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Minutes 06-01-05 MINUTES OF THE WHITE COLLAR COLLECTIVE BARGAINING SESSION BETWEEN THE NATIONAL CONFERENCE OF FIREMEN & OILERS AND THE CITY OF BOYNTON BEACH, FLORIDA, HELD ON THURSDAY JUNE 1,2005 AT 2:00 P.M. IN CONFERENCE ROOM B, CITY HALL, BOYNTON BEACH, FLORIDA Present: For the City of Boynton Beach: For NCF&O John Jordan, Assistant Director of Human Resources Jeff Livergood, Director of Public Works Sharon Munley, Trustee, Local 1227 Skip Lewis, NCF&O (Code) Pam Welsh, NCF&O (Utilities) Call to Order The bargaining session was called to order at 2: 19 p.m. A sign in sheet was circulated and provided to the Clerk for inclusion with the records of the meeting. Open Articles: ~ Article 16 - Wages ~ Article 19 - Emergency Pay Policy ~ Article 52 - Duration Article 19 - Emergency Pay Policy Mr. Jordan distributed the proposed Civil Emergency Ordinance that will be presented to the City Commission for approval. On page 6 there is language in the Ordinance that provides for employees who do not come to work due to the emergency still being paid for the hours they were scheduled to work. In Section 2 on the same page it states, 'The employee will be compensated at a premium rate of double their regular base rate of pay for all hours actually worked, including hours which would otherwise qualify for overtime pay (time and one-half)." Mr. Jordan explained that the proposed Ordinance provides that employees who work any time during an emergency would now be paid double time. Previously overtime was only time and one half. The Union took the opportunity to review the Ordinance. Ms. Munley pointed out that previously employees received double time and one-half for hours worked during an emergency. There is a typo in line 22 on page 6. The word "not" should be changed to "nor" so that the sentence would read, "No employee is entitled to nor shall receive standby payor Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida June 1, 2005 call back pay during a period of local emergency." Mr. Jordan stated during an emergency there is no standby or call back. Ms. Munley requested that the Ordinance be put in the form of an Article. Mr. Jordan presented a new Article 19 that incorporates the language in the Ordinance. Ms. Munley questioned Section 19.5 (Duty to Work) on Page 43. She noted there may be circumstances where an employee cannot get to work due to circumstances beyond their control. Ms. Welsh reported during last year's hurricanes certain white-collar employees were scheduled to call in when they received the City's recorded call. However, a particular employee's phone service went down and she was unable to call in. As a result, this person was docked one-day's pay because she did not come into work. Also, Ms. Welsh thought that the automatic calls from the City did not work properly and there was confusion. Mr. Livergood pointed out the section states an employee "is subject to be disciplined." This does not mean an employee would actually be terminated. He pointed out employees were aware they had a duty to report to work in the event of a hurricane, especially employees in certain classifications. Mr. Jordan did not think many white- collar employees were impacted by last year's hurricanes with regard to reporting to work. The parties discussed circumstances where employees could not come in to work that would probably not be subject to discipline. Ms. Munley had questions regarding Section 19.8 (Record Keeping) and asked why it was the employee's responsibility for keeping accurate time logs. She felt that this should be the supervisor's responsibility. Mr. Jordan responded if an employee is working, it is his/her responsibility to let someone know that they are working. Ms. Munley noted the section provides that a person could be terminated if they submitted false information. Mr. Jordan stated there needs to be checks and balances in place and it is important for employees to keep track of the time they work, especially during an emergency because there may be no one else that could track a particular employee's time. Mr. Livergood noted the provisions state all employees are responsible for keeping track of their time--especially if there is no power, there would be no time clocks. It is the employee's responsibility, as well as the supervisor, to keep track of time worked. This would cut back on disputes of time worked. Ms. Welsh pointed out the Utilities Department made a special form for employees to track time worked during the hurricanes and the form was signed off by the supervisor. Mr. Livergood pointed out in Section 19.7, the same change needed to be made as in the Ordinance - "No employee is entitled to nor shall receive standby payor call back pay during a period of local emergency." The Union responded they would discuss the City's proposal. 2 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida June 1, 2005 Article 16 - Wages Ms. Munley pointed out the typo (up to 46.0) in Section 16.1.2 qq still had not been corrected. Mr. Livergood prepared new language for this Section, which was distributed and read. The "46.0" should be changed to "4.0." Mr. Lewis inquired about the adjustment for inflation for top out pay that is supposed to be done every three years. He noted the last one was done in 2001. Mr. Jordan stated this would be taken care of with the Pay and Classification Study now being done. Ms. Munley did not think this could be done in time because the Study should have been completed by October 2004. She noted, however, the contract would be reopened next year in order to implement the Study and Mr. Jordan stated that was correct. Ms. Munley noted this was the same wage proposal previously submitted by the City. Mr. Jordan confirmed that this was the original wage proposal. Ms. Munley inquired in Section 16.3 why an employee after their 90-day evaluation period could face dismissal if their performance has not improved. These employees would be placed on the performance improvement plan and would not receive any raise. Ms. Munley requested that this language be stricken, which Mr. Jordan agreed to. Mr. Livergood prepared new language for the Section 16.1 .2qq that clarifies the graduated pay scale for merit increases that goes from 2% to 6%. For example if a person received a performance score of 2.5, they would receive a 3% performance wage increase; if a person received a performance score of 3, they would receive a 4% performance wage increase; 3.5 would receive 5%. Mr. Jordan pointed out that all employees received the 2005 Evaluation to Merit Score Conversion Chart that showed how the performance scores were calculated out. Mr. Jordan recommended adding the chart as an appendix to the contract, copies of which were provided to the Union. The Union caucused at 2:48 p.m. The Meeting resumed at 3:00 p.m. Ms. Munley reported that the Union is agreeable with the Emergency Pay and Wages Articles with two caveats. The first caveat is that the 2005 Evaluation to Merit Score Conversion Chart would be attached to the contract. The City agreed to this. Secondly, the Union wanted the language dealing with the Performance Improvement Plan that a person would be dismissed after 90-days deleted. Ms. Munley requested the Performance Appraisal Instrument be part of Labor/Management. Mr. Jordan did not have a problem with continuing to work on improving the tool. Mr. Livergood responded the tool is not the problem; it is the evaluator. Ms. Welsh felt there needed to be a process in place that would let employees know how they can attain a better performance score. Mr. Jordan recommended working on 3 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida June 1, 2005 this through Labor/Management. She noted personalities needed to be taken out of the process. Mr. Jordan recommended adding language that would state the parties would work on the evaluation process through Labor/Management. The language in Section 16.2 qq would be changed to read, "Performance evaluation score shall generate the merit increase outlined in Appendix A, which is attached to this Agreement." The Second and third sentences of Section 16.3 will be deleted. The following language will be added at the end of Section 16.2: "Through Labor/Management, the Union and the City shall continue to work on the evaluation process in order to better ensure pay equity for employees. " Article 52 - Duration The Union is proposing a three-year contract with a wage re-opener next year. Further, Ms. Munley requested the second sentence in Section 52.1 be modified to read, "No wage or benefit provided herein is retroactive in nature prior to the effective date of this Agreement, which is October 1, 2004." Ms. Munley wanted assurances that the effective date was stated in the contract. Mr. Livergood recommended deleting the last two sentences of this Section, to which Ms. Munley agreed. Ms. Munley wanted it stated for the record that it was the City's intention that wage increases are retroactive to October 1, 2004 for the 2% cost of living and the merit increases are retroactive to April 1, 2005. Mr. Livergood responded that it is the intention of the bargaining team that the wages would be retroactive as stated in the previous sentence. It was agreed that the only sentence that would be deleted in Section 52.1 would be the second sentence. The other two sentences would remain as written. Ms. Munley requested that the date of the term of the contract be changed to September 30, 2007. She was opposed to having the entire contract reopened every year. The City requested to caucus at 3:15 p.m. The meeting reconvened at 3:21 p.m. Ms. Munley requested that the Union be allowed to hold its informational meeting in Commission Chambers. Mr. Jordan stated the City would be agreeable to a two-year contract through September 30, 2006. Ms. Munley pointed out the Police were given a three-year contract and questioned why the City would not agree to one for other employees. Ms. Munley requested there be language in the contract that it would be reopened next year 4 Meeting Minutes NCF&O White Collar Negotiations Boynton Beach, Florida June 1, 2005 to implement the wage study. Mr. Livergood stated the contract would be subject to a re-opener of Article 16. Mr. Livergood added language that stated, "Both parties agree to reopen Article 16 for the purpose of determining wages for the 2005/2006 City fiscal year." The parties agreed to the addition of this language. The parties TA'd the following Articles: ./ Article 16 (Wages); ./ Article 19 (Emergency Pay Policy); and ./ Article 52 (Duration). Ms. Munley requested that the City provide her copies of T A'd Articles that she did not have as follows: Article 31 (Leave of Absence); Article 36 (Safety and Health); Article 38 (Personnel Files); and Article 47 (Labor-Management). Mr. Jordan provided Ms. Munley with copies of the requested TA'd Articles. Mr. Jordan noted that he was missing Article 39 (Tuition Assistance Program) and Ms. Munley provided him with a copy. Ms. Munley will prepare a memo to the membership informing them (1) of what has transpired; (2) provide a date for the public meeting; and (3) set a date for ratification of the contract. Ms. Munley inquired when the contract would go to the City Commission. Mr. Livergood stated if the contract was ratified and ready to be sent to the City Attorney's Office by June 16th, it could make the July 5th agenda. Mr. Livergood will ask the City Manager to add the contract to Future Agenda Items. Mr. Jordan will provide an updated contract with the strikethroughs, as well as a clean copy to Ms. Munley. Ms. Munley will use the T A'd copy when the membership votes. Mr. Jordan will check on the availability of the Chambers for both the informational meeting, as well as ratification of the contract. Adjournment There being no further business, the meeting properly adjourned at 3:52 p.m. Respectfully submitted, Ahvtt..- ji,1. Al ttd-t,,- Barbara M. Madden Recording Secretary (June 8, 2005) 5