Minutes 08-20-08
MINUTES OF CONTRACT NEGOTIATION SESSION BETWEEN IAFF LOCAL 1891
AND THE CITY OF BOYNTON BEACH, HELD ON WEDNESDAY,
AUGUST 20, 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 Dean Kinser, President
Ray Carter, Deputy Chief of Operations Robert Kruse, Vice President
Sharyn Goebelt, Human Resources Director Larry Lederhandler, Treasurer
Thomas Murphy, Jr. Secretary
Miguel Reyes, Executive Board Member
J.C. Julia, Business Agent
Absent: Adam Turey, Executive Board Member
Opening
Bill Bingham, Boynton Beach Fire Chief, opened the session at 8:34 a.m. Self
introductions were made.
Chief Bingham advised he wished to come as close as possible to concluding the
negotiations.
Article 12, Group Insurance. Mr. Kinser referred to Section 1.A, which required all
policies be reviewed annually. As the City would no longer provide the four plans
previously offered and would be offering only one plan, Mr. Kinser believed the Union
should have the opportunity to impact bargain for any modifications to cost and
coverage negotiated by the City. Ms. Goebelt pointed out the 2% consultant fee for
dependent coverage had previously been borne by the members. With the plan
change, the City would fund 100% of the fee. She also pointed out the plan did not
change merely for the membership, but for all City employees, retirees, and other
organizations that had interlocal agreements. She contended this helped preserve jobs,
saved more than $800,000 for all funds and approximately $555,000 for the general
fund. The Union understood the change was made as a result of economic hardship,
and Ms. Goebelt assured the cooperation of the members was appreciated.
Dean Kinser, Local 1891 President, believed the language in Section 1A was sufficient,
as the standard practice had been for the Union to participate in annual insurance
reviews, especially in the event of any modifications. He pointed out the Union had
performed its due diligence with respect to Article 12.
Meeting Minutes
IAFF Negotiation Session
Boynton Beach, Florida August 20, 2008
Ms. Goebelt noted the City was currently working with Blue Cross Blue Shield to track
all fire claims separately. Her only concern related to the following language in Section
1.A: “Types of coverage currently in effect shall not be reduced.” There would be no
way to guarantee coverage would not be reduced, as this factor could only be
determined by the economy. The Union wanted the opportunity to impact bargain if
benefits were to change. Mr. Kinser pointed out the second sentence, which provided
an opportunity for the Union to make the modifications that benefited both the City and
the Union had been mutually agreed upon. Ms. Goebelt advised the language proposed
by the City was consistent with all three police contracts, as well as the blue collar and
white collar contracts. The language read as follows: “In the event the City can provide
for alternative benefit options for employees, then the health insurance coverage for
employees and their dependents may be amended from time to time.”
Mr. Kinser advised the Union did not wish to entertain the 15% increase for dependent
coverage. While the Union was open to negotiating with the City, the Union did not
want benefits to be reduced. Health insurance was a benefit, and any changes to
benefits should not be made without Union consideration. Additionally, the Union
opposed language in the contract that would waive its right to impact bargain.
It was noted by Union members that the benefits had changed drastically through the
Insurance Committee. Mr. Carter contended the Union understood the impact of the
changes to the insurance plan and why they were necessary. He pointed out, upon
receiving word from the insurance carrier of an increase or other change in benefits,
Ms. Goebelt was required to explore options that would minimize the impact created by
the changes. It was Ms. Goebelt’s belief that even if she were merely to look into the
possibility of reducing benefits, she could be creating an unfair labor practice under the
terms of the current contract.
Mr. Carter suggested tying language together in Section 1.A so that benefits could not
be changed without the Union’s participation in the decision-making process.
The Union caucused at 8:57 a.m. and returned at 9:05 a.m.
The Union provided a rough draft of proposed language for Section 1.A as follows:
“Types of coverage currently in effect shall not be changed unless mutually agreed
upon on an annual basis, allowing the City to seek modifications to the insurance plan
which may be made which benefit both the City and the members of Local 1891.” Ms.
Goebelt noted “change” could also denote better coverage, and pursuant to the Union’s
proposed language, this would have to be negotiated as well. Mr. Kinser pointed out
the Union could indicate its agreement to the changes by letter. As the language
submitted was handwritten, Chief Bingham would have it typed for further discussion at
the next meeting.
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Boynton Beach, Florida August 20, 2008
Chief Bingham recommended clarification be provided for any cases cited in Article 12
which referenced statutes, as the statute numbers could change.
Article 17, Section 7. Chief Bingham distributed an IBB worksheet that was prepared at
the beginning of the process, but held back in order to deal with more significant
issues. The IBB represented the policy practiced for employees placed on light duty
assignment. Currently, an employee on light duty would be scheduled to work a 48-
hour work week for several weeks prior to being placed on a 40-hour week. The
employee would be required to use eight hours of sick or vacation time in order to
compensate for the 48-hour week for which he or she was paid. It was suggested in
the IBB that light duty personnel be placed on the 40-hour schedule as soon as
practical, and this schedule would remain in effect until the employee was removed
from light duty. Payroll adjustments would be made to increase the employee’s hourly
wages to ensure he or she would receive the same gross salary received while working
on a shift schedule. This policy had been in practice, but had never been codified in the
Collective Bargaining Agreement. Chief Bingham articulated the language could be
incorporated in the agreement, or the practice could be continued as an administrative
tool and kept out of the Collective Bargaining Agreement. Another option would be to
include the policy in the Administrative Standard Operating Guidelines which would be
as binding as language in the Collective Bargaining Agreement. Mr. Carter pointed out
it was important the changeover be accomplished as quickly as possible so that an
employee would no longer be charged with sick leave in order to compensate for the
additional eight hours. It was pointed out adjustments to payroll during the same
period would be difficult without documentation evidencing a promotion, reassignment
or other significant change. It was agreed to add the Standard Operating Guideline
language to the article in the agreement.
Addendum A: Post Accident and Drug and Alcohol Testing Policy. Chief Bingham noted
minor changes were made pertaining to addresses. Mr. Kinser noted the Union would
review the addresses.
Discussion ensued with regard to an article which existed in all three police contracts,
and was provided by Chief Bingham for consideration. In the police contracts, the
article was entitled “Article 51, Collateral Documents.” Chief Bingham explained prior to
Ms. Goebelt’s employment with the City, there were issues with Human Resources
wherein significant changes were made in the Personnel Policy Manual (PPM) and
Administrative Policy Manual (APM). The departments relying on these documents
were not notified of the changes and had no input in the process. There were issues
relating to personnel management within the administrative policies of the City, and
there was an effort on the part of Human Resources to remove collateral documents
and place them into the PPM. This created problems as some of the collateral
documents which would have been referred to in the APM were either removed or
placed in the PPM. As the PPM was not a document used by individuals in the collective
bargaining units, the members could have made claims that the policies did not exist.
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IAFF Negotiation Session
Boynton Beach, Florida August 20, 2008
Chief Bingham set forth the premise of Article 51. A Collective Bargaining Agreement
would never resolve every issue all the time, and there would always be issues that
were not addressed. These issues could be addressed in other City policy documents
which provided guidance on how to deal with a particular issue. Mr. Kinser expressed
his concern regarding an article that could arbitrarily alter working conditions without
the Union’s participation in the decision-making process. Chief Bingham noted the
article would require the approval of the labor/management team. If the bargaining
unit members were to be involved in a situation regarding a personnel issue that was
not addressed in the Fire Rescue Rules and Regulations, but was addressed in another
City document to which Fire did not normally subscribe, for example, the PPM, the
applicable provisions could be used to resolve the situation. Ms. Goebelt pointed out an
APM article could be amended at any time, while a PPM article required Commission
approval and as such, could not arbitrarily be changed. Ms. Goebelt noted the PPM
would be updated, and she would provide copies to all department heads and unions
for review. Chief Bingham noted Fire Rescue rarely depended upon another City
document, as most of Fire’s policies were incorporated either in the Collective
Bargaining Agreement or in the Standard Operating Guidelines.
The City caucused at 9:40 a.m. and returned at 9:47 a.m.
Chief Bingham noted in the event the article were to be incorporated into the contract,
it would not be entitled Article 51, as this was taken from the police contract. Mr. Kinser
wished to make it clear the Union’s acceptance of the proposed article did not imply the
Union automatically accepted every provision of the PPM. This would require discussion
between the City and the Union. Chief Bingham noted the only modification he made
to the article was to provide an opportunity for the labor/management team to impact
bargain. Chief Bingham would adjust the article to ensure the Union’s wishes were
clear.
Article 34, Prevailing Rights. Chief Bingham had previously provided an IBB on
Prevailing Rights and had not heard back from the Union. Mr. Kinser advised the IBB
had been rejected; however, the Union had no alternative proposals to present at this
time.
Article 11, Physical Exams and Immunizations. Chief Bingham noted discussions were
had during a labor/management meeting regarding the cost of a full body scan. The
City would use the $800 per scan figure for the proposed Article 11. The City requested
time to properly research and prepare this article, and that it not be effective until
October 1, 2009. The City suggested the first test be given at the five-year mark. As
previously discussed, the test would not be mandatory. Mr. Kinser agreed the test
should not be mandatory as radiation was involved. The City did not disagree with the
concept as it related to preventative medicine, but required adequate time to determine
costs and ensure a plan would be developed in terms of the number of individuals who
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IAFF Negotiation Session
Boynton Beach, Florida August 20, 2008
would be having the scan, and the frequency of the scan. Chief Bingham believed the
City would be able to work out the details between October 1, 2008 and October 1,
2009. It was noted Palm Beach County was currently paying $600 for the scan, and
this would be used as the City’s benchmark. If the amount were to increase, an
adjustment would be made. The City would budget a certain amount of money each
year, and if the cost of the scan increased, the City would make adjustments in the
number of people receiving the test in order to remain within budget. The Union did
not object to the 12-month timeframe recommended by the City.
Article 14, Wages. Chief Bingham advised he had prepared preliminary standard
opener language for this article to ensure all discussions were properly documented.
He understood salary increases were proposed as follows: A 1.5% increase effective
October 1, 2008, a 2.5% increase effective October 1, 2009, and a 2.5% increase
effective October 1, 2010, with subsequent adjustments to the pay plan.
Article 26, Medical Certification. Chief Bingham pointed out the title of the article would
be changed to “Certification Incentive Pay,” or something similar. The Union would be
provided with draft copies for review. The Union believed incentive pay should be
provided, especially for Special Operations. The City had taken note that Special
Operations had been in service for many years, and there had never been an
adjustment in the incentive pay. The City agreed to move forward with the 75 cent per-
hour increase for Special Operations, and would recommend to the Commission an
adjustment to the Paramedic Incentive as well, based on the comparisons provided.
Chief Bingham would propose the incentives become effective April 1, 2010.
Article 38, Compensatory Time. The Union recommended a change to 144 hours, and
an alternate system of dealing with compensatory time. The City would not entertain
contributions to the Union Time Pool. In reviewing the compensatory hours accrued by
individuals as a result of their willingness to participate in department projects, the City
would increase the compensatory time, but to 120 hours (five shifts), rather than 144
hours. The City would use the same formula, with a threshold of 72 hours and a
maximum of 76 hours. After accruing 96 hours, employees would be required to take
time off so as not to exceed 120 hours. While the hours would change, the City felt the
system had worked and as such, it would not be changed.
Article 40, Supplemental Retirement Insurance. Chief Bingham noted, as Article 40 tied
into Article 14, Wages, it was clear the Union’s intent was that effective October 1,
2009, the 2.5% contribution would be increased to 3%, representing a 0.5% increase
to the supplemental insurance. The same would apply for October 1, 2010, in that the
3% contribution would be increased to 3.5%, representing a 0.5% increase to the
supplemental insurance account.
Chief Bingham advised he would be comfortable going forward with the package
discussed and would contact the City Manager’s office to schedule an Executive Session
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IAFF Negotiation Session
Boynton Beach, Florida
August 20, 2008
with the Commission during the first week in September. The purpose of the next
meeting would be to present the proposed new contract in legislative format and to
ensure everything in the summary had been captured. Chief Bingham had discussed
with Mr. Carter costing out several of the items, including the wage increase during the
first year and over the course of the contract.
Article 17, Sick Leave. Chief Bingham noted this article would not be entertained, as
the City believed the existing incentives were adequate. He did encourage the Union to
come up with other creative, less costly measures of rewarding employees for not
calling in sick.
The Union caucused at 10:09 a.m. and returned at 10:20 a.m.
Mr. Kinser pointed out the Union had time to digest the proposals and were
understanding of the situation. With regard to Article 26, Certification Incentive Pay,
the Union had no objection to the proposed incentive pay becoming effective April 1,
2010.
With regard to Article 38, Compensatory Time, while the Union proposed an alternate
plan, they had no objection to the City's plan.
The next session was scheduled for August 27, 2008, at 8:30 a.m., tentatively in the
City Manager's office. Mr. Kinser indicated the Union would require 30 days to post the
new contract. The Union would call an emergency session of the membership on
August 29, 2008 to ratify the contract, and Chief Bingham would meet with the
Commission on September 18, 2008. Thereafter, the earliest date the Commission could
approve the contract would be October 7, 2008.
There was no further discussion and the meeting was closed at 10:27 a.m.
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Stephanie D. Kahn
Recording Secretary
082008
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