Loading...
Minutes 05-28-08 CONTRACTURAL NEGOTIATION MEETING BETWEEN IAFF LOCAL 1891 AND THE CITY OF BOYNTON BEACH HELD ON WEDNESDAY, MAY 28,2008 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 Lt. Dean Kinser, President Ray Carter, Deputy Chief of Operations Lt. Robert Kruse, Vice President Sharyn Goebelt, Director, Human Resources Lt. Larry Lederhandler, Treasurer Lt. Thomas Murphy, Jr., Secretary Miguel Reyes, Executive Board Member Adam Turey, Executive Board Member Opening Bill Bingham, Boynton Beach Fire Chief, opened the session at 8:37 a.m. Self- introductions were made. Chief Bingham distributed articles based on his notes and the minutes for review. He explained further changes could be made to the documents, but the handouts would depict what was discussed and keep the articles current. The following articles were distributed: Article 10. Uniforms and Safety Equipment. The update replaced language in Section 2 pertaining to the manner in which specialized uniforms and safety equipment for certain teams would be provided. It was noted new language would be put in red in the future. Article 11 , Phvsical Exams and Immunization. The update was included in Section 1A pertaining to the most current edition of N.F.P.A. 1582 as approved by the Labor Management Team and the inclusion of the Hepatitis A Vaccine added to Section 4. Article 14. WaQes. The update was included in Section 4B to make the article consistent with the performance appraisal instrument. Article 17. Sick Leave. The update was included in Section 3 and pertained to the employee being responsible for requesting time be added to his/her vacation. The language never applied, and it would be removed. Article 20. Personal Time. New language was added depicting the increments that may be used for personal time. 1 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 28, 2008 Article 40. Supplemental Retirement Insurance. The change in this article was to correct a typographical error in Section 1, changing the word "retiree" to "retire". It was noted Article 38. the Comp Time Article, submitted by the Union was not distributed. The article had been discussed; however, Chief Bingham had not heard back from Legal on the matter. Ms. Goebelt advised she had not been able to find anything in the Fair Labor Standards Act (FSLA) that referred directly to transferring time to the Union Time Pool. A legal opinion would be forthcoming. The following articles were discussed further: Article 17. Sick Leave. The City's proposed new language for Article 17, pertaining to restrictive sick leave, was still pending. Both parties considered the City's IBB for Article 17 as open and under discussion. Article 14. WaQes. Lt. Kinser spoke about a preliminary 2007 wage survey for different classes of firefighters from surrounding areas. He explained the survey was not complete but reflected minimum and maximum wages. The pay scale for the captains was forthcoming. Article 40. Supplemental Retirement Insurance. The Union, in the last contract, established a post retirement insurance fund to supplement retiree insurance once the employee separated from service. The fund was a 501 (c)(9) fund, which was active, but not currently making disbursements because the trustees determined the fund needed to mature for a period of time before disbursements would be made. The members involved were from 2005 and forward. The monetary compensation came from prior negotiations and was in lieu of salary adjustments. The Union was not aware of any other fund, such as this, existing elsewhere in the City. The Union proposed a half percent be added to the October 1, 2009 contract and another half percent be added to the October 1, 2010 contract, thereby deferring the second and third year of the .5% raises. The City had no liability to the fund or any legal responsibilities to it, as it was a Union fund, run by a board of trustees. Due to the IRS Tax Code, this was the only manner in which the fund could be supplemented. To date, there were three years of contributions to the fund, which commenced in 2005. The investment option return was currently 8%. Chief Bingham felt there was an indirect relationship regarding what would be deposited into the fund as opposed to receiving the October salary increase. He explained the financial impact would need to be researched further and was considered presumptive since it was unknown what the salaries would be in 2009 and 2010. Deputy Carter would report back with a pro-forma based on percentage of pay raises. It was noted Human Resources would assist. 2 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 28, 2008 Lt. Kinser explained currently, there was 1 % deferred from October 1 of 2006 and 2007, respectively. Chief Bingham advised that aspect would need to be researched, and he inquired when the funds would be deposited into the account. Lt. Kinser explained the process was specified in Article 40, and there was a window when payment would be made. Each employee's amount was calculated and a request for disbursement made. The fund was receiving the 2% in lieu of wages. Chief Bingham pointed out that effective September 30, 2008, if the contract was not approved, there would be no codifying document to effect that transaction. Lt. Kinser responded if the new contract was not ratified by October 1, 2008, or the City asserted the contract was in Duration, in lieu of wages being paid, the Union members would have received a 2% pay cut. The parties discussed the Savings Clause in the contract allowed for the continuation of the program if the contract was not codified. The Union noted Article 41 clarified if the issue was not resolved, the agreement would remain in force and effect. The Union's proposal was to combine section 2 and 3 under section 2, A, to create a new section B to read" Beginning October 1, 2005, and every October 1st thereafter, the City of Boynton Beach will make, on behalf of each employee, a contribution equal to 1 % of the current gross annual payroll of active department members. The new language section would read: "Effective October 1, 2009 the City of Boynton Beach will increase its contribution in this section from 2% to 2.5%, effectively representing a .5% contribution to the fund from years past.". and, "Effective October 1, 2010 the City of Boynton Beach will increase its contribution in this section from 2.5% to 3%, effectively representing a .5% contribution to the fund from years past." Chief Bingham was not certain the provision would fall under the statute being referred to, and the Florida Statute differentiated between criterions constituting automatic salary increases. After further discussion, Chief Bingham and Deputy Carter would calculate the figures for Article 40, using percentages, and would provide the median figures and make a note of the financial impact. He explained this item needed to be balanced with the fact that monies were being deferred. Article 11, Physical Exams and Immunizations. Lt. Kinser distributed this article. There were three separate issues identified. One issue pertained to additional duty related diagnostic testing for existing employees. The Union proposed the City bear the expense for this provision. The City contracts with the clinic for this but felt some issues have been dropped. Under Wellness/Fitness, there were certain prescribed diagnostic criteria listed in N.F.P.A. 1582. The idea was an employee would be examined and if something was found, the employee would not be cleared for duty until additional follow- up testing was given. In prior years, because the concept was to identify latent or early conditions, follow-up tests were covered by the City. Currently, it is the employee's responsibility to pay for the additional tests. Lt. Kinser did not know when that benefit ceased. Additionally, if an employee had been identified as having a condition, it was 3 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 28, 2008 thought the employee would be labeled. He explained the insurance industry could track these histories. Lt. Kinser explained if the City bore the cost, it would be considered as part of their annual physical, and not part of their personal medical history. He explained the Union was receptive to defining what additional testing criteria would be acceptable. He suggested reviewing N.F.P.A. 1582 to determine what would be considered as additional diagnostic tests. Chief Bingham noted the list could be fairly substantial. Additionally, Deputy Carter inquired at what point they would limit additional diagnostic testing and what kinds of illnesses or conditions they would be confined to. He explained if any employee was examined and had an injury that was not noted as duty related, if the injury would prevent the employee from working, he would not be covered under a presumptive clause. Lt. Kinser advised the Union was open to discuss, critique and limit presumptive issues. The next issue was seeking and receiving a second opinion and was an extension of language added to Article 11, Section 1, that N. F. P.A. 1582 would be adopted by the Labor Management Committee. The language would clearly identify the procedures to follow when an employee chooses to obtain a second opinion. Then, if needed, a third opinion would be binding. Chief Bingham explained it should be made clear to the physician, by the employee that medical examinations would be made in accordance with N.F.P.A. 1582 standards. He explained in the past, a legal issue arose involving an employee. The employee did not share any information with the physician, and the physician signed a statement indicating he was cleared for duty when there was no conversation whatsoever about N.F.P.A. 1582. Chief Bingham explained in that instance had the employee advised the physician of the N.F.P.A. 1582 standard, the system would have worked fine. Deputy Carter explained the City's proposal contained language in Section 1.A outlining the exam would be conducted in accordance with the most recent version of N.F.P.A. 1582, as approved by the Labor Management Committee. He explained the added language annulled some of the language proposed by the Union. Lt. Kinser responded the problem with the language was it identifies a secondary physician but it did not identify specific procedures to it. He explained 1582 had a lot of components and was subject to misinterpretation. He explained language was needed to clarify the Union's and Administrations methods and requirements regarding the way second opinions would be handled. By adding language, there would be no misinterpretation. The Union criteria listed in items 1-4 would specify the qualifications of the third party physician. Discussion ensued regarding medical records from second and third party physicians being sent to the office for the Fire Department physician. Chief Bingham felt 4 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 28, 2008 reports sent to the department should not include medical data and the decisions made about the employee would be in accordance with the 1582 standards. Deputy Carter expressed concern if they included lengthy language in the article that it may conflict with the first section that indicated the current version of NFPA 1582 as adopted by Labor Management would be used. He expressed 1582 had to be the continuing theme. There was discussion as to how explicit the Union wanted to be. Chief Bingham thought there was another way to accomplish what the Union was seeking, but he did not think bringing second and third opinions into the picture with the City paying for them was appropriate. He thought by doing so, the document could be diluted and there were cost and employee issues involved which could turn into administrative hassles that could drag for months. Lt. Kinser pointed out 1582 allowed for second opinions. Chief Bingham explained Fire Department physicians have no objections to second opinions, as long as the second physician indicated they read N.F.P.A. 1582, understood the provision, and met the standards of N.F.P.A. 1582. Lt. Kinser explained the second physician must have the same qualifications as the Fire Department physician. He inquired what would happen if the second opinion differed from the one made by the Fire Department physician. Chief Bingham explained he would accept the second opinion. The second opinion would override the first physician, as long as the employee was honest and did what was required of him/her. Deputy Carter did not see the need to consult with a third physician. He explained in addition to the expense of the consultation, the cost of replacing the employee when absent and other associated issues while the employee was moving through the medical opinion process the cost would be high. Lt. Kinser explained the third party physician would only apply when discrepancies arose and would clarify a condition or procedure. He agreed N.F.P.A. 1582 was a lengthy document, but noted some decisions by the Fire Department physician could be career ending. Chief Bingham explained if two physicians agreed an employee should not be returned to duty, then the employee should not be returned to duty. He pointed out there are liability issues associated with it to the public, co-workers and the department. For the record, Lt. Kinser agreed with Chief Bingham's point but asserted the Union's main concern was that under the provisions of 1582, the second opinion criteria was not clear. The parties agreed to work on language for the article at the next meeting. The Union reiterated their position was the second physician criterion was not clear and advised 5 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 28, 2008 they would be agreeable to the City deleting the language relating to the third party opinions. Chief Bingham responded they would develop clear language for this issue. Adam Turey left the meet at 9:45 a.m. Article 11. Physicals. Section 4, was discussed and would have a revised last sentence. Lt. Kinser explained the problem with listing the statute is that the statute numbers change. Since the intent of the statute would not change, adding the language "or current edition of revised statute", or "the current edition of the revised Florida State Statute identification number." to Section 4 would suffice. It was discussed Chapter 112.181 was referenced twice in section. Lt. Kinser had other changes pertaining to statute numbers. Additionally, the last sentence in Section 4 referencing Section 3.A. and 3.B., would be changed to "Section 3.A. and 3.C." which pertained to immunizations. The Union proposed offering full body CT scans to department employees and explained this was fairly new. Two 17 -year members of the department passed away from cancer discovered in the late stages. The scans were initiated under the Well ness/Fitness provisions since firefighters have a greater exposure to hazardous fumes and chemicals, and were being performed at University hospitals. This procedure would be optional to the employee and the Union was amenable to formulating when they would occur, or other criteria on the use of scans. Lt. Kinser suggested a first year trial run and thought in the future, they may become part of the physical exams. The members advised they wanted to live to reach retirement age and beyond. The price of the scans was costly; however, Lt. Kinser pointed out one fire department provided the service to its firefighters and two employees were found to have very early cancers. Consequently, the firefighters were able to be treated. The Union members negotiated a very good price for the scans and the City and Union discussed approaching the County and combining personnel to further reduce the cost of the PET scans. Article 7, Rules and ReQulations, Section 3. Lt. Kinser explained the article stated three employees would be appointed by the Union for the Regulations Committee. Since the Labor Management Committee was formed, a Regulations Committee was not established. The proposal was to replace the language, "and three employees appointed by the Union" with, "and three employees appointed by the Executive Board." Article 33, Grievance Procedure. Lt. Kinser explained there was no Union Grievance Committee and the Executive Board was the sole entity in charge of dealing with the Union. He suggested this be reviewed by the legal staff. The Union's proposal was to change the language in Article 33 in Step 1, from ". . . and signed petition to the Union 6 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 28, 2008 Grievance Committee." with, "and signed petition to the Union Grievance Committee which is made up of the Executive Board." Article 14. WaQes Lt. Kinser explained the Special Operations Team was established in 1997. Florida recognized and required team members to annually recertify with the State through the Florida Urban Search and Rescue Team, (FLUSAR 746) program, through a 40-hour recertification class. There were also five classes the employee needed in order to meet the requirements to be a part of the FLUSAR Team. The initial pay of the Special Operations Team has not changed since inception; however; a comparison of other departments was taken and the Union proposed a wage towards the lower end of the scale. For the last six years the pay differential was 48 cents per hour and the increase was proposed for 75 cents. Presently, there were no forty hour employees within Special Operations, which was comprised of 18 members, and 12 Dive Team members. The financial impact would be about $20K on top of the current salaries. The new total would then be $56,160. Lt. Kinser explained the majority of the numbers were percentage based. Chief Bingham was not in favor of percentages. The Unions proposal was to insert new language as Section 5 indicating employees currently assigned to a Technical Rescue Team would receive $1,872 per year. The amount would equate to an hourly rate of $.75 over and above the base rate of pay, which would not be included in the employees maximum. Assignment pay shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. The current Section 5 would be renumbered as Section 6. Chief Bingham suggested changing the title of Article 26 to "Certification Incentive Pay". which the Union thought that was acceptable. It was noted the Dive Team was not created at the time the contract went into effect. Honor Guard was suggested to be included in Article 26 or 14. The concept was the Honor Guard had been in existence for quite some time, and served without compensation. Boynton Beach had become the key Honor Guard for West Palm Beach and was called upon often because they have a good team. Most other departments compensate their Honor Guard Team. The Union proposed those members receive a sum of $50 maintenance subsidy per month because functions arise suddenly requiring the members take time in the middle of the day to attend the event. The members also have to prepare the Uniform and equipment. While parades or Holidays can be planned, funerals can not. There were nine members on the Honor Guard Team and the fiscal impact would be $5,400 per year. It was noted any retiree serving on the Honor Guard would not receive compensation. Chief Bingham would obtain a cost comparison. Article 14, Sick Leave. Annual Evaluation. Lt. Murphy noted there was prior discussion pertaining to employees using too much sick leave. One aspect of the discussion pertained to excessive leave which would impact their evaluation. Deputy Carter explained this tied article 3B to the performance manual. The Manual would clearly 7 Meeting Minutes IAFF Negotiations Boynton Beach, Florida May 28, 2008 state excessive use of sick leave constituted a less than satisfactory leave, however this was not set forth in the contract. The additional language would indicate the employee would lose the opportunity to receive his/her pay raise, thereby avoiding receiving two pay raises. The Union's proposal was to payout accrued sick leave at the time of retirement at three different compensation levels based on how many hours the employee was eligible to accrue and how many hours remained. This would allow for compensation at 25% for those having 0-719 hours unused, 50% compensation for those having between 720-2131 hours unused, and paying 75% for employees having 2160 unused. The percentages would be calculated on years actually served and would exclude any sick leave permitted by FMLA. The Union anticipated there would be a financial impact and would bring back a calculation. There was discussion the City's proposal would gain the attention of the employee; however, the Union felt their proposal was a change in philosophy, and by using a proactive approach, the employee would be rewarded for doing the correct thing. Chief Bingham explained employees who did not abuse sick leave would receive a higher pension than that of their peers who abused the sick leave. He explained there was an array of issues that arise when an employee decides not to come to work, such as overtime, employees working too many hours and others. The City would review the document but explained it was a cost item. Deputy Carter would review the histories of retired employees accumulated hours when they separated from service and would give the item consideration and perhaps make a counter proposal. The next meeting was scheduled for June 17, 2008 at 8:30 a.m. in the Fire Police Training Room. The City would offer counter proposals, and would try to reconcile the numbers on the pay charts. The Union would have survey information available and additional information regarding the CT scans. The meeting closed at 10:51 a.m. ~~Ch>>uf Catherine Cherry 060108 8