Minutes 05-29-07
MINUTES OF THE BLUE COLLAR COLLECTIVE BARGAINING SESSION
BETWEEN THE NATIONAL CONFERENCE OF FIREMEN & OILERS
AND THE CITY OF BOYNTON BEACH, HELD ON TUESDAY, MAY 29, 2007
AT 10:00 A.M., IN THE FIRE POLICE TRAINING ROOM
CITY OF BOYNTON BEACH, FLORIDA
Present:
For the City of Boynton Beach
For NCF&O
Sharon Goebelt, HR Director
Michael Low, Deputy Utilities Director
Bobby Jenkins, Assistant Finance Director
Marylee Coyle, Assistant HR Director
Sharon Munley, Trustee, Local 1227 NCF&O
Shellie Sewell, Esq.
Kalem Mahd, U.S., NCF&O
Michael Taylor, U.S., NCF&O
Mike Osborn, U.s., NCF&O
Don Roberts, U.s., NCF&O
Jeff Mark, U.S., NCF&O
Call to Order
Sharyn Goebelt, Human Resources Director began the meeting at 10.14 a.m. Self-
introductions were made and a sign-in sheet was circulated, a copy which is attached
to these minutes. Ms. Goebelt announced the goal of the meeting was to have an
agreement in place on October 1st. She distributed the ground rules and welcomed
comments.
The rules were:
. Comes to the sessions on time
. Come to the sessions prepared
. Take time to listen when others are speaking
. Respect the views of other people, even if you disagree with them
. Express yourself clearly
. Do not criticize others or use abusive or offensive language
. Ask for clarification if you don't understand something
. Set meeting date and time at the end of each meeting
There was further discussion of actions that could assist with negotiations. These
were to set at least two dates for the next meeting and attempt not to use offensive
language. Both the parties would receive mutual notice of any media contact.
Members would call if going to be late to avoid canceling the meetings. There would
be a fifteen-minute grace period for all members. If one member of the team was 20
minutes late, the meeting would start without the member. If an article was tentatively
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agreed on, it would be set aside and would not be revisited unless both parties agreed.
Ms. Munley would be the speaker on the union side, and Ms. Goebelt would be the
speaker on the City side. Caucuses should be as expeditious as possible. There was
discussion about changing the title of the handout to read Goals as opposed to Ground
Rules. The City reserved the right to have counselja consultant attend a meeting.
Advance notice would be given when a consultant would attend.
Ms. Munley distributed the union document and prefaced her revisions by indicating
they wanted a two-year agreement. She reviewed each article that was changed.
Article 3 Rights of Employees
3.4 Employees shall be permitted to wear buttons while performing work as long as it
does not create a safety or health problem or disrupt the normal work operation.
Ms. Munley explained employees would wear union buttons.
Article 5 Strikes
5.2 In the event of a strike, work stoppage or interference with the operation and
accomplishment of the mission of the City Administration, a state or international
representative of the union shall promptly and publicly disavow such strike or
work stoppage and order the employees to return to work and attempt to bring
about prompt resumption of the normal operations. The Union representative
shall notify the City twelve (12) hours after commencement of such strike, what
legitimate measures it has taken to comply with the provisions of this Article.
The word twelve was inserted above for grammatical purposes.
Article 12 Grievance and Arbitration Procedures
Article 12.4 was removed. Ms. Munley explained it was a great idea but it was never
done. She thought things were working smoothly without it and she was not opposed
to putting it back if needed.
12.4.1 Step 3. When a grievance is not settled under the forgoing steps of the
grievance procedure the Union, within twenty (20) days of such decision, may
refer the dispute to an impartial arbitrator from thc prc selcctcd p~mel of
JrbitrJtors Jppointcd by mutuJI Jgrccmcnt of thc pJrtics. a panel obtained
from the Federal Mediation and Conciliation Services "(FMCS"). The party
requesting arbitration shall request the panel from the FMCS. Upon receipt of
the panel, the parties shall meet promptly to alternately strike names of
arbitrators. The party requesting arbitration shall have the first selection in
striking names of arbitrators.
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May 29,2007
The Union side indicated the above change was made to bring conformity with the
White Collar contact. The panel was included so both contracts would have the same
panel. The following language was also changed in Step 3 of Article 12.4.1. and
reflects the remainder of the Article as follows:
The arbitrators shall set the hearing on the matter appealed will be heard
within ninety (90) days following Jppointments his/her selection when
reasonably possible. If the JrbitrJtor is not JVJilJble within the ninety (90)
dJ'f period, the next JrbitrJtor shJl1 be used. The arbitrator shall make a final
and binding rule within thirty (30) days following the hearing or, when
requested by either party, the submission of briefs.
12.5.1. The City and the Union agree to share all information each party will present to
the arbitrator no later than teA five (-lG 2) days prior to the date of the
arbitration, even if such information was accumulated after the final grievance
step or after the terminated employee's pre-determination hearing.
12.7. The parties shall divide borne the arbitrator's fee and expenses equally. In the
event of a settlement, the arbitrator's fee and expenses shall be born~ equally
by the parties, unless they agree otherwise.
Ms. Munely indicated the above article should read 'The parties shall bear. . ."
12.9 Regular employees may appeal to an arbitrator a discipline greater than a
suspension without pay of more than one work day and performance appraisals
usinq the same procedure for arbitration as is set forth starting in Step 3 of
Article 12 (Grievance Article) shall have just cause appeal and grievance rights
as outlined in Article 12 of this Agreement.
Ms. Munely indicated Article 12.9 appears in Article 13, the Disciplinary Article. The
Article would appear in both places and pertained to where to start the Grievance
Process. It added Performance Appraisal go to the higher Step 3 process.
Article 14 Basic Work Week and Overtime
14.6 For purposes of overtime computation in the current yeJr of this Agreement
(10/1/0S 9/30/06) hours actually worked, plus holidays and vacation time, pre-
approved sick leave and personal leave time will count as hours worked. In the
finJI yeJr of this Agreement (10/1/06 9/30/07) only hours JctuJlly worked 'Nill
be counted for the purpose of cJlculJting overtime unless either pJrty hJS
requested re opener of this Article, pursuJnt to the re opener provision of Article
~
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The above Article put back language pertaining to the computation of overtime.
Article 15 Task Assignment - Solid Waste
15.1.6. In addition to those paid leave hours listed in Article 14, task hours shall count
as hours worked for the purpose of computing overtime. . in the current yeJr
of this Agreement (October 1, 200S though September 30, 2006). In the finJI
yeJr of this Agreement (October 1, 2006 to September 30, 2007), tJsk hours
'v\'i11 not count JS hours 'worked, Jnd overtime ".fill be pJid Jccording to Article
-t4-
The above article put back language pertaining to the computation of overtime.
Article 18 Wages
18.1. Effective October 1, ~, 2007, bargaining unit employees shall receive a 7%
market adjustment added to base wage.
18.2. Effective April 1, ~, 2008, bargaining unit employees shall receive the
following performance evaluation wage increase, added to base wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive a
base wage increase as a percent equal to their score, not to exceed 4%.
b. Barqaininq unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the initial probationary period.
18.3. Effective October L ~, 2008, bargaininq unit employees shall receive a 5%
market adiustment added to base wage.
18.4. Effective April L ~, 2009, non-probationary bargaining unit emplovees shall
receive the following performance evaluation wage increase, added to base
waqe:
a. Barqaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive a
base wage increase as a percent equal to their score, not to exceed 4%.
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b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded durinq the initial probationary period.
Article 19 Promotions, Reclassifications, Transfers & Demotions
Ms. Munely read the following language additions in Article 19, which pertained to
Promotions, Reclassifications, Transfers & Demotions. She indicated the promoted
employee shall return to their previously held position during promotional probation.
19.1.4 Promoted employees shall be allowed to return to their previously held
position during the time they are serving promotional probation if either upon
the determination of the City or the employee that the employee is not
appropriate for the promoted position.
19.5.1 Each promoted employee must successfully complete a probationary period of
nvelve six (6) months from the date of promotion.
Article 20 Standby & Call Back Pay & Shift Differential
Ms. Munely read the changes in Article 20, which pertained to Call Back Pay and Shift
Differential Pay. She explained the language below was replacement language as
indicated.
20.1.2 Employees placed on stand-by shall be assigned a take home vehicle (upon
request) in compliance with the departmental rotation list approQriate for the
completion of the task required of the employee should he/she be called back to
work. Those employees on stand-by will not be required to punch in or out on
the normal City time clock. Therefore a lot will be kept by the dispatching
personnel as to what time response begins and what time it ends according to
provisions outlined in Section 20.2 Call Back Pay.
20.2.1 Any employee called back to work after having been relieved and left the
assigned work station or called in before his/her regularlY scheduled work time
shall be paid a minimum of two (2) hours pay at straight time, plus time worked
after the first fifteen (15) minutes at time and one half when such callback is
between the hours of 8:00 am, and 12:00 pm, midnight. When such callback is
between the hours 12:01 am and 7:59 am the employee shall be paid three (3)
hours at straight time, plus time worked after the first fifteen (15) minutes at
time and one half. If work conducted on the call extends into normal work
hours, the time worked shall be paid at straight time for all hours worked.
Employees called back to work during their lunch break shall be entitled and
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shall determine to be paid for the entire lunch period at time and one half or
have their finishing time for that day adiusted accordinqly.
Shift Differential Pay
20.3.1. Employees who work a shift with the maiority of its hours takinq place after
3:00 p.m. shall receive shift differential pay of $.50 per hour. Employees who
work a shift with the maiority of its hours taking place after 11:00 p.m. shall
receive shift differential pay of $1.00 per hour.
Article 25 was briefly visited. In Article 25.8.2, which pertained to Sick Leave, there
was a grammatical change which was that "An employee placed on restricted sick
leave shall be re-evaluated in three ill months. 11
Article 28 Vacation
28.71 Employees may fJced with suddent e>rtrJordinJry circumstJnces of hJrdship who
hJve in excess of Jccrued 'IJcJtion Jre eligible to request emergency CJsh in of
vJcJtion. If Jpproved, In employee mJ'I convert up to one-hundred and ninety
190 hours of vacation leave to cash (less applicable taxes) provided they have
40 hours remaining in their vacation accrual account after the cash-in.
Conversions must be done in increments of one work day.
28.7.2 Employees who do not have enough vacation time to use for a total amount of
emergency cash out may consider including sick leave hours. Sick leave hours
cash-in will be calculated at 50% of the employee's hourly rate. The total of
vacation and sick may not exceed 190 hours and vJcJtion hours must Jl'NJYs be
used before sick hours. PJ'fment for sick leJve hours mJ'y' only be grJnted if the
employee hJS the Jmount of sick leJve credited to his/her sick leJve Jccount.
The employee must retJin J minimum of eighty (80) sick hours on the books.
Ms. Munley explained they took out sudden extraordinary circumstances of hardship
and just made it a provision that employees could take advantage of. Article 28.7.2
was clarified that it would not require a remaining balance of sick leave hours.
Article 30 Holidays
Article 30.1 was proposed to include two floating holidays to the current holiday list.
Article 31 Compassionate Leave
Ms. Munley advised this issue was being widely discussed and they added domestic
partner to Compassionate Leave in Article 31.1 below:
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37.3.2.4. Applicants will be hired at the minimum pay rate, unless exceptional
circumstances support hiring above that rate. The City shall not hire an
applicant at above 5% of the startinq pay.
Article 40 Uniforms
Ms. Munley reviewed they added two sweatshirts to the list for regular employees.
The Animal Control Officer, had an Index Code provided by the Police Department
detailing what he should be wearing and it was not what he was wearing. She
indicated they want to go with what was in the Code. This was not a new issue. In
addition to the two sweatshirts, Ms. Munley read the changes for Animal Control
Officers and Life Guards as follows:
40.1. The City will issue a newly-hired employee the following properly fitted standard
industrial quality uniforms thirty (30) days after starting work.
5 Green short-sleeve or long-sleeve work shirts
5 Green work pants
5 Tee Shirts
2 Sweat Shirts
1 Jacket (st annually)
Hats as necessary
5 White Polo Shirts (Bus Drivers) Jnd AnimJI Control Officers Only)
Animal Control Officers shall be provided with those uniform pieces as provided
for in the Boynton Beach Police Department Uniform and Equipment Policy
(Index Code 403, See 3, #D3)
Life Guards shall be provided with the following uniform pieces:
5 Bathing Suits
5 Tee Shirts
5 Lonq Sleeved Shirts
Hats as necessary
2 sweat Pant outfits
1 Jacket (annually)
3 Pair of UV Protected Sun Glasses
Sun Screen as needed
40.5. Bargaining unit members will be entitled to a reissue of properly fitted standard
industrial quality uniforms. Reissue of uniforms on an annual basis consists of
all those items listed in 40.1 above. S work pJnts Jnd five work shirts, with In
option of five T shirts for J totJI of 10 shirts (This option is determined by the
employee's needs).
Article 41 Insurance
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May 29,2007
31.1. In the event of the death of the mother, father, child, foster parent, foster child,
brother, sister, husband, wife, son, domestic partner, 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's necessary for the employee to leave the State in connection with the
internment 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.
31.2 All relationships arisinq as a result of a spousal relationship (in-laws, step) shall
be considered the same for those arising from the domestic partner relationship
for the purposes of this article.
Ms. Munley clarified that if there is a domestic partner and the domestic partner's
brother died, it would be deemed the same as if a brother-in-law passed; they should
be treated equally.
Article 36 Seniority, Layoff and Recall
Ms. Munley read the language addition to Article 36 in Article 36.3.C
36.3. Layoffs will be made in reverse order of seniority within the department. Senior
laid-off employees of the department shall be able to displace (bump) junior
employees who are in any equivalent or lower classification for which the
bumping employee is eligible for or for which he qualifies by meeting the
requirements as set forth in the job description. Should two or more employees
have the same seniority date, the employee with the highest employee
identification number will be laid off first.
Ms. Munley suggested this article be tweaked further because the purpose was when
there was a layoff, and moving in reverse seniority order of a layoff, and with two
identical employees hired the same day with the same seniority, an indicator would
need to be used to separate the employees. There were cases where the employee
identification numbers did not work properly.
Article 37 Recruitment and Selection
Ms. Munley reviewed Article 37.3.2.4. which added the following language:
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Ms. Munley read new language added as 41.2 as follows:
41.2. The City shall allow employees to deposit an amount of not less than $10.00 per
month, and no more than the employee determines into a health care account
so that the funds may be used to pay for health care upon termination of
employment. In addition the City shall allow employees to cash out all accrued,
but unused leaves at the employees regular rate of pay upon termination of
employment so that the employee may purchase health care at the employees
normal cost.
Ms. Goebelt explained there are issues with the Retiree Health Savings Plan and the
procedures to be followed. There were a lot of questions about whether the provision
applied to pretax dollars or not. There were still outstanding questions. Ms. Munley
thought they could start the issue because everyone would want to retire and have
health care.
Article 44 General Provisions
Ms. Munley reviewed Article 44.2, a new article as follows:
44.2. Upon request employees shall be issued one (1) beach pass or one (1) boat
ramp permit free of charge each year durinq the term of this Contract.
Article 45 Dues Deduction
Article 45.3. had a clarification of the first sentence to read:
45.3. Dues and COPE deductions shall be deducted each pay period and remitted
monthly and the funds shall be remitted along with a list of employees
contributing to the Treasurer of LOCAL 1227 the Union within fifteen (15) days
after the end of the month. . . .
Article 47 Substance Abuse
Article 47, Substance Abuse had the sane clarification in the first sentence of Article
47.1 to read:
47.1. The NCFO, LOCAL 1227 Union recognizes and supports the City's Drug Free
Workplace Policy as adopted in Ordnance (sic) No. 92-51 and will work with the
City to enforce the provisions of the policy.
Article 52 Posting of Agreement
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52.3. The City will provide each bargaining unit flew employee with a copy of this
Collective Bargaining Agreement Jt the time of their initiJI orientJtion.
Article 54 Duration
Ms. Munley reviewed they changed the duration to 2009 with no re-openers since they
made their wage proposal for 2007/2008 to end in 2009.
54.1. This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes and remain in full force and effect
until September 30, 20G7.09. No wJge or benefit provided herein is retroJcti'/e
in nJture prior to the effective dJte of this Agreement. 'NJge Jnd benefit levels
existing on September 30, 2007 shJII be frozen JS of thJt dJte Jnd shJl1
constitute the stJtus quo during In'f period of negJtions for J successor
Jgreement.
A notice of intent to reopen shall be made in writing by no later than May L
2009. The pJrties will promptly engJge in bJrgJining the reopened Jrticle(s).
City Proposal
Sharyn Goebelt, Human Resource Director, distributed the City Collective Bargaining
Agreement Proposal and reviewed the document. Her first comment was the
document would be effective October 1, 2007 to September 30, 2010. She noted the
City changes were in blue and they had made grammatical changes. Additionally,
there were changes reversing the order of progressive discipline.
Article 2 Recognition
The City struck Article 2.3. She explained it was a carryover of past articles and was
not relevant.
Article 3 Rights of Employees
3.3. Employees may request a Union Representative to be present when they belie'/e J
formJlly scheduled meeting with J supervisory mJY led to discussions '.vhich could
for the bJsis of disciplinJry Jction the employee is subject to an investigatory
interview and the employee has a reasonable belief that discipline or other
adverse consequences may result from what he or she says.
Ms. Goebelt reported the above article was a clarification and was no different than
what existed. It was, however, revised to be in sync with Weingarten.
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Article 7 Representation
The City had a clarification and change as follows:
7.1. The City shall be represented in all matters related to this Aqreement by the City
Manager, and/or a person or persons designated in writing to the Union by the
City Manager.
Article 8 Union Representation
Ms. Goebelt clarified Article 8.4 was contained in Article 9.2 and it was added to Article
8 for ease of cross referencing
8.4.4. When additional Stewards or bargaining unit members are participating in
collective bargaining in accordance with Article 9.Section 9.2
8.6. The City Manager will grant the Union Stewards combined leave, without pay, for
a total of twenty (20) dJ'Is 10 days per year per year (sic) in order that they may
attend conferences, seminars and similar events or other union activities related
to their representative function provided the leave does not adversely effect the
on-going day to day operations in the any department.
Article 9 Collective Bargaining
9.2. No more than a total of six (6) Stewards, (two [2] per department) may
participate in collective bargaining while on duty, without loss of pay. Additional
Stewards or bargaining unit members may participate in collective bargaining
(present at the table) by utilizing Union Time Pool hours, or while off duty, or
when on approved paid leave.
Article 10 Union Time Pool
10.1. Bargaining unit members may donate, on an annual basis, from their accrued
vacation leave, sick leave bank (provided he member maintains at least 120
hours of accrued time), or compensatory time to be banked and subsequently
used to permit designated Union Stewards to engage in representative activity
or bJrgJining bargaining activities as specified in Articles 8 and 9. JS stJted
Jbove. Donations to the Union Time Pool shall be solicited by the Union during
ratification of the Agreement or any non-work time. Donations shall be on an
annual basis and deducted/transferred from the employee's appropriate leave
ban during the month of October. All time will be distributed on an hour-to-hour
basis. A list of those employees donating to this time bank shall be maintained
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by the Union, a copy of which will be provided to the City Manager and Finance
Director.
Ms. Goebelt explained the above article. She indicated the language clarified the
article since there was confusion interpreting it.
10.6. Wk Union time pool hours shall be classified as paid leave from work and shall
not count as time worked for the purpose of calculating overtime.
Ms. Goebelt clarified there was no change in Article 10.6 and apologized for the
strikeout on 10.6.
10.7. The City may stop the use of such time off if it interferes with productivity or
manpower needs. However. the exercise of such right on the City's part shall
not be arbitrary or capricious nor shall it allow the City to proceed in a manner
that deprives the employee of his or her right of representation.
Articles 12 and 13 were reversed in their entirety.
Article 13 was Progressive Discipline and would now become Article 12. Article 12 was
the Grievance and Arbitration Procedures, and would now become Article 13. Ms.
Goebelt explained there were several formatting changes which all pertained to
grammar. She highlighted other changes, item one of Article 13.2.6 (new number
12.2.6) Misconduct would read as noted below:
Article 12 Progressive Discipline
Article 12.2.6. Misconduct.
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
includes but is not limited to meJns: Employee behavior or actions on the part of
the employee which hinder or jeopardize the successful operation of the City,
undermine teamwork and/or cooperation among City employees, or undermine the
public confidence in the City or its employees.
3. Abuse of Personnel Policies, including but not limited to:
b. Failure to notify Department and or Human Resources of current address and
telephone number within ten (10) calendar days of change
Article 12.2.6. Serious Misconduct Item 3.e. would read:
3.e. Outside employment which conflicts, interfered interferes with or otherwise
hampers the performance of the employee in ~r his/Eity her Qti job
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On the Chart in Article 12.2.6. under Extreme Misconduct, the "1st Occurrence" would
read: " Suspension Without Pay of at least 30 days or Dismissal
The Note section immediately below the chart shall read as follows:
Note: The progressive discipline steps outlined above are quidelines and refer to the
discipline options the City may take. Actual discipline is fact sensitive and may varY
from the guidelines. If such discipline is appealed to arbitration, the arbitrator is not
bound in any manner by such options and is free to independently determine the
appropriate level of discipline, if the employee is found to have committed the offense.
Article 12.4.5. Types of Disciplinary Action had the following language change to the
Counseling provision below.
12.5.A. Counseling - Consists of the immediate supervisor warning the employee to
correct or improve performance, work habits or behavior, and counseling the
employee on improvements expected. Counseling serves as a warning against
further repetition of employee behavior. Future violations will result in
discipline up to and including termination. Counselinq may be used to
establish that an employee knew or should have know that performance, work
habits, and behavior is not appropriate.
Additionally, Ms. Goebelt clarified the above could be used in the steps of progressive
discipline.
In Article 12.5.C Suspension, the third paragraph was changed to read:
12.5.C. With the written authorization of the Department Director and Human
Resources, immediate supervisors have the authority to issue a suspension
without pay for three (3) two (2) working days or less. Suspensions without
pay beyond three .Q.Lworking days require prior concurrence by Human
Resources, review by the City Attorney's Office and authorization by the City
Manager's Office.
Article 12.6. Right to Pre-Determination Hearing.
Ms. Goebelt reviewed a sentence would be added to the end of the paragraph as
follows:
Prior to the effective date of any suspension without pay of three (3) days or more, or
a termination, the City shall conduct a predetermination hearing. The Human
Resources Director and the City Manager's designee shall conduct the
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predetermination hearing. The employee shall be provided with reasonable notice of
the predetermination hearing date and of the charges which are the grounds for the
disciplinary action. The employee may be accompanied and assisted at the
predetermination hearing by a representative of his choice. The employee shall be
afforded the opportunity to present information in defense or mitigation to the charges
brought against the employee. Following the predetermination hearing, and any
further investigation into issues raised by the employee in defense or mitigation of the
charges, the Human Resources Director and the City Manager's designee shall sustain,
reverse, or modify the disciplinary action and give the employee written notice of their
action and at the same time establish the suspension or termination date(s) if
appropriate. Information gathered before, during or after a pre-determination
conference constitutes part of the City's investigation of an act of omission that can
result in discipline.
Article 13 Grievance and Arbitration Procedures.
13.2 A. added language to read:
a) The parties agree that the grievance procedure shall be the sole and
exclusive method for resolving any dispute involving the application or
interpretation of the Agreement. Counselinq, oral and written reprimands
and Performance Evaluations may not be grieved.
13.4. Grievance Procedure Steps was revised to read:
13.4. The parties, Jre in the process of drJfting Jnd hJve Jgreed when finJlized, the
trJcking system procedure shJII be reduced to 'tvriting Jnd substituted for, or
supplement the following Step System agree to a step procedure for processing
grievances. The deadlines hereinafter listed may only be extended by written
agreement of the parties. An extension or waiver of a deadline shall never be
inferred by the conduct of the parties. When the Union fails to timely move a
grievance to the next step, the grievance is deemed withdrawn and cannot be
refilled. When the City fails to respond at any step, the grievance is deemed
denied and the Union may proceed to the next step.
The parties agree to substitute a grievance tracking system which utilizes the
City Clerk's Office as a conduit for filling (sic) as follows:
13.4.1. Step 1. Within ten (10) working days of the incident or the time which the
employee had knowledge of the incident, the Union may initiate a grievance,
by filing a grievance with the City Clerk's Office, with a copy to the employee's
Department Director/Designee. The grievance shall be hand delivered or sent
by facsimile during regulJr '.\'orking between the hours of 8:00 am to 5:00 pm.
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The written grievance must, stare contain the following:
(Item G was added to this article as noted below).
G. In the event a qrievance does not contain the required information, as listed
above, it shall be returned to the grievant and/or Union Steward for further
processing. If the ten (10) working days since the initial incident has passed
when the grievance is returned, the period for the grieyant and/or Union
Steward to resubmit to the City Clerk's Office will be extended forty-eight (48)
hours.
The word "Designee" was added throughout the article to accompany the Department
Director in the following manner "Department Director/Designee".
13.4.1. Step 2 second paragraph of the Article was changed as follows:
Within five (5) days of receipt of the grieyance, the Human Resources Director
will contact the aggrieved employee and schedule a meeting within five (5)
days to discuss the matter. If the union fails to attend the prearranged
meeting, the grievance will be considered abandoned.
13.4.1 Step 3 had language additions.
Step 3 When a grieyance is not settled under the forgoing steps of the grievance
procedure, the Union, within twenty (20) days of such decision, mJY refer the
dispute to In impJrtiJI JrbitrJtor from the pre selected pJnel of JrbitrJtors
Jppointcd by mutuJI Jgreement of the pJrties may initiate arbitration by filing
a request with the Federal Mediation and Conciliation Service for an arbitration
panel. A COpy of the request shall be served on the City."
Two paragraphs later in the same step, changes were made.
The City and the Union, hJS heretofore, will selected J pJnel of six (6)
arbitrators from a panel list provided by the Federal Mediation and Conciliation
Service (FMCS). The City select three (3) JrbitrJtors Jnd the Union select
three (3) JrbitrJtors. These JrbitrJtors shJl1 heJr grievJnces on J rotJting
bJsis, beginning in JlphJbeticJI order of the JrbitrJtor's sir nJme. If Rodney
Dennis is no longer JVJilJble to serve JS In JrbitrJtor, the City mJY designJte
In JlternJte JrbitrJtor, JS ~1r.Dennis 'NJS one of the City's originJI designJted
choices.
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
There were minor grammar issues in Article 13.5. that were corrected with no change
in content.
Article 14 Basic Work Week and Overtime
Article 14.5. was struck.
14.6. For purposes of O\/ertime computJtion in the current yeJr of this Agreement
(lO/l/OS 9/30/06) hours JctuJlly "...orked, holidJYs Jnd vJcJtion time '.viii count
JS hours 'Norl<ed. In the finJI yeJr of this Agreement (10/l/06 9/30/07) oOnly
hours actually worked will be counted for the purpose of calculating overtime.
unless either pJrty hJS requested reopener of this Article, pursuJnt to the
reopener provision of Article S1.
The above article was a carryover from the other agreement.
Article 15 Task Assignment - Solid Waste
15.1.1 Solid Waste employees shall be held responsible for satisfactory completion of a
daily task assignment. A daily task assignment shall be defined as those duties
correlating to the collection of solid waste from defined routes: assisting other
employees in collecting solid waste from other defined routes according to
Article 15.1.2: attending departmental meetings that require employee
attendance: cleaning and maintaining vehicles: emergency work as denoted in
Article 15.1.3 and any other duties assigned by supervisory staff.
Article 15.1.6 was struck.
15.2.3 would read The City will publish a holiday service schedule and make up day
schedule at least six (6) three (3) months prior to the holiday.
Article 15.2.4 had the following language removed:
15.2.4 When the work schedule is such that employees will not be required to work
the designated holiday, the holiday make up days will occur on either
Wednesday or Saturday, whichever day immediately follows the holiday in
question. Jnd shJII be pJid Jt the employees time Jnd one hJlf rJte of pJY.
Article 16 Work Breaks
Ms. Goebelt advised this section was changed:
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
16.1. ~ Employees shall a5e receive two; fifteen minute paid breaks each day.
Any employee group that would like to forgo their fifteen (15) minute breaks
and add them to their lunch period may do so on a majority vote of the
employee group.
16.4.2. Abuse of break or c1eJn up time is grounds for progressive disciplinary action.
Ms. Goebelt emphasized there were a lot of issues with this article and she had met
with all the departments on the matter. This does not affect lunch breaks.
Article 17 Compensatory Time
Ms. Goebelt explained this was something from the White Collar agreement and was
something the employees appeared to like.
17.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty hours in a workweek.
17.2 Compensatory time will be accrued and used at the same rate the overtime rate
would be paid. Employees may accumulate up to eighty hours of compensatory
time. At no time may an employee accumulate more than eight hours of
compensatory time. Compensatory time may be taken as earned subiect to the
approval of the Department Head/Designee who shall schedule the time off to
meet the operating requirements of the Department.
Article 18 Wages
Ms. Goebelt reported the upcoming Tax Reform was anticipated to have a significant
impact. She explained she hoped to have more information but for the immediate
moment had no information about any monetary matters. She explained they were
negotiating other contracts as well. Article 18 pertained to Wages. Any references to
monies were removed from the entire article.
Article 19.5.1 Promotions, Reclassifications, Transfers & Demotions
19.1.1. Employees interested in applying for a promotional opportunity must have
been in their current position for a minimum of six (Q) months and have at
least a meets standardss performance level. Each promoted employee must
employ (sic) must successfully complete a six (Q) month probationary period in
the new position.
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
19.4.1. Positions may be considered for reclassification only upon written request of
the DepJrtmcnt HeaeDepartment Head/Designee, including detailed
justification., If the reclassification is for a change to an existing position
classification (e.g. Grade 13 to Grade 14), the incumbent must complete a
position questionnaire, which will then be evaluated by the Human Resources
Department. If the request is to change from one current position classification
to another (e.g. Office Assistant to Office Assistant, Sr.) that justification must
be included in the Department Head's request.
19.5.1. Each promoted employee promoted from part-time to full-time must
successfully complete a probationary period of twelve months from the date of
promotion.
Article 20 Standby & Callback Pay
20.1.1 In order to provide coverage for services during off-duty hours, it may be
necessary to assign and schedule certain bargaining unit employees to standby
beeper duty. A standby beeper duty assignment is made in writing by a
department director or his/her designee who requires an employee on his/her
off-duty time which may include nights, weekends or holidays, to be available
to perform his normal daily job function during off hours, due to an urgent
situation. The standby assignment will be on a weekly basis. The schedule
will be posted quarterly. The written directive placing an employee on standby
shall specify a starting and ending period.
20.1.2 At the supervisor's discretion and in compliance with the department's rotation
list an E~mployee placed on, StJnd, stand-by sAaH may be assigned a take-
home vehicle in compliJnce with the depJrtment's rotJtion list appropriate for
the completion of the task required of the employee should he/she be called
back to work. All take home vehicles shall be equipped with Automatic Vehicle
LocJtors fLocators (AVL) capable of tracking a vehicle's location and the time
of day. The AVL capability will substitute for the City time clock for those
employees responding to emergency situations in take home vehicles.
Therefore, those employees on, 5taA6-stand-by who respond with an AVL
vehicle will not be required to punch in or punch out on the normal City time
clock and instead may travel directly to and from their home to the work site
when responding to after-hours emergencies. Those employees who do not
respond in an AVL vehicle will be required to punch in and out. For payroll
purposes, the starting time of the employee responding to emergencies will be
that time when the vehicle leaves the employee's home and the ending time
will coincide with the provisions outlined in Section 20.2 - Call Back Pay.
Article 20.1.3 was struck.
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
20.1.4 The employee shall receive $125 dollars per week for standby duty. One hour
of PJ'f Jt the time Jnd one hJlf the employees bJse rJte of pJ'f for eJch 21
hour period that they are assigned standby beeper duty. Time spent on
standby does not count as time worked for calculation of hours worked ffl-a
work'Neek or for overtimes purposes.
20.2 Call Back Pay.
20.2.1 Any employee called back to work after having been relieved and having left
the assigned work station or called in before his/her regularly scheduled work
time, shall be paid two (2) hours of straight time plus time actually worked at
1.5 times their rate of pay. Subsequent calls during the period between shifts
shall be paid actual time worked at 1.5 times the employee's rate of pay. =FAe
JctuJI time worked Jt time Jnd one hJlf or J minimum of h...o (2) hours pJ)' Jt
strJight time 'Nhen such CJllbJck is betvJeen the hours of 8:00 Jm Jnd 12:00
pm (midnight), whichever is greJter. 'Nhen such CJllbJck is beh\'een the
hours of 12.01 Jm Jnd 6:S9 Jm the employee shJII be pJid the JctuJI time
worked Jt time Jnd one hJlf or J minimum of three (3) hours pJ't' Jt strJight
time, whichever is greJter. If work conducted on the CJII e>rt-cnds into normJI
'....ork hours, the time worked will be pJid Jt strJight time. Employees cJlled
bJck to work during lunch breJks Jre not entitled to CJII BJck PJY. In this CJse
the finishing time for thJt pJrticulJr work dJ',' ..viII be Jdjusted Jccordingl'f.
Article 20.2.2 was struck.
Article 21 Working in a Higher Class.
21.1 When an employee is qualified for and is temporarily assigned the authority,
duties and responsibility for a position allocated to a higher classification, they
shall receive a 5% increase in payor the minimum of the higher classification,
whichever is greater until returned to their regular classification. Employees shJII
be required to perform '.vork in J higher c1JssificJtion only upon 'Nritten
memorJndum by their supervisor. Employees .....ho work in J higher c1JssificJtion
shJl1 receive J S% increJse in pJY, or the minimum of the higher c1Jssificution,
'whichever is greJter until returned to their regulJr c1JssificJtion. Upon release
from duties and responsibilities of the position assigned to a higher classification,
the employees (sic) salary will be reduced to the rate the employee would be
receiving had the temporary assiqnment never been made.
21.3. Employees will be assigned to a higher classification in full day increments based
on their work schedule. Anything less than one (1) scheduled work day shall be
considered incidental.
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
Article 22 Training
22.1 Employees who are assigned to train another employee(s) who is/are new to the
position(s) shall be assigned in writing and shall receive a 5% increase in pay
during the time they are training another employee for a minimum duration of
one (1) shift of a normally scheduled workday.
Article 23 Emergency Pay Policy
23.1 HurricJne (e.!;mergency) pay shall be hereinafter be paid in accordance with the
provisions of the current City Emerqency Ordinance, 200S 036.
Article 24 Certification Pay
Ms. Goebelt was aware of the certification pay and explained the Labor Management
Committee is compiling a list. She requested once the list was in place, the following
was the language they were proposing.
24.1 The City shall pay $500 for each certification or license JS listed in Appendix I JS
determined Jnd Exceptions to the list shall be agreed upon by the employee and
the department head/designee. The City and shall also pay for the actual
certification or license fee. Fee A pre determined list of job relJted certificJtions
be developed by no IJter thJn sixty (60) dJ'fs from rJtificJtion of this Agreement
=Fflts fee. This provision shall not operate to reduce certification incentive pay
policies. currently being implemented by depJrtments. Bargaining unit members
who participate in departmental certification pay programs are not entitled to
participate in the program set forth herein.
The word City should not be struck
24.2 ~ The City shall provide educational and training opportunities for lifeguards
during work hours so that the employee may earn and recertify for an EMT
certificate. The City shall pay for the course and all course material. Employees
'.vho currently hJve or Lifeguards who can earn EMT certificates shall receive a
one-time 5% wage increase upon initially earning the certificate. No other
compensation is applicable for this certification.
24.3 If for any reason an employee's certification is cancelled or expires, his/her salarv
will be reduced by the dollar amount initially granted when he/she received the
5% increase.
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29, 2007
The union would provide a supplemental language proposal for the above article. The
City did not want to pay for certifications individuals do not have.
Bobby Jenkins left at 11:03 a.m.
Article 25 Sick Leave
25.1 An employee shall notify his/her immediate supervisor or,-ftis designee, in a
manner provided for by management, of his/her illness no less than one half (1/2)
hour before or one hJlf (1/2) hour Jfter his/her normal workday begins. If an
employee fails to call in within the specified time, the employee shall be subject to
progressive discipline. This notice procedure shall be followed for each day the
employee is unable to work unless prior approval is granted by department
management, wherein the employee notifies his/her supervisor of the length of
time he/she will be absent.
25.2. Sick leave will be granted upon approval of the depJrtment department
aDirector/Designee for the following reasons:
A. Employee's health, or up to five (5) days per fiscal year for illness of immediate
family member the employee's parent, spouse or child.
25.3. Employees shall accrue sick leave at a rate of 96 hours per 12-month period or
eight (8) per month. No employee shall be entitled to use sick leave in excess
of the amount of such leave accumulated. Employees may accumulate a
maximum of 1040 sick leave hours. All unused hours shall be paid out at 50%
upon termination of employment with the City. Any accrued but unused sick
leave hours beyond 1040 shall be transferred into the employee's Personal
Leave Bank at one for one. Personal Leave hours may be utilized as necessary.
Any unused Personal leave hours may be cashed in upon termination with the
City on J tv.,'o (2) to one (1) bJsis, and shall be paid out at 50% or, should the
termination be due to normal or disability retirement the full value of the hours
may be used to purchase health care benefits provided the employee has
enrolled in a Retiree Health Savings Account (RHS) during the City's annual
insurance enrollment period should the terminJtion be due to normJI or
disJbility retirement.
Ms. Goebelt explained the above was a requirement and the language was a
clarification of the law. This provision can only be used if the employee enrolls in it
during the open enrollment period.
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29, 2007
25.7. Sick leave exceeding 5 three (3) consecutive work days requires medical
certification on return to work.
25.7.2.a The following Attendance and Tardy standards shall be utilized during the
performance evaluation period to determine ratings.
Rating
of 4
Rating
of 3
Rating
of 2
Rating
of 1
Rating
of 0
Attendance
No incidents of Sick Time
durin the calendar ear.
1-3 incidents of Sick Time
durin the calendar ear.
4-6incidents of Sick Time
durin the calendar ear.
7-10 incidents of Sick Time
durin the calendar ear.
More than 10 incidents of
Sick Time during the
calendar ear.
Rati ng
of 4
Rating
of
Rating
of 2
Rating
of 1
Rating
of 0
Tardiness
No incidents of Tardiness
durin the calendar ear
1-3 incidents of Tardiness
durin the calendar ear
4-6 incidents of Tardiness
durin the calendar ear
7-10 incidents of Tardiness
durin the calendar ear
More than 10 incidents of
Tardiness during the
calendar ear
25.7.2b Employees shall be disciplined for excessive occurrences of tardiness, and/or
lateness, based on a rolling twelve (1) sic months, as follows:
Occurrence of Tard Late
6th Occurrence
7th Occurrence
8th Occurrence
9th Occurrence
10th Occurrence
Further Occurrence
There were numerous changes to Article 25.7. pertaining to Attendance and Tardiness.
Ms. Goebelt explained the table above was used in the Public Works Department. To
have consistency among departments the chart was used. The table outlined a rating
matrix and standards for the same. The table did not pertain to individuals on FMLA.
The Union suggested having language to that effect in the document and would
submit a proposal on it. A second table was added which outlined employees shall be
disciplined for excessive occurrences of tardiness and/or lateness, based on a rolling
twelve (12) months period.
Article 28 Vacation
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29, 2007
28.2. Vacation leave may be taken as earned, in one or more one hour blocks, in (sic)
thirty (30) minute increments subject to the approval of the Department
Head/Designee who shall schedule vacation so as to meet the operating
requirements of the Department. Approval of vacation leave requests must not be
unreasonably withheld.
~.28.3. Employees shall be allowed to take their birthday off and the day shall be
charged as a vacation day in accordance with the rules and provisions regarding
the use of vacation time.
Article 28.3. was renumbered to 28.4.
28.5. Vacation requests of three (3) shifts or less must be requested and approved or
denied within two (2) days of the work shift prior to the end of the 'v'v'ork shift the
.....ork dJY proceeding the time requested off the day the request is made.
Vacation requests of four (4) shifts or more must be requested and approved or
denied seven (7) calendar days of the day the request is made. Forty eight (18)
hours prior to the time requested off. AdvJnced vJcJtion requests must be
Jpproved or denied 'Nithin thirty (30) dJ'(s of the dJte of the request. Vacation
requests of two (2) or more weeks require at least twenty-one (21) calendar days'
notification. Management will approve or deny the vacation request for two (2)
weeks or more within seven (7) days of the request.
28.6. Employees shall be allowed to take up to twenty four (21) hours one (1) shift of
their normal work schedule of emergency vacation leave on In JnnuJI J fiscal
year basis in increments of one 0) hour s. Employees shall make such a request
in accordance with the applicable, published Departmental call-in procedure with
the Supervisor within thirty (30) minutes of the start of the work shift.
28.2. Employees who do not have enough vacation time to use for the total amount of
emergency cash may consider including sick leave hours. Sick leave hours that are
cashed-in will be calculated at 50% of the employee's hourly rate. The total of
vacation and sick leave 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 sick
leave account and-:-=Fthe employee ffitt5t retain~ a minimum of eighty (80) sick
hours on the books.
The remainder of articles in the section, after renumbered Article 28.8.4 was struck.
Article 29 Bonus Days and Bonus Increases
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
29.1.2 All full time City employees covered by this policy are eligible to receive a bonus
day for continuous attendance at work at the completion of each calendar
quarter that the employee has not used sick time during the previous quarter,
nor has been absent from work or on leave other than those paid leave
categories recognized in this document. For the purpose of this calculation, a
day shall consist of eight (8) hours.
29.2.1. In addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500 when such a bonus is justified, by the Department
Head/Designee in writing, on the prescribed forms by the DepJrtment HeJd.
This bonus will not affect the employees pay grade and step. Funds for the
bonus will be budgeted as a separate allowance and administered under the
direct control of the City Manager. Employees are not automatically entitled to
receive bonuses. This ts-a system allows for INhere top performance €aft to be
recognized by the immediate supervisor and prompt rewards €aft to be made
at the discretion of the supervisor, provided the aDepartment tlHead concurs.
This top performance must be substantiated by the supervisor and the
Department Head/Designee using the prescribed forms furnished by the City
Manager.
If an employee works a 10-hour day, they would receive pay for 8 hours in the bonus
pay. Ms. Goebelt indicated the additional language was clarifying the provision
Article 30, Holidays had a grammar change in Article 30.3.
Article 34 Unauthorized Absence.
34.1. A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three (3) days shall be deemed to have abandoned his or
her job and shall be separated from employment with the City. Separation of this
type shall not be considered a disciplinary separation and there will be no appeal,
grievance or arbitration rights.
There were grammar changes in Article 36.
Article 37 Recruitment and Selection
37.3.1. 7. Applicants for E~ertain classifications may require applicable testing prior to
being given consideration. Human Resources will administer tests required
and ensure that passing scores are attained prior to forwarding an
application to a department for consideration.
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
37.3.2.5. Upon receipt of a recommendation for employment and in conjunction with a
tentative offer of employment, a pre-employment physical will be conducted
if applicable; which mJY this may include a drug test, for the applicant, ts
~ scheduled. Medical examinations must be satisfactorily passed to
determine fitness to perform the duties of the position. At this step of the
hiring process, Human Resources, with the assistance of the Florida
Department of Law Enforcement (FDLE) shall check the prospective
employee for a criminal record and may obtain, following the requirements of
the Fair Credit Reporting Act, the prospective employee's credit if required.
37.3.3.2 The department must work with Aetify Human Resources to determine at the
tentative hire date. New employees must provide proof of work eligibility to
work in the United States and verification of identity to the City. Human
Resources will forward the necessary employee paperwork to the Finance
Department for payroll purposes.
Article 38 Safety and Health
38.1. Those employees of the Beach Patrol who are assigned lifeguard duties will be
provided masks or goggles, sunscreen lotion, bathing suits, and winter jackets for
safety purposes. In addition employees shall receive a wage allowance of $120
per fiscal year, by December1st of each year, for the purchase of specialty
sunglasses or prescription safety eye wear of $120 per fisCJI yeJr.
Mechanics will be provided two ill sets of overalls per year for safety purposes.
The City shall make available immunization shots for tetanus (sic) hepatitis and
diptheria for all members of the bargaining unit JS requested on a voluntary basis.
38.2. Employees who are in positions designated by the Safety Committee will receive
an annual shoe wage allowance of $190 eJch yeJr for safety shoes/boots payable
once for each year of this Agreement. New employees who are hired after the
shoe allowance has been paid will receive a pro-rated amount based on the
number of months remaining in the fiscal year.
38.3. The union may participate on the Safety Committee.
Employees in Sanitation who provide Re-cycle, Rear Loader and Vegetation
services, and Water Utilities employees who Jre ~1eter ReJders, WJter PIJn
~1echJnics Jnd OperJtors may require have need of more shoes each year than
the wage 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 wage allowance provided in Section 38.2, to his supervisor
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
to receive approval prior to the City purchasing the employees an additional pair
of shoes.
Ms. Goebelt reviewed the wage allowance did not read right, so they moved it up.
Also there are issues with New Hires so they added 38.2. Article 38.2 had revisions
due to her being advised the positions proposed to be deleted for the allowance no
longer needed more than one pair of shoes. Mr. Low noted it would read all Water
Utility employees. This item needs more work on grammar.
Article 39 Tool Replacement
39.5. New hires who are eligible for a tool allowance shall receive a prorated amount
of the annual allowance based on the number of months remaining in the fiscal
year.
Article 40 Uniforms
40.1. The City will issue a newly-hired employee the following properly fitted standard
industrial quality uniforms thirty (30) days after starting work:
5 Green short-sleeve or long-sleeve work shirts
5 Green work pants
5 Tee Shirts
1 Jacket (Bi-annually)
Hats as necessary
5 White Polo Shirts (Bus Drivers Jnd AnimJI Control Officers Only)
1 Sweatshirt (August 1 of each year upon submission of a request form)
40.2. Animal Control Officers and Lifeguards shall be issued uniforms in accordance
with the Department Policy. Employees have v=been furnished a uniform and
must wear their uniforms to work. Bargaining unit members are being given a
sufficient number of uniforms to make a neat, clean appearance at work every
day. Barbaining unit members will not be allowed to start work each day unless
thay are in full uniform. Employees must purchase additional uniforms if
necessary to comply with this section unless the uniform is replaced pursuant to
Section 6 of this Article. Only City issued hats and jackets may be worn while on
duty, inclusive of breaks.
Mike Osborn explained this item was discussed with Ocean Rescue, and with Jody
Rivers, and Wally Majors. They have a copy of what they agreed on. There was
discussion this item would be discussed further.
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29, 2007
40.6. Uniforms destroyed or damaged while being worn on the job will be replaced
provided a memo is submitted from the employee to the supervisor outlining
outlining the cause of the damage is provided. All issues being replaced must
be turned in for the new issue and recorded.
Ms. Goebelt explained the above language was to clarify confusion over who was to
submit the note. It was thought employees needing assistance with writing a memo
would receive assistance.
40.8. During the term of the Agreement, should the City provide J uniform c1eJning
service to bJrgJining unit members, J committee mJY determine to chJnge the
color of the uniforms to the color "blue". Employees mJ)' opt out of utilizing the
uniform c1eJning service if they CJn provide documentJtion from J physiciJn
indicJting J medicJI condition thJt requires the use of other c1eJning process.
The City reserves the right to utilize a uniform service for the provision of
uniform apparel.
There was discussion there was supposed to be a uniform service and that they
generally are very expensive.
40.9. An employee mJ'y' weJr J City approved JlternJte uniform When the employee
has a medical condition, as identified by the employee's physician and verified
by a City appointed doctor, which condition prevents the employee from wearing
the standard department uniform the employee may wear a City approved
alternate uniform. If the medical condition is for an extended period of time, an
updated doctor's note shall be resubmitted every two years.
40.10.1. Failure to wear the proper uniform will result in the appropriate disciplinarv
action in accordance with Article 12.
There was additional discussion on Article 40.9. There were issues with employees
claiming they have notes and it has been years. Ms. Goebelt reported they were
straightening that matter out now.
Article 41 Insurance
To be determined pending the tax reforms.
Article 42 Personnel Files
42.1 The personnel files for all City employees are maintained by the City's Human
Resources Department. If a request is made to review an employee's personnel
file by someone other than the Department Director, the Human Resources
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NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29, 2007
Department Staff of the City Manager's office, a notice will be sent to the
employee notifying him/her of such a request. Consistent with State law, the City
agrees that upon request, a member shall have the right to inspect his/her own
personnel records and shall have the right to make duplicate copies of his/her
records at no expense. The City will purge personnel files in accordance with
appropriate Florida State Statutes. The employee file maintained by the Human
Resources Department shall be the official file for each employee, Human
Resources Department shall be the official file for each employee, but all records
related to an employee, regardless of who acts as custodian, constitute records of
employment.
Article 43 Tuition
To be determined pending the tax reforms.
Article 46 Pension
46.1. Employees will continue to participate in the employees employees' pension plan
of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the
plan's annual actuarial valuation report will be provided to the Union, in its
entirety, upon request from the Union.
Article 47 Substance Abuse
47.1. 47d The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in OrdnJnce No., 92 Sl the current City aft€!
Ordinance and will work with the City to enforce the provisions of the policy. It
is recognized by the Union that the City1s Drug Free Workplace Policy applies to
all members of this bargaining unit.
Ms. Goebelt explained the City policy is being revised to comply with State and Federal
guidelines. They just added the current City ordinance and anticipated a new
ordinance being approved by the Commission. There was no reference to CDL holders
in the documents. Ms. Munley explained they would not agree to having rights
violated or adding things that were not prescribed by law.
Article 48 Probationary Period
48.1. In order to determine that each employee is placed in a position most likely to
result in a successful career at the City, Aall newly hired, rehired, and promoted
employees or rehired employees shall be subject to a probationary period~ at
one (1) yeJr.
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Meeting Minutes
NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29, 2007
48.2.1. New Hires/Rehires (Full-time);
Each new full time employee must successfully complete a probationarY period
of twelve (12) months from the date of hire.
Promotion from Part-time to Full-Time
Each promoted employee must successfully complete a probationary period of
twelve (12) months from the date of promotion
Upon successful completion of a probationarY period, the probationary employee
will be considered a regular employee.
48.2.2. Promotion to a Higher Graded position, Demotion or Lateral Transfer
~ All promoted demoted, and lateral employees transferred employees to a new
job classification shall be subject to a probationary period of six (6) months.
48.2.3. Transfer to a Different Position, whether in the same or a lower pay qrade;
Each transferred employee must successfully complete a probationary period
six (6) months from the date of transfer.
ProbationarY employees, whether in their first year as an employee or in their
six (6) month promotional probationarY period, have no property entitlement to
their position, and therefore, are not entitled to appeal rights.
There was discussion on the above paragraph. Ms. Goebelt explained if employees are
terminated while on probationthey have no appeal rights, even promoted individuals.
This language was taken from the White Collar Agreement. Ms. Munley was not in
agreement.
Article 52 posting of Agreement
52.2. The Union Jgrees to pJ'y' the City up to $300.00 to offset the cost of the printing
Jnd distribution of this Agreement to bJrgJining unit employees. City will post a
copy of this agreement, as ratified on the City's web page.
Article 54 Duration
Ms. Goebelt explained they added a re-opener pursuant to Article 4.
S1.2. Either pJrty The City may reopen the Wage Article with thirty (30) days written
notice to the union, pursuant to Article 4 Jnd two JdditionJI Articles during the
second yeJr of the Agreement (lOll/OS 9/30/06). It's the intent of the pJrties
thJt if there is J re opener of wJges in yeJr two, thJt they '.viii Jttempt to reJch
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Meeting Minutes
NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29, 2007
In Jgreement on wJges for both the second Jnd third yeur of the Agre~~.
If Jnd only, if the pJrties reJch In Jgreement for wuges for yeJr h\'o, but not
yeJr three, the union mJY request re opener of only the \\'Jge Jrti~~ f~~ ~~
third yeJr of the Agreement, pro'/ided it does so in '.vriting no IJter thJn July 1,
~
54.2. A notice of intent to reopen shall be made in writing. The parties will promptly
engage in bargaining the reopened articletst.-
It was noted there were formatted changes in the closing of Article 54.
Ms. Munley wanted to revisit Article 48. She indicated if someone with tenure was
looking to upgrade and take a promotional position, and for some reason it did not
work out, the promoted probationary employee is now out. Ms. Munley clarified for
whatever reason they were unable to do the job, they would have then lost their
retirement and they were out. Ms. Goebelt explained the employee could apply for
other positions and it was also noted that once an employee was promoted, a new
employee would have been hired to fill the old position. Ms. Munley was not in
agreement with this article and requested the City rethink its position on it.
Ms. Goebelt explained the City hoped to know a lot more after June 12th and was very
concerned and the fiscal state of affairs. She explained the City Manager was doing
everything possible to save each job. Vacant positions are put on hold, and they do
not know the impacts. There could be as much as a 36% cut on the general fund.
There was discussion on the general fund budget and reserves. Although the City has
reserves, the City cannot fund continuous services on reserves as it was not fiscally
prudent.
Ms. Munley had attended public hearings on the issue and has heard dark stories.
There are things that could be done before the issue becomes too radical. She
explained the last thing the City should think of cutting was something the public has
already paid for. There was discussion services would be lost.
There was further discussion some mandates have also changed requiring a higher
cost. Mr. Bressner had submitted a proposal to Tallahassee, but how significant the
loss will be was unknown. Program evaluations were undertaken, and the budget is
still in proposed form. Each department has met with the City Manager and their
budgets reviewed. Some cuts were suggested but until the numbers come down from
Tallahassee, the issue is still unsettled. The budget was significantly higher this year
than four years ago, probably $8M - $10M as was the new head count (32).
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Meeting Minutes
NCF&O Blue Collar Negotiations
Boynton Beach, Florida
May 29,2007
Residents don1t want to pay property tax but don't want services cut. After additional
discussion on the uncertain future of services, grants and other city services, the
teams established new meeting dates. These dates were June 11th at 10:30, June
20th at 2:00 p.m. and July 11th for a day-long session commencing at 10:00 a.m.
Human Resources will send out the notice and the team was to review the documents
and be ready to discuss each article at the next meeting.
The meeting ended at 11 :48 a.m.
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Catherine c~r -Gu erman
Recording Secretary
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