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Minutes 09-12-07 MINUTES OF THE BLUE COLLAR COLLECTIVE BARGAINING SESSION BETWEEN THE NCF&O AND THE CITY OF BOYNTON BEACH HELD ON WEDNESDAY, SEPTEMBER 12, 2007 AT 9:00 A.M. IN THE FIRE POLICE TRAINING ROOM, CITY HALL BOYNTON BEACH, FLORIDA Present: For the City of Boynton Beach For NCF&O Sharyn Goebelt, Human Resources Director Jim Cheraf, City Attorney Michael Low, Deputy Utilities Director Bobby Jenkins, Assistant Finance Director Marylee Coyle, Assistant Human Resources Director Shellie Sewell, Esq. Don Roberts, U.S., NCF&O Jeff Mark, U.s., NCF&O Mike Osborn, U.S., NCF&O Kalem Mahd, U.S., NCF&O Absent: Bruce Boyens, Florida Public Service Unit of SEIU Jim Cheraf, City Attorney, opened the collective bargaining session at 9:17 a.m. Self- introductions were made. Attorney Cherof noted, after the last bargaining session, the City marked the contract with the additions and deletions the City believed were appropriate based upon prior negotiations, and the City's attempt to bring bargaining to a conclusion. The marked contract was pravided to the NCF&O for review. The City also offered its near-bottom line positions, and agreed to tackle the issues important to the Union. With regard to the articles no longer in dispute, the City suggested setting them aside. Upon completion of negotiations, Attorney Cherof would draft the ratification version. Attorney Sewell advised she was comfortable with tentatively agreeing to those items not being disputed. Attorney Cherof suggested reviewing the contract and determining those items which could be set aside, and exclude the items required to be discussed. 1 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida September 5-12, 2007 Article 1 - Preamble. The name of the Union should be reflected in Section 1.1 as "SEIU Florida Public Services Union crw, CLC." A global change will be made to ensure the correct name appeared throughout the agreement. This item was TA'd. Article 2 - Recognition. As noted above, the name of the Union should be reflected in Section 2.1 as "SEIU Florida Public Services Union crw, CLC" Article 3 - Rights of Employees. Attorney Sewell indicated the Union was not comfortable with this provision. Ms. Goebelt indicated the Union previously accepted the City's proposal of Section 3.3 The parties could not agree on the section and it was left open. Article 4 - Management Rights. There were no changes to the article and the parties agreed to TA this article. Article 5 - Strikes. As the Union was not permitted to strike, Attorney Cherof inquired as to the purpose of Section 5.2. He commented it would seem odd to presume a violation of law in the contract. The parties agreed to leave this provision in the contract and TA'd this article with the name change made in Section 5.1. Article 6 - Non-Discrimination. There were no changes to the article and the parties agreed to TA this article. Article 7 - Representation of the City. There were no changes to the article and the parties agreed to TA this article. Article 8 - Union Representation. This article was left open. Article 9 - Collective Bargaining. Attorney Sewell suggested a change from "two stewards per department" to "two stewards per division." Attorney Cherof commented two stewards per division would result in more than six stewards, and there could be no more than six stewards. The Union set forth an explanation as to why they believed two stewards per department would be of benefit. This article was left open. Article 10 - Union Time Pool. Attorney Sewell comment the Union had a question on this provision. Article 11 - Bulletin Boards. Ms. Sewell suggested striking the title. The parties agreed to TA this article. Article 12 - Progressive Discipline. This article was left open. 2 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida September 5-12, 2007 Article 13 - Grievance and Arbitration Procedures. This article was left open. Article 14 - Basic Work Week and Overtime. This article was left open. Article 15 - Task Assignment - Solid Waste. This article was left open. Article 16 - Work Breaks. Ms. Goebelt pointed out the word "either" in 16.1 should have been stricken. This article was left open. Article 17 - Compensatory Time. There was a question pertaining to the accumulation of 80 hours. This article as left open. Article 18 - Wages. This article was left open. Article 19 - Promotions, Reclassifications, Transfers and Demotions. This article was TA'd. Article 20 - Standby and Call Back Pay. The parties agreed to TA this article. Article 21 - There were no changes to this article and the parties agreed to TA this article. Article 22 - There were no changes to this article and the parties agreed to TA this article. Article 23 - This article was TA'd. Article 24 - Certification Pay. This article was left open. Article 25 - Sick Leave. This article was left open. Article 26 - Workers Compensation. "7" calendar days should be spelled out. This article was TA'd. Article 27 - Light Duty. There were no changes to this article and the parties agreed to TA this article. Article 28 - Vacation. There were no changes to this article and the parties agreed to TA this article. Article 29 - Bonus Days and Bonus Increases. This article was left open. 3 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida September 5-12, 2007 Article 30 - Holidays. There were no changes to this article and the parties agreed to TA this article. Article 31 - Compassionate Leave. This article was left open. Article 32 - Military Leave. There were no changes to this article and the parties agreed to TA this article. Article 33 - Leave of Absence. There were no changes to this article and the parties agreed to TA this article. Article 34 - Unauthorized Absence. This article was left open. Article 35 - Jury Duty. There were no changes to this article and the parties agreed to TA this article. Article 36 - Seniority, Layoff and Recall. There were no changes to this article and the parties agreed to TA this article. Article 37 - Recruitment and Selection. Attorney Cherof had no idea why this article was included in the agreement, as this was a function of Management. The parties agreed to TA this article. Article 38 - Safety and Health. There were no changes to this article and the parties agreed to TA this article. Article 39 - Tool Replacement. There were no changes to this article and the parties agreed to TA this article. Article 40 - Uniforms. This article was left open. Article 41 - Group Insurance. This article was left open. Article 42 - Personnel Files. This article was left open. Article 43 - Tuition Assistance Program. Ms. Goebelt advised the Organizational and Strategic Development Department was eliminated and merged into Human Resources. The parties agreed to TA this article. Article 44 - General Provisions. There were no changes to this article and the parties agreed to TA this article. 4 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida September 5-12, 2007 Article 45 - Dues Deduction. This article was left open. Article 46 - Pension. There were no changes to this article and the parties agreed to TA this article. Article 47 - Substance Abuse. There were no changes to this article and the parties agreed to TA this article. Article 48 - Probationary Period. There were no changes to this article and the parties agreed to TA this article. Article 49 - Longevity Benefit. This article was left open as it pertained to wages. Article 50 - Savings Clause. There were no changes to this article and the parties agreed to TA this article. Article 51 - Modification of Conditions. There were no changes to this article and the parties agreed to TA this article. Article 52 - Posting of Agreement. This article was left open. Article 53 - Collateral Documents. There were no changes to this article and the parties agreed to TA this article. Article 54 - Duration. This article was left open. The parties caucused at 9:42 a.m. and reconvened at 10: 19 a.m. Attorney Cherof announced 25 articles remained open. He believed ten of the open articles were not substantive, and he hoped the parties would reach a tentative agreement. Article 9 - Collective Bargaining. Attorney Sewell advised the Union accepted the language calling for a total of six stewards, and agreed to strike "two stewards per department" . Article 10 - Union time Pool. Attorney Sewell requested the last sentence in Section 10.7 to read, "Whenever the City has scheduled a meeting at which a Union representative is required and that meeting is cancelled, the City shall reschedule the event at the convenience of both parties." Article 16 - Work Breaks. Attorney Sewell requested a status quo. 5 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida September 5-12, 2007 Article 17 - Compensatory Time. Attorney Sewell advised the Union still had a question with regard to the accumulation of 80 hours. Ms. Goebelt advised no one in the Blue Collar bargaining Unit had more than 80 hours. The parties agreed to TA this article. Article 29 - Bonus Days and Bonus Increases. Attorney Sewell advised Section 29.2.1 was acceptable. In Section 29.1.2, the Union's concern was not everyone worked an eight-hour shift and the employees who worked a ten-hour shift would be shortchanged. Attorney Cherof commented the Union's concern pertained to bonus days, which was a uniform benefit where all bargaining members would be treated equally and therefore, no one would be shorted. This article was left open. Article 31 - Compassionate Leave. The Union requested "domestic partner" be left in. The remainder of the article was acceptable. Article 34 - Unauthorized Absence. In Section 34.1, Attorney Sewell proposed the last sentence read, "Separation of this type shall not be considered a disciplinary separation," omitting "and there will be no appeal, grievance or arbitration rights." This article would have to be discussed and was left open. Article 41 - Group Insurance. Ms. Goebelt advised she was waiting to hear from Mr. Boyens. She pointed out this was the identical language to the PBA contacts. She received the language from their attorney and she was awaiting their proposal. Ms. Goebelt also added language indicating the City would pay $7.00 per month towards the premium for family dental insurance coverage. This article remained open. Article 42 - Personnel Files. Attorney Sewell commented the Union's intent was to strike out the last sentence. The concern was that the Union wanted everything available in a centralized personnel file. This article remained open. Article 45 - Dues Deduction. Ms. Goebelt commented Mr. Boyens was going to provide new language; however, she never received the information. This article remained open. Article 52 - Posting of Agreement. Attorney Sewell proposed to keep the status quo in Section 52.2, with language indicating a copy of the agreement would be posted on the web page. The concern was that not all City employees had access to the Internet. The Union proposed each division had copies of the collective bargaining agreements available. Article 54 - Duration. Attorney Sewell proposed to strike the new language and keep the status quo. They would be willing to accept a two-year period, and agreed to the wage reopeners and the two additional articles. 6 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida September 5-12, 2007 Attorney Cherof clarified the Union's proposal to strike 54.2. In addition, the contract encompassed ,a two-year period, with the wage reopener in year two. The Union would come back with a proposal for year one. Attorney Cherof pointed out the Union did not provide a proposal for Article 3, Rights of Emloyees. He believed the challenge to closing out Section 3.3 was on the Union's side of the table. Article 8 - Union Representation. Attorney Sewell advised 8.4, was acceptable. With regard to 8.6, the Union proposed 20 days. Attorney Cherof pointed out a 20-day period was an operational issue which greatly impacted the employer. Article 12 - Progressive Discipline. Attorney Sewell advised Section 12.2.1 was acceptable. She questioned the necessity for the added language which referred to examples of misconduct. Under "Serious Misconduct, #1, "Violation or Disregard of City Safety and Procedures," #2, "Abuse of Personnel Policies," #3, "Abuse of Departmental Procedures and Work Rules," and #4, "Inefficiency or Incompetence," were acceptable. Under "Extreme Misconduct," #4," Illegal, Unethical or Improper Acts," the Union proposed to keep the progressive discipline options for two incidents. Article 13 - Grievance and Arbitration Procedures. In Section 13.2a, the Union proposed to keep the status quo. Attorney Cherof replied there was no status quo, and this would be arbitrated. The first strikeout in Section 13.4 was acceptable. Article 14 - Basic Work Week and Overtime. The Union rejected 14.6, as they would like the holiday. Article 15 - Task Assignment - Solid Waste. Attorney Sewell requested an opportunity to review this further. Article 16 - Work Breaks. This item would remain as it was. Article 18 - Wages. The City would provide language changes. In 18.3, Attorney Cherof advised the last sentence would be withdrawn by the City. The City would review this issue in conjunction with the longevity clause. The parties caucused at 11:21 a.m. and reconvened at 11:37 a.m. Article 20 - Standby and Call Back Pay. Attorney Sewell indicated the Union had issues relating to the Automatic Vehicle Locators (A VL). The Union would like to revert to the previous language, omitting the A VL and time clock language, and reverting instead to the log system. Attorney Cherof indicated the City would consider this request. 7 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida September 5-12, 2007 Article 24 - Certification Pay. In Section 24.3, the Union requested that upon reinstatement of the certification, the employee would receive the 5% increase. Mr. Cherof suggested adding the following language at the end of the sentence: "..., but shall be reinstated when the employee is recertified." The parties agreed to TA this article. Article 25 - Sick Leave. The parties agreed to revisit this article. Article 18 - Vacation. Attorney Sewell commented the 30-minute increment provision was acceptable to the Union. Section 28.3 was acceptable to the Union. The Union wished to keep 28.4 status quo. Article 40 - Uniforms. Attorney Sewell proposed two sweatshirts per year, with no formal request. Sections 40.2, 40.6, and 40.8 were acceptable to the Union. The Union wished to keep 40.9 status quo. The Union objected to 40.10 as the uniforms were not always in stock and therefore not always received timely. Attorney Cherof suggested adding the following clause to the end of the sentence: "...unless approved apparel is unavailable." This item was left open. Ms. Goebelt advised her office would schedule a date for the next meeting and contact the parties. There being no further business, the meeting properly adjourned at 12:00 noon. Stephanie D. Kahn Recording Secretary September 20, 2007 September 20, 2007 8 -- - -- - - -- --- .- - --