable to the Union. The City felt that the Union would know who the affected employees were and should include them in a statement, along with the classification. The Union was very much against this and stated that while the City could talk to their witnesses, the Union did not want the City to go to their witnesses and intimidate them. Ms. Munley continued to comment on this item. In Step 3, after sub-paragraph (a), it should not reference terminations, since they were talking about grievances. It should say, "When a grievance appeal is not settled, etc." In the third line where it says "or termination," this should be taken out. 4 Meeting Minutes .loint Blue and White Collar Union Session Boynton Beach, Florida April ~.2, 2004 In Section 5, the hearing shall NOT be formal - it now reads that it shall be formal. In Section 2, Ms. Munley wanted to say, "Disciplinary action that is more severe than a written reprimand may be appealed through Step 3 of this appeal procedure." In Section 4, Ms. Munley wanted it to say: "Subsequent to the pre-determination hearing of an employee who has been suspended or received more severe discipline by the City and the employee or this Union desires to challenge this discipline, arbitration may be requested, which shall be filed with the Human Resources Director at Step 3 of this process." Ms. Munley said that Step i needed the same sentence about a meeting. Within 5 days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee and schedule a meeting within 5 days to discuss the matter. The Human Resources Director or designee shall respond in writing to the employee within 5 days of the meeting (with the outcome.) Under F, the Union did not wish to disclose individual names. In Step 2, the language about the meeting needed to be applied. After "receipt of the Department Director's decision," a sentence should state: The Human Resources Director will contact the aggrieved employee and schedule a meeting within 5 days to discuss the matter. In Step 3 (b.) the language should be changed to read, "In the event of a suspension or more severe discipline, etc. (instead of termination). Section 5 should call for an informal hearing, not formal. Task Ms. Munley requested that the City's holiday schedule be published in December for the following year. Mr. Hawkins said that it was now published around Thanksgiving. Ms. Munley related that the Union was willing to work Saturdays and Sundays, if required to do so, for double time and a half. Meeting Minutes Joint Blue and White Collar Union Session Boynton Beach, Florida April 12, 2004 Wages Ms. Munley explained her understanding of this article. There would be a 3% market adjustment that would go into the base for all employees, retroactive to October 1, 2003. On April 1, 200~,, there would be a 3% merit increase, which would also go into the base for all employees. If someone were beyond the max, they would be redlined until the pay class study next year. :if a person gets below 1 on his or her evaluation, they would not get a merit increase. :if a person gets between 1 and 2 on his or her appraisal, they would get a percentage equivalent to the score. :If they get between 2 and 3, they would get 3%. If they got over 3, they would get the percentage that was equivalent to that score. Mr. Hawkins said that was correct. Mr. Lee said that the Union was proposing that no matter what they get, it goes into the base, whether at max or not. Mr. Hawkins said that he would have to speak with the City Manager and the Public Works Director. A final draft contract will be put before the parties on April 22 at 10:30 and they could T.A. each page of it at that time and compare the final draft language to the language agreed to in the T.A.'d articles. Hopefully, if there were problems, advance notice could be given to either party. Mr. Hawkins intention is to get a final draft document to Ms. Munley by Thursday, April 15. The Union will get together to proofread this and hopefully ratify it as soon as possible. Mr. Hawkins said that as far as he was concerned, tentatively, it appeared is if they had a deal. He had to discuss it and prepare the final draft document and it had to be T.A.'d first. After Union ratification, an executive session would be set up with the Commissioners, possibly in about three weeks' time. He actually envisioned that the contract would be presented to the Commissioners around the end of May. Mr. Lee brought up Progressive Discipline for the Blue Collar unit, and Ms. Munley said it was way too late to look at this. They would be coming back to begin the next year's contract in a month. Ms. Munley asked about the changes to the Pension. Mr. Hawkins thought they had been done. Ms. Munley said they agreed to them but felt they needed to be included in the ratification vote. There were some changes brought up by Mr. Stone, and Mr. Stone said he had already notified the Pension Administrator. The Pension Board voted to approve the changes. Mr. Hawkins said he was not sure they wanted to have these on the same agenda. 6 Meeting Minutes Joint Blue and White Collar Union Session Boynton Beach, Florida April 12, 2004 Ms. Munley asked what order the articles would be in and Mr. Hawkins said they would make up a table of contents and number the articles. Transfers/Demotions Mr. Lee said that this article had been T.A.'d more than once and he had found an error in it. He asked the Union to look at this article again. From non-exempt to exempt should be reversed to read "from exempt to non-exempt" Also, the numbers should be minuses and not pluses. Ms. Munley said it was existing language, although there was one mistake in it. Mr. Lee said it was existing language on the promotion, but there was no language on the demotion article. Ms. Munley said she was going to ask the City to let some of the stewards work with her on the ratification vote because they wanted to try to get Union Time Pool and the payroll authorization for the voluntary Committee on Political Education (COPE) deduction. They also wanted someone to be available to speak to the Union members at the door and encourage them to vote. Pay Plan/3ob Classifications Mr. Lee said he and Ms. Lytle were talking about notifying the Union before making changes in Union employees' job classifications - as happened recently. Mr. Lee said they needed to say it was all right to go ahead and do the rest of them and H.R. will proceed with it and make it a part of the agreement. In the future, such changes will be presented to the Union as they requested. Adjournment The meeting ended at 12:42 p.m. Respectfully submitted, Susan Collins Recording Secretary (041204)