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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." 2 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." 3 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 4 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 5 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) 6