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Minutes 04-14-05 MINUTES OF THE WHITE COLLAR COLLECTIVE BARGAINING SESSION BETWEEN THE NATIONAL CONFERENCE OF FIREMEN & OILERS AND THE CITY OF BOYNTON BEACH, FLORIDA, HELD ON THURSDAY, APRIL 14, 2005 AT 1:00 P.M. IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA Present: For the City of Boynton Beach: FOR NCF&O John Jordan, Assistant Director Human Resources Mike Pawelczyk, City Attorney Sharon Munley, Trustee, Local 1227 Pam Welsh, NCF&O (Utilities) Skip Lewis, NCF&O (Code) Don Wooten, NCF&O (Police) John Pagliarulo (Building) Jim Macintyre (Fire) Call to Order The bargaining session was called to order at 1:15 p.m. A sign in sheet was circulated and provided to the Clerk for inclusion with the records of the meeting. Approval of Minutes Mr. Lewis referenced the language regarding safety shoes. He pointed out that Code Officers were not required by the Safety Committee to wear steel-toed shoes and in previous years they were provided shoes that were not safety shoes. Mr. Jordan stated that the language provides that the Code Officers will be provided shoes because they are uniform shoes, not because they are safety shoes. Members took an opportunity to read the minutes and there were no changes. Ms. Munley furnished Mr. MacIntyre with the proposal for the shoes and uniforms and requested he review the information and let her know if it was correct when they break. City's Proposal Mr. Jordan distributed the City's newest proposal together with a matrix of the status of the Articles. Mr. Jordan indicated the Articles in blue possibly could be TA'd today. Article 3 - Rights of Employees Ms. Munley explained Section 2 of the existing contract was deleted because it was redundant and all other language has been left in except for Section 4. That language was moved to Article 50. Both parties TA'd this Article. Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida April 14, 2005 Article 14 - Basic Work Week and Overtime Mr. Jordan stated that the language in this Article was based upon discussions at the last meeting. Those discussions included eliminating sick time and including comp time in the computation of overtime. Ms. Munley stated they wanted to include sick time in the computation of overtime and is agreeable to also including comp time, if the City wanted to include it. The City will discuss this. Article 23 - Sick Leave Mr. Jordan noted that the change discussed at the last meeting was made to Section 23.1 that now reads notice must be given "one-half hour" before his/her normal workday begins." The old language stated "within one hour." Section 23.2.E. of this Article was moved to the Vacation Article. Mr. Jordan noted that language was supposed to have been added that it would be subject to disciplinary action if an employee did not call in. The City also added language that states "sick leave exceeding three (3) consecutive work days requires medical certification within three (3) days of returning to work." Ms. Munley inquired if the language dealing with sick leave donations was included in the Article. Mr. Jordan stated it was not necessary for employees to call Finance because their available sick time is included in their paychecks. The Union will caucus on this Article. Article 24 - Workers Compensation Mr. Jordan reported that the City accepted the language that the Union recommended. In Section 24.3 Ms. Munley would prefer language that would read, "Once the salary supplement has ended." This could either be three or six months. She felt stating "after three (3) months" could be misconstrued. Ms. Munley pointed out that employees would not receive the full amount authorized because in the new third paragraph, the City is making it the same amount as it was for the first three months, as opposed to the old language that said the City Manager would decide what it is. Mr. Jordan recommended striking "if less than the full amount authorized." Ms. Munley stated the language should read, "once the salary supplement has been exhausted." She felt that the language was confusing. ' Ms. Munley noted the City struck the language that reads, "During the three months of your disability, the City Manager can determine to continue it and he would decide how much you would get." The new language states the employee's doctor would submit a form stating the employee still needs to be on Worker's Compensation, at which point 2 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida April 14, 2005 the employee would receive Worker's Compensation for an additional three months at the same rate. She felt that the language as written in Article 24.3 was confusing and it should read as she requested. Attorney Pawelczyk read the new language for this Section: "Once the salary supplement, as identified in Section 24.2 is exhausted, the injured employee may elect to receive accrued sick leave and after sick leave is exhausted, vacation leave..." The third and fourth line of the paragraph beginning with "City supplement, (if less than the full amount authorized)' will be deleted. Therefore, the revised language will read: "...vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave and Worker's Compensation benefit equals his/her regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check" Attorney Pawelczyk recommended adding the words "sick leave is" between the words "after" and "exhausted" in the second line of Article 24.3. The parties agreed to these changes and T A'd the Article. Article 26 - Vacation Article 26.6 is new and provides employees up to 24 hours of emergency vacation leave. Ms. Munley inquired if employees could take an hour of emergency vacation if needed. She felt that this language was needed for clarity. Mr. Jordan stated this was allowed. Ms. Munley questioned why this language was not in the contract. Mr. Jordan stated it was never an issue for the white collar. Ms. Munley felt it should be the same for both contracts; however, she was agreeable that employees could take an hour of vacation and the City agreed that this was the practice. The parties TA'd on this Article. Article 29 - Compassionate Leave Ms. Munley thought that this Article had been TA'd and was informed it was only blue collar. Ms. Munley stated there was an issue with the word "consecutive." Mr. Jordan pointed out the City Manager can and has declared additional leave for employees. He does not recall any employee ever being restricted from receiving additional compassionate leave if it was needed. Ms. Munley noted there used to be language in the contract that if an employee had to go out of town, it could be split, as long as it was 3 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida April 14, 2005 within a GO-day period. Sometimes people who pass away do not have the service the same week. Mr. Jordan stated the City was trying to make the language consistent and there has never been a problem granting compassionate leave for employees under the language the City is proposing. Mr. Pagliarulo inquired if employees were required to take the full three days. Attorney Pawelczyk noted it states, "not to exceed three consecutive days" and a person does not have to take three days. Mr. Pagliarulo was concerned that Finance may not interpret it correctly. Mr. Jordan did not think there has ever been an issue with compassionate leave. Ms. Munley requested that "consecutive" be deleted. Attorney Pawelczyk recommended deleting the word "consecutive" for the three-day compassionate leave, but keep "consecutive" in for out of state funerals. Mr. Jordan stated they would discuss this. Article 30 - Military Leave The parties TA'd this Article. Article 31 - Leave of Absence Ms. Munley inquired why this Article dealt with leaves of absence without pay. Ms. Munley further pointed out that employees could be granted a leave of absence for one year and now ii states six months. She inquired if this would kick in after FMLA and Mr. Jordan stated that it would. Ms. Munley inquired why this was not stated and Mr. Jordan responded it was not necessary because FMLA requires that leaves of absence cannot run concurrent with FMLA. Discussion took place regarding six months versus one year. Mr. Lewis inquired if employees have ever taken a one-year leave of absence. Mr. Jordan stated there have been some as a result of extreme medical circumstances. Mr. Macintyre felt if a person needed more than six months, the City Manager could grant an additional leave based upon extraordinary circumstances. Mr. Jordan pointed out that this has never been an issue. Ms. Munley inquired why the language was being changed, and Mr. Jordan responded for consistency with the other contracts. Ms. Munley inquired if the blue collar TA'd this article and Mr. Jordan stated they did. This is also in the new Police contract and will be negotiated for Fire as well. Ms. Munley requested that Section 3 be put back into the agreement. She was aware that one employee had been refused a leave of absence to care for a relative out of State. Ms. Munley noted the reason she wants this language in the contract is to inform employees they can take FMLA for 12 weeks without pay to care for someone. Mr. Jordan noted that the FMLA Act is posted on bulletin boards throughout the City. Ms. Munley questioned why this language was stricken and requested it be put back into the contract. 4 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida April 14, 2005 Article 33 - Jury Duty The Union was agreeable with the language in this Article and it was T A'd. Article 35 - Recruitment and Selection Mr. Jordan stated that this Article was T A'd for the blue collar contract. Ms. Munley was not certain on this. She thought they were waiting to hear from their attorney because she had concerns with this Article and the Union would be presenting a counter-offer for this Article. Article 36 - Safety and Health Ms. Munley noted only Building Inspectors in the white collar bargaining unit were required to wear safety shoes and would receive $190 for each year of the contract for shoes. Ms. Munley pointed out there is a Memorandum of Understanding for those employees that would receive the $190 shoe allowance for shoes that were not "safety shoes" as defined by OSHA standards. In Section 36.4 Ms Munley stated employees that need to receive shots for tetanus, etc. are not receiving their shots. The City's language does not state the City will provide the shots. Mr. Jordan responded that the City provides them, and an employee only has to request them. Ms. Munley stated that the Union would discuss this Article. Article 37 - Insurance The parties TA'd this Article. Article 39 - Tuition Assistance Program Attorney Pawelczyk pointed out that Section 39.3.1.3 should be stricken since it is not necessary. Therefore, the numbering for the remainder of the sections would be changed accordingly. The parties TA'd this Article. Article 44 - Probationary Period With regard to transfer to a different position, would those employees also be subject to a probationary period and Mr. Jordan responded six months. Ms. Munley asked for an explanation of probationary employees in Section 44.4 that states employees in their first year of employment or in their six-month promotional probationary period have no property entitlement to their position. Ms. Munley pointed 5 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida April 14, 2005 out many of her contracts provide if a person is promoted and is not happy with the new position, they have the opportunity to go back to their original position. Attorney Pawelczyk explained that a person does not have a property interest in their position until they have completed probation. During an employee's first year with the City, that employee is on probation and is considered an employee-at-will. Ms. Munley inquired if this language came from the City's PPM. Mr. Jordan stated it either came from the PPM or APM. Ms. Munley felt if a person was not working out at their new position that employee should be able to go back to their old position. Attorney Pawelczyk inquired what would happen if the old position had been filled. Ms. Munley felt they should be allowed to fill a similar position. Attorney Pawelczyk stated the City cannot hold positions open for six months. Mr. Jordan noted there have been instances where employees went back to their old positions, if the position had not been filled, or the City found them another position. The Union will review the City's proposal. Article 47 - Labor Management Mr. Lewis inquired if this committee ever met. Ms. Munley responded there is language in the contract, but there have been no meetings. Mr. Jordan did not recall that a committee had been set up. Ms. Munley said there is a labor/management committee, but it never met. Ms. Munley was okay with this Article and noted the language had been changed to require the committee would meet within 90 days of ratification of the contract. Ms. Munley felt it was important to have this committee and that it meet on a regular basis. Mr. Jordan was in agreement. The parties TA'd the Article. The meeting recessed at 2:35 p.m. The meeting reconvened at 2:50 p.m. Article 23 - Sick Leave Ms. Munley stated the Union would accept the City's proposal for Article 23. The parties TA'd the Article. Article 29 -Compassionate Leave The Union would accept the City's language if the word "consecutive" was deleted for the three-day in-State leave, but would agree to leaving in "consecutive" for the five-day leave. Article 31 -Leave of Absence 6 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida April 14, 2005 The Union would like to have language that would allow an employee to request an additional six months for extraordinary circumstances that the City Manager could approve. Article 44 - Probationary Period Ms. Munley wanted to have some kind of language that would protect an employee who was no longer under their initial probation. Also, she felt there needed to be some kind of language for people who take a promotion, but wanted to go back to their old job. Mr. Jordan did not think employees should have the right to demand that their old position be given back to them. Attorney Pawelczyk stated the City would revisit this Article, together with the Leave of Absence and Compassionate Leave Articles. Article 50 - Posting of Agreement The Union proposed sharing the cost of providing copies to the members. Mr. Jordan pointed out that white collar employees have access to computers and questioned the need for copying the contract. Ms. Welsh stated that she is not allowed to use the Department's computer to print Union business. Ms. Munley explained that if the agreement provides that employees can print it, there should be no problem in doing so. Ms. Munley questioned why the City was not agreeable to printing the contract since it involved only 120+ white collar employees. She did not think the cost for printing would be much of an expense if both parties shared the costs. Ms. Munley stated it was important that members be provided a copy of their labor agreement. She would like a provision in this Article that would allow employees to print out a copy of the contract. The Union has offered to share the cost of printing with the City or it could be provided in the agreement that employees would be allowed to print out the contract from the City's share drive. Attorney Pawelczyk stated the City would discuss this Article. Mr. Jordan estimated that if the blue collar contract were printed internally it would cost between $800 to $1,000. Article 43 - Substance Abuse If the City would agree to the language that the Union requested, they could T A the Article. Mr. Jordan responded the City would not allow an employee to come back to work until the doctor released him. This language is in the City's Ordinance and questioned why the Union wanted to duplicate it in the contract. Mr. Jordan recommended placing the entire Ordinance into the contract and noted he had previously provided it to Ms. Munley. Ms. Munley will review the Ordinance. Attorney Pawelczyk inquired if the Ordinance has ever been amended and Mr. Jordan responded it was amended one time to modify testing levels to be consistent with State guidelines. 7 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida April 14, 2005 Attorney Pawelczyk recommended including language that would read, "As adopted in Ordinance No. 92-51 as amended from time to time." Article 40 - General Provisions Ms. Munley inquired about uniforms and was informed it was addressed in this Article. She stated the language in Section 40.4 is the same as previously presented. She pointed out this language should have remained the same as in the previous contract. She was opposed to having the Department Head decide the uniform clothing for their employees. As a result, the language in Section 40.3 is nullified. The only request the white-collar employees had was for uniform pieces and safety shoes. Mr. Jordan inquired where the safety shoe issue had been addressed previously besides bringing it up during negotiations and with the Department Heads. Mr. Pagliarulo stated they spoke to the Building Official who informed the Building Inspectors they were no longer entitled to safety shoes. Mr. Jordan stated this should have been taken outside the Department so it could have been addressed. Mr. Jordan stated Building Inspectors should be furnished safety shoes because the Safety Committee included Building Inspectors on the list required to receive safety shoes. Ms. Munley further noted that the Code Inspectors used to receive uniform shoes and it was stated in the first union agreement that this language would remain status quo. Someone changed it and it should have gone to grievance. The Union would like it specifically stated what those employees would be provided and this language does not cover it adequately. Mr. Jordan stated the intent of Section 40.4 was to improve how uniforms were given out. Ms. Munley stated the language did not address it properly. Ms. Munley noted employees had been provided seven polo shirts and the City wants to change it to two. Mr. Jordan explained that employees would continue to receive seven polo shirts. The two polo shirts would apply to employees who are not required to be issued shirts, but could receive two if they wanted them. Ms. Munley pointed out the language in Section 40.5 states, "Employees who are not required to wear uniforms shall be allowed to continue to wear City polo shirts in the color choice of the City. The City shall provide seven (7) polo shirts to each employee on their anniversary date." Mr. Jordan did not think this was the intended language. The Union's proposal for Code Enforcement employees would be instead of requiring that they wear pants furnished by the City, they would like to be provided funds to purchase their own pants. Originally people not required to wear uniforms received five polo shirts and last year it was increased to seven. Ms. Munley noted she had placed all these items in an Article entitled "Uniforms." 8 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida April 14, 2005 Mr. Jordan inquired if Ms. Munley wanted it enumerated in the contract what each Department would receive for uniforms and shoes. Ms. Munley stated she only needed it enumerated for the Code Enforcement Division. She would like to include Fire and Police as defined language and what Code Enforcement has asked for. Mr. Pagliarulo noted that the Building Inspectors also get shirts and pants, but the dollar amount is limited. Mr. Jordan stated the City would revisit this Article. With regard to the Wage Article, Mr. Lewis questioned the language in Section 16.1.a. that stated a performance evaluation score of 2.0 (meets standards) would receive an increase up to "46.0." Mr. Jordan stated this was a typographical error and the correct figure was "4.0." Adjournment The next meeting dates will be determined. There being no further business, the meeting properly adjourned at 3:35 p.m. Respectfully submitted, ~ í~, /~14~ Barbara M. Madden Recording Secretary (April 20, 2005) 9