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Minutes 05-26-05 CONTRACTURAL NEGOTIATION MEETING BETWEEN IAFF LOCAL 1891 AND THE CITY OF BOYNTON BEACH HELD ON THURSDAY, MAY 26, 2005 IN THE FIRE/POLICE TRAINING ROOM, CITY HALL, BOYNTON BEACH, FLORIDA AT 1 :30 P.M. Present: For the City: For the Union: Bill Bingham, Fire Chief Ray Carter, Deputy Chief of Operations John Jordan, Assistant Director of Human Resources Lt. Dean Kinser, President Lt. Robert Kruse, Vice President Lt. Larry Lederhandler, Treasurer Lt. Thomas Murphy, Jr., Secretary Firefighter J.C. Julia, Business Agent Firefighter Barkley Garnsey, Information Command Coordinator Call to Order Chief Bingham called the negotiation meeting to order at 1 :36 p.m. A sign in sheet was circulated and provided to the Recording Secretary for inclusion with the minutes of the meeting. Chief Bingham would like to have by the end of the meeting a clear understanding of the Union's wage proposal. Chief Bingham understands the Union's longevity proposal and was agreeable to have discussion regarding medical certifications. He felt that these were the three most important items on the table. Chief Bingham would like to have discussion regarding medical examinations and the additional testing previously discussed. He has received the costs that had been discussed at the last bargaining session. He would like to know why the Union is requesting these additional items. Chief Bingham pointed out that some of the issues are already addressed in the physical mandates in N.F.P.A. 1582 compliance. Also, some of these issues are addressed in N.F.P.A. 1581 that also deals with medical examinations. It has been determined that some of the tests the Union is requesting are already being done. If the Union is aware of this and merely wants to codify this in the collective bargaining agreement, Chief Bingham stated this could be done. Chief Bingham questioned if the additional components to the medical examination, such as Hepatitis A, are necessary for the entire populous of the Department. He pointed out the chances of a firefighter or paramedic coming down with Hepatitis A is almost impossible. However, it may be applicable to the dive team. He would like to discuss this further. Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 26, 2005 Chief Bingham would like to come to the next meeting that will be the sixth bargaining session with a proposal the parties could agree to today or a counterproposal to the Union. With regard to wages, Chief Bingham noted that the format used by the Union is different from the previous format for the last three years. There was an adjustment made for the first year of $1,000, and he would like to discuss this as well. If the City decides to go ahead with the insurance component presented by the Union, Chief Bingham noted it would have to go to Executive Session and the City Manager. Further, if there is an employee contribution, the details of how this would work need to be determined. Chief Bingham anticipates by the next session everything would be on the table and after that he could go to Executive Session. He has not had an opportunity to speak with City Manager Bressner to discuss some of the items that have been discussed during the past two to three meetings. Lt. Kinser agreed that some of the items from the last session need to be cleaned up. He suggested they deal with these before proceeding to new business. Articles that still need to be addressed are Compassionate Leave, Uniforms, and Family Sick Leave. Chief Bingham agreed with Lt. Kinser and he has clean articles to present to the Union. Minutes of May 12, 2005 Bargaining Session Chief Bingham noted that Firefighter "Barkley" Garnsey's name was spelled incorrectly on the first page. On Page 7, Article 26, the second full paragraph should be deleted because it is a duplication of the first paragraph on Page 8. There were no other corrections to the minutes. Article 10 - Uniform and Safety Equipment Coveralls were changed to Jumpsuit in the list of uniforms. There were no other changes to this Article. Article 16 - Exchange Time The typo in Section 2 was corrected from Firefighter "21" to Firefighter "2." There were no other changes to this Article. 2 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 26, 2005 Article 11- Physical Exams and Immunizations The word physical "exams" in the first sentence of Section 1 B was changed to physical "exam." The sentence now reads: "It is the responsibility of the employee to ensure that the physical exam, as noted in Section 'A' and all necessary follow-up testing be completed in a timely manner, as scheduled." With regard to "fitness for duty" notification, staff spoke to the clinic and was informed they send out a standard letter. However, it was noted the letter sent out did not have the same language that the City received regarding fitness for duty. Chief Bingham stated the City would provide the clinic with a suggested letter so when a person receives their physical this specific information will be in the letter. The clinic was agreeable to including the requested language. Also, in Section 1.B, in the last sentence, the word "association" was changed to "associated." The parties will come back to this Article to discuss immunizations after the housekeeping articles have been addressed. Article 18 - Compassionate Leave As discussed at the previous bargaining session, the word "vacation" was stricken from the last line of the last sentence in Section 2 and additional language was added. The sentence now reads as follows: "Failure to do so will result in the rescIssion of previously paid leave, providing due process is followed with regard to disciplinary action." Article 17 - Sick Leave It was noted that there was no Article number on the page. Chief Bingham pointed out the last two sentences of Section 9 now read as follows: "For the purpose of this Section, a doctor's letter must be submitted and the "immediate family" shall consist of the employee's spouse, parents, children, or any family member residing with the employee for which the employee is the primary care giver. Employees requesting this family sick provision for other than the immediate family shall provide Administration with verifiable proof of primary care giver status prior to the use of this provision." 3 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 26, 2005 Mr. Garnsey thought language in the last sentence of Section 9 should read "...any family member residing with the employee, or for which the employee is the primary care giver" and should be added after the words "residing with the employee." Chief Bingham did not think this wording would resolve the issue. He thought the previous discussion was if a person was the primary care giver to a member of the family and could provide verifiable proof of this, the City would allow family sick leave. Chief Bingham thought a family member had been defined and putting in the language proposed by Mr. Garnsey would open this up again. Mr. Garnsey stated the intent of their language was to include a person who may live next door or just down the street and the employee is the primary care giver for that person, whereby he/she should be able to take time off. He did not think the person had to reside with the employee. In this instance, the employee would also have to provide proof they are the primary care giver for that individual. Mr. Jordan felt the intent of the language was to cover people who fell outside the definition of family under FMLA. So as not to belabor the discussion, Chief Bingham stated that the Union has submitted a proposal and the City has submitted a counterproposal and this is where the parties stand. Chief Bingham felt the City has given on this article and it covers most of the intent of what the Union originally requested. He is not willing to go any further than what is written in the Article now. Mr. Garnsey inquired if a grandparent was included under FMLA. Mr. Jordan was not sure. Mr. Garnsey noted there was an employee that needed time off to care for a grandparent and had difficulty getting time off because the contract stated he was not eligible to take family sick under those circumstances. The Union requested to caucus at 2:00 p.m. The Meeting reconvened at 2:03 p.m. Chief Bingham inquired if this was the same article where family members were added. Lt. Kinser stated that was added to Compassionate Leave, which is Article 18. Stepmother, stepfather and stepchild were added in that Article. The City added under Section 2 the 30-day notice. Chief Bingham noted in the original IBB Worksheet, the Union added Foster Parents, Foster children, Step Children, Grandparents and Grandchildren to Article 17, Section 9. Chief Bingham said Mr. Jordan was trying to determine whether grandparent was included under FMLA. Lt. Kinser stated this is what they originally proposed and in looking at the minutes, it stated the City was cautious about adding these family members because it might open up a "can of worms." After that, the Union came back with a proposal because Chief 4 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 26, 2005 Bingham requested the Union bring some language back. Chief Bingham concurred with this. Lt. Kinser stated they would agree to the language and it did not need to be readdressed. Chief Bingham reported that the City has provided some draft language for a Letter of Understanding for "Hours of Work." Chief Bingham asked if the Union was in agreement with the Letter of Understanding or if they had any changes or recommendations. If there were no changes, it could be included with the Articles to be T A'd. Deputy Chief Carter pointed out that the Letter of Understanding would cover the period between now and adoption of the contract for purposes of the Kelly Day issue. Mr. Jordan reported that grandparents are not covered under FMLA; however, the City has made concessions in this regard. Article 11 - Physical Exams & Immunization Chief Bingham read the letter sent to the clinic requesting prices. The clinic informed the City that the cost for the Hepatitis A Series was $150 per employee, per physical. The clinic informed the City that in performing the annual physical, they test for Hepatitis A and B and the Hepatitis B vaccine and titer is part of the contract along with Tetanus and PPD's. Chief Bingham asked why the Union felt there was a need for Hepatitis A immunizations. The doctor at the clinic felt there was a very slim chance of anyone contracting Hepatitis A in the line of work, with the exception of the dive team. N.F.P.A. 1581 addresses Hepatitis A for high-risk personnel that could contact Hepatitis A. Lt. Lederhandler said they got this information by going to Websites on the Internet that contained recommendations for firefighters and paramedics. Chief Bingham stated this would cost a sizeable amount of money if it were required and Lt. Kinser acknowledged it could come to $16,500. Chief Bingham recommended that the Union bring back a counteroffer. The City acknowledges there could be a limited need for Hepatitis A, but questioned whether there is an overall need for it. Mr. Julia noted certain circumstances that could result in contacting Hepatitis A, and he did not think firefighters would contact this from patient care while out in the field. Mr. Julia noted that it could be contacted by not properly washing your hands. The cost of the Pneumococcal Immunization is $38 per person. Chief Bingham asked what the justification was for this. He noted the standard for this shot was for people over 65 years of age. Lt. Lederhandler stated the CDC recommends flu shots for people over 65 years of age, unless a person is in a high-risk occupation. Deputy Chief Carter stated they checked whether firefighters were an occupation that required a Pneumococcal immunization and it was not included. Also, there were no high-risk 5 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 26, 2005 occupations for that immunization. The Union will further research these issues. Chief Bingham recommended the Union contact Tom DiBernardo of the Sunrise Fire Department. Mr. DiBernardo is an expert on communicable diseases for firefighters at the local, state and national level. Anyone wanting to speak with Mr. DiBernardo should contact Chief Bingham for the telephone number. The cost of the titers for measles, mumps and rubella is $55 per person, per physical. The cost of the vaccine for this is $85 per person. Chief Bingham stressed if it was proven that these immunizations were important, he would be agreeable to the City providing them. Lt. Kinser inquired about the cost for the Tetanus. Lt. Lederhandler stated the Tetanus was not an issue because they are currently being provided. Lt. Lederhandler stated the Union's concern was they wanted it stated in the contract in the event it was taken away. Lt. Kinser stated the Union would further research these issues. Chief Bingham responded the City would come back with a counterproposal to the Union's proposal. He also noted that Dr. Wolff has offered to come in and speak at the next labor/management meeting. Lt. Kinser stated they have had some meetings with Dr. Wolff in the past and the only thing the Union would like is a copy of the current contract because of the problems that surfaced under the last contract. Article 14 - Wages Lt. Kinser referred to the Union's wage proposal. Also provided was a matrix of salaries of comparable agencies. Chief Bingham noted that a wage adjustment was made for the first year that was a $1,000 increase to salary, as opposed to a percentage. Lt. Kinser stated this was correct and the $1,000 was to base salary. After the initial one- year period, there is a percentage increase for each step of the plan, which had previously been presented. Chief Bingham requested that the Union go over their figures. Mr. Garnsey pointed out that the probationary pay would be $36,424.97 that includes the $1,000, which is an increase over the 2004 probationary pay. When a person moves up to Firefighter I, they would receive the pay range of Firefighter I and on their anniversary, which is in April most of the time, they would go up one step. On the following October 1st, a person would go into the next pay scale, but would remain in the same step. When a person undergoes their annual evaluation in April, they would move up one step. Chief Bingham noted that the steps were 5% and Mr. Garnsey stated it was the same as what is in place now. Chief Bingham asked what the increases would be going from left to right on the matrix. Mr. Garnsey stated this would vary since the Union is proposing $1,000 then $1,500 and $1,500. The $1,000 increase represents a 2.82% increase effective October 1,2005. 6 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 26, 2005 Mr. Garnsey referred to the wages on the matrix of comparison agencies. Chief Bingham noted that the comparison study had Boynton Beach's salary as of October 1 , 2004 and he requested another matrix that would show what the salaries would look like as of October 1,2005. Mr. Garnsey pointed out that their starting pay with the $1,000 increase was still 8.68% below the average and the City's maximum pay averaged 22% to 23% below other maximum pays. These figures were contained on lines 35 and 37 of the comparison matrix. It was pointed out that Ft. Lauderdale had the highest starting pay. Chief Bingham asked about Boca Raton and Mr. Garnsey stated the City did not want to include Boca Raton. Lt. Kinser reported that Boca Raton's starting salary is $41,724, excluding any incentives. Mr. Garnsey pointed out if Boca Raton had been included, it would have increased the disparity. The City requested to caucus at 2:34 p.m. The meeting reconvened at 2:45 p.m. Chief Bingham stated that the first page that he provided represents all the work he was able to do. There will be remaining pages in draft form and when the parties meet next time, Chief Bingham will have them ready. Chief Bingham would have liked to have the minimum and maximum salaries for the Battalion Chiefs and anticipated he will have this ready for the next meeting as well. Lt. Kinser provided Chief Bingham with the Union's minimums and maximums for Battalion Chiefs. The Union put it into a 12-step plan for three years. Chief Bingham pointed out that the Union's proposal for a Battalion Chief's starting salary is 5% above what the City is proposing for a minimum for a Captain's salary. The City will have a counterproposal for the next meeting. Article 25 - Educationallncentive The Union's proposal is contained on the IBB worksheet. The Union is requesting that the Department match what the State pays as an educational incentive under Florida Statutes. Chief Bingham will review this. Longevity - The Union presented the City with its proposal. Chief Bingham stated he did not prepare a counterproposal for this Article and he would like to have the opportunity to do more research on this. The other Departments that the Union included in its comparisons had longevity plans as shown on the matrix previously presented. Most of those longevity plans were based upon a percentage for a certain number of years worked, such as five, ten, fifteen, twenty, etc. The percentage is commonly based upon salary. Chief Bingham pointed out that the longevity plan currently in place for firefighters is the same plan for all City employees. Lt. Kinser noted several years ago the firefighters had a longevity plan that 7 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 26, 2005 was incorporated into the old pay plan that was based upon percentage, but was later eliminated. Since that time, there was no longevity plan negotiated. Chief Bingham noted firefighters had not received any longevity bonuses for a period of seven to eight years until recently when they participated in the same longevity bonus plan for all City employees. Chief Bingham asked the Union what their proposal was for longevity bonuses. Lt. Kinser responded that their proposal was as follows: ~ Years five (5) to nine (9,) an employee would receive 25~ per hour; ~ Years 10 to 14, an employee would receive 50~ per hour; ~ Years 15 to 19 years, an employee would receive 75~ per hour; and ~ Twenty (20) years to the time an employee leaves the Department, he/she would receive $1.00 per hour. Lt. Kinser pointed out that a great many municipalities in the comparative study have much greater longevity bonuses that amount to thousands of dollars compared to the Union's proposal. Article 26 - Medical Certification Lt. Kinser stated the Union looked at the City's proposal that proposed a 25~ increase during the last year of the contract. Chief Bingham responded that it was 22~. Chief Bingham felt it was difficult to look at salary, longevity and paramedic incentive on their own. He noted the Union presented a salary package that included all three components and it did not make sense to separate the items. Lt. Kinser agreed with Chief Bingham. When they next meet, Chief Bingham anticipates having a draft package in place that will incorporate all three components. Article 38 - Camp Time Lt. Kinser noted the Union gave the City its proposal and the City was going to come back with a counterproposal. Lt. Lederhandler stated the Union's proposal increased the comp time cap to 120 hours and employees are restricted from comp time activities at 108 hours. Chief Bingham noted the Department has the proposal and discussed the proposal at length. He did not anticipate any problem with this and will bring something back to the next meeting. Article 12- Group Insurance Mr. Garnsey asked if the Department received the Union's IBB Worksheet on dependent coverage for medical premiums and presented a copy to Chief Bingham. The Union is requesting that the City pay 50% of dependent coverage for medical premiums. This was originally presented to the City during the second session. 8 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 26, 2005 Chief Bingham asked Mr. Jordan what the insurance outlook for the City was, and Mr. Jordan responded there has been an initial offer of an increase of 24% because the City has experienced a bad year. He anticipated that there would at least be an increase of approximately 12% in premiums. The City will continue to negotiate with Blue Cross- Blue Shield. Lt. Kinser asked about the retiree insurance program presented at the previous meeting and whether the City had any discussions on this. Chief Bingham stated there have been none. It still needs to be determined how and when contributions would be provided. When preparing a cost assessment of the three major articles, there are a couple of other things that need to be included in the mix. Lt. Kinser recommended creating a new article specifying the program itself and the defined contribution. Chief Bingham agreed that this was separate from wages. Lt. Kinser will provide draft language for this. Chief Bingham would like an opportunity to discuss this with the Commission first before discussing it at the table. Next Meeting Date: Tuesday, June 14, 2005 - 9:00 a.m. to 11:00 a.m., Fire/Police Training Room Adjournment There being no further business, the collective bargaining meeting adjourned at 3:25 p.m. Respectfully submitted, /1 ~/U..... hl./t'- )h. I've a.-cL,;l<(..\ Barbara M. Madden Recording Secretary (June 2, 2005) 9