Minutes 02-08-05
MINUTES OF THE BLUE COLLAR AND WHITE COLLAR COMBINED
COLLECTIVE BARGAINING SESSION
BETWEEN THE NATIONAL CONFERENCE OF FIREMEN & OILERS AND
THE CITY OF BOYNTON BEACH HELD ON THURSDAY, FEBRUARY 8,2005
AT 1:00 P.M. IN THE EMERGENCY OPERATIONS CENTER (UTILITIES),
BOYNTON BEACH, FLORIDA
Present
For NCF&O:
For the City:
Call to Order
Sharon Munley, Trustee, Local 1227
Bob Kruper, Union Steward
Skip Lewis, Union Steward
Jim Macintyre, Union Steward
Mike Osborn, Union Steward
John Pagliarulo, Union Steward
Don Roberts, Union Steward
Rick Smith, Union Steward
Mike Taylor, Union Steward
Pam Welch, Union Steward
John Wolcott, Union Steward
Jeff Livergood, Public Works Director
John Jordan, Assistant Director of Human Resources
Michael Pawelczyk, Assistant City Attorney
The meeting was called to order at 10:20 a.m. A sign-in sheet was circulated.
Article 39 - Tool Replacement
The Union suggested the following language for Section 39.3:
"Fleet mechanics shall receive an allowance of $750.00 annually to
purchase new tools that are required for the employee to complete his
assigned task. The City shall continue to purchase all required specialty
tools and replace lost, stolen or broken tools at fair market value. The City
shall purchase and supply all tools necessary to perform all other work
functions."
The Union asked for a list of people who are on the Incident Review Committee
and how an employee goes about being assigned to the Committee.
The City will make the changes and bring to the next session so that both parties
may TA on it.
Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 8, 2005
Article 30 - Holidays
Both sides agreed to TA on this section.
Article 33 - Leave of Absence
The City proposed striking Section 3, which reads:
"The City shall comply with the Family and Medical Leave Act when
granting a leave of absence under this Article."
The Union argued that the language should remain to protect employees. There
was a circumstance in which a long-term employee had a parent in another state
that required constant care. The employee requested leave to care for his parent
but was denied it. The Union believes that if this employee had known that, as a
caregiver, he could have received Family Medical Leave and would not have had
to resign.
The City agreed to retain this section.
The Union did not agree with the City's proposed change for allowing leave
requests to be 30 days when it was previously 1 year and requested this section
remain status quo.
The City reminded the Union that this language is consistent with other Union
Contracts and the PPM.
The City agreed to leave the section status quo.
Article 34 - Unauthorized Absence
Status quo.
Article 38 - Safety and Health
The Union stated that an article needs to be added for White Collar regarding a
shoe allowance.
Mr. Lewis suggested the following language for the Code Enforcement
Department:
"Code Enforcement Officers shall receive work shoes as a part of their
uniform allotment. The shoe benefit shall be the same as Police
Officers/White Collar field personnel."
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 8, 2005
The Union will provide a proposed article to cover the shoe allowance for White
Collar employees that would be inserted in the Uniform Section. They stated that
the General Provision language has been violated and may, potentially, result in
a grievance.
Mr. Jordan requested a list of people who are supposed to have the shoes
provided as part of their Uniform or General Provision sections and will follow up
with those department heads to resolve.
Mr. Taylor reminded the City that they had previously agreed to letting
employees obtain shoes as required, during the negotiation process, and that the
amount spent would be deducted from the amount allotted in the next contract's
allowance. The City would issue a Memorandum of Understanding stating such.
The City proposed keeping the allowance at $175.00 and writing everyone a
check now. The Union opposed stating that it would not be fair, the amount
needs to be bargained. However, the Union proposed allowing the employee to
spend up to $175.00 now and then provide the difference between that amount
and whatever rate the allowance is agreed to in the final version of the contract.
The Union requested that the City bring a Federal Mediator to the Labor
Management discussions in order to facilitate the creation of a proper
Labor Management process. The Labor Management process is a
necessary requirement due to the continuing issues with mismanagement
at the Supervisory level within the Utilities Department.
The City requested time to caucus at 10:59 a.m.
The meeting reconvened at 11 :30 a.m.
The City stated that they will put together a Memorandum of Understanding to be
approved by the City Commission at its next meeting on February 15th for
employees to be paid the $190.00 allowance for safety shoes while the contract
is being negotiated. The Union would not be waiving any of its rights with regard
to any increases that may be negotiated as part of a multi-year contract. The
City would allow the Union to review the memo prior to being submitted to the
Commission.
The City proposed changing the 1st sentence in section 38.2 to read:
"Employees who are in positions as designated by the Safety Committee
will receive a shoe allowance of $190.00 each year for safety shoes/boots
payable once, within 60 days of ratification of this Agreement."
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 8, 2005
Article 40 - Uniforms
The Union requested employees wear a button on their lapel with the Union logo
on it, if the feasibility of wearing a patch on their uniforms is not approved.
Article 42 - Personnel Files
The Union is still preparing verbiage that would list infractions and the penalty
associated with the infraction, as well as the length of time the incident would be
retained in the employee's file.
Articles 45, 46, 47, 48, 49, 50
No changes made.
Article 51 - Modification of Conditions
The City proposed the following language for Section 51.1 :
"Changes to City or Departmental rules and regulations may be made by
the City following thirty (30) days written notification to the Union. When
pre-implementation or impact bargaining is requested by the Union, the
implementation date of the change shall be delayed an additional thirty
(30) days.
The Union requested that this section remain status quo. This would also include
the title, which should remain Maintenance of Conditions, not Modification of
Conditions. The Union argued that any changed to the Agreement would be
handled through Labor Management discussions.
Article 53 - Collateral Documents
The Union did not agree with the City's proposal to strike a portion of Section
53.1 that read:
"... which have been presented to and agreed to by the Union..."
The City proposed other additions to this section, which would then make it read
as follows:
"This Collective Bargaining Agreement does not exist in a void. Provisions
of the City's PPM, APM, Departmental Rules, and other policies
established by resolution or ordinance (collectively referred to as collateral
documents), which have been presented to and agreed to by the Union,
are applicable to bargaining unit members unless the terms of said
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 8, 2005
collateral documents conflict with the terms of this Agreement, in which
case the terms of this Agreement shall controL"
The City proposed added the following section:
Section 53.2
"The City will provide each new employee with a copy of this Collective
Bargaining Agreement at the time of their initial orientation."
The Union requested that all employees are provided a copy of the new
Agreement and any changes to its conditions. The City stated they would
research the cost of printing the document on plain white 8.5" x 11" bond paper.
The Union would, potentially, share the cost of printing.
Also, both parties agreed to move Section 53.2 to Article 52 - Posting of
Agreement and would then be numbered Section 52.3.
Article 54 - Duration
The City proposed the following changes to Section 54.1 :
"... No wage or benefit provided herein is retroactive in nature prior to the
effective date of this Agreement. Wage and benefit levels existing on
September 30, 2004 shall be frozen as of that date and shall constitute the
status quo during any period of negotiations for a successor agreement..."
The Union requested that wages are effective retroactive to October 1, 2004.
They also requested, again, a 3-year agreement.
Unfinished Articles
The following are articles have not been TA'd on:
13
14
15
Union Time Pool
Grievance and Arbitration
Procedures
Disciplinary Appeal & Arbitration
Procedure
Basic Work Week and Overtime
Task Assi nment - Solid Waste
20
Standby & Call Back Pay
12
23
25
26
Emergency Pay Policy
Sick Leave
Workers Com ensation
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 8, 2005
28 Vacation 40 Uniforms
29 Bonus Hours and Bonus 42 Personnel Files
Increases
30 Holida s 51
33 Leave of Absence 52
37 Recruitment and Selection 53
38 Safet and Health 54
39 Tool Re lacement
The Union requested a list of the bargaining unit employees, separated by Blue
and White Collar, who have Compensatory Time on the books and what that
amount is per employee.
The Union requested a copy of all TA' Articles.
Adjournment
The negotiation session ended at 12:23 p.m.
Next Meeting
The next meeting will be on Thursday, February 10 at 9:00 a.m. at the
Emergency Operations Center of the Utilities Department.
Respectfully submitted,
Deanna Ewing
Recording Secretary
(021005)
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