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Minutes 10-23-07 MINUTES OF THE BLUE COLLAR COLLECTIVE BARGAINING SESSION BETWEEN THE NCF&O AND THE CITY OF BOYNTON BEACH HELD ON THURSDAY, OCTOBER 23, 2007 AT 9:00 A.M. IN THE FIRE POLICE TRAINING ROOM, CITY HALL BOYNTON BEACH, FLORIDA Present: For the City of Boynton Beach For NCF&O Sharyn Goebelt, Human Resources Director Jim Cherof, City Attorney Michael Low, Deputy Utilities Director Bobby Jenkins, Assistant Finance Director Marylee Coyle, Assistant Human Resources Director Shellie Sewell, Esq. Mike Stanley, U.S., NCF&O Mike Osborn, U.S., NCF&O Kalem Mahd, U.s., NCF&O Absent: Jeff Mark, U.S., NCF&O Public Service Unit of SEIU Don Roberts, U.S., NCF&O City Attorney Cherof opened the collective bargaining session at 9:25 a.m. Self- introductions were made. Attorney Cherof commented on the tardiness of the Union, adding they were expected to arrive on time for the scheduled bargaining session, barring an emergency. Mr. Stanley commented he would be serving as the lead negotiator. Attorney Cherof inquired whether he was designated by the City Manager to act in such capacity. Attorney Sewell commented, in order to expedite the negotiations, and as Mr. Boyens was no longer with the team, Mr. Stanley would assume Mr. Boyens' role. Attorney Cherof pointed out Mr. Stanley would be the third lead negotiator for the Union. He noted the Collective Bargaining Agreement contained a formal provision which required the Union to designate in writing to the City Manager the representatives on the bargaining team. As no such designation had been made with respect to Mr. Stanley, Attorney Cherof asserted the City would not negotiate until notification to the City Manager was accomplished. The Union members indicated they wished to bargain in good faith, and Mr. Stanley agreed to provide a handwritten document to the City Manager advising he would be joining the bargaining team. The parties caucused at 9:31 a.m., and Mr. Stanley proceeded to the City Manager's office with his handwritten notification. Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida October 23, 2007 The meeting reconvened at 9:45 a.m. Attorney Cherof welcomed Mr. Stanley to the team. The Collective Bargaining Agreement was e-mailed to the parties and included all the revisions made at the September 12, 2007 bargaining session. The agreement was prepared in legislative format and reflected the markups and items that were TA'd. Mr. Jenkins made copies of the agreement containing all the modifications, as Attorney Sewell was not certain she brought the agreement containing the revisions from the September 12, 2007 bargaining session. Attorney Sewell advised the Union did not have any new proposals to offer. Attorney Cherof presented two new proposals, and distributed copies of Article 41, "Insurance," and Section 12.9, "Suspension Pending Disposition of Criminal Charges," both of which represented an attempt by the City to have language in the Collective Bargaining Agreement that mirrored a Citywide policy or procedure. The Insurance Article contained language consistent with the three separate Police Collective Bargaining Agreements ratified by both the City and the Unions at the last City Commission meeting. For Mr. Stanley's edification, Attorney Cherof advised the City had entered into Collective Bargaining Agreements with the Blue and White Collar Unions, Fire Union and three separate and distinct Police Unions. Ms. Goebelt advised the exact verbiage for Article 41 was taken from the Police Agreements, which were available for inspection in her office. The existing coverage levels of benefits would remain in effect until at least September 30, 2008. The new language provided that if the City changed benefit options for employees after September 30, 2008, the health insurance coverage for the employees and their dependants could be amended. If the employees' costs to provide coverage for their dependents increased more than 15% during any fiscal year, the City would open this Article for the purpose of bargaining. The Police agreed to this as a result of recommendations made by the Insurance Committee. She believed the Blue Collar Union's participation in the Insurance Committee would be more important than ever, in light of possible tax reforms and policy changes. Mr. Mahd was serving on the Insurance Committee, and all Blue Collar Union members were encouraged to serve as well. Ms. Goebelt indicated medical insurance premiums were skyrocketing. Costs increased 9.5% in Boynton Beach last year, and several other cities had to go out for bids, as their premiums were increasing by 19%. The City maintained one of the richest Blue Cross plans in the State of Florida, and this is why the policy changes were so important. She advised it was the City's intent to include the new language in the Fire 2 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida October 23, 2007 and White Collar Collective Bargaining Agreements, upon the expiration of the agreements next year. Attorney Cherof advised Section 12.9 represented a shift in policy Citywide as well. There had been an unusually high number of incidents reported in the press involving City employees who had been the subject of criminal charges and, in some cases, convictions. The policy provided when a member of the bargaining unit was the subject of a criminal investigation in which the member could be, or was, charged with a felony, the member would be placed on administrative leave without pay pending disposition of the criminal charges. Any accrued time could be used so that the member would continue to be compensated until the accrued time had been extinguished. Attorney Cherof pointed out the proposals were addressed after the PBA bargaining was concluded, but before the contracts were ratified. The City would therefore present a Memorandum of Understanding to the PBA, Fire and other Unions. However, the City did not anticipate the Unions would approve the proposals, and believed they would elect to wait until their next round of bargaining. Discussion ensued with regard to suspension. It was noted in the event an employee was exonerated of the charges, while he would be restored to work, he would not receive back pay. To date, three members of the Blue Collar Union had been charged with felonies, and these cases were pending. Attorney Cherof invited counterproposals or modification suggestions from the Union. The City sought consistency in the process so that all employees were aware of the consequences of being involved in an activity that resulted in an arrest. The Union inquired whether the City did its due diligence and gathered information relating to insurance and the 9.5% increase in premiums. Ms. Goebelt advised data was compiled by benefit consultants from various sources, including other municipalities, and provided to the Insurance Committee, which would then make recommendations to the City Manager. The City offered four Wellness programs, three at no cost to the employee. Wellness provisions varied, depending upon the plan selected. The City also sponsored a Wellness Fair, which was instrumental in identifying and treating seven critically-ill employees. The Wellness programs provided flu shots to employees and a Smoking Cessation and Walking series. Attorney Cherof pointed out with regard to Article 41, the City proposed to maintain the status quo through September 30, 2008, the next transition of renewal for the City. Attorney Sewell requested the language stricken pertaining to the formation of the Insurance Committee be added back into the agreement. It was noted new language 3 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida October 23, 2007 was added to Article 41 providing for the formation of the Insurance Committee. Ms. Goebelt pointed out Blue Collar Union members had not been attending Insurance Committee meetings, and she encouraged members to serve on the committee and attend the meetings. The Union requested a break in order to discuss the manner in which it wished to proceed. The City granted the Union's request and the parties caucused at 10:09 a.m. The meeting reconvened at 10:22 a.m. Mr. Stanley requested Section 12.9 be clarified to include all employees. Additionally, the Union requested language be added to provide that upon the employee's return to work after charges were dropped or the employee was found innocent after a jury trial, the employee's bank of sick and accrued time used would be reinstated. This would not include employees taking a plea deal. Attorney Cherof indicated the City would consider the Union's request. Attorney Sewell suggested going through the outstanding items. Article 3 - Rights of Employees. The Union agreed to TA this Article, with the new language. Article 8 - Union Representation. 8.4.4 The Union desired to have this remain status quo. 8.4.5 Leave for Union Stewards was reduced from 20 to 10 days, as 20 days would adversely impact daily operational functions. This was basically a belt-tightening issue. The Union objected to this, believing the time was necessary for Union representatives to be able to represent employees. This item was left open. Article 10 - Union Time Pool. 10.10 Attorney Cherof pointed out the last version of this Article provided that when the City had scheduled a meeting at which a Union representative was required, and that meeting was cancelled, the City would reschedule the event. The Union countered and requested language be added to indicate the rescheduling would be at the convenience of both parties. The City agreed to this. Attorney Sewell advised she had a note 4 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida October 23, 2007 indicating the language would be moved to Article 8.4.5. The parties agreed to have the language remain in Article 10.10. Article 12 - Progressive Discipline. Attorney Sewell referred to a provision regarding the refusal to sign a disciplinary form. The City's position was that refusing to sign a form did not constitute extreme misconduct, and as such, the language had been stricken from the agreement. Ms. Goebelt requested the parties follow along with the agreement e-mailed to everyone on September 17, 2007 at 6:07 p.m., which contained the strikeouts and revisions agreed to at the September 12, 2007 meeting. With regard to the first occurrence of extreme or unlawful misconduct, it was the City's position the first occurrence could result in discipline. At the conclusion of the last bargaining session, agreement was reached on 31 Articles of the contract. Ms. Goebelt agreed she would immediately update the version with which the parties had been working. She did indeed update the document to include the agreements reached on September 12, 2007 and e-mailed the revised version to all parties on September 17, 2007. This should have been the document before the parties. Attorney Cherof did not understand why the Union did not have that document before them. At the conclusion of the September 12, 2007 bargaining session, the parties agreed Ms. Goebelt would e- mail the documents to everyone. If, within a few days, the agreement was not received, it would seem the City should have been contacted to that effect. Attorney Sewell apologized for any confusion relating to the process. Mr. Stanley indicated from this point forward, the Union would ensure anything e-mailed from the City would be disseminated in a timely manner. Mr. Stanley provided his e-mail address: sol idaritvworks4u@lyahoo.com. Attorney Cherof asserted it was the City's goal to reach an agreement and present a contract for ratification. He stressed the importance that all parties have the correct document before them at the bargaining sessions. He suggested the City provide another hard copy to all parties prior to the conclusion of the meeting, which would be the document to be reviewed at the next bargaining session. Absent any substantive change in the Union's position in anything discussed thus far, Attorney Cherof did not see the point of pressing on this date. Mr. Stanley requested the City caucus and reconsider the Union's requests with respect to Section 12.9. Attorney Cherof believed the City would have to consider Section 12.9 in the totality of the agreement. In any event, the City would not commit to giving the employee back the time used while on administrative leave, pending further discussions on wages and benefits. Attorney Cherof inquired as to how many hours were currently in the time pool. Ms. Goebelt would check. 5 Meeting Minutes NCF&O Blue Collar Boynton Beach, Florida October 23, 2007 The parties agreed to the next bargaining sessions: November 2, 2007, from 10:00 a.m. through noon; and November 13, 2007, from 8:30 a.m. through noon. Ms. Goebelt agreed to provide to the Union information pertaining to health insurance coverage offered by the City. There being no further business, the meeting properly adjourned at 10:57 a.m. ~Dt- Stephanie D. Kahn Recording Secretary 102907 102907 6