Minutes 11-18-04
MINUTES OF THE BLUE COLLAR COLLECTIVE BARGAINING SESSION
BETWEEN THE NATIONAL CONFERENCE OF FIREMEN & OILERS AND THE CITY
OF BOYNTON BEACH, HELD ON THURSDAY, NOVEMBER 18, 2004 AT 11:00 A.M.
IN CONFERENCE ROOM B, CITY HALL, BOYNTON BEACH, FLORIDA
Present
For NCF&O:
Sharon Munley, Trustee, Local 1227
Bob Kruper, Union Steward
Jeff Mark, Union Steward
Don Roberts, Union Steward
Rick Smith, Union Steward
For the City:
Wilfred Hawkins, Assistant City Manager
Jeff Livergood, Public Works Director
John Jordan, Assistant Director of Human Resources
Call to Order
Mr. Hawkins called the meeting to order at 11 :16 a.m.
A sign-in sheet was circulated and Ms. Munley distributed the Union's counteroffer.
Union's Counteroffer
Ms. Munley explained that if the City did not propose any change to an Article, the Union
also did not propose any change. In other words, those articles would remain status
quo.
The Union proposes that the following Articles would also remain status quo:
· Article 3 - Rights of Employees
· Article 5 - Non-Discrimination
· Article 7 - Union Representation
· Article 8 - Collective Bargaining
· Article 9 - Union Time Pool
· Article 11 - Grievance procedure
· Article 12 - Disciplinary Appeal Procedure
Article 13 - Basic Work Week and Overtime
Ms. Munley noted that the bargaining units have two distinct groups of workers:
sanitation workers and the remainder of blue-collar members. For all blue-collar
members that are not sanitation employees, the Union wants assurances that overtime
was offered on a rotating basis, based upon seniority to those employees who normally
perform the job during their regular work hours.
Meeting Minutes
NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Ms. Munley pointed out that the City deleted the entire Article dealing with time records.
The remaining language was moved to Article 13 and the Union would be agreeable to
deleting the remainder of the Article.
Article 14 - Task Assignment
The Article sets forth the Union's proposal as follows:
"Daily overtime shall be offered to employees on a rotating basis, based
on seniority among the employees who perform the job function. All other
overtime shall be offered to employees who are qualified to perform the
overtime work on a rotating basis, based on seniority."
Wherever this language appears, "This article, effective as of the ratification date by the
Commission, is not retroactive," it has been stricken.
. Article 15 - Work Breaks - status quo
Article 16 - Time Records
The Union is agreeable to strike this Article.
Article 17 - Compensatory Time
The Union is proposing that employees have ninety (90) calendar days to use their time.
Article 18 - Wages - To be discussed
Article 19 -Promotions, Reclassifications, Transfers and Demotions - status quo
Article 20 - Stand By and Call Back Pay
Ms. Munley stated that the Union never intended that employees would pass beepers
around so that they would each receive an hour's pay. This should never have
happened. Language has been added to this Article as follows:
"Should an employee find it necessary to hand off the beeper to another
employee within the same day as he/she was to be on Stand-By, and the
employee has the approval of his/her supervisor to hand-off the beeper,
the employee receiving the beeper shall receive the Stand-by pay for that
day, and not the employee handing off the beeper."
If an employee is on stand-by for the entire week and received a call at 12:07 a.m. on
Sunday night, that employee would not receive this pay until the next pay period. The
Union would like employees to receive this pay in their next immediate paycheck.
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Meeting Minutes
NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Article 21 - Working in a Higher Class
The language has been changed to read, "Employees who work in a higher
classification shall receive a 5% increase in pay." The time period before this would take
effect has been eliminated. Mr. Hawkins felt that this would cause a great deal of
problems for payroll and that timeframes were needed. Ms. Munley stated that if the
work were scheduled for an entire shift, this would avoid a lot of extra work for payroll.
Article 22 - Employees Assigned to Training Duties
The following language has been stricken:
"Incidental training of co-workers with less experience is expected in all job
classifications and is not compensable under this section."
The language needs to be more explicit or totally deleted.
· Article 23 - Emergency Pay Policy - Status Quo
· Article 24 - Certification Pay
The language has been changed to read:
"Employees who currentlv have or who earn EMT certificates shall receive a
one-time 5% wage increase upon earning the certificate."
Article 25 - Sick Leave
Ms. Munley stated that the accounting of employee's personal leave time does not
appear on the pay stub and they would like this information furnished to employees. Mr.
Jordan noted that this information is included on employees' pay stubs. Also, the Union
does want approval of personal leave unreasonably withheld.
· Article 26 - Workers Compensation - status quo
· Article 27 - Light Duty - status quo
Article 28 - Vacation
The Union is proposing that vacation time could be taken in one or more one-half hour
blocks. Also, approval of vacation leave would not be unreasonably withheld. The Union
does not feel that employees should lose their vacation time after a certain period of
time and employees should be allowed to carry unused vacation time in their personal
leave bank.
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NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Also the language has been clarified to read, "Vacation must be requested and
approved or denied prior to the end of the work shift proceeding the time being
requested off."
· Article 29 - Bonus Days and Bonus Increases - status quo
Article 30 - Holidays
The language "If taken, the birthday will be charged as a vacation day" has been
deleted.
· Article 31 - Funeral Leave - Status Quo
· Article 32 - Military Leave - Status Quo
· Article 33 - Leave of Absence - Status Quo
· Article 34 - Unauthorized Absence - Status Quo
· Article 35 - Jury Duty - Status Quo
· Article 36 - Seniority & Layoff & Recall - Status Quo
Article 37 - Job Posting and Bidding
The Union is proposing changes to this Article. They would like to have a period of time
where jobs would be posted in-house before going outside. This would allow employees
to have a first chance on jobs.
Two new paragraphs have been added as follows:
"Paragraph 8 -"In order to be considered for a job, the employee must
pass a practical skills test. The employee with the highest score shall be
awarded the position. Employees shall receive one-half additional point for
each year they have worked for the City and three additional points if they
reside within the City of Boynton Beach. Should the total scores of more
than one individual be equal, the employee with the highest seniority shall
be awarded the position."
"Paragraph 9 - 'When an employee meets the qualifications and skills
testing outlined in the job posting and is scheduled for an interview, a
Union appointed member of the bargaining unit shall participate on the
interview committee."
Ms. Munley pointed out that blue-collar type employees are skilled craftsman who work
with their tools and must be proficient in their jobs. She felt that these skills should be
heavily weighted when considering a person for a job, which does not always happen.
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Meeting Minutes
NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Article 38 - Safety and Health
The Union is requesting that the allowance for sunglasses over the next three years be
increased to $120 this year, $130 the next year, and $140 the last year.
Shoe stipend has been increased to $190 this year, $200 the next year, and $250 the
last year.
The Union would like the City and the Union to jointly participate on the Safety
Committee and the Incident Review Board. They would like an equal number of
bargaining unit members and management appointees. The Committee would vote on
issues and a majority vote of the Committee members would be final and binding. Ms.
Munley did not think that there were any bargaining unit members on the Safety
Committee. Mr. Jordan stated that there are bargaining unit members on the Incident
Review Board.
Article 39 - Tool Replacement
The tool allowance has been increased to $850 annually.
Article 40 - Uniforms
New language has been added to read -
"An employee may wear a City approved alternate uniform when the
employee has a medical condition, certified by his/her physician, which
confirms the employee's condition prevents the employee from wearing
the City issue standard City uniform."
Article 41 -Insurance
"Vision" has been included. Ms. Munley recognized that the City now includes vision
coverage in its insurance package. The City would also pay the full cost of
comprehensive, medical, hospitalization, vision and dental insurance for employees'
dependents.
Article 42 - Personnel Files
They are proposing that discipline actions would not be held against an employee for
more than one year, as opposed to the current two years.
· Article 43 - Tuition Reimbursement - status quo
· Article 44 - General Provisions - status quo
· Article 45 - Dues Deduction - status quo
· Article 46 - Pension - status quo
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Meeting Minutes
NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Article 47 - Substance Abuse
They agree with the City's Ordinance dealing with substance abuse, except they would
like to add the following language:
"An employee who is referred to the City's EAP provider due to a violation
of this policy shall be permitted to return to full employment duty at the
City upon the sole recommendation of the EAP Counselor whether or not
the employee has completed the entire number of therapy sessions
required for the course."
Mr. Hawkins responded that people are responsible for their actions and the City is not
going to tolerate these kinds of behavior. Ms Munley felt that alcoholism is a disease.
The Union feels that if a person makes a mistake for the first time and the City sends
that person to the EAP and EAP recommends that this employee could come back to
work, the Union would like the City to agree to this.
. Article 48 - Probationary Period - status quo
. Article 49 - Longevity Benefit - status quo
Article 50 - Management Rights
The Union agreed to move this language.
. Savings Clause - Status Quo
. Maintenance of Conditions - Status Quo
Article 53 - Printing & Posting of Agreement
The Union would like the City to print a sufficient number of copies for the Union
members, plus an additional twenty (20) copies.
Article 55 - Duration
The term of the contract would be until 2007 and everything would be retroactive to the
effective date of the contract.
Ms. Munley concluded the Union's proposal. Wages will be discussed at a future date.
The City requested time to caucus at 11 :38 a.m.
The meeting reconvened at 11 :45 a.m.
Mr. Hawkins stated that the City needed clarification on some of the Articles proposed
by the Union. The City will be presenting its proposal at the next meeting.
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Meeting Minutes
NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Mr. Livergood stated that the City has no questions on the Articles that the Union has
deemed as status quo.
Article 13 - Basic Work Week and Overtime
Mr. Livergood inquired why the Union feels that the City should do something different
for task employees, as opposed to the remainder of the employees. Ms. Munley felt that
this was needed for the solid waste employees who feel that the overtime pool needed
more people. This is why the Union thinks that task would apply differently to the Solid
Waste Department compared to other departments.
Ms. Munley felt that the remainder of the City employees are happy with the system that
is in place now as to how overtime is assigned. It has always been the unwritten rule
that if a person performs a job in the daytime, that should be the person eligible to
perform the overtime as well.
Article 20 - Standby & Call Back Pay
The City, in its proposal, provided that callback pay would have a certain number of
hours of pay. Ms. Munley stated that they have not proposed any changes to this
Article. Mr. Smith explained if a person was called back to work and worked two hours
and continued to work an additional one minute, the person would be paid for that one
minute worked.
Mr. Smith noted that there are managers who are called back and receive the two-hour
pay, plus time worked. Mr. Livergood felt that the City needed to clarify this so that
everyone received the same treatment. Ms. Munley stated that there are employees
outside of the bargaining unit that are costing the City most of the overtime.
Article 21 - Working in a Higher Class
Mr. Kruper said that there are occasions where people are only allowed to work out of
class for 18 days, before the 20 day period would kick in, to avoid paying that person the
5% for working out of class. The Union is opposed to having a timeframe for paying
people who work out of class. Ms. Munley pointed out that employees must be told that
they need to get this in writing as provided in the contract in order to get paid.
Article 22 - Employees Assigned to Training Duties
Mr. Livergood pointed out that new employees often observe employees to watch how
things are done and considered this incidental training. Mr. Kruper stated that the word
"incidental" should be eliminated because he felt that this was a manipulation tactic not
to pay a person who is training a new employee. Mr. Livergood stated that this is part of
learning a job and a supervisor cannot follow new employees around to make sure they
are learning the job.
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Meeting Minutes
NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Mr. Hawkins stated that there should be employees who are assigned to train new
employees, and they should get paid for this training. Further, Mr. Hawkins stated that
there should be regulations adopted that would apply citywide to the training procedure.
Article 24 - Certification Pay
Mr. Livergood inquired if any current lifeguards received their EMT certification in order
to receive the one-time 5% increase. Mr. Mark stated that all the City's lifeguards have
their EMT certification, even though it is not a prerequisite to the job. Mr. Hawkins
inquired if the City ever hired lifeguards that did not have their EMT certification and was
informed that lifeguards must have first-responder training.
Article 28 - Vacation
Ms. Munley noted that the City's proposal stated that "vacation request must be
requested prior to the end of the work shift the work day preceding the time requested
off and must be approved or denied within thirty (30) days of the date of the request."
Mr. Jordan explained that this is basically a two-part procedure. The employee must
make the request before the day they want to take a vacation and "approvals must be
made within thirty (30) days of the request." Ms. Munley felt that this was doable, but it
needed to be clarified. Ms. Munley stated that this needed to be explained separately.
There needs to be a procedure for a person who requests one day of vacation and
another procedure for a person requesting future vacation time.
Mr. Livergood asked for clarification of the statement "approval of vacation leave
requests must not be unreasonably withheld." If a supervisor denies an employee's
vacation request, they need to justify the denial.
Mr. Kruper noted that there have been occasions where a person has asked for time off
and was denied the request because someone else already had time off. However,
there have been times when the Department was short the entire week because a few
employees in the Department had to play in a baseball tournament. Mr. Livergood
stated that this should not be allowed. Ms. Munley felt that employees should complete
a form in order to keep proper records of requests for vacation time. Mr. Livergood also
felt that a copy of the request should be kept in employees' file.
Article 30 - Holidays
Mr. Jordan referred to the language that stated "employees may take his or her birthday
with notice to their supervisor. Birthdays that fall on a weekend may be taken on Friday
or Monday without prior notice." Ms. Munley stated that this language has always been
in the contract. Mr. Smith stated that there has never been a problem. Employees would
call in and say they are taking the day off. Mr. Jordan will work on coming up with a
uniform form for this purpose.
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Meeting Minutes
NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Mr. Hawkins stated that this practice is problematic for the City and he thought that this
Article needed more defining. The City is growing with more employees, and employees
cannot keep calling in whenever they want a day off. Ms. Munley noted that in the City of
Boynton Beach's proposal all this language had been stricken. Mr. Hawkins responded
that the City took this language out because a birthday would be taken as a vacation
day. The City has 11 paid holidays and a birthday is not a holiday; it is a vacation. Ms.
Munley stated that the wording needed to be changed so that employees would not feel
that they were losing a benefit.
Ms. Munley recommended that employees complete the form at the end of their day
(shift). Mr. Hawkins felt that the departments needed to institute this practice.
Mr. Livergood wished to address emergency vacation days. He stated that if vacation
days needed to be approved in advance, how could an employee take an emergency
vacation day? This could cause problems for the supervisor when preparing a work
schedule. Ms. Munley did not think that this occurred very often and asked how often an
employee might need an emergency vacation day. She suggested giving employees five
emergency vacation days.
Mr. Livergood noted that Public Works has an after-hours phone number for employees
to call in if they are sick and would not be reporting to work the next day. Mr. Hawkins
felt that they needed to come up with some wording that would address various
scenarios since there really is no such thing as emergency vacation days.
Mr. Livergood inquired how an employee would ask for a vacation day at the end of his
shift if there were no supervisor available. Mr. Smith responded that in that case, the
lead person on-call would be responsible. Mr. Livergood inquired if that person had
authority to grant vacation time and Mr. Smith responded that they did. Mr. Hawkins felt
that this was unique to this department that needed to be remedied.
Mr. Hawkins also stated that the City needed to better define how employees should
apply for vacation time and how emergency situations are identified. Mr. Livergood
stated that supervisors have a responsibility to grant or deny vacations in a timely
manner and give their reasons for doing so. It is the employee's responsibility to request
vacation time in a reasonable timeframe so that the supervisor could plan the operation
of his department around his workforce.
Mr. Hawkins stated that in other places where he worked there were clearly defined
parameters and nothing was left up to judgment.
Ms. Munley stated that the Union needed to address the following: (1) people who
worked all night and needed to have emergency vacation; (2) people with real
emergencies; (3) and employees who call in and say they are not coming in. One of her
contracts has language that reads "supervisors may approve vacation with less notice in
emergency situations."
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Meeting Minutes
NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18, 2004
Ms. Munley inquired if each department had a process for calling in and who has the
authority to grant or deny the request.
Article 38 - Safety and Health
Mr. Jordan asked why the Union increased the allowable amount for shoes and
sunglasses. Ms. Munley stated that the increase was due to inflation at the rate of $10
each year. Mr. Mark stated that the average price for a good pair of polarized
sunglasses costs around $175.
Mr. Jordan pointed out that the City now offers Visioncare and employees can now get
glasses on an annual basis, including sunglasses if they are job related. Mr. Jordan will
confirm if this is correct.
Article 39 - Tool Replacement
Mr. Livergood recommended that if employees were reimbursed for their tools, he would
like assurances that employees would maintain a certain inventory of tools. He pointed
out that employees take tools home and then borrow tools from other employees while
at work because they do not bring the tools back to work. He would like employees to
maintain a list of tools that they must have at the workplace to avoid this practice. Ms.
Munley recommended that the City present some language that would address this.
Mr. Livergood stated that the money should be used solely for tools; therefore, he would
like to see the receipts to justify the amount of the reimbursement. The question arose
who would police this.
Mr. Smith pointed out that when employees take jobs that require tools, they have
toolboxes that contain thousands of dollars worth of tools that the City did not pay for.
Mr. Hawkins wanted assurances that employees come to work with the necessary tools
and that those tools were reliable.
Mr. Kruper recommended that a tool truck come to the City on a regular basis for
employees to purchase tools. Employees could be given a receipt for the cost of the tool
that would be submitted to the City for payment up to $850 per year. Ms. Munley will
speak with those employees that need tools to perform their jobs and then discuss it at
the next meeting.
The Golf Course provides tools for their employees and, therefore, reimbursement for
tools would not apply in that case. Mr. Smith stated that Golf Course employees do
bring their own tools to work. Ms. Munley will also check on the Golf Course.
Article 41-lnsurance
Mr. Jordan asked for clarification of the language added by the Union that reads "The
City shall provide this comprehensive coverage without the employees being forced to
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NCFO/City of Boynton Beach Blue Collar Negotiations
Boynton Beach, Florida
November 18,2004
pay a double deductible as a result of changing insurance or insurance carriers." Mr.
Jordan explained that this only applied to employees in the PPO where the deductible
went up from $200 per year to $300 per year when the coverage changed.
Ms. Munley inquired if the Union had any representation on the insurance committee.
Mr. Jordan responded that Debbie Lytle and Cindy Lawson served on that committee.
Ms. Munley requested that Ms. Tina Smith be placed on the committee in place of
Debbie Lytle. Mr. Hawkins would like the union representative to be a steward. He was
not opposed to having union members on the committee, as well.
Mr. Jordan noted that the Union is proposing that the term of the contract be three
years, as opposed to the City's proposal of one year.
WaQes
Mr. Livergood commented that when the City submitted its proposal, it contained a wage
proposal. He asked Ms. Munley when the Union would be presenting their wage
proposal. Ms. Munley felt that they should have something by the next meeting or two.
The Union still has an issue with pay for performance.
Adjournment
There being no further business, the meeting properly adjourned at 12:40 p.m.
Respectfully submitted,
~H.#~
Barbara M. Madden
Recording Secretary
(November 23,2004)
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