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Minutes 05-12-05 CONTRACTURAL NEGOTIATION MEETING BETWEEN IAFF LOCAL 1891 AND THE CITY OF BOYNTON BEACH HELD ON THURSDAY, MAY 12, 2005 IN THE FIRE/POLICE TRAINING ROOM, CITY HALL, BOYNTON BEACH, FLORIDA AT 9:30 A.M. Present: For the City: 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 Barclay BarklevGarnsey, Information Command Coordinator Also Present: Matthew J. Mierzwa, Jr., Attorney Call to Order Chief Bingham called the negotiation meeting to order at 9:39 a.m. A sign in sheet was circulated and is on file with the records of the meeting. Summary of Prior Meeting Chief Bingham distributed the Articles that had been discussed at the prior meeting. Some Articles contain the changes discussed. Article 10 - Uniforms and Safety Equipment In this Article "coveralls" has been changed to "jumpsuit." Also the "amount to be reimbursed will not exceed" in Section 1 has been changed from $65 to $125. Under the "quarter-master" system for uniforms two (2) long-sleeve tee shirts and wide-brimmed hat have been included. "Coveralls" should be changed to "jumpsuit" in the itemized list. Chief Bingham will make this change. Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Chief Bingham felt that the parties have most of the peripheral issues cleaned-up and out of the way. When they meet next time, he would like to get involved with salary, longevity, and the paramedic incentive component of the negotiations, which will be the final phase. Chief Bingham noted the parties have met four times. After they meet six times, he intends to prepare his summary matrix and request an Executive Session with the City Commission to inform them where they are at, what has been agreed to, and where the parties have a difference of opinion. His personal goal is to have the contract wrapped up after eight meetings and have it ready for ratification by the City Commission. (Lt. Dean Kinser arrived at 9:43 a.m.) Lt. Kinser introduced Attorney Matthew J. Mierzwa, Jr. who was present to speak on a retirement insurance plan. Attorney Mierzwa noted insurance costs continue to escalate which is especially detrimental to retired people and people on fixed incomes. This especially affects firefighters because they retire before they are eligible for Medicare. Attorney Mierzwa was approached by the Palm Beach County Firefighters in the '90s to see if he could come up with a solution to this problem. Under 9501 (c)(9) of the Tax Code, unions are tax exempt. The plan he devised is a VIBA (Voluntary Employees' Beneficiary Association) under that section of the Code. Attorney Mierzwa went through the steps for the plan that was adopted by the Palm Beach County Firefighters. There are approximately eight fire departments that now have similar plans. To set up a plan, the amount of the contribution into the plan needs to be negotiated. This could vary from an employer contribution, a give back of employees' wage increases, or a combination of both. The money would come from a percentage of payroll and this could vary. Currently it ranges between 1 % to 4% and the more money contributed, the better the benefit. Once the contract is agreed upon, a trust fund is established through a document entitled "Agreement and Declaration of Trust". This document establishes the legal entity and a Board of Trustees. The Board of Trustees must be controlled by the members of the bargaining unit. The next step would be to establish a plan of benefits, which is commonly done utilizing an actuary. Under this plan, the employer contribution is fixed, depending upon what is negotiated. Even though the percentage is fixed, the costs would go up as salaries go up; however, this cost would not increase at the rate that pension requirements do. The only variable that is not known is the benefit. The actuary will determine what the plan could afford as a benefit. 2 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 The plan could be established in many ways; some municipalities have simple plans, whereas others have very complicated ones. The more complicated the plan; the more expensive it is to administer. After the actuary determines what can be afforded, a plan document must be prepared. Once the plan is established, it operates similar to a pension system. However, the difference between this plan and a pension plan is that the benefits are not vested and there is no unfunded liability. The benefits can be paid many ways. The County sends out a yearly benefit check after it receives from retirees (1) proof of retirement, (2) proof of insurance, and (3) affidavit that the funds would be used for a qualified benefit. Attorney Mierzwa pointed out that the Trustees need to meet some time during the year to review investment returns. Some meet quarterly, whereas others only meet twice a year. Administrative costs are low once the plan is established. The start up costs would be for an actuary, an attorney and filing the appropriate documents with the IRS. Once this is done, the administrative costs are low. However, if the formula to pay benefits becomes more complicated, more costs would be involved. He has prepared eight of these plans and Attorney Mierzwa provided a sample Trust Agreement to the Union that could be adopted for the Boynton Beach Firefighters. Doing it this way would reduce costs. Attorney Mierzwa noted contributions are tax-free in and tax-free out, as long as the funds are used for a qualified insurance benefit. Attorney Mierzwa distributed an outline of plans that various municipalities have established and the plans and benefits were reviewed. Mr. Jordan pointed out that the City has adopted the Vantage Care Plan for employees. Attorney Mierzwa noted Vantage Care Plan benefits probably would not last the lifetime of the retiree because it is funded differently. Also there are administrative fees involved in this type of plan. He pointed out that the City of Margate liked the plan so much, they took it out of negotiations and offered the benefit to all city employees. Originally the firefighters of Boca Raton adopted the plan as part of their pension plan, although a pension plan cannot pay medical benefits. In Boca Raton, the medical benefit is a supplemental payout and is not tax-free. Attorney Mierzwa pointed out that all plans require the employer to make the contributions, whether the employer is actually putting money in or the employee is contributing to the plan. There are various benefits that are determined by the Board. More add-ons result in lesser basic benefits. He explained that these plans are intended to be health insurance supplements. Some plans also cover medical deductibles. The tax codes allows for approximately 13 qualified benefits, but this would generate 3 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 additional costs. As long as Attorney Mierzwa has been involved with these plans, he has not encountered any IRS or employer issues. Most plans when they are established are retroactive, which means anyone that was in the bargaining unit at the time of ratification of the contract receives the entire benefit. Chief Bingham inquired if this would apply to retired firefighters prior to the date of ratification. Attorney Mierzwa was not aware of any plans that did this. Chief Bingham also inquired about firefighters in the DROP Plan. Attorney Mierzwa stated that it was possible to include DROP members since those employees are still receiving medical benefits from the City and these plans begin at separation. The Board of Trustees would determine if they wanted to include DROP employees. Attorney Mierzwa offered to furnish names of people in cities that have adopted these plans if anyone wished to contact them for more information. Chief Bingham inquired when the plan would be effective. Attorney Mierzwa stated it could be structured any way. Most plans cover firefighters in the unit at time of ratification and everyone receives the same benefit. Some plans cover firefighters at the onset of the contract, but the benefit did not start for three years. Discussion ensued on the costs for starting up the plan that would include actuarial and attorney fees for a combined total of approximately $20,000 or less. It was pointed out that it is not necessary to have an administrator for the fund since most plans issue only one check per year. It is necessary to hire an investment manager for the funds because the funds must be invested in order to earn interest. Attorney Mierzwa has a consultant available for this purpose. Chief Bingham inquired how "salary" would be defined for purposes of the plan. Attorney Mierzwa responded it would be whatever was agreed to through collective bargaining. Another issue that has recently come up is that insurance coverage is considered protected health information, which means it is subject to HIPPA. Also the plan is not covered under ERISA. Attorney Mierzwa was not aware of any State law that would regulate the plan, except that it is covered by the Sunshine Law. The Plan must also comply with the Public Records Act. The trustees function like public sector pension trustees with regard to their fiduciary duties. Mr. Jordan inquired how the plan could function without having a plan administrator and noted there could be liability issues by not having an administrator. Attorney Mierzwa explained that only one of the trustees would be writing the checks and all the other trustees would be trained in HIPPA. The fund would need a custodian for which a fee would be charged. Chief Bingham thanked Attorney Mierzwa for his presentation. 4 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12,2005 The bargaining unit requested to caucus at 10:38 a.m. The meeting resumed at 10:45 a.m. Article 16 - Exchange Time Shift Commander was used for consistency. The City had asked for some kind of provision regarding the timing of the swaps and this is included in Section 1.B. Chief Bingham asked the bargaining unit members to look over this language. There is a typo in Section 2 that refers to "Firefighter 21." This should be "Firefighter 2." This error was also in the old contract. Chief Bingham will make the correction. The language was agreeable with the bargaining unit. Physical Exams & Immunization (Article Number not included) Chief Bingham is waiting to hear from the clinic to determine the costs for Sections 3.C. and D. These costs would be for pneumonia shots and the testing for measles, mumps and rubella. Lt. Lederhandler noted that Type A Hepatitis was not included in Section 3. The bargaining unit would like this included in Section 3.A. Chief Bingham recalled that this was discussed, but it was not in his notes. Deputy Chief Carter inquired if this involved a single injection and was informed it was a series of two injections. Wherever Hepatitis Type B is referred to in this Section, it will be changed to Hepatitis Types A and B. Chief Bingham will check on the costs for these injections as well. Mr. Garnsey thought that Sections 1 A. and B. needed clarification. Deputy Chief Carter noted that N.F.P.A. 1582 is the only test required for fitness for duty determination. Any other exam, other than the City's fitness for duty exam, would not have any affect on the employee. Mr. Garnsey requested that the language in Section 1.B. be changed to read "It is the responsibility of the employee to ensure that the physical exams and all necessary follow-up testing be completed in a timely manner, as scheduled." Lt. Kinser noted there was discussion during the last negotiations that when an employee was put on unpaid leave status, there would be some kind of formal notification process. Chief Bingham was not sure if this should be in the contract. Lt. Kinser would like the Union to be notified when employees are placed on unpaid leave status. Therefore, when an employee is placed in this status, administration, the employee and the Union would be informed. 5 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Mr. Garnsey inquired if language should be put in the contract that employees would receive the same notification that the City receives regarding his/her fitness for duty. Mr. Jordan thought this could be handled administratively. Lt. Kinser agreed with this. Chief Bingham will bring this to the clinic's attention when he calls them today. Mr. Garnsey pointed out a typo in the last sentence of Section 1.B. The word "association" in the last sentence of that Section should be changed to "associated." Article 18 - Compassionate Leave When this Article was discussed last time, Chief Bingham made some notes that they were looking at different language, such as official written verification. They talked about a different term to define "verifiable written notice of death" and he put some examples in. Chief Bingham asked if they wanted the examples to remain. He also put in "30 business days," as opposed to "30 days." Lt. Lederhandler stated the bargaining members felt that the recession of the paid vacation leave was a form of discipline without going through the disciplinary process. On the first IBB Worksheet presented, the permanent recession of the 24-hour vacation time would be permanently deducted. The bargaining unit would like language that if an employee submits false information, he/she would be subject to disciplinary action and the Union would support this. Lt. Kinser brought up the situation where an employee requests compassionate leave, but the employee does not have enough vacation time, how would administration handle this? The way the Article is written, it tied in compassionate leave with vacation leave. Therefore, how would this person who does not have enough vacation leave be granted 24-hours of compassionate leave? If the City decided to take the additional time needed to make up 24 hours from that employee's sick time, and he/she also did not have enough sick time, how would this be addressed? The bargaining unit feels this language does not treat all employees fairly. Chief Bingham pointed out that this has occurred several times in the past, but no one has ever been denied an opportunity to be with his or her family. Lt. Kinser agreed that administration supports its employees, but the bargaining unit is concerned about the language that could result in future problems. Mr. Jordan recommended striking "vacation", to which Chief Bingham agreed. Therefore the word "vacation" was stricken from the last line of this Article. Mr. Garnsey inquired if an employee did not have enough vacation pay, could they maintain a negative balance in order to take compassionate leave. Mr. Jordan responded that this was not possible for Finance to do. Chief Bingham did not think that 30 days was an unreasonable amount of time for an employee to provide proof that they were out on compassionate leave. Lt. Kinser stated 6 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 the Union did not object to the 30 days, nor is the Union trying to protect employees that lie. Deputy Chief Carter stated losing 24-hours of pay is not discipline. The reason that employee lost 24-hours of pay was due to taking a day off by calling it "compassionate leave." If it was not really compassionate leave, that employee should not be paid. Discipline would apply because that person falsified City documents and took a day off by lying. After discussion, it was decided to change the last sentence of this Article to read, "Failure to do so will result in the rescission of previously paid leave, providing due process with regard to disciplinary process is followed." Article 4 - Union Business The only change to this Article was the deletion of the words "no later than the preceding corresponding shift" in the last sentence of Section 1. Article 1 - Recognition The only change to this Article was moving the asterisk to the other side of "*A." The asterisk referred to Battalion Chiefs. General Rules and Regulations The only changes were correcting some typos. Article 8 - Hours of Work This Article was accepted at the last meeting. Chief Bingham had stated he would provide a Letter of Understanding for the selection of Kelly Days and a draft copy was distributed. The bargaining unit will look this over and address it the next time the parties meet. Article 3 - Payroll Deduction of Dues This Article was agreed to the last time the parties met. Article 26 - Medical Certification This is the City's counteroffer to the bargaining unit's Article for Medical Certification. :;;;, ~co;=.:: ~I,:: nh~~lii~;S "I;; f,::~O~I:~= ~~,:;~~ ~~~:.:~ :~~ir ~%f~~~~~~:gO =I~~~ ~~~ ~~ issuo. 7 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Article 17 - Sick Leave Lt. Kinser noted at the last negotiation session there was discussion regarding family sick leave and the Union was requested to bring back some language addressing this. Lt. Kinser presented some draft language for this Article. Chief Bingham noted the only change the parties had been discussing was the language at the end of Section 9 on Page 33. Chief Bingham corrected a typo and the word "immediately" was changed to "immediate." Discussion of a primary care giver ensued. With regard to the definition of a primary care giver, Mr. Jordan stated that this could be identified as a person responsible for someone else's care that would include legal guardianship. Lt. Lederhandler recommended that someone who is taking care of another person could provide a letter to the Chief. By doing it this way, if that person needed to take family leave under the provisions of Article 17, administration would already have proof that this person is taking care of another person. Lt. Kinser pointed out that currently, the way this is set up, the provisions of this Article would not apply to some employees who have to take time off to care for family members. Fire Administration would be the final determining party if the letter satisfies its requirements. Chief Bingham will review the language submitted by the bargaining unit and will provide an answer at the next meeting. Chief Bingham recommended correcting the last sentence by deleting the words "for the" and substituting "this." He also recommended ending the last sentence with the word "provision" and deleting the remaining language. Therefore, this sentence would read, "Employees requesting this family sick provision for other than the immediate family shall provide the Fire Department Administration with verifiable proof of primary care giver status prior to the use of this provision." When the parties next meet, Chief Bingham will have all tentative information on the Battalion Chief salary restructuring. The parties should also come prepared to discuss salaries, longevity and certain medical certifications. Next Meeting: Thursday, May 26, 2005 at 1 :30 p.m. to 3:30 p.m. in the Fire Training Room Adjournment: There being no further business, the meeting properly adjourned at 11 :35 a.m. Respectfully submitted, Barbara M. Madden 8 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Recording Secretary (May 13, 2005) 9 CONTRACTURAL NEGOTIATION MEETING BETWEEN IAFF LOCAL 1891 AND THE CITY OF BOYNTON BEACH HELD ON THURSDAY, MAY 12, 2005 IN THE FIRE/POLICE TRAINING ROOM, CITY HALL, BOYNTON BEACH, FLORIDA AT 9:30 A.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 Barclay Garnsey, Information Command Coordinator Also Present: Matthew J. Mierzwa, Jr., Attorney Call to Order Chief Bingham called the negotiation meeting to order at 9:39 a.m. A sign in sheet was circulated and is on file with the records of the meeting. Summary of Prior Meeting Chief Bingham distributed the Articles that had been discussed at the prior meeting. Some Articles contain the changes discussed. Article 10 - Uniforms and Safety Equipment In this Article "coveralls" has been changed to "jumpsuit." Also the "amount to be reimbursed will not exceed" in Section 1 has been changed from $65 to $125. Under the "quarter-master" system for uniforms two (2) long-sleeve tee shirts and wide-brimmed hat have been included. "Coveralls" should be changed to "jumpsuit" in the itemized list. Chief Bingham will make this change. Chief Bingham felt that the parties have most of the peripheral issues cleaned-up and out of the way. When they meet next time, he would like to get involved with salary, Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 longevity, and the paramedic incentive component of the negotiations, which will be the final phase. Chief Bingham noted the parties have met four times. After they meet six times, he intends to prepare his summary matrix and request an Executive Session with the City Commission to inform them where they are at, what has been agreed to, and where the parties have a difference of opinion. His personal goal is to have the contract wrapped up after eight meetings and have it ready for ratification by the City Commission. (Lt. Dean Kinser arrived at 9:43 a.m.) Lt. Kinser introduced Attorney Matthew J. Mierzwa, Jr. who was present to speak on a retirement insurance plan. Attorney Mierzwa noted insurance costs continue to escalate which is especially detrimental to retired people and people on fixed incomes. This especially affects firefighters because they retire before they are eligible for Medicare. Attorney Mierzwa was approached by the Palm Beach County Firefighters in the '90s to see if he could come up with a solution to this problem. Under 9501 (c)(9) of the Tax Code, unions are tax exempt. The plan he devised is a VIBA (Voluntary Employees' Beneficiary Association) under that section of the Code. Attorney Mierzwa went through the steps for the plan that was adopted by the Palm Beach County Firefighters. There are approximately eight fire departments that now have similar plans. To set up a plan, the amount of the contribution into the plan needs to be negotiated. This could vary from an employer contribution, a give back of employees' wage increases, or a combination of both. The money would come from a percentage of payroll and this could vary. Currently it ranges between 1 % to 4% and the more money contributed, the better the benefit. Once the contract is agreed upon, a trust fund is established through a document entitled "Agreement and Declaration of Trust". This document establishes the legal entity and a Board of Trustees. The Board of Trustees must be controlled by the members of the bargaining unit. The next step would be to establish a plan of benefits, which is commonly done utilizing an actuary. Under this plan, the employer contribution is fixed, depending upon what is negotiated. Even though the percentage is fixed, the costs would go up as salaries go up; however, this cost would not increase at the rate that pension requirements do. The only variable that is not known is the benefit. The actuary will determine what the plan could afford as a benefit. The plan could be established in many ways; some municipalities have simple plans, whereas others have very complicated ones. The more complicated the plan; the more expensive it is to administer. After the actuary determines what can be afforded, a plan 2 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 document must be prepared. Once the plan is established, it operates similar to a pension system. However, the difference between this plan and a pension plan is that the benefits are not vested and there is no unfunded liability. The benefits can be paid many ways. The County sends out a yearly benefit check after it receives from retirees (1) proof of retirement, (2) proof of insurance, and (3) affidavit that the funds would be used for a qualified benefit. Attorney Mierzwa pointed out that the Trustees need to meet some time during the year to review investment returns. Some meet quarterly, whereas others only meet twice a year. Administrative costs are low once the plan is established. The start up costs would be for an actuary, an attorney and filing the appropriate documents with the IRS. Once this is done, the administrative costs are low. However, if the formula to pay benefits becomes more complicated, more costs would be involved. He has prepared eight of these plans and Attorney Mierzwa provided a sample Trust Agreement to the Union that could be adopted for the Boynton Beach Firefighters. Doing it this way would reduce costs. Attorney Mierzwa noted contributions are tax-free in and tax-free out, as long as the funds are used for a qualified insurance benefit. Attorney Mierzwa distributed an outline of plans that various municipalities have established and the plans and benefits were reviewed. Mr. Jordan pointed out that the City has adopted the Vantage Care Plan for employees. Attorney Mierzwa noted Vantage Care Plan benefits probably would not last the lifetime of the retiree because it is funded differently. Also there are administrative fees involved in this type of plan. He pointed out that the City of Margate liked the plan so much, they took it out of negotiations and offered the benefit to all city employees. Originally the firefighters of Boca Raton adopted the plan as part of their pension plan, although a pension plan cannot pay medical benefits. In Boca Raton, the medical benefit is a supplemental payout and is not tax-free. Attorney Mierzwa pointed out that all plans require the employer to make the contributions, whether the employer is actually putting money in or the employee is contributing to the plan. There are various benefits that are determined by the Board. More add-ons result in lesser basic benefits. He explained that these plans are intended to be health insurance supplements. Some plans also cover medical deductibles. The tax codes allows for approximately 13 qualified benefits, but this would generate additional costs. As long as Attorney Mierzwa has been involved with these plans, he has not encountered any IRS or employer issues. 3 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Most plans when they are established are retroactive, which means anyone that was in the bargaining unit at the time of ratification of the contract receives the entire benefit. Chief Bingham inquired if this would apply to retired firefighters prior to the date of ratification. Attorney Mierzwa was not aware of any plans that did this. Chief Bingham also inquired about firefighters in the DROP Plan. Attorney Mierzwa stated that it was possible to include DROP members since those employees are still receiving medical benefits from the City and these plans begin at separation. The Board of Trustees would determine if they wanted to include DROP employees. Attorney Mierzwa offered to furnish names of people in cities that have adopted these plans if anyone wished to contact them for more information. Chief Bingham inquired when the plan would be effective. Attorney Mierzwa stated it could be structured any way. Most plans cover firefighters in the unit at time of ratification and everyone receives the same benefit. Some plans cover firefighters at the onset of the contract, but the benefit did not start for three years. Discussion ensued on the costs for starting up the plan that would include actuarial and attorney fees for a combined total of approximately $20,000 or less. It was pointed out that it is not necessary to have an administrator for the fund since most plans issue only one check per year. It is necessary to hire an investment manager for the funds because the funds must be invested in order to earn interest. Attorney Mierzwa has a consultant available for this purpose. Chief Bingham inquired how "salary" would be defined for purposes of the plan. Attorney Mierzwa responded it would be whatever was agreed to through collective bargaining. Another issue that has recently come up is that insurance coverage is considered protected health information, which means it is subject to HIPPA. Also the plan is not covered under ERISA. Attorney Mierzwa was not aware of any State law that would regulate the plan, except that it is covered by the Sunshine Law. The Plan must also comply with the Public Records Act. The trustees function like public sector pension trustees with regard to their fiduciary duties. Mr. Jordan inquired how the plan could function without having a plan administrator and noted there could be liability issues by not having an administrator. Attorney Mierzwa explained that only one of the trustees would be writing the checks and all the other trustees would be trained in HIPPA. The fund would need a custodian for which a fee would be charged. Chief Bingham thanked Attorney Mierzwa for his presentation. The bargaining unit requested to caucus at 10:38 a.m. The meeting resumed at 10:45 a.m. 4 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Article 16 - Exchange Time Shift Commander was used for consistency. The City had asked for some kind of provision regarding the timing of the swaps and this is included in Section 1.B. Chief Bingham asked the bargaining unit members to look over this language. There is a typo in Section 2 that refers to "Firefighter 21." This should be "Firefighter 2." This error was also in the old contract. Chief Bingham will make the correction. The language was agreeable with the bargaining unit. Physical Exams & Immunization (Article Number not included) Chief Bingham is waiting to hear from the clinic to determine the costs for Sections 3.C. and D. These costs would be for pneumonia shots and the testing for measles, mumps and rubella. Lt. Lederhandler noted that Type A Hepatitis was not included in Section 3. The bargaining unit would like this included in Section 3.A. Chief Bingham recalled that this was discussed, but it was not in his notes. Deputy Chief Carter inquired if this involved a single injection and was informed it was a series of two injections. Wherever Hepatitis Type B is referred to in this Section, it will be changed to Hepatitis Types A and B. Chief Bingham will check on the costs for these injections as well. Mr. Garnsey thought that Sections 1 A. and B. needed clarification. Deputy Chief Carter noted that N.F.P.A. 1582 is the only test required for fitness for duty determination. Any other exam, other than the City's fitness for duty exam, would not have any affect on the employee. Mr. Garnsey requested that the language in Section 1.B. be changed to read "It is the responsibility of the employee to ensure that the physical exams and all necessary follow-up testing be completed in a timely manner, as scheduled." Lt. Kinser noted there was discussion during the last negotiations that when an employee was put on unpaid leave status, there would be some kind of formal notification process. Chief Bingham was not sure if this should be in the contract. Lt. Kinser would like the Union to be notified when employees are placed on unpaid leave status. Therefore, when an employee is placed in this status, administration, the employee and the Union would be informed. Mr. Garnsey inquired if language should be put in the contract that employees would receive the same notification that the City receives regarding his/her fitness for duty. Mr. 5 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Jordan thought this could be handled administratively. Lt. Kinser agreed with this. Chief Bingham will bring this to the clinic's attention when he calls them today. Mr. Garnsey pointed out a typo in the last sentence of Section 1.B. The word "association" in the last sentence of that Section should be changed to "associated." Article 18 - Compassionate Leave When this Article was discussed last time, Chief Bingham made some notes that they were looking at different language, such as official written verification. They talked about a different term to define "verifiable written notice of death" and he put some examples in. Chief Bingham asked if they wanted the examples to remain. He also put in "30 business days," as opposed to "30 days." Lt. Lederhandler stated the bargaining members felt that the recession of the paid vacation leave was a form of discipline without going through the disciplinary process. On the first IBB Worksheet presented, the permanent recession of the 24-hour vacation time would be permanently deducted. The bargaining unit would like language that if an employee submits false information, he/she would be subject to disciplinary action and the Union would support this. Lt. Kinser brought up the situation where an employee requests compassionate leave, but the employee does not have enough vacation time, how would administration handle this? The way the Article is written, it tied in compassionate leave with vacation leave. Therefore, how would this person who does not have enough vacation leave be granted 24-hours of compassionate leave? If the City decided to take the additional time needed to make up 24 hours from that employee's sick time, and he/she also did not have enough sick time, how would this be addressed? The bargaining unit feels this language does not treat all employees fairly. Chief Bingham pointed out that this has occurred several times in the past, but no one has ever been denied an opportunity to be with his or her family. Lt. Kinser agreed that administration supports its employees, but the bargaining unit is concerned about the language that could result in future problems. Mr. Jordan recommended striking "vacation", to which Chief Bingham agreed. Therefore the word "vacation" was stricken from the last line of this Article. Mr. Garnsey inquired if an employee did not have enough vacation pay, could they maintain a negative balance in order to take compassionate leave. Mr. Jordan responded that this was not possible for Finance to do. Chief Bingham did not think that 30 days was an unreasonable amount of time for an employee to provide proof that they were out on compassionate leave. Lt. Kinser stated the Union did not object to the 30 days, nor is the Union trying to protect employees that lie. 6 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Deputy Chief Carter stated losing 24-hours of pay is not discipline. The reason that employee lost 24-hours of pay was due to taking a day off by calling it "compassionate leave." If it was not really compassionate leave, that employee should not be paid. Discipline would apply because that person falsified City documents and took a day off by lying. After discussion, it was decided to change the last sentence of this Article to read, "Failure to do so will result in the rescission of previously paid leave, providing due process with regard to disciplinary process is followed." Article 4 - Union Business The only change to this Article was the deletion of the words "no later than the preceding corresponding shift" in the last sentence of Section 1. Article 1 - Recognition The only change to this Article was moving the asterisk to the other side of "*A." The asterisk referred to Battalion Chiefs. General Rules and Regulations The only changes were correcting some typos. Article 8 - Hours of Work This Article was accepted at the last meeting. Chief Bingham had stated he would provide a Letter of Understanding for the selection of Kelly Days and a draft copy was distributed. The bargaining unit will look this over and address it the next time the parties meet. Article 3 - Payroll Deduction of Dues This Article was agreed to the last time the parties met. Article 26 - Medical Certification This is the City's counteroffer to the bargaining unit's Article for Medical Certification. Lt. Kinser noted at the last negotiations the parties had discussed family sick leave and the City requested that the bargaining unit bring something back. Lt. Kinser presented their draft language dealing with this issue. Article 17 - Sick Leave 7 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 12, 2005 Lt. Kinser noted at the last negotiation session there was discussion regarding family sick leave and the Union was requested to bring back some language addressing this. Lt. Kinser presented some draft language for this Article. Chief Bingham noted the only change the parties had been discussing was the language at the end of Section 9 on Page 33. Chief Bingham corrected a typo and the word "immediately" was changed to "immediate." Discussion of a primary care giver ensued. With regard to the definition of a primary care giver, Mr. Jordan stated that this could be identified as a person responsible for someone else's care that would include legal guardianship. Lt. Lederhandler recommended that someone who is taking care of another person could provide a letter to the Chief. By doing it this way, if that person needed to take family leave under the provisions of Article 17, administration would already have proof that this person is taking care of another person. Lt. Kinser pointed out that currently, the way this is set up, the provisions of this Article would not apply to some employees who have to take time off to care for family members. Fire Administration would be the final determining party if the letter satisfies its requirements. Chief Bingham will review the language submitted by the bargaining unit and will provide an answer at the next meeting. Chief Bingham recommended correcting the last sentence by deleting the words "for the" and substituting "this." He also recommended ending the last sentence with the word "provision" and deleting the remaining language. Therefore, this sentence would read, "Employees requesting this family sick provision for other than the immediate family shall provide the Fire Department Administration with verifiable proof of primary care giver status prior to the use of this provision." When the parties next meet, Chief Bingham will have all tentative information on the Battalion Chief salary restructuring. The parties should also come prepared to discuss salaries, longevity and certain medical certifications. Next Meeting: Thursday, May 26, 2005 at 1 :30 p.m. to 3:30 p.m. in the Fire Training Room Adjournment: There being no further business, the meeting properly adjourned at 11 :35 a.m. Respectfully submitted, ~4Ju,,-. ft,\ . A P.-~" Barbara M. Madden Recording Secretary (May 13, 2005) 8