Minutes 05-14-08
CONTRACTURAL NEGOTIATION MEETING BETWEEN IAFF LOCAL 1891
AND THE CITY OF BOYNTON BEACH HELD ON TUESDAY, MAY 14, 2008
AT 8:30 A.M. IN THE FIRE/POLICE TRAINING ROOM
CITY HALL, BOYNTON BEACH, FLORIDA
Present:
For the City:
For the Union:
Bill Bingham, Fire Chief
Sharyn Goebelt, Director, Human Resources
Ray Carter, Deputy Chief of Operations
Lt. Dean Kinser, President
Lt. Robert Kruse, Vice President
Lt. Larry Lederhandler, Treasurer
Lt. Thomas Murphy, Jr., Secretary
Miguel Reyes, Executive Board Member
Adam Turey, Executive Board Member
Shawn Weeks, Executive Board Shift
Member
Juan Carlos, Business Agent
Opening
Bill Bingham, Boynton Beach Fire Chief, opened the session at 8:51 a.m. Self-
introductions were made.
Chief Bingham explained it had been three years since the last bargaining session.
Through the Labor Management Process, the parties agreed to an Interest Based
Bargaining (IBB) process, which was the model they had used in the past. A complete
copy of the model depicting the methodology the members would follow is contained in
the CBA Negotiations, I.A.F.F. Local 1891 and the City of Boynton Beach 2008
handout, which is available for public inspection in the City Clerk's Office. Chief
Bingham also reviewed the model for the benefit of the parties and explained the
process was not an adversarial proceeding. The parties agreed to the provisions and
commenced negotiations.
Article 38. Comp Time
Dean Kinser, Union President, explained in the past, comp time was not much of an
issue and clarifications were provided to it in the last contract regarding employees
exceeding the maximums. The Union was proposing a comp time schedule similar to
the fiscal schedule which calculated vacation time accruals. On October 1 of any given
year, the employee would need to be below his/her comp time maximums, the same as
vacation.
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The benefit of the change, on the City's side, was it was easier to manage. Currently,
the City keeps track of each individual's comp time on a monthly basis and notifies the
employee to take time off because they exceeded the maximum. The existing language
would remain with additional verbiage added.
Since comp time cannot be lost, and because of the Fair Labor Standards Act (FLSA),
the Union promulgated language that comp time overages would be moved into the
Union Time Pool. Additionally, the October 1 date is beneficial because employees
select their vacation dates in August on the same basis as the October 1 - September
30th year.
The language change would amend the cap in Section 1 (changing to 144 hours, with
six 24-hour shifts as opposed to the current maximum of 96 hours). The last sentence
in Section 2 would be amended to read, "On September 30th of each year, all comp time
in excess of 144 hours would be donated to the Union Time Pool." There were
additional changes to Section 2 that would be forthcoming. The change was in the way
the hours were monitored. Currently the hours are monitored manually.
It was noted there were a number of employees who accrue numerous hours and if the
hours cap is too high, there would be, in essence, only a certain group of individuals
donating to the time pool. There was also a concern about the pool continuing to grow
and no one taking time from it. Lt. Kinser thought they could review this on a six-month
basis and at that time, if the individual exceeded a certain amount of comp time, the
language in Section 2 would apply.
Ray Carter, Deputy Chief of Operations, expressed concern about employees being
mandated to donate the excess hours. He noted comp time is time for the employee.
He questioned whether the employee legally could be mandated to donate the hours.
Lt. Kinser explained the Union's intent was to have all employees sign off on the
provision. Ms. Goebelt would check on the definitions of leave time and comp time as it
pertained to this issue.
Lt. Kinser explained they were trying to raise the hours threshold at the six-month
interval to 144 hours so employees could use it within the time specified. The threshold
at six months was approximately 72 hours. Lt. Kinser suggested the language in
Section 2 could be changed from 72 hours to 120 hours maximum at the semi-annual
review and was open to proposals. This article would be reviewed and ready for the
next meeting.
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Article 10. Section 2 B. Uniforms and Safety Equipment
Deputy Carter explained this amendment would eliminate the long sleeve heavy-duty
Nomex jump suit. The uniform for the Technical Rescue Team has been changed and
the proposal was to eliminate Section 2.B. completely. The Union was in agreement.
There was discussion whether replacing Section 2.B with a uniform description would
be appropriate. Deputy Carter explained they could do so, but it was unknown whether
the section would change again. Lt. Kinser suggested removing Section 1, with the City
to provide uniforms to the Technical Rescue Team based on the Uniform Policy derived
from Labor Management. The contention was the uniforms changed and the article was
subject to change. As a compromise, it was suggested removing Section 1 and revising
Section 2. Deputy Carter would bring back language for Section 2.
Article 17. Sick Leave
Chief Bingham explained the current language held the employee responsible for
monitoring their own time accruals. This practice has not been followed, nor was the
employee monitoring it. The last sentence in Section 3 reading, "The employee shall be
responsible for requesting within sixty (60) days of the end of the six-month period so
that the time can be added to his/her vacation" would be deleted. Both parties agreed
to this. It was noted going forward, as the parties moved through some of the IBBs,
they would set up a printer so as the parties Tentatively Agreed on articles, they would
sign them at that time.
Article 40. Supplemental Retirement Insurance
Chief Bingham noted there was a misspelling on line 4, Section 1 of this Article to read,
" . . . Boynton Beach Fire Rescue (The Department) who retiree retire on of after . . ."
Article 24. Education. Union Contract Addendum "C"
Chief Bingham explained there were schools constantly surfacing that were not
accredited, and the City could only reimburse for accredited institutions. In some
instances employees were led to believe the schools were accredited or were going
through the process, and expected reimbursement. The City wanted to add language,
to the effect that the list of approved schools was contained on the U.S. Department of
Education website so that employees could view the correct information. Schools would
be cross referenced. He suggested the Union review the information and come back to
the meeting with comments. He noted the list of accredited schools changes.
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Article 11. Phvsicals and Immunizations
Deputy Carter explained last year they added Section 3C to the Article regarding the
Hepatitis A Vaccine for the Special Ops members. They failed to include the addition to
Section 4 as well. The proposal was to add Section 3C to the second-to-Iast sentence
in Section 4.
Lt. Kinser wanted to revisit the item. The Union had an IBB forthcoming; however they
wanted to make a recommendation regarding N.F.P.A. 1582, in Section 1.
The City proposed to add language to Section 1, subsection A, to read, "The exam will
be conducted in accordance with the most current version of N.F.P.A. 1582 upon
concurrence with the Labor Manaqement Team."
Chief Bingham explained the documents were changing and it was his belief they
should use the most current version of any standard. He explained by Code, they adopt
N.F.P.A. Standards. In this instance, because it was addressed in the Union contract,
the Labor Management Team could make the decision on the edition they wanted to
use. That would be the standard used. It was noted standards could change
dramatically as it relates to disease processes and that was anticipated to occur again.
It was also noted they were just standards.
Lt. Kinser agreed and would provide additional language regarding Section A, in
reference to follow-up testing contained in N.F.P.A. 1582 pertaining to particular
illnesses and determinations from primary and secondary physicians. There was
discussion indicating it should be clear to employees what the secondary physician
qualifications were. The Union preferred to have some type of mechanism to clarify the
difference in physicians and possibly for third-party physicians that would make the final
determination.
Chief Bingham explained the standards in the 2007 edition were appropriate and the
problem had nothing to do with secondary physician evaluations. It had to do with the
second and third physicians who were evaluating the employees. The employees failed
to let the physician know that they needed to meet specific standards and what the
standards were. Chief Bingham explained the determinations needed to be consistent
and in writing indicating that the employee met the standards of N.F.P.A. 1582. Lt.
Kinser agreed, and would bring back language.
Article 20. Personal Time
Deputy Carter explained this was a housekeeping item. The article currently allows the
employee to use time in two to twelve hour increments. The clarification needed to
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show the time was between a minimum of two hours and a maximum of 12 hours in one
hour increments. The City would bring back language.
Article 14. Section 3B. Waqes
Deputy Carter explained this article included language that employees using five sick
days would have their pay raise deferred for 90 days. The interpretation did not indicate
the absences also constituted an unsatisfactory evaluation. The City wanted language
to clearly tie the deferral of the raise for 90 days because an employee was using
excessive sick leave to unsatisfactory evaluations.
Additionally, there was an employee who had a continuing 90 day deferral throughout
the entire year. The question was whether the employee would receive the pay raise
when the individual finished the deferral period, and then receive this year's annual
raise, thereby receiving two pay raises. Deputy Carter felt if an employee used sick
leave beyond what was acceptable, and continued to have the 90 day deferrals, the
employee should lose the opportunity for the raise if the employee had two consecutive
deferrals. This was clarified to indicate the employee would have to have an incident
two times beyond the initial referral.
Chief Bingham explained they discussed the first part of the issue in Labor Management
and he pointed out they try to correct situations through language even if it is in another
document. He explained the reason for that is to have the ability to address matters
with Labor Management without having to reopen the contract.
Lt. Kinser suggested opening Section 5 regarding Performance Evaluations and adding
language that coincided with the proposed language in 3B, this way both parties would
be clearly aware of the provisions. Since there is a performance appraisal instrument
addressed in the contract and the Collective Bargaining Agreement, the language could
be added. The Union agreed and would review the language.
Deputy Carter explained if he removed an employee based on the failure of the
employee to conform, there would be no issue for the employee to grieve based on the
language in the contract. The other component was the annual pay raise in April for
employees who abused sick leave. If the issue was not addressed, the employee still
maintained his/her time and grade but would be rewarded for using sick leave
improperly if allowed to go back and capture that pay raise.
The Union agreed with keeping the employee with their time, grade and STEP but noted
the use of time did not always mean the time was abused. It was noted if FMLA was
used, the employee was protected. The Union would try to develop language. Chief
Bingham would also develop language regarding the performance evaluation portion
being consistent with the Collective Bargaining Agreement portion of the revisions.
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May 14, 2008
Section 17. Sick Leave
Deputy Carter proposed to add a new section to the Article that defined Restrictive Sick
Leave. Currently, the provision was covered in the Personal Policy Manual but not in the
Collective Bargaining Agreement.
Chief Bingham explained they were proposing the issue be addressed. He noted the
department deals with this issue on a consistent basis and there are many things done,
as a matter of City policy, that were not addressed in the agreement. He explained
other Collective Bargaining Agreements have added a collateral document article to
their contract which specified in the absence of language in the Collective Bargaining
Agreement, other provisions in the Personnel Policy (PPM) or Administrative Policy
Manual (APM) would apply. He believed those provisions should be in the agreement.
Robert Kruse left the meeting at 10:16 a.m.
Lt. Kinser had questions about the exact language. He explained "excessive sick leave"
needed to be defined, as did ". . . a pattern, random or otherwise. .." Chief Bingham
explained there were certain provisions in the APM the department operated by, that
directly related to the Collective Bargaining Agreement which were changed without
notice. The changes caused problems. He explained whenever the APM is changed,
the Union should be notified. There was no opportunity for impact bargaining. It was
also pointed out the PPM does not apply to collective bargaining unit employees.
Lt. Kruse returned to the meeting at 10: 18 a.m.
There was discussion about whether an employee that finished restricted sick leave and
went back on within a year would be on a 180 day restricted period or a 90 day period.
This could prevent employees from behaving themselves well during the probationary
period and then repeating the pattern. Lt. Kinser agreed to review the proposal and
bring back suggestions.
Lt. Kinser requested clarification of Addendum "D" the Career Ladder. He sought the
definition of "Human Resource Program" and whether it was a series of classes. Chief
Bingham explained it meant a college class or a level 3000 or 4000 class. Chief
Bingham would provide the language, but explained the higher the rank of an employee,
the more it was necessary they be trained in human resource issues. The Union would
review the document and if they had any comments, they would bring them up at the
next meeting.
Chief Bingham explained certain provisions of the PPM and/or APM were applicable to
the Bargaining Unit members unless the terms of the collateral agreements conflict with
the terms of the article. These types of issues needed to be addressed. A proposal
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May 14, 2008
relating to insurance would be provided by the Union. Chief Bingham explained he
would be submitting in IBB format, a proposal taken from information from the Insurance
Committee meetings.
He distributed copies of the rules and regulations. The parties set the next meeting
date for May 28,2008 from 8:30 a.m. to 10: 30 a.m. in the Fire/Police Training Room.
Lt. Kinser would be reviewing some of the IBB's that were discussed and some
proposals as well. He announced they were in the process of calculating some of the
proposals, and anticipated all would be ready for the next meeting.
There was no further discussion and the meeting ended at 10:36 a.m.
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Catherine Cherry 0
Recording Secretary
051908
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