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Minutes 01-27-06 MINUTES OF THE BLUE COLLAR COLLECTIVE BARGAINING SESSION BETWEEN THE NATIONAL CONFERENCE OF FIREMEN & OILERS AND THE CITY OF BOYNTON BEACH, FLORIDA, HELD ON FRIDAY, JANUARY 27, 2006 AT 3:30 P.M., IN CONFERENCE ROOM B, CITY OF BOYNTON BEACH, FLORIDA Present: For the City of Boynton Beach Wilfred Hawkins, Assistant City Manager Sharyn Goebelt, Director of Human Resources John Jordan, Assistant Director of Human Resources Bobby Jenkins, Assistant Director of Finance For NCF&O Sharon Munley, Trustee, Local 1227 NCF&O Rick Smith, NCF&O Michael Taylor, NCF&O Mike Osborn, NCF&O Don Roberts, NCF&O Call to Order The bargaining session opened at 3:36 P.M. Self-introductions were made and a sign- in sheet was circulated and given to the Recording Secretary for inclusion with the records of the meeting. Ms. Goebelt acknowledged receipt of the Unions proposal. Ms. Munley reviewed the last session as follows: The City offered the Blue Collar Workers the same wage proposal as the White Collar Workers plus another year as long as they did not open their two other articles in this setting. The Union countered with agreement as long as they can open their two articles in labor management. Ms. Munley explained she still has not found any language in the contract beyond the performance appraisal for labor management, so they would have to have labor management expressly for the purpose of these two, or four articles, if the members were open to it. The Union would retain all of their rights under Chapter 447 which means they could impasse if they needed to at the end, to have resolution. The Union could go either directly through counselor through the entire whole longer process which includes the special magistrate. Ms. Goebelt asked for clarification on the 60 day time period that everything is on hold regarding the increases. Meeting Minutes NCF&O Negotiations Boynton Beach, Florida January 27, 2006 Ms. Munley indicated there would be two ratifications. The Union could proceed with the wages and take that out to a vote, then come back, set a date to start, and the 60 day clock would start running on the two articles that were opened. Ms. Goebelt countered and provided two addendums to the contract attached as City Attachment 1 and 2. The first addendum was the sage article, which mirrors the White Collar offer. Changes to the attachments are underlined. In reviewing the document Ms. Goebelt clarified the following: 16.4 - no change, clarification the ranges were just being elevated; 18.8 - additional language that was not included in the White Collar agreement because this is for two years; 18.9 - a typo was discovered and will be changed to read "For performance evaluation scores below 2.0, no wage increase will be applied." Ms. Goebelt reviewed the language in Section 18.13 which she indicated as Section 18.3. The review by Ms. Goebelt concluded the first half of the City's offer. Ms. Munley had questions regarding the numbering on the document. Article 18 was confirmed by the City of Boynton Beach as Wages, the section numbers would be renumbered to be consecutive. Ms. Munley also questioned whether there should be additional language in Section 16.4 (new number 18.4) to read "effective February 8,2006 and October 1. 2007", for the minimum and maximums. She elaborated those are annual events. Ms. Goebelt responded "October 1, 2006 is going up 8.5%, not 8.47%." Ms. Goebelt indicated the percentage would be changed. Ms. Munley requested confirmation they could add in section 16.4 (renumbered to 18.4), "and on October 1,2005." It was discussed there would be 8.5% on section 16.4 (18.4). Ms. Munley indicated the language needs to be there. There was consensus the numbers needed to be sequential. Ms. Munley summarized in theory, if they raise the top range out 8.47% and 8.5% next time, there would not be anyone needing a raise and employees would not be beyond the max. Mr. Taylor inquired about the language provisions on the bottom of Addendum 1 and requested clarification the contract would have to be ratified without the provision of the opening of the articles. Ms. Munley explained it would be a two ratification process, and the articles would be ratified later. 2 Meeting Minutes NCF&O Negotiations Boynton Beach, Florida January 27, 2006 Ms. Goebelt reviewed the second Article which is the Labor Management Committee, Article 55 which is the City's counter proposal to the Union. Ms. Munley requested clarification in section 16.4 where it read, "with no corresponding increase to individual employees." if that language was in the White Collar offer. Ms. Goebelt explained it was not and indicated that just because the range is going up does not mean the employees will receive 8.47%, rather the language was a clarification. Ms. Munley thought the language should be removed. She expressed her belief that there should not be anything in there that they didn't do for the White Collar because she was unsure of what that meant. Ms. Munley acknowledged it is understood that when the range moves, if you are in the bottom part, it will affect you for funds and if you are in the top, for growth. Ms. Goebelt indicated the City will have to caucus. Ms. Goebelt reviewed Article 55 which was the same offer the White Collar received. The wage proposal was firm and proposed to use the same language as the White Collar Agreement which is Article 47 end of 2. She reviewed the language and noted the time period is 30 days as opposed to 90 which was in the White Collar Agreement. Due to her thoughts, the matter would want to be expedited. Ms. Munley responded the Union needs to have impasse rights which they don't have in a labor management setting. She indicated they must have the rights under Chapter 447 or they will proceed and open their articles. She explained they would like to avoid that and avoid going through months of aggravation for their employees. Ms. Goebelt responded the offer on the table today is if they open two other articles, it is going to have an economic impact, costing additional monies and it would be deducted from the offer on the table today. Ms. Munley replied she did not believe Ms. Goebelt's comment was appropriate and indicated the comment would be an unfair labor act because this is collective bargaining. Mr. Hawkins commented they were indicating what their position would be. He clarified what winds up being agreed to is another thing, but it should be made clear that the Union understand what the City's position would be. He reiterated the City was offering the same wage package the White Collar has T.A. 'd on and the City was agreeing to offer the Union the Labor Management in the proper setting it should be conducted in. The stipulation the Union has proposed, he commented, is not labor management, it is basically negotiations. Ms. Munley responded they are trying to find a way to open up labor management but not give up the rights they have at this minute. She emphasized at this moment, they have the right to open up these articles and impasse in front of counsel. She commented year after year, the Blue Collar Workers are mistreated and the City gave everything to everyone else. 3 Meeting Minutes NCF&O Negotiations Boynton Beach, Florida January 27, 2006 Ms. Goebelt indicated the Blue Collar Workers are getting the same thing as the White Collar. Ms. Munley answered they are not, and reported the White Collar Union got enhanced. Ms. Goebelt announced she was talking about the offer on the table. Ms. Munley announced she was talking about the contracts. Mr. Hawkins clarified the City is offering to talk about all of the Blue Collar issues, however, Ms. Munley maintained that they would not have the rights to say no. Mr. Hawkins declared if the Union does not trust the City to go into Labor Management, then the Union has a technical decision to make whether to pursue this under the auspices of labor negotiations as all rights and statutes allow. He requested the Union be cognizant that to pursue that path, it may affect the offer on the table. Ms. Goebelt indicated the City's position is, if they retract the offer and open articles, there will be no retroactive pay and elaborated timing is an issue. She commented there is only one Commission meeting. Ms. Munley responded the dialogue was an unfair labor practice. Ms. Goebelt emphasized timing was an issue and clarified they would like to come to terms with this because there is only one Commission meeting in March. She reminded the Union, the members had ratified the standby and callback provisions, once through the Memorandum of Understanding and again through the contract. Ms. Munley contended the conversation was an unfair labor practice, and asserted the City cannot threaten and coerce the Union. Mr. Hawkins responded they will recommend to the legislative body, who has final approva, that there be no retroactive pay. Mr. Taylor expressed his view that they would like to have the same exact thing as the White Collar Workers. They also want the rights that were taken away in the contract that they voted and ratified, with the stipulation that they would be able to come back now and clear up if it did not meet with the members approval. Mr. Taylor was quite sure the members would not approve of it. He felt the City was threatening if they did not approve the proposal which was offered and ratified with the White Collar Workers, that they would not get the same wage proposal because they want to correct the problem with the overtime and everything else. He indicated it could be corrected later as proposed with a MOU or it could be corrected now. He shared it should not be one stipulation on top of the other. Mr. Hawkins responded to Mr. Taylor and explained negotiation is exactly that, negotiation. The City felt negotiation should be open to all things that are currently on 4 Meeting Minutes NCF&O Negotiations Boynton Beach, Florida January 27, 2006 the table. If the City went back to former negotiations, everything including wages as originally presented would be open for discussion. The City has the right to bring two articles they want to the table also, and wages could be one of those two. Mr. Jordan added if there is an economic impact based on what the Union brings as additional issues, there may be some adjustments. Meeting recessed for caucus at 4:04 p.m. and reconvened at 4:18 p.m. Ms. Munley requested the following: the sentence on 16.4 removed which says ". . . with no corresponding increase to individual employees." And after 16.5 add, "effective 10/1/06, the minimums and maximums of each pay grade will be increased by 8.5%." and at the bottom of the addendum where it reads" All other provisions of the Collective Bargaining Agreement remain in effect as originally ratified." be stricken because they will open their other articles. Ms. Munley indicated they can T.A on wages. Ms. Goebelt explained the Union cannot T.A on the wages as the offer was contingent upon accepting the terms and conditions. Ms. Munley distributed their two articles. It was acknowledged the City would have their two articles. Ms. Munley announced the word is out the Unioin are bad guys. She hoped there was no directive from the City advising that the Union was the bad guys in this process. Mr. Hawkins responded they advise their supervisors consistently to not say anything. Ms. Munley continued and countered. She distributed two articles which are available for public inspection and located in the Office of the City Clerk, 100 E. Boynton Boulevard, Boynton Beach, Florida. The first article pertained to "Standby and Call Back Pay". She indicated originally, the article was amended before they knew the Automatic Vehicle Locator (AVL's) were being installed in City vehicles. Ms. Munley reviewed the document. Ms. Goebelt requested clarification about the reporting procedures used in standby pay. Mr. Taylor explained the reporting procedures as follows: The Utility 24 hour department workstation receives the call and the dispatcher calls the worker. Mr. Taylor clarified that is when their time starts. The employee goes to and finishes the call, then they go back to the truck and call to inform the dispatcher the job is finished and the time stops. The timekeeper is the dispatcher who keeps a log and time sheet. Ms. Munley further reviewed, they are proposing when an employee receives a call and responds via telephone, they want to see that as one call, or one hour for each call as opposed to the five hours pay as was written. 5 Meeting Minutes NCF&O Negotiations Boynton Beach, Florida January 27, 2006 Ms. Goebelt requested clarification that if an employee receives four calls in one hour, they would be paid for four hours, and Ms. Munley responded they would. Ms. Munley advised the Union would like tallies of fifteen minute increments. Ms. Goebelt requested clarification of the word cumulative. It was defined to mean add the minutes up. Ms. Munley reviewed the call back pay provision and recommended if an employee is called back to work during their lunch, they shall be paid appropriate straight or overtime pay, in lieu of sending the employee home. She further reviewed they would like the second paragraph of the attachment, Section 2 Call Back Pay, stricken. The second article was "Basic Work Week and Overtime". Ms. Munley reviewed the last sentence of the strike out, Section 14.6.and indicated they wanted to add in, "Vacation Leave, Holiday, Personal Leave, Comp Time, Task Hours and the use of sick leave documented by a physician statement submitted prior to the period. Ms. Goebelt requested clarification if they wanted the word "only" to remain in the paragraph. Ms. Munley responded they wanted the word to remain. There was discussion when to meet next. Three meeting dates were set. Those dates are February 3 at 4:00 P.M., February 23rd 10:00 A.M., and March 8th at 1 :00 P.M. Mr. Hawkins requested the dates be put in a memo. Ms. Munley requested the City see to it the sanitation workers received pay as was previously discussed. Ms. Goebelt will check into that immediately. Adjournment Meeting adjourned at 4:35 P.M. Respectfully submitted, ~ l'l( I Catherine Cherry-Gub Recording Secretary 02/02/06 6