Minutes 12-03-04
MINUTES OF THE BLUE COLLAR COLLECTIVE BARGAINING SESSION
BETWEEN THE NATIONAL CONFERENCE OF FIREMEN & OILERS AND
THE CITY OF BOYNTON BEACH HELD ON FRIDAY, DECEMBER 3, 2004 AT
1:00 P.M. IN CONFERENCE ROOM B, CITY HALL,
BOYNTON BEACH, FLORIDA
Present
For the City:
Sharon Munley, Trustee, Local 1227
Bob Kruper, Union Steward
Mike Osborn, Union Steward
Jeff Mark, Union Steward
Don Roberts, Union Steward
Rick Smith, Union Steward
Wilfred Hawkins, Assistant City Manager
Jeff Livergood, Public Works Director
John Jordan, Assistant Director of Human Resources
ForNCF&O:
Call to Order
Mr. Hawkins called the meeting to order at 1 :20 p.m. A sign-in sheet was circulated. The
minutes of November 18 and 23 were reviewed.
Ms. Munley gave Mr. Hawkins a Union Counter-Proposal on Article 13, Basic Work
Week and Overtime, Article 15, Work Breaks, and Article 28, Vacation.
Blue and White Collar Units
Ms. Munley advised of a meeting held the night before with the Blue and White Collar
bargaining units. The Blue Collar contract was reviewed and with only few exceptions,
the White Collar unit was agreeable to the Blue Collar language. Ms. Munley asked if the
White Collar unit could be brought in along with the Blue Collar unit at the next
bargaining date. The Union did not want to talk about wages until the White Collar was
in attendance. Mr. Hawkins preferred to dedicate the next meeting to the White Collar
bargaining unit by itself. This was unresolved and will be discussed later.
Article 13, Basic W ork Week and Overtime
Ms. Munley referred to the Union's first proposal from November 18 on this article. The
language she submitted to the City today was revised. A new section, section 9, was
added regarding payroll errors. The Union wanted these errors corrected and the money
given to the affected individual within 48 hours of his or her bringing it to the manager's
attention. The mutual responsibility for responding to payroll errors was discussed
briefly.
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Meeting Minutes
NCF&O/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3,2004
In discussion it was discovered that not all payroll clerks (or people acting as payroll
clerks for a department) were having the employees sign off on the payroll before it was
submitted to Finance. All agreed that having this done would go a long way towards
eliminating payroll errors. Mr. Hawkins did not disagree with the intent of Section 9, but
believed that the language needed some work.
Article 15, Work Breaks
The Union presented new language to the City reading, "Employees who work through
their lunch period shall be paid at time and one half for the lunch period time
worked each day or be allowed to leave early during the week one and one-half
times the actual time worked through the lunch period(s) regardless of the number
of hours actually worked in the week." Ms. Munley stated that they wanted this or to be
able to leave 1.5 hours early. Mr. Hawkins thought that this is what they should say if that
was what they wanted.
Mr. Hawkins said that if management asked an employee to work through his lunch
break, the employee should get time and a half for that time period. He suggested that this
issue be put in a separate article. Ms. Munley will work on the language.
Mr. Livergood wanted to clarify work breaks from the standpoint of Public Works. He
wanted confirmation in the bargaining contract about who receives what. The language
in Section 1, "Employees shall receive.. ,," was not optional and would apply to everyone
in the unit. They had initially tried to have Solid Waste employees take a break and the
argument against that was that Task was treated separately. In his opinion, if Task were
to be treated separately, and was in conflict with anything else in the agreement, it needed
to be specifically mentioned. If something did not apply to Task in the Labor Agreement,
it needed to say so, throughout the Agreement. Otherwise, it would apply. All parties
understood with Mr. Livergood's comment. Ms. Munley offered to go through the
contract and say what applied to Task employees and what did not.
Mr. Livergood did not believe that an employee should be in a truck for upwards of ten
hours without taking a lunch break. That was a safety issue for the employee and the
public with whom he came in contact. Mr. Kruper felt there was plenty of time to take a
lunch break while sitting in line at the dump. Policing this was seen to be a problem by
both sides.
Ms. Munley inquired whether the City had ever had a safety problem that could be
attributed to a lack of work breaks. Mr. Hawkins responded that the City was being
proactive; however, they had employees who had accidents.
Ms. Munley stated her belief that drivers of public transportation buses did not take lunch
breaks and they were transporting people. She thought that there was too much caution
being expressed.
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NCF&O/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3,2004
Ms. Munley suggested language such as, "Employees MAY take a half hour rest period
and that would be included in the Task Assignment - a person would not have to work a
half hour over. The issue on the Union's side was that people were working past a ten-
hour shift and not getting paid overtime since the manager was deducting a half hour pay
for a lunch break that they were not even taking. Ms. Munley then suggested,
"Employees MA Y take two fifteen-minute breaks or put those breaks together..." Mr.
Kruper said that this was being done now and had been since he had been at the City.
Article 28, Vacation
The Union's counter proposal on this article said, "Vacation shifts of three shifts or less
must be requested and approved or denied prior to the end of the work shift preceding the
time being requested off. Vacation requests of four shifts or more must be requested and
approved or denied 48 hours prior to the time being requested off. Employees shall be
allowed to take up to 40 hours of emergency vacation leave annually, without explanation
to their supervisor."
Ms. Munley stated that the City's proposal called for approval or denial of vacation
requests in 30 days, and she felt this was much too long.
In the emergency vacation leave, the intention on the part of the Union was not to have to
explain the reason for the leave. This is because the Union did not want management
deciding whether the employee requesting emergency leave really had an emergency.
Mr. Hawkins confinned with Ms. Munley that the emergency leave 40 hours would be
coming out of the vacation to which the employee was already entitled, but that he or she
did not have to justify or explain the reason for taking it.
The method of notice and timing of it (to the manager) on requests for leave was
discussed. It did not seem to the City that an answering machine request for time off was
appropriate.
After discussion, Mr. Hawkins agreed to the 40 hours of personal time as requested. He
wanted, however, hourly increments and was not interested in increments less than that.
In regard to the emergency leave requests, Mr. Livergood suggested language as follows:
"Such leave shall be acknowledged by the supervisor in advance of the nonnal start time
for the employee's shift." The Union agreed that it was only fair to notify your supervisor
before your shift that you would not be coming in. He was not in favor of answering
machine notifications. The issue of supervisors not answering their phones was a
problem. Mr. Hawkins stated that the Union had the City's word that this would be
fixed. He would not tolerate supervisors not answering their phones. Someone in a
department had to be willing to be awakened at 3:30 a.m. if necessary for this purpose.
Possibly more than one person would have to be designated as the department contact
point.
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NCF&O/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3,2004
Since a time/date stamp was applied to answering machine calls, it was envisioned that
an employee could possibly leave word on the machine.
The City will develop language with an A and a B choice for employees to notify their
supervisors. A joint written procedure had to be developed and agreed to by both parties.
Tentative Agreement Issue
Mr. Hawkins raised a concern with the concept of Tentative Agreement to articles. He
stated that the way this was interpreted the previous time to mean that the articles were
finalized, and he did not want to run into that issue again. Ms. Munley said that the
parties could agree about this. Normally, articles given tentative agreement were final
unless the parties agreed to go back to them for a particular reason.
Mr. Hawkins wanted to establish an understanding that as long as the negotiations were
still underway, language could be brought back up for future discussion. He understood
that when the negotiations were completed and the agreement had gone out for
ratification, there could be no changes. Ms. Munley did not agree with this concept and
said that if they had that, either party could do it and the negotiations would never be
concluded.
Both parties agreed that before finalization, all parties should be brought together to
finally agree to the language in each article.
Mr. Hawkins wanted to call it "Accepted Language" instead of "Tentative Agreement."
Ms. Munley referred to "447" and stated that she believed it had language stating that the
parties were required to tentatively agree on specific items.
Ms. Munley stated that the word "tentative" implied the ability to change. Both parties
agreed that either party had a right to change the language in any given article to which
T.A. had been given, as long as the negotiations were still ongoing and it was prior to
ratification.
One Contract with White Collar Section
Ms. Munley suggested that having one contract covering both bargaining units could
work, with a separate section pertaining only to the White Collar workers.
Mr. Livergood noted that the Union had not responded to a number of the articles in the
City's proposal and he asked if the City could assume that there had been no change from
the Union's last submittal. Ms. Munley said the City could probably assume that. At the
meeting the night before, there was some movement and those articles were presented to
the City at this meeting. The Union was also ready to talk Wages. The Union wanted the
White Collar bargaining unit in the room when Wages were discussed. Mr. Hawkins
wanted the bargaining sessions to be separate - Blue and White. Ms. Munley thought that
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NCF&O/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3, 2004
Benefits, Vacations, Holidays, Uniforms and Wages were common and should be
discussed jointly. Mr. Hawkins agreed that Wages and Benefits could be conducted at the
same time, but not other articles. Agreement was reached that at the next meeting,
Vacation, Holidays, and Wages would be discussed in the presence of the Blue and White
Collar bargaining units.
Tentative Agreement on Specific Articles
Both parties gave Tentative Agreement (T.A.) to the City's language in these articles:
Working in a Higher Class, Article 21; Employees Assigned to Training Duties, Article
22; Military Leave, Article 32; Jury Duty, Article 35; Tuition Assistance Program.
Insurance
Ms. Munley mentioned that they were close on some other articles, especially Insurance.
She asked why the City had stricken "Hospitalization." Mr. Jordan explained this and Ms.
Munley was not comfortable with deleting the word. Mr. Hawkins reiterated that the
coverage included hospitalization. She asked that the word be left in.
Uniforms
The City asked for a second opinion, a verification of the diagnosis, if an employee's
physician declared that an employee was unable for physical reasons to wear the City's
uniform. The Union did not want the City's physician to be able to overrule the
employee's physician. Mr. Hawkins declared that the City would not accept a
prescription note pertaining to a diagnosis. The doctor would have to actually fill out a
form. An incident occurred in which a doctor's note was presented, but it was determined
that the doctor had not signed it, the nurse had signed it.
This was acceptable to Ms. Munley. Mr. Hawkins asked that the language be changed to
reflect, "...on a form prescribed by the City." The City will devise a form a present it to
the Union for their concurrence.
The City needs to keep a larger supply of hats and get the workers jackets with a zip-out
lining.
Tool Replacement
The current allowance is $750. There was discussion about the current contract being
silent as to when it was paid. Some employees were reportedly paid incorrectly. Ms.
Munley suggested that the Union discuss this off line. The City wanted to do this on a
reimbursement basis so it could justify to the public that the money actually went to tools.
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NCF&O/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3,2004
Safety & Health Article
The Union wanted to have the sunglasses allowance increased to $150, especially for the
lifeguards who needed to be able to see under water. Mr. Hawkins thought that it would
be possible to get very adequate sunglasses for much less than that. Mr. Jordan will check
into the deal that the Police supposedly have with Oakley on sunglasses.
Ms. Munley suggested raising the sunglasses allowance to $135. It would be paid out six
days after ratification. The shoe allowance would go to $190. The City had stricken the
part about more shoes for the sanitation workers, water plant operators, and meter
readers, and she asked why. Mr. Livergood believed that it was more safety shoes and not
regular shoes. She wanted that language kept in the contract.
A lengthy discussion about the shoe allowance ensued. On of the options mentioned was
a $240 shoe allowance for the workers in the section stricken by the City (sanitation
workers, etc. as listed in the previous paragraph). The Union wished to have all shoe
allowances paid within six days of contract ratification.
Mr. Livergood quantified the situation by saying that about a dozen people came in
during the year to ask for extra shoes.
Mr. Hawkins proposed a shoe allowance of $190 with an option to get more twice a year
upon return of the old shoes for the individuals in the groups mentioned. Mr. Hawkins
further proposed that the replacement shoes would be for the exact same shoe that was
purchased originally.
The City will re-write this language and present it to the Union.
The parties took a break at 3:09 p.m. The meeting resumed at 3:25 p.m.
Grievance Procedure (Form)
Mr. Hawkins asked Ms. Munley if she had received the City's new proposal on the
grievance form. Ms. Munley said she had received it. Mr. Hawkins commented that this
still needed to be closed out.
Holidays
Ms. Munley asked to move the section stating that a person's birthday was really a
vacation day and move it to the Vacation article, as opposed to striking it. Mr. Hawkins
was agreeable to that, but felt that the employee could take his or her birthday as a
vacation day, period. Ms. Munley asked if this included "without prior notice." A
vacation day still has to be approved, but it would fall under the new language of "if
requesting time off of less than three shifts, it could be asked at the end of the work day
prior to the time being requested." Mr. Livergood suggested language stating,
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NCF&O/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3,2004
"Employees shall be allowed to take birthdays off and the day shall be charged as a
vacation day, subject to all rules regarding vacation times referenced in Article 28." Ms.
Munley agreed.
Vacation conflicts were discussed - two employees could approach the supervisor, one
with a regular vacation request and one with a request for which they had already made a
commitment (cruise tickets for example). Mr. Livergood felt that the supervisor and the
employee with the cruise tickets should make an agreement ahead of time pertaining to
what would happen if the City had an emergency that required the employee's services.
Trip cancellation insurance was suggested. This item was left open.
Bonus Day
Ms. Munley stated that the Union did not want to "do the 8 hour thing." The Union
wanted people to get what they had always gotten.
Mr. Hawkins suggested saying, "you would receive a bonus day based on your shift
hours." If you work a ten-hour shift you would get a ten-hour bonus day and the same for
an eight-hour shift.
According to Mr. Livergood, the point was to reward employees who did not abuse sick
time.
Regardless of whether a person gets 32 hours a year (8 hour employee) or 40 hours (10-
hour employee), they are still getting one day off.
Light Duty
Ms. Munley asked why the City had made a change about light duty. She did not
understand why the City wanted the sole discretion of deciding whether an employee was
able to do a certain job without risk of further injury. She felt that the doctor's note
should be the governing principle. If an employee was following the instructions in the
doctor's note or certificate, there should not be a problem.
Mr. Kruper said that some people could hurt themselves outside the line of work and
work on light duty and others could not. Mr. Hawkins stated that the City sometimes did
this (offered light duty positions to persons injured off the job), but it was not required to
do so.
There was a difference between Workers Comp and private injury and Mr. Hawkins
thought that it might require two separate sections in the contract. The City would take a
look at this.
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NCF&O/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3, 2004
Wages. Article 18
Ms. Munley stated that the Union would like:
~ 3% on market adjustment
~ 5% on passing evaluation
~ Re-development of Pay for Performance instrument
~ Quantitative goals to be established at beginning of performance period
~ A 3-year contract
~ If a salary survey were done, implementation would be negotiated
The point of quantifying the goals was to let each employee know how he could get the
best possible raise, specifically, tied to his work product. The re-development of Pay for
Performance was at the peak of the Union's priorities.
Ms. Munley stated that everyone had a two-tier system: market adjustment and merit.
The merit piece needs some work. The workers were not happy and were demoralized.
Mr. Livergood asked if the market adjustment at other places was based on actual market
conditions and salary surveys. Ms. Munley said the market adjustment runs at 3%. The
merit is normally 0 - 5%, except in Palm Beach Gardens, where the figure is 10%.
The Union wanted to have the money locked in because if the City did not fix the
performance evaluation system, the workers would at least come out of it with the money
they needed.
The City mentioned that it was doing a salary survey in January. Ms. Munley said that
when she was given the City's wage proposal, she was not told about the survey.
Mr. Livergood asked if the City could index the increases to the increase given to the
taxpayers in property or user fees. He asked how the Union proposed that the City pay for
the increases it was seeking. Eighty per cent of the City's expenses were labor. The
property taxes were limited to a 3% increase each year by State law. The City was not
going to raise the property taxes 8.15% or the water rates by 8.15%.
Ms. Munley asked the City to offer a counter proposal.
Mr. Hawkins said that it must be understood that the philosophy of the Commission was
not to raise taxes. The City had not raised the ad valorem tax rate in this City for the past
eight years. They did a rollback the previous year, in fact. Ms. Munley thought that the
property values were rising and this would help. Mr. Hawkins referred to the 3% cap per
year. The valuation of the properties in Delray Beach was much higher than that of
Boynton Beach due to the beach property in Delray Beach. Just because property values
rise, it does not mean that the City will collect more property taxes.
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NCF&O/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3,2004
When the salary survey comes back, the Commission can see how Boynton Beach stacks
up against other cities and where it needs to be in certain job classes. The Commission
will have to decide, based on this infonnation, how it wants to pay people. The
Commission wanted to hire 10 new Police officers and add a fifth fire station.
Mr. Livergood said that the solid waste division wanted to stay in business. People
already complained that garbage pickup was more expensive in Boynton Beach than in
surrounding towns. An 8% increase in salaries would translate to a $10.50 residential rate
for solid waste. While he wanted to see employees paid well, he thought everyone should
remember where the money comes from to pay people.
Ms. Munley said if they had the money they asked for and a 3 year-contract, perhaps the
City could make adjustments in salaries after the salary survey had been reviewed.
Mr. Hawkins said the City would come back with a counter offer. The City just wanted
the Union to understand that it was not that simple, and Ms. Munley acknowledged that
she understood.
Pay for Perfonnance Discussion
Mr. Jordan mentioned that a program had been put together. The Union wants to be
involved in it. Mr. Jordan said there were some Union people that participated in this. A
manager told Bob Kruper that if some progress were not made, he was going to stop
going to the meetings.
Mr. Hawkins thought that success with Pay for Perfonnance was largely a training issue
with the managers. He did not, however, want to "throw the baby out with the bath
water." He sought agreement on mutually finding ways to change Pay for Perfonnance to
make it work.
Some members related "war" stories of their perfonnance evaluations and their managers
and their managers' attitude toward them and their appraisals and about the appraisal
process in general. Supervisors were still telling people they could not get a "4."
Tentative Agreement
Tentative agreement was reached on Working in a Higher Class, Employees Assigned to
Training Duties, Military Leave, Jury Duty, and the Tuition Assistance Program.
The comment was made that if meetings were cancelled, especially on the City's side, all
participants needed to be infonned in a timely fashion.
There being no further discussion, the meeting duly adjourned at 4:33 p.m.
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NCF&OICity of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
December 3, 2004
Respectfully submitted,
SlA.SAN COLLINS
Susan Collins
Recording Secretary
(12/6/04)
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