Minutes 02-03-05
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 3, 2005
AT 1:00 P.M. IN THE EMERGENCY OPERATIONS CENTER (UTILITIES),
BOYNTON BEACH, FLORIDA
Present
For NCF&O:
Sharon Munley, Trustee, Local 1227
Bob Kruper, Union Steward
Skip Lewis, Union Steward
Mike Osborn, Union Steward
Don Roberts, Union Steward
Rick Smith, Union Steward
Pam Welch, Union Steward
John Wolcott, Union Steward
For the City:
Jeff Livergood, Public Works Director
John Jordan, Assistant Director of Human Resources
Michael Pawelczyk, Assistant City Attorney
Call to Order
The meeting was called to order at 1 :20 p.m. A sign-in sheet was circulated.
City's Counteroffer
Article 25 - Sick Leave
The Union proposed the language in Section 25.1 to read:
"...If an employee fails to call in within the specified time, the employee
shall be subject to progressive discipline... ,II
The City proposed changing Section 25.7.2 to read:
"Sick leave exceeding 3 consecutive work days requires medical
certification on return to work."
The City stated that providing medical certification after being out sick for 3 days
has always been the practice but not required as part of the existing contract.
The Union opposed this language arguing an employee is not necessarily able to
see a physician within the first 3 days of being ill.
Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
The City proposed changing Section 25.2E to read:
"Employees who do not have enough vacation time to use for the total
amount of emergency cash-in of vacation may consider including sick
leave hours. Under the terms of this provision, sick leave hours may be
paid (in cash) to an employee for extraordinary circumstances of hardship.
Sick leave cash-in will be calculated at 50% of the employee's hourly rate.
The total amount of vacation and sick hours may not exceed 90 hours and
vacation hours must always be used before sick hours. Payment for sick
leave hours may only be granted if the employee has the amount of sick
leave credited to his/her leave account. The employee must retain a
minimum of eighty (80) sick hours on the books. A request must be made
in writing outlining the emergency and the number of hours requested.
This request must be submitted to the Human Resources Director on the
appropriate form. A committee comprised of the City Manager, Finance
Director and Human Resources Director will then review the request and
approve the requested hours in total or modified as they see fit. At the
discretion of the City Manager, the time limit rule may be waived if there
are exigent circumstances. Denial of sick leave pay will be made in
writing stating the reasons for the denial. Employees may take advantage
of this provision once during each year of this agreement."
The Union did not agree with the 50% payout citing that it is time that belongs to
the employee and is only paid out for extraordinary circumstances. They
requested the existing language remain status quo, that the payout should be
100%, with a sentence added that reads as follows:
"Any cash-out of vacation and sick must begin with vacation cash-out
first."
The Union confirmed that the employee should retain no less than 40 hours
vacation time on the books.
The City proposed striking the existing language for Section 25.7.2 and
substituting the following:
"Sick leave exceeding 3 consecutive work days requires medical
certification on return to work."
The Union did not agree with the 3-day timeframe and suggested the following
verbiage:
"Sick leave exceeding 4 consecutive work days requires medical
certification within 72 hours of returning to work."
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
Article 26 - Workers Compensation
The City proposed to strike the 2nd paragraph in Section 26.2, citing that
employees were assuming they would automatically receive a 3-month
extension, which is not true.
The Union suggested changing adding the following language:
"At the end of the three months, or sooner, the employees who have
continuing serious medical conditions or require surgery, shall have this
salary supplement continued for up to an additional three months."
The City stated that requiring surgery would need to be changed to "major
surgery" .
The City stated that the language they suggested was done so at the direction of
the Risk Manager. Mr. Jordan would confer with the Risk Manager to find out the
reasoning behind it.
Article 27 - Light Duty
Section 27.1 - The City proposed the following language:
"Employees who have injuries which prohibit them from performing their
regular assignments may return to work and perform light duty when there
is light duty work available and the City has determined, in its sole
discretion, that the employee is able to perform the work without risk of
further injury. The City is under no obligation to create light duty work. If
there is no work available, the employee will remain on the sick leave
status until he/she has a full release to return to work from his/her doctor."
The City clarified that this Section does not apply for anyone on Workers
Compensation leave.
The Union opposed the phrase "sole discretion". Both sides agreed to removing
the phrase and TA'd on this section.
Article 28 - Vacation
The Union requested the City shift some of the verbiage within Sections 28.4 and
28.5. Those sections will now read:
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
Section 28.4
"Vacation requests of three (3) shifts or less must be requested and
approved or denied prior to the end of the work shift the work day
preceding the time requested off. Vacation requests of four (4) shifts or
more must be requested and approved or denied forty-eight (48) hours
prior to the time requested off. Advanced vacation requests must be
approved or denied within thirty (30) days of the date of the request."
Section 28.5
"Employees shall be allowed to take up to twenty-four (24) hours of
emergency vacation leave on an annual basis. The employee shall notify
the Supervisor no less than one-half (1/2) hour after his/her normal
workday begins, in accordance with the published Departmental Call-In
Procedure."
The City acknowledged that they are in the process of writing a call-in procedure
manual that would outline, by department, step-by-step instructions for the
employees and supervisors to follow in the event the employee should need to
call in their inability to report to work. This document will standardize procedures
and make it clearer for employees and supervisors to process call-in hours.
The Union requested this manual be reviewed and approved within a labor
management setting.
The Union requested the notification time in Section 28.8 be changed to one-half
(1/2) of their normal shift time. This is consistent with the notification time as
agreed to in Article 25 - Sick Leave.
The Union requested that the verbiage in the 2nd sentence of Section 28.7.2
should read:
".. .Sick leave hours cash-in will be calculated at 100% of the employee's
hourly rate... Any cash-out of vacation and sick must begin with vacation
cash-out first...."
The Union requested time to caucus at 2:47 p.m.
The meeting reconvened at 3:13 p.m.
Article 29 - Bonus Hours and Bonus Increases
The City clarified that the title of the article should be changed to read Bonus
Hours and Bonus Increases (from Bonus Days and Bonus Increases).
The Union proposed to change the wording in section 29.1.1 to include the
following:
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
"...shall receive an eight (8) hour bonus day or a day equivalent to shift
hours (whichever is greater) for continuous attendance..."
Article 30 - Holiday
The City clarified that the 2nd sentence in Section 30.1, referencing an
employee's birthday, has been moved to Article 28 - Vacation.
Article 31 - Compassionate Leave
The City proposed Section 31 to read as follows:
"In the event of the death of the mother, father, child, foster parent, foster
child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-
in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular
employee, the employee shall be entitled to paid compassionate leave not
to exceed three (3) consecutive workdays for anyone death. However, if
it is necessary for the employee to leave the State in connection with the
interment of the deceased, five (5) consecutive workdays shall be allowed.
Employees must submit proof of death in order to be eligible for this
article. The City Manager may grant additional leave under this section
when he/she deems it appropriate."
The Union asked to add "step-parents" and "step-child" to the list. The City cited
that step-parent, step-grandparent, and step-child are considered inclusive of
parent, grandparent, and child, respectively.
Both sides agreed to the changes and TA'd on this section.
Article 6 - Non-Descrimination
Both sides agreed and TA'd on this section.
Article 24 - Certification Pay
The City made the change to Section 24.2 to read:
"... Employees who currently have or who earn EMT certificates shall
receive a one-time 5% wage increase upon initially earning the
certificate.. ."
Both sides agreed to the change and TA'd on this section.
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
Article 32.0 - Military Leave
Previously T A'd.
Article 33 - Leave of Absence
The City proposed the following language for Section 33:
Section 33.1
"A regular employee may be granted leave of absence without pay for a
period not to exceed six months for sickness, disability or other good and
sufficient reasons that are considered to be in the best interest of the City.
Requests must be in writing. A leave of absence without pay of up to 30
calendar days can be approved by the employee's Department Head and
the Human Resources Director. A leave of absence in excess of 30
calendar days must be approved by the City Manager. Employees that
are on approved leave of absence without pay will be responsible for
paying all their benefit premiums, e.g. insurance, etc."
Section 33.2
"Leave of absence without pay will not be granted in order to accept
employment with another employer. If granted, leave of absence without
pay may subsequently be withdrawn and the employee recalled to service.
All employees on leave of absence without pay are subject to applicable
provisions of these rules. There will be no accrual of sick leave, vacation
leave or seniority during a leave of absence without pay exceeding 30
days."
The Union agreed to Section 33.2. They did not want to change the length
allowed for leave from one (1) year to six (6) months as defined in Section 33.1.
The City clarified that the verbiage presented is in consistent with the other Union
contracts and the PPM.
The Union requested language be added to Section 33 stating an employee may
be granted leave, with pay, to work for the Union. The Union would reimburse
the City for the employee's pay. The Union will present more formalized
language stating such.
Article 34 - Unauthorized Absence
Status quo.
Article 35 - Jury Duty
Previously TA'd.
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
Article 36 - Seniority, Layoff & Recall
In Section 36.3, the City struck the word "outsourcing", which makes the section
status quo.
Both sides agreed to the change and TA'd on this section.
Section 37 - Recruitment and Selection
The Union requested to review this section at the next meeting.
Article 38 - Safety and Health
The City proposed the following change to the 2nd sentence in Section 38.1 :
"In addition employees shall receive an allowance, by December 1st of
each year, for the purchase of specialty sunglasses of $120.00 per fiscal
year."
The last sentence in Section 38.1 was stricken.
The Union asked if there could be one contract with sections
titled White Collar Working Conditions, Code Enforcement
Working Conditions and 911 Working Conditions. Mr.
Pawelczyk stated that he would research the legality of doing
such. Both sides understood that all employees affected by this
change would need to approve it by majority vote.
The City proposed the following change to the 1st sentence in Section 38.2:
"Employees who are designated by the Safety Committee will receive a
shoe allowance of $190.00 each year for safety shoe/boots payable once,
within 60 days of ratification of this Agreement."
The Union asked that a shoe allowance be added for White Collar employees, for
those employees who are required to wear a uniform. The Code Enforcement
employees are required to wear a black shoe, which is not a safety shoe.
Currently, they are not reimbursed for them, but should be. The Police and Fire
Departments have this as a uniform benefit. The Union argued that the Code
Enforcement employees are a part of the Police Department, and should be
provided the same allowance.
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
The Union also asked for a varying allowance to a multi-year contract wherein
the first year would allow a $190.00 reimbursement and years two and three
would allow a $200.00 reimbursement. The City stated they would be willing to
do that if they were proposing a multi-year contract, but they are not.
The City proposed the following language for Section 38.3:
"The Union may participate on the Safety Committee and the Incidental
Review Committee." (The City clarified that "Incidental" should be
changed to "Incident".)
"Employees in Sanitation who provide Re-cycle, Rear Loader and
Vegetation services, and Water Utilities employees who are Meter
Readers, Water Plant Mechanics and Operators may require more shoes
each year than the allowance will cover. In this event, the employee must
present the worn shoes and original receipts for shoe purchases in the
fiscal year totaling more than the shoe allowance provided in Section 38.2
to his Supervisor to receive approval prior to the City purchasing the
employee an additional pair of shoes."
The Union asked that the City notify all employees in writing regarding this
change.
Article 40 - Uniforms
The City proposed the following addition to the end of Section 40.2:
"Only City issued hats and jackets may be worn while on duty, inclusive of
breaks."
The Union requested a heavy weight jacket to wear as part of the uniform. Mr.
Jordan stated that he has sourced a fleece liner for the existing jackets that will
be ordered. He also mentioned that hats are in short supply and they are
working towards rectifying this situation.
Ms. Munley asked if the City would reimburse employees to have a Union logo
patch sewed onto their uniform for any employee who would like to wear a Union
logo. At a minimum, the Union would like to have the Union Stewards display the
Union logo on their attire. The City stated it would research the feasibility of this
request.
The City proposed the following language for Section 40.9:
"An employee may wear a City approved alternate uniform when the
employee has a medical condition, as identified by their physician and
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NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
certified by a City appointed doctor, which condition prevents the
employee from wearing the standard department uniform."
The Union opposed this language but the City ar~ued that this verbiage had
been agreed to at the meeting held on December 10 .
The City suggested that the phrase "their physician" should be changed to "the
employee's physician" and "certified" should be changed to "verify". "Subject to
verification by a City appointed doctor, as determined by the City."
The Union argued that this infringes upon an employee's rights as defined by
HIPPA, citing that an employee's doctor would not release or verify any
information regarding the employee to the City's appointed doctor. The Union
has a bad taste in its mouth because the City previously distributed within the
City a list of employees requiring alternate uniforms and the medical condition
associated with the requirement.
Article 41 -Insurance
Both sides agreed to TA on this section.
Article 39 - Tool Replacement
The City proposed striking "Golf Course" mechanics from Section 39.3. The
Union opposed this stating that those mechanics are required to provide their
own tools. The City argued that the Golf Course employees are not require to
provide their own tools and had verified this information with the Department's
Supervisor. Therefore, an allowance for those employees would not be
appropriate. The City will re-verify this practice with the Golf Course.
The Union requested that language be added to Section 39.2 indicating the
Incident Review Committee would determine if an employee had been negligent
in the loss or destruction of a City provided tool. This Committee should be
weighted fairly with an equal number of Union employees and City
representatives. The Union suggested that the last sentence should read:
"In the event that the employee was negligent, as determined by the
Incident Review Committee, the employee shall be responsible for the
replacement of the stolen tools."
Article 42 - Personnel Files
The City proposed striking the last sentence in Section 42.1 , which reads:
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Meeting Minutes
NCF&O Blue and White Collar Bargaining
Boynton Beach, Florida
February 3, 2005
"Prior to disciplinary actions, beyond a two year time frame, recorded on
the employee personnel file that are not pertinent to the particular action
being considered, shall not be referred to in any current disciplinary
action."
The Union proposed inserting a list of misconduct infractions and the penalty
associated with each infraction. It would also list the length of time the infraction
would stay in the employee's personnel file for future consideration.
The City agreed, citing it would serve better in the Disciplinary section. The City
will provide the Union with the newest PPM Disciplinary article for the Union to
use as a guide in drafting verbiage for the Disciplinary section.
Adjournment
The negotiation session ended at 4:43 p.m.
Next Meeting
The next meeting will be on Thursday, February 8 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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