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Minutes 03-16-05 MINUTES OF THE BLUE COLLAR COLLECTIVE BARGAINING SESSION BETWEEN THE NATIONAL CONFERENCE OF FIREMEN & OILERS AND THE CITY OF BOYNTON BEACH, FLORIDA HELD ON WEDNESDAY, MARCH 16,2005 AT 1:00 P.M. IN THE UTILITIES CONFERENCE ROOM, BOYNTON BEACH, FLORIDA Present: For the City of Boynton Beach: For NCF&O Jeff Livergood, Public Works Director John Jordan, Assistant Director of Human Resources Michael Pawelczyk, Assistant City Attorney Sharon Munley, Trustee, Local 1227 Mike Osborn, Union Steward Don Roberts, Union Steward Rick Smith, Union Steward Mike Taylor, Union Steward Call to Order: The meeting was called to order at 1 :29 p.m. and a sign in sheet was circulated. Memorandum of Understanding (MOU) Ms. Munley inquired about the status of the MOU. Attorney Pawelczyk just received it this morning. Ms. Munley stated the changes were minimal and the Article numbers needed to be changed accordingly. She requested that the City review the changes and if they were in agreement with them, it could be ratified at tomorrow's session. Mr. Jordan noted the article was changed to be proactive. Attorney Pawelczyk asked why the language "and will continue to" needed to be added? Ms. Munley stated the Union's attorney recommended this language. Attorney Pawelczyk reminded the parties the MOU dealt with the shoe allowance. Ms. Munley recommended that Attorney Pawelczyk contact their attorney, Osi Rind at 305-412-8322. Correction of Minutes Mr. Jordan requested the minutes on the first page in the last line be corrected to indicate it was the "City", not the "Union," that prepared the Memorandum of Understanding. The parties took the opportunity to review the minutes and there were no other changes. Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 Discussion Ms. Munley inquired if the City was amenable to inviting Gilbert Escudero to the next meeting. Mr. Jordan recommended establishing a labor management committee instead. Ms. Munley inquired why the City was opposed to having Mr. Escudero at the next meeting. Mr. Jordan noted at the end of the last meeting, the City asked the union if they would be agreeable to reconsider any of their positions, and Ms. Munley stated "no" at that time. Ms. Munley disagreed with this and did not think she would state a blanket "no" to everything. Ms. Munley thought that some of the City's proposals appear that the City wants TO throw "the baby out with the bathwater" and take back everything that has been gained. She further asserted no one in the City has clearly indicated what the problems are so they could be solved without throwing everything away. They were not willing to give away their benefits, but the union has always tried to be accommodating in fixing problems. For these reasons, Ms. Munley felt a facilitator was necessary. The union does not feel that the City has been adept at explaining things well enough for them to understand what the City wants. Ms. Munley asked Mr. Jordan if he brought to the meeting a list of the TAd articles and he had this available for her. Mr. Jordan presented a list of Articles that the City Commission reviewed. The Commission instructed staff to review the issues the parties did not agree on, and if they cannot be agreed upon, there would be one more meeting and then they would go from there. Ms. Munley asked if the City was going to declare an impasse and Mr. Jordan stated not today. Ms. Munley stressed in this event she would need to call in a mediator. Mr. Jordan inquired why Ms. Munley wanted to have a mediator for the purpose of interest-based bargaining, when the union has no interest on bargaining some of the issues. Ms. Munley stated this is not the case. She stressed that if they were unsuccessful today, she would like to have someone come in to assist with moving things along. Mr. Jordan pointed out that the City is trying to come to agreement on a contract and wanted to get the issues resolved. Disciplinary Proposal Ms. Munley inquired if the City would be responding to the Disciplinary Article the union presented at the last meeting. Mr. Jordan stated the PPM provides the guidelines for addressing disciplinary issues. He felt that the union's proposal was good, but needed additional work. Ms. Munley requested that the City bring the article back with recommendations. 2 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 Wage Issue Ms. Munley noted that the scores of the performance reviews were not available and, therefore, the wage issue could not be discussed. Mr. Jordan did not think having the scores was necessary for this purpose. Ms. Munley thought the City could manipulate the scores, which Mr. Jordan denied. Ms. Munley opined that anyone who worked during the hurricanes should not receive a score under three because these people worked diligently to keep the City running. Ms. Munley felt the document for performance does not work and the union has pointed this out during the past three years. There was no accountability on the part of the supervisors that complete the performance appraisal forms. The City has all the power to manipulate scores, which is why Ms. Munley wanted to see the scores. Mr. Roberts pointed out at the last meeting, Mr. Jordan stated that 98% of employees received a score between two and three. Mr. Jordan offered to pull the data from last year, but Ms. Munley wanted to see this year's scores. Mr. Jordan had previously informed Ms. Munley he could not have the scores until April 1 st. Ms. Munley felt they needed to regroup. She pointed out the disciplinary article the union presented had a great deal of value and the union has not agreed to use the PPM language. Mr. Livergood recommended going through each article. Union Representation, Collective Bargaining and Union Time Pool With regard to Union Representation, Collective Bargaining and Union Time Pool, the City has expressed an interest to change from the system where the City gives hours to the employees, to having the employees fund their own hours. The City would like all the time spent on union business funded by employees, rather than having the residents pay for this. Mr. Livergood inquired if the union would be willing to accept the City's language. Ms. Munley would have to bring this to the union for a decision. She felt that union business is part of doing business, which resulted from City actions. Grievance and Arbitration Procedures Mr. Livergood noted the City has proposed a new grievance and arbitration process, which is a slight modification to the current language. Ms. Munley inquired about the viability of having a meeting to address arbitration that would involve having the City pay double for an attorney and an arbitrator. Mr. Jordan pointed out if the union decided to arbitrate an issue that the City felt was not arbitrable and it turned out that it was not, this would be at a cost to the union. Ms. Munley pointed out that this has never happened. She has been involved in negotiating 14 contracts and none of them contained this type of language. 3 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 Last year, the parties agreed to a process for grievance and arbitration. Mr. Jordan stated it was the City's intent to limit arbitration issues when it was not certain that an issue was arbitrable. Ms. Munley asked for an example of something that was going to arbitration that the City felt was not arbitrable. Mr. Jordan mentioned the issue involving an employee reimbursing the City for a misplaced radio that has since been recovered. Ms. Munley thought this had been settled. Mr. Smith was unaware the radio had been recovered and no one informed the union. Mr. Jordan equated this to a grievance that never happened. Mr. Smith stated this employee had been informed that he would have to pay for the radio. Mr. Jordan noted this did not happen since the radio had been recovered. Ms. Munley requested that the union be furnished with a letter regarding the found radio. She stated, however, there are other issues that would be going to arbitration. Task Mr. Livergood pointed out what the City is proposing is completely different from the existing language. During one of the negotiation sessions there was discussion regarding overtime. He inquired if the union would be willing to discuss the City's proposal or did the union want to keep the current language. The changes in this article addressed how the City would pay for overtime as it related to task. Ms. Munley responded previously that task was included in the computation of overtime. She was under the impression this was something the union gained last year, but she has since determined that the City always did it this way. She felt they would be giving up something they have had for a long time. She felt that they needed an arbitrator for this issue because the parties are unable to agree on this article. The union does not want to give up the overtime language, but there may be a way to tweak it so that it would still work. Ms. Munley inquired why the City struck the language in Section 15.2.3 on page 29 of the City's proposal that read- "Should the City determine it necessary to schedule a makeup day during a week when a holiday falls, and the makeup day is different than the day the employee normally works, the employee shall receive his hours at double time if the makeup day is on Saturday or Sunday or time and one half if the makeup day is on Wednesday." Mr. Livergood inquired what the difference was between Wednesdays and Saturdays since they are both extra days the employee must work. Ms. Munley responded this was a benefit received in the last contract. Mr. Livergood did not agree with this at the time. This article addresses the way the City handles how employees must make up days in order to provide the best service to the public at the best price. 4 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 Mr. Taylor pointed out they have always provided the best service to the public without ever working on Saturdays. The public was pleased City employees did not work on Saturdays because residents did not want trash trucks making loud noise by coming into their communities on weekends. It has been this way for the past 30 years. If the City wanted employees to work Saturdays, those employees should be fairly compensated. Mr. Jordan pointed out employees working on Saturday receive time and one-half. Whenever a holiday fell on a Friday, in previous years the trash was picked up on Wednesdays. Mr. Livergood felt no matter what day an employee had to work to make up time, it should be at time and one-half. He was opposed to employees receiving double time. Mr. Osborn pointed out in his community, if a pick up day falls on a holiday, the trash is not picked up until the next scheduled time. The City of Boynton Beach has always gone above and beyond taking care of its citizens. Mr. Livergood again asked what the difference was between a Wednesday and a Saturday or Sunday. Ms. Munley pointed out in the previous contract before this one, the make-up day was Wednesday and the City violated the contract by making Saturday the make-up day. Mr. Livergood inquired if the contract stated that employees could not work a Saturday. Ms. Munley stated the contract said make-up days would be Wednesdays only. Mr. Livergood inquired if there was room for middle ground in this article. He felt there was and asked the union if they would be willing to compromise on this article from the existing language. It appeared to the union that the City was trying to take away a benefit it just received and this language resulted from a settlement of a problem under the old contract. Ms. Munley noted Mr. Kruper was not present to address this issue. Ms. Munley did state that she would be willing to consider anything presented, but the union cannot give away benefits it gained. Ms. Munley stated the City could have any day it wanted for the make-up day, but she pointed out there is a value to the union when employees have to give up their weekends to work. Mr. Osborn noted the City is also proposing an employee must work 40 hours to receive overtime. He felt if a person performed his task everyday that week in four hours and was asked to come in on a Saturday to work, the City would not have to pay him overtime even though he performed his task all week. Attorney Pawelczyk responded this was not the intent of the language. Mr. Osborn noted the language in Section 15.1.6 read; "Task workers will be paid overtime for all hours actually worked over forty hours in a seven day work cycle." Attorney Pawelczyk stated this was not the intent of this language. Mr. Livergood responded as an alternative, if employees had to work on their non-standard day, regardless of the number of hours they worked, they would receive overtime. Mr. Livergood's main concern was when the task day was exceeded, employees should not be paid overtime. The City offered to pay overtime for the fifth day. 5 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 Mr. Taylor reported that the only holidays Sanitation employees had off were Thanksgiving and Christmas. All other holidays were worked, regardless of the day they fell on. Mr. Osborn pointed out that Thanksgiving and Christmas Day pick-ups were done on Wednesdays. Mr. Livergood stated if the City were willing to come down from its proposal, would the union be willing to give up the existing language it submitted. Ms. Munley noted that the current language reads, "The City will make every reasonable effort to schedule Sanitation employees assigned to the task system off on all holidays. In this connection, the Sanitation employees who are scheduled off may be scheduled to work on Wednesday of the week in which the holiday falls." Substance Abuse Ms. Munley inquired why this article was labeled "Impasse." Mr. Jordan responded the union wanted to change the current language that applied to other employees that are governed by City Ordinance. Ms. Munley wanted to make sure that employees did not have to stay out of work any longer than what the counselor recommended. Mr. Jordan responded if the counselor stated they could come back to work, then they could come back to work. Ms. Munley would like some type of guaranty of this language. Modification of Conditions This is an important article for the union because they want the Maintenance of Conditions Article to remain in the contract. ./ Rights of Employees - The City felt this language was redundant. The union wanted the language as written and stated the language is the law. The City contends that employees could always look up the law, but Ms. Munley pointed out you cannot rely on employees to look up the law. It is important that the language be clearly understandable to the workers. Mr. Jordan noted the City had provided language in section 3.2 that states, "All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Units." Mr. Jordan pointed out the proposal was presented to the Commission and the Commission directed staff they want the contract wrapped up. Ms. Munley did not want to push the contract and if the City declared impasse next week, the contract could not be wrapped up. Mr. Jordan felt if he could show the Commission that progress is being made, they may be agreeable to this. 6 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 Mr. Osborn asked several times why certain articles were being changed and he was informed staff was directed to do so. Mr. Jordan responded that he has gone back to management to find the answers to Mr. Osborn's questions. Ms. Munley requested to readdress the issue of employees coming back to work after being released from the employee assistance program. Mr. Jordan pointed out employees do not have to be released from the program to come back to work, but only have to be released by them to come back to work. Employees could continue to receive treatment and continue to work. Ms. Munley said there is no language in the contract that addresses an employee who is in the program on an extended stay. She inquired if there is a normal amount of days that an employee would be out of work to participate in the program. Mr. Jordan stated it would depend upon the issue. Ms. Munley would like to keep these employees in a pay status while they are in this program. She wanted assurances that an employee would not lose their home while being treated for an illness. Mr. Livergood felt these types of issues could be addressed. ./ Rights of Employees Ms. Munley felt this could be worked out. Mr. Jordan thought that there was agreement with this article. . ./ Substance Abuse Ms. Munley would like this controlled by a physician and employees out longer than one week would be able to use to their sick and vacation time. ./ Recruitment and Selection The union would like to have a representative sit in on the selection process. Mr. Jordan recommended that both parties make an effort to address the open articles and come prepared to discuss them at the next meeting. Ms. Munley inquired if the next meeting was unsuccessful, would the City be willing to bring in Mr. Escudero? Mr. Jordan was not certain if he could commit to this today. ./ Worker's Compensation Ms. Munley questioned why this article was open. Mr. Livergood requested the union inform the City which articles are important to the union. 7 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 Recess was declared at 2:25 p.m. The meeting resumed at 2:40 p.m. Ms. Munley requested that the meeting scheduled for March 24, 2005 be cancelled. She will be out of town over the Easter weekend and recommended they reschedule a meeting for the end of the month. Ms. Munley asked the City to present the articles they would like to address. Those articles are - ./ Article 8 - Union Representation ./ Article 9 - Collective Bargaining ./ Article 10 - Union Time Pool ./ Article 12 - Grievance and Arbitration Procedures ./ Article 18 - Wages ./ Article 19 - Promotions, Reclassifications, Transfers & Demotions ./ Article 20 - Standby and Call Back Pay ./ Article 23 - Emergency Pay Policy ./ Article 33 - Leave of Absence ./ Article 37 - Recruitment and Selection ./ Article 40 - Uniforms ./ Article 42 - Personnel Files ./ Article 47 - Substance Abuse ./ Article 53 - Collateral Documents ./ Article 54 - Duration Ms. Munley inquired why Article 40 (Uniforms) was important to the City. Ms. Munley further inquired why the City did not bring up Article 14 (Basic Workweek and Overtime) and Article 15 (Task). Attorney Pawelczyk stated the City would like to continue to negotiate these articles and may be willing to move on their position. Ms. Munley responded that all the articles mentioned by the City are important to the union With regard to Worker's Compensation, she felt that this Article could be agreed upon because the law governs it. Mr. Jordan stated that the articles they did not mention, the City feels there is room to work on them. With regard to the articles mentioned, the City wants to remain in its current position. 8 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 ./ Article 40 -Uniforms Ms. Munley pointed out that this article covered a small number of employees that cannot wear the City's standard uniform. Attorney Pawelczyk asked what the problem was with this Article. Ms. Munley thought it had something to do with the City's doctor being able to override an employee's doctor's decision. Mr. Jordan stated it was not an "override," but it was allowing the City's doctor to "verify" the employee's doctor's decision. Ms. Munley inquired if there was a form for this purpose. Mr. Jordan felt this could be accomplished by telephone. Ms. Munley was not in favor of a telephone call. She felt an employee's doctor would not tell the City anything about the employee's physical condition without receiving a signed release. Ms. Munley thought this only applied to approximately 12 employees and questioned why this was such an important issue to the City. Mr. Jordan felt if they agreed to the other articles, this article would become a small issue that could be resolved quickly. Ms. Munley stated she would put together a list of the Union's position to the City's proposals and requested that the City do the same thing. Ms. Munley inquired if the City would be flexible on the articles it presented as having priorities. Mr. Jordan felt that there might be a problem with Articles 8, 9 and 10. The City wanted to remain as close to the language it proposed. The City would be more flexible on other articles. Mr. Osborn inquired how many employees come under the Stand-By and Call Back Pay Article. Mr. Jordan would have to check on this. Mr. Osborn also asked the City to provide the union with the number of employees from foreman on up that drive City vehicles home everyday. Mr. Jordan stated that this question did not apply to the union contract. Mr. Osborn would like to know why the City would take an emergency vehicle away from an employee because they do not live within the City limits. Mr. Jordan will try to comply with Mr. Osborn's request. Attorney Pawelczyk noted that the City negotiates a management agreement with its managers that are terminable at will and have different benefits and different job functions. Mr. Taylor stated that there are other employees who are not managers that take home City vehicles. Mr. Livergood responded that in Public Works no foremen or supervisors take home City vehicles. Ms. Munley noted she put in a public information request for all overtime paid. Instead she received a call from the City that there was information available regarding this request that cost between $400 to $500. She wanted to determine who was receiving overtime that was causing the costs to escalate and whether there were foreman and supervisors receiving all the overtime pay. Ms. Munley noted the response to her request included overtime for all City employees, including the fire and police. She only wanted the names of union members and the foremen and under managers that were receiving overtime. 9 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida March 16, 2005 Mr. Jordan pointed out that foremen are considered exempt management. Ms. Munley disagreed with this statement. Attorney Pawelczyk stated they were exempt from the bargaining unit and Ms. Munley said this was due to their not being organized. Ms. Munley felt it was employees in this category that were causing the overtime costs to escalate and not the employees in the bargaining unit. Ms. Munley was informed that the information she requested has been in the City Clerk's Office ready to be picked up for several weeks. Ms. Munley stated the information in the City Clerk's Office is not what she wanted. She wanted specific information and was furnished with more information than what she wanted. Ms. Munley has since spoken to Ms. Dilcy Hurato in the Payroll Department who told her she would supply her with the information she requested, but she has yet to receive it. Therefore, Ms. Munley will be putting in another public information request for this information. Next Meeting Date: April 1 , 2005, time and place to be announced Mr. Livergood explained that staff had advised the City Commission that the union contracts should be wrapped up in a couple of weeks. The Commission concurred. Ms. Munley said that this was not possible and as soon as the City declared impasse, she would bring a mediator in. Mr. Roberts stated when the City came to the table the threat of impasse was implicated before the negotiations even started. Mr. Jordan asked Ms. Munley where the union stood on Article 18 (Wages). Ms. Munley insisted that she needed to see the performance scores before this article could be addressed. Ms. Munley intimated that the union might bring back a counterproposal for wages. Mr. Jordan responded that the wage proposal presented was what the Commission proposed. Attorney Pawelczyk stated the City would be willing to hear the union's proposal on wages. Ms. Munley would be bringing the union attorney to the next bargaining session. Adjournment There being no further business, the meeting properly adjourned at 3:00 p.m. Respectfully submitted, ~#.H~ Barbara M. Madden Recording Secretary (March 16, 2005) 10