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Minutes 05-03-05 CONTRACTURAL NEGOTIATION MEETING BETWEEN IAFF LOCAL 1891 AND THE CITY OF BOYNTON BEACH HELD ON TUESDAY, MAY 3, 2005 AT 1:00 P.M., IN CONFERENCE ROOM B, CITY HALL, BOYNTON BEACH, FLORIDA Present For the City: Bill Bingham, Fire Chief Ray Carter, Deputy Chief of Operations John Jordan, Assistant Director of Human Resources For the Union: Lt. Dean Kinser, President Lt. Robert Kruse, Vice President Lt. Larry Lederhandler, Treasurer Lt. Thomas Murphy, Jr., Secretary Firefighter J.e. Julia, Business Agent Firefighter Barkley Garnsey, Information Command Coordinator Call to Order Chief Bingham called the negotiation meeting to order at 1:07 p.m. A sign in sheet was circulated and provided to the Recording Secretary for inclusion with the records of the meeting. Corrections to Minutes of April 12, 2005 Chief Bingham stated the following corrections should be made to the minutes of the meeting of April 12, 2005: . Page 2, first paragraph, the third line should read, "Parties would be if an Article were TA'd..." . Page 2, first paragraph, the first word in the last sentence should be "legislative". . Page 2, the first major subtopic that states "Hurricane Emergency Designation Status", should be "Emergency Phone Numbers". Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 . Page 7, second paragraph should read, "The City has offered the following options". . Page 7, first paragraph, line 3 references the word "he", but should be "he/she". . Page 8, first paragraph, on the second last line, the word "employees" should be crossed out. . Page 8, the last full paragraph, the last sentence should read, "Chief Bingham inquired if longevity was factored into the figures, and Mr. Garnsey stated they did, except for Boynton Beach that does not have the same longevity formula." . Page 9, the second full paragraph, the first line should read, "Chief Bingham inquired if the Articles that are attached to the matrix relate to salaries in..," . Page 9, the last paragraph that says, "For the record", a sub-title should be included called "Other Issues". Mr. Barkley stated in the past they have not gotten involved making corrections to the minutes, however he had a suggestion to correct the following: . Page 5, under Article 16, second paragraph stated, "Shift officers of the employees who are exchanging time shall permit the exchange ...", but it should read, "Shift officers of the employees who are exchanging time shall not permit the exchange..." Discussion Chief Bingham said he provided draft language to some of the articles they discussed at the previous meeting, and clarified that the Union also brought some proposed language to the table. Chief Bingham mentioned that until the articles are TA'd, any changes are tentative for approval. 2 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 Article 1 - Recognition Section 1 Chief Bingham wanted to see if they were close on the language for the Battalion Chief article, should the City choose to approve it. He pointed out the concerns Mr. Garnsey had at the last meeting, and provided some subsequent language. Mr. Jordan pointed out that it would have to be approved by Mr. Bressner's office. Chief Bingham wanted to know if the language he proposed was workable, assuming that Mr. Bressner and the City are okay with the item. Section A Mr. Bressner stated he would move the asterisk to the left side of the "A". The City caucused at 1:19 p.m., and the meeting reconvened at 1:22 p.m. Chief Bingham stated Deputy Chief Carter brought up a good point, that the item was written with the understanding that there is a timing issue. This timing issue is that the Battalion Chiefs are moving on July 1, 2005, therefore leaving a three-month gap in promoting to the Battalion Chief position. The way the item is worded means they would be appointing someone into the Battalion Chiefs position and effectively making them exempt employees. Chief Bingham thought if they move someone into that position before October 1, 2005 it would create problems. He wrote the language with the intention of not filling the Battalion Chief position until October; subsequent to the promotion tests that will be taking place within the first week of October. That way, they would not only be promoting that Battalion Chief, but also the new Captains and Lieutenants. Lt. Kinser clarified the Administration's position on the Battalion Chiefs was to hold the position until October, and Chief Bingham stated that was their intent. Lt. Kinser said they agreed with waiting until October. Chief Bingham also pointed out they have staff that can step into that position for a couple of months to carry them through the 3-month period. Lt. Kinser reiterated it was agreed the Battalion Chief position would be put on hold until October. Chief Bingham inquired whether there should be competitive promotional testing for this position, should it be in the union. 3 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 Lt. Kinser felt if the Battalion Chiefs were promoted in October, there would be a time period where they could address the issues of the Battalion Chief in the career ladder and make some identification to the position. They could take a formatted look at the position and what would work best for both parties as far as making it an appointed position or creating a testing procedure. He did think there should be some identification of time, rank and grade of an officer considered for the position. Lt. Murphy did not think that traditional testing like a written test or practical scenarios would be the best method to use to fill the position. He thought that an interview with special attention to the individual's credentials, time and grade on the job, should be considered. Chief Bingham said the way the individuals would be tested is a management issue. What he wanted to know was if they would prefer a competitive test for the Battalion Chief position, or if it should continue to be a Fire Chief's appointment. Lt. Kinser thought there should be an application process and a formal interview for the position. Chief Bingham stated that in the past, the union has handled this situation very professionally. After the testing process was over, they would select people they thought were best fitted for the job. He thought the dynamics of the Battalion Chief position are going to change in several areas should they go from exempt to nonexempt status. They would expect more qualifications from a Battalion Chief than a Captain, and in that respect a more objective format should be used for the position rather than appointing them the same way they appoint the Captains, although they already have good Battalion Chiefs who were appointed that way. Chief Bingham said he would develop some draft career ladder language and he and Deputy Chief Carter would try to come up with an answer for how they would deal with the promotional aspects of the Battalion Chief position. Lt. Kinser pointed out they discussed some additional information at initial discussions where neither the administration nor the negotiating team for the City was in attendance. That department went through a yearlong internal investigation because, after individuals made the Battalion Chief position, it was decided that they no longer wanted these people as Battalion Chiefs. Since these individuals were out of the union, it gave the city the opportunity to dismiss them. One of those individuals was Bob Brown, who was demoted through the City's investigation process and formally left. Lt. Kinser felt that was 4 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 one of the factors why the city withdrew the Battalion Chiefs from the collective bargaining agreement. To this point, the Battalion Chiefs are given administrative days they could take, and if they were put back into the union they would fall under the formatted selection process of Kelly days and vacation selections, which would be a savings to the City. Chief Bingham said they never entertained any discussion with regard to the financial implications of the Battalion Chiefs position. The current Battalion Chiefs, as exempt employees, make more money than they would normally if they were in a pay structure similar to the one that exists in the community contract. He did not think it was a financial decision, but as far as his bosses are concerned, it is primarily a philosophical decision. He reiterated that they were not looking at this as a big financial savings to the City. Once they get through the issue of where the Battalion Chiefs are with regard to the DROP Plan, they would have created a situation where all 24-hour shift employees are in the union with a few exceptions. Lt. Kinser asked Chief Bingham to provide a format within the pay scale showing the Battalion Chiefs position for discussion, along with the draft for the career ladder. Chief Bingham did not think it would be a good idea to start with the current salary right now, and Lt. Kinser stated they would come up with some suggestions for review. Chief Bingham pointed out he struck out "Fire Inspectors" in the proposed draft, and put it back in sequence. He asked if the proposed language was okay and Lt. Kinser thought it was adequate. Deputy Chief clarified that if this becomes a part of the agreement, the next promotion for Battalion Chief would be after October 1, 2005, to which Lt. Kinser agreed. Article 3 - Payroll Deduction Dues Section 2 Chief Bingham pointed out he included some language relevant to Lt. Lederhandler's suggestions at the previous meeting. Lt. Lederhandler stated he was in agreement with the new language. Article 4 - Union Business Chief Bingham stated he had some discrepancies between his notes and the meeting minutes. What he understood from the meeting was they wanted to 5 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 make a distinction between Section 1 and Section 2 and make Section 3 a part of Section 2. What he did was make it clear that Section 1 dealt with Union Business and Section 2 dealt with Union Time Pool. His notes indicated that they had agreed to strike the ending of the last sentence in Section 1, which stated: "no later than the preceding corresponding shift". Lt. Kinser said they agreed to strike that sentence because sometimes they would need the current shift for union business or time pool, and that time cannot impact the operation of the shift. Chief Bingham pointed out Section 2 was the Union Time Pool issue, with part A and part B to that Section. The same language which was struck out in Section 1 ("no later than the preceding corresponding shift''), also appeared in Section 2B. He asked if that was supposed to be struck out as well. Lt. Kinser agreed that language was also supposed to be eliminated for the same reason it was taken out of Section 1. Deputy Chief Carter thought the term "authorized leave" in Section 2B should be eliminated because authorized leave is a specific type of leave for a specific purpose. It was agreed that the first sentence in Section 2B, which read: "Approved Authorized Leave criteria, as identified in SOG, must be followed", should be struck out in its entirety. Section 8 - Hours of Work Chief Bingham stated they took out the words "every three (3) weeks" and replaced them by "during the 21-day work schedule." Deputy Chief Carter was concerned that because of the way the language was worded, whether for administrative purposes or the change of Kelly days, there were employees who got paid for hours they did not work, because of the gradual migration from one Kelly day to another. Deputy Chief Carter handed out copies of the current 2005 BBFD Shift Calendar for discussion. He stated the collective bargaining agreement provides for a 48- hour work week for fire fighters, which is stipulated in the contract. He said the Kelly day is just a day off of work that is placed into the schedule during the 21-day work cycle, to make sure the shift employee does not work more than 144 hours during that 21-day cycle. He also pointed out it was not compensatory time, since no one worked extra hours to earn a Kelly day. If an employee chose to change Kelly days, the department has established a policy that on or by October 1 of every year that changeover occurs. The key is that the change of those Kelly days has to occur so an employee does not work more or less hours than they are being paid for. The problem was the 21-day pay 6 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 cycle did not match up to the pay cycle. They were trying to establish the time the Kelly day change should occur when matched to a 21-day cycle, and the start of the pay period. This would eliminate the problem of paying people for time they did not work. He explained that the transition schedule for the "C" shift last year created a situation where there were nine employees who chose to change their Kelly days and got paid for 288 hours of work. These employees had only worked 264 hours. To make a clean change from one Kelly day to another, Deputy Chief Carter felt they should start and stop the Kelly day cycles on the same days the pay period starts and stops. He proposed they use the shift calendar and the effective date of the change over as October 17, 2005, which is the beginning of the 21-day cycle. He said he spoke about this issue with Lt. Kinser and he understood the concept but he also wanted to be sure that everyone was comfortable with it, and he would also have to explain it to the employees. Chief Bingham added that they would not be making any changes to the union contract, that it was an administrative procedure. Lt. Kinser said they accept the new language because the old language was misleading. He felt because this language would not take effect until October 1, 2005, individuals might want to know why they were making the change. Should the change be made, Mr. Garnsey suggested including a "letter of understanding." He felt this would avoid the situation of employees filing grievances. Deputy Chief Carter said he would make the presentation to the shifts, so they could ask questions about it. The Union caucused at 2:07 p.m., and the meeting resumed at 2:09 p.m. Lt. Kinser thought the best way to handle the situation would be to include a "letter of understanding", to alleviate any issues they may encounter due to past practices, so they could move ahead with the new Kelly day selection process for August and September. He also stated they agreed with the contract language. Article 18 - Compassionate Leave Section 1 Chief Bingham addressed the union's concerns that included adding stepfather, stepmother and stepchild to the language. He included foster parents to the 7 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 language with the thought it might have been a typographical error, since they agreed to add it at the last meeting. Chief Bingham added a Section 2 to the article for discussion. He felt employees who benefited from compassionate leave should provide official verification of death. He had originally drafted language to eliminate the opportunity for Compassionate Leave but he realized it would not accomplish anything because an employee could say someone died, not produce proof and get a free unscheduled vacation day. Chief Bingham said the procedure is if an employee needs time off because someone has died, they would be given vacation time. Upon approval, the vacation time is converted to compassionate leave. Chief Bingham proposed that an employee provide some type of verification of death to the payroll clerk within 30 days of the leave so the clerk could log that person in as taking compassionate leave. If they do not receive verification of death, this time would go back into the vacation bank and pay would be taken from the individual's paycheck for the hours he/she did not work. Mr. Garnsey felt the language should state the union supports administration, if it is found that an employee took time off under false pretenses, and would be subject to progressive discipline. He did not agree that a person should not get paid for the hours absent until there is evidence that the person did something wrong. Chief Bingham agreed that if they find out an employee has taken time off under false pretenses, the employee would be subject to disciplinary action. Mr. Jordan reported there was only one instance, when an employee did not produce documentation and after they were questioned, admitted they'd lied. Mr. Lederhandler questioned the Firefighter's Bill of Rights pertaining to an employee being docked a day's pay. Deputy Chief Carter stated the Firefighter Bill of Rights addressed disciplinary action against Firefighters. Chief Bingham stated the issue was not disciplinary action. It was a matter of responsibility. If an employee does not produce verification of death within the 3D-days from the time they are off, that person should not be paid for that time. Mr. Jordan reported that most employers who offer compassionate leave have these requirements. Usually, they give their employees until they return to work 8 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 to produce documentation and thought the City was generous, allowing employees 30 days to produce the verification. Lt. Kinser thought they should consider modifying "official written verification" and list the types of verification. He also thought the "payroll clerk" should be addressed as the "fire department payroll clerk", and they should consider changing the language to 30 business days rather than 30 days. Chief Bingham stated the common forms of verification were obituary or death certificate but wondered if they were other forms of verification. Mr. Jordan suggested changing the language to read, "verifiable written verification". Chief Bingham said he would reword the item and bring it back to the next meeting for discussion. Article 11- physical Exams Be. Immunization Mr. Garnsey suggested changing Section 1 and Section 2, to Section lA and lB. Section 1 B Chief Bingham was concerned that if an employee did not follow up with their subsequent testing, the City would not know if that person was fit for duty and in the interim, the employee would be working every day. This could cause a problem if something happened to that person while on the job. He included language as Section lB for discussion. This language stated, "It is the responsibility of the employee to ensure that physical exams and all necessary follow-up testing be completed in a timely manner, as scheduled. Failure to do so, due to the importance of certification of fitness for duty, will result in the employee being placed in an unpaid leave status until such time as the full exam process is completed. Employees will be given opportunities to schedule appointments and/or association medical tests while on duty. These additional tests can be performed by the employee's own physician (at the employee's expense) provided the results of those tests are approved by the department's clinic physician, an arrangement that is the responsibility of the employee." Chief Bingham felt it was important that when their employees are on duty, that they are medically fit for duty. 9 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 Lt. Kruse referred to the language that stated, "These additional tests can be performed by the employee's own physician provided the results of those tests are approved by the department's clinic physician, an arrangement that is the responsibility of the employee." He was concerned this may start conflicts, should the employee's physician and the department's clinic physician have different diagnosis. Chief Bingham agreed it might be best to take the language out, and just deal with the physician who made the initial ruling. Deputy Chief Carter stated the problem they were addressing had to do with an employee who is told to go back to the physician for a follow-up, ignores it for months and continues to work. The City then receives a note from the physician stating they cannot certify the worker for duty because that employee refused to do follow-up testing. Mr. Jordan felt it was in everybody's best interest to ensure the safety and welfare of employees. Lt. Murphy expressed that the results from the physician do not state whether an employee is fit for duty. Chief Bingham responded that the City receives that information. Lt. Kinser felt the documentation from the clinic should be specific and clear to alleviate any misunderstandings, because he would not want an employee who did not have the relevant information, to be put on unpaid leave status. Deputy Chief Carter agreed and suggested making contact with the clinic to ensure that the employee receives a copy of the fit for duty statement along with the other lab work they receive. Section 3B Lt. Lederhandler suggested adding Hepatitis A and Varicella (chicken pox), to the list of immunizations provided by the City. Section 3C Lt. Lederhandler suggested modifying this section to read, "The city shall offer flu and pneumonia shots for all members as a means of protection from contracting the flu and pneumonia while working during flu season". 10 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 Section 3D Lt. Lederhandler suggested adding a Section 3D to read, "The city shall offer titer testing for Measles, Mumps and Rubella (MMR) during annual physicals and provide booster shots when indicated. Also to make sure that the member has a current tetanus shot." Deputy Chief Carter suggested adding Hepatitis B to Section 3D as well. He inquired whether the union had any idea about the cost of the additional vaccinations. Lt. Lederhandler did not know. Chief Bingham stated they would entertain any suggestions to keep their employees healthy and said they should go ahead and get the cost of the package. Chief Bingham noted he would reword the language with some of the suggestions that had been made. General Rules and Regulations Chief Bingham pointed out that number 8 which stated, "All members of the Fire Rescue Department will provide Fire Administration with a current telephone contact number", was new language. He also made changes to the Class of Uniforms and asked if anyone had any other changes. Medical Certification Chief Bingham stated he had an issue regarding medical certification, and Lt. Kinser said they provided him with a list of the current comparison pays with paramedic. Chief Bingham said he saw their proposal and the City might be able to compromise. Chief Bingham thought the unique thing about the union's proposal for the longevity package, was that it was not a lump sum but increased the salary. Article 16 - Exchange Time Deputy Chief Carter stated some employees request shift: swaps far ahead of time and approval is granted. However, they wanted to put a mechanism with a reasonable time frame in place, should something happen after that request was approved. Lt. Kinser pointed out they drafted new language as Section lA, which addressed some of their concerns, which stated: 11 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 "Shift swaps will remain on the tentative approval 8 weeks prior to the requested swap date. Upon 56 days prior to the requested swap, the swap will automatically receive final approval unless the employee has been notified of a necessary cancellation. Any cancellation of swaps shall be in writing and received by the employee prior to the 8-week time frame". Chief Bingham questioned if "in writing" excluded emails and Lt. Kinser felt there could be a lot of miscommunication if it was via email. Deputy Chief Carter said the shift swaps were put on the ops calendar and asked if all the shift employees had access to the shift ops calendar. He suggested sending out written notification to shift employees also, explaining to them that their request was denied because of light duty; should that situation arise. Lt. Lederhandler suggested changing "shift officers" in Section 1, third line, to "Battalion Chiefs". Chief Bingham stated he would put it in the draft contract article. Uniforms Lt. Kinser requested the following language related to the uniforms be changed: . Strike "In the event that the City change's boot/shoe vendors" from Section 1. . Add language in section 1 to reflect that the amount reimbursed for shoes will not exceed $125.00. . There were two job shirts listed but felt it was only necessary to have one shirt per employee because of the amount of time they actually wear them. . He also wanted to identify in Section 1 that wide-brimmed hats are a part of the uniforms now (for sun block), and two long sleeved tee shirts should also be added. Chief Bingham questioned the need to change the amount reimbursed for boots from $65.00. Lt. Kinser stated he personally had not found a decent pair of boots costing $65.00. Deputy Chief Carter thought the "magnums" cost $65.00-$70.00, but Lt. Kinser felt it would be more economical to buy a more expensive boot since you would probably have to replace the "magnum" every year. 12 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 Both parties agreed that they should change "coveralls" in Section 1 to "jumpsuits", for clarification purposes. Article 41- Retiree Insurance Lt. Kinser stated this was a proposed new article. Chief Bingham thought it should be before Article 40 (Duration). It was agreed they would switch the articles and make Article 40 - Retiree Insurance and Article 41 - Duration. Lt. Kinser stated this would be a benefit to retired individuals. According to the summary plan description and the way the plan is set up, beneficiaries may receive up to 1 year of the benefit. He understood what it would cost to provide retiree insurance, so they drafted information of what is currently available. Lt. Kinser stated he would like to invite their Attorney who specifically deals with these funds, to the next meeting. Chief Bingham asked if they were hoping for a City contribution for this insurance. Lt. Kinser stated they were hoping for a contribution match, and the union would possibly contribute 1% and the City 1%. He said this contribution would remain fixed until the third year of the contract. Mr. Jordan asked if it would be a 1% start up at the beginning and then a contribution of 10/0 during the year relative to salaries, or if it was just based on an annual basis of 1% for the first and second year, which goes up to 2% on the third year. Lt. Kinser said the way they start up their plans is usually date specific to when the contribution would be made and paid into the fund. The fund is usually set up under the summary plan with the Board of Trustees. Lt. Kinser reiterated he would invite his Attorney to the next meeting who would be able to answer any of their questions, and elaborate on the specifics of the plan. Other Chief Bingham felt even though they only had three meetings, they were already at the point to start discussing wages, insurance, longevity and medical certification. Lt. Kinser stated they were anticipating the proposals from the City. 13 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 3, 2005 Lt. Murphy pointed out they did not discuss the article on sick leave, and it was decided that they would discuss it at the next meeting. Lt. Kinser noted that it should fall under the same format as compassionate leave and mention foster and stepchildren and parents, and also grandparents and grandchildren, should be included. Chief Bingham was concerned that this may open the doors for abuse of the system. Lt. Kinser did not want to create an atmosphere where an individual would have to lie. Lt. Kinser thought they should create some language to try to come to an agreement. Chief Bingham asked the union to come up with some language because he found it difficult to come up with similar language for other articles. A meeting date was set for May 12, 2005 at 9:30 a.m. to 11:30 a.m. Lt. Kinser stated if the Attorney is not available to attend the meeting on that date, to discuss the Retiree Insurance, he would schedule it for the following meeting. There being no further business, the meeting properly adjourned at 3:38 p.m. Respectfully submitted, c~:_o--,,~ . Catherine Wharton Recording Secretary (May 4, 2005) 14