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Minutes 08-27-09 MINUTES OF THE BLUE COLLAR BARGAINING SESSION BETWEEN THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC AND THE CITY OF BOYNTON BEACH HELD IN CONFERENCE ROOM B, AT 1:30 P.M. ON AUGUST 27, 2009, BOYNTON BEACH, FLORIDA PRESENT: For the City of Boynton Beach For SEIU Sharyn Goebelt, Human Resources Director Frank Sosa, Spokesman SEIU Lori LaVerriere, Assistant City Manager FPSU CTW, CLC Marylee Coyle, Assistant Human Resources Director Carl Booth, SEIU Tim Howard, Assistant Finance Director Mike Osborn, SEIU, PSU Michael Low, Deputy Director of Utilities Operations Kalem Mahdi, SEIU, FPSU Jeff Mark, SEIU, FPSU Sharyn Goebelt, Human Resources Director, opened the negotiating session at 1:30 p.m. Self-introductions were made. Article 1 – No changes. Article 2 – No changes. Article 3 – No changes. Article 4 – The Union was not in agreement with 4.1.16. Article 5 – No changes. Article 6 – No changes. Article 7 – No changes. Article 8 – The City proposed to reduce the number of stewards. The Union would not agree to four, but would be open for discussion and would probably suggest six. ?Section 8.3 – Section "9.2" was added after "Article 9." The language in Article 9.2 was changed to indicate that no more than two stewards could participate in collective bargaining while on duty, without loss of pay. Six stewards were previously permitted. The Union would offer a counter-proposal. 1 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, Florida August 27, 2009 Article 10 – Language was changed to refer to "hours" rather than "days." Additionally, "Human Resources Director" was added to the paragraph. The Union agreed to the changes. Article 11 – No changes. Article 12 – MISCONDUCT ?1. – The language added by the City, "…on or off the job…" was not agreed to by the Union. SERIOUS MISCONDUCT ?4b. – "Refusal or failure to perform assigned duties and responsibilities" had been added by the City. The Union did not agree and would offer a counter- proposal setting parameters. PROCEDURE FOR DISCIPLINARY ACTIONS ?12.4.2 – The Union requested the written reprimand section proposed by the City be deleted. ?12.5.A. – The Union had no objection to the change previously offered by the City pertaining to written counseling, nor did it have any objection to the addition of the word "further" before "violations" in the last line. ?12.5.C – The City had deleted the following language: Any time an employee is suspended for discipline the suspension shall be without pay." The Union had no objection. ?12.E – The Union had no objection to the City's relocation of the word "information." ?12.6 – "Human Resources Director" was removed and "his/her" had been added in several places. The Union had no objection. ?12.7.2 – The Union offered the following counter-proposal: "Regular employees may appeal to an arbitrator a discipline greater than a suspension without pay of one day using the same procedure for arbitration as is set forth..." The City was not agreeable to the change. 2 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, Florida August 27, 2009 ?12.7.3 – The language, "written reprimand" had been stricken by the City. The Union had previously responded to the change. ?12.9 – The City proposed to change the title of the article from "Suspension Pending Disposition of Criminal Charges" to "Disposition of Criminal Charges." The Union would offer a counter-proposal. The Union believed administrative leave should be "with pay" rather than "without pay." The Union previously inquired as to what would transpire if an employee returned to work and the charges had been dropped. Ms. Goebelt explained the intent of the language provided that if the charges had been dropped, the employee would be brought back to work, and any sick or vacation time used would be reinstated without the employee having to pay back the time. Article 13 – The Union had previously offered a proposal regarding mediation. The City's response was that mediation was time-consuming, non-binding and added another level of costs for legal fees. For these reasons, the City preferred the language not be added. It was noted for the record, the use of the word "okay" acknowledged the parties' understanding of the comments made and did not signify a tentative agreement. Article 14 – Included changes proposed by the City for clarification purposes as follows: ?14.4 – The phrase "five day" had been omitted after "regularly-scheduled" as a workweek could consist of four days for those employees working a 4-day, 10- hour workweek. The Union had no objection to this change and also agreed to the deletion of the words "two" and "per week" in the fourth line. Article 15 – ?15.1.3 – The Union had no objection to the changes proposed by the City. ?15.2.1 – Ms. Goebelt explained the City's proposal clarified that task employees could not use emergency vacation hours on a holiday where resources were limited and the Solid Waste Department was understaffed. The Union indicated it would offer a counter-proposal after caucusing to add language similar to "unless approved by the appropriate party." Ms. Goebelt reminded there was no advance approval in an emergency and as such, the proposed language would not be feasible. The Union would offer a counter-proposal. 3 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, Florida August 27, 2009 ?15.2.2 – The City proposed that in addition to holiday pay, Solid Waste employees receive pay for hours worked at straight time, rather than time and one-half. Ms. Goebelt noted it was the City's intent to treat all employees the same and pay straight time for hours worked on a holiday. The Union did not agree but would discuss the item during a caucus. ?15.2.4 – Ms. Goebelt explained the language was stricken. It no longer pertained to the employees as their schedule had changed to a six-day workweek. The Union would discuss this issue during a caucus. Article 16 – The City noted the changes were proposed for clarification purposes. ?16.1 – The City noted the option for the one half-hour or one-hour break would have to be made on a departmental basis; otherwise, employees would be placed on different work schedules, stopping at different times. The City's intent was to have the employees work together as a single unit. The City was not in agreement with the Union's proposal allowing employees to decline a lunch period. MOU (Memorandum of Understanding) language had been inserted to indicate shift employees in Division 28 11 would not receive an unpaid lunch break. The Union noted "shift" should be deleted. Ms. Goebelt pointed out it was the City's intent for the language to apply to "employees" and as such, the word "shift" would be deleted. The Union pointed out all PPM (Personnel Policy Manual) employees worked from 7:00 a.m. to 3:30 p.m. with half an hour for lunch and breaks attached, for a total of one hour. The Union requested the same benefits apply to bargaining unit employees. The City understood the Union's position and would discuss the issue during a caucus. It was noted language to this effect was added to 16.2 by the Union as follows: "Employees may also attach their breaks to their one-half hour lunch." Article 17 – No changes. Article 18 – Ms. Goebelt noted the August 22, 2009 edition of the Palm Beach Post indicated more than 1 million people in the State of Florida were unemployed. It was the City's goal to prevent any layoffs and as such, the City requested concessions from the Union as set forth in many of the proposals. She noted several municipalities, including Coral Gables and Fort Lauderdale, were experiencing wage freezes, layoffs and pay cuts. The Union pointed out cities such as Gainesville and Orlando were providing wage increases. Ms. Goebelt advised that statistics from the Florida Agency for Workforce Innovation indicated a number of counties in the State of Florida, including Palm Beach, were experiencing a rate of unemployment of 11.3%. 4 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, Florida August 27, 2009 Lori LaVerriere, Assistant City Manager, noted Palm Beach County suffered a loss of 18% or 19% of its property values, and a 14% loss was expected next year. One of the goals of the City Commission was to avoid layoffs. The City Manager's Office created several budget models which would be presented to the City Commission on Tuesday, and the information was available on the City's website. The first of the budget hearings would be held on September 14, 2009. Ms. Goebelt emphasized there would be no funding for salary increases for any employees, including Police and Fire, for fiscal year 2009/2010. Article 19 – No changes. Article 20 – The Union's first recommendation was to revise the language to receive time and one-half for the two and three-hour minimums. This language had been borrowed from the White Collar agreement and was set forth in the contract adopted five years ago. The second recommendation called for 2 hours pay at time and one- half. This language was contained in the White Collar contract as well. The City had an issue with the language added by the Union regarding employees on call and vacation at the same time. This item would require clarification. The Union provided clarification regarding the 14 days of standby. Article 21 – The City would not expect a trainee working in a higher classification to receive a raise as, in accordance with 21.1, an employee would have to be qualified to work in a higher classification. Additionally, the City would not agree to pay an employee to learn a job. The Union would discuss this issue during a caucus. Article 22 – It was noted by the Union that in certain areas, written documentation was provided for training assignments. The City previously indicated supervisors would be directed to provide the paperwork necessary for an employee to receive a salary increase. Ms. Goebelt noted it was the City's intent to better educate supervisors with respect thereto. This was acceptable to the Union. Article 23 – Ms. Goebelt explained that the adoption of an ordinance required two public hearings at a City Commission meeting. Anyone wishing to express an opinion could do so at the public hearings. The emergency ordinance covered all employees, including management. If any amendments were made to the ordinance, it would be necessary to reopen the article, unless the proposed language, "…or the most current City Emergency Ordinance," was added. The Union would determine whether the article was acceptable after caucusing. Article 24 – The Union's counter-proposal would be to remain with the status quo. 5 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, Florida August 27, 2009 Article 25 ?25.2 – "Five days" was changed to "40 hours." The clarifying language was acceptable to the Union. ?25.3 – The clarifying language 50% was acceptable to the Union. Article 26 – No changes. Article 27 – No changes. Article 28 – For clarification, the word "days" was changed to "hours" as a result of the compressed workweek. ?28.3 – The Union had no objection. ?28.8.1 – "90 hours" was reduced to 80 hours for emergency cash-ins and eight hours was substituted for one workday. The Union had no objection. ?28.5 – The Union proposed that vacation requests of four shifts or more be requested and approved or denied 40 hours (rather than 48 hours) prior to the time requested off. Ms. Goebelt requested an explanation of the proposal which the Union agreed to provide after caucusing. ?28.6 – The Union proposed the language be changed to reflect employees would be allowed to take up to 48, rather than 24 hours of emergency vacation leave annually. The City could not honor this proposal at this time based on understaffing. The Union pointed out PPM (Personnel Policy Manual) employees had no set time and many used well over 40 hours per year. Ms. Goebelt explained those employees used vacation, not emergency time. The Union disagreed. The City was cognizant of the Union's point. Article 29 ?29.1.2 – The Union would offer a counter-proposal at the next meeting. However, the Union agreed to change "days" to "hours." Article 30 – The Union's counter-proposal for holidays was to remain with the status quo. The City provided clarification of the issue which related to a holiday falling on a day within the 10-hour, four-day workweek. The Union would provide a counter- proposal. 6 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, Florida August 27, 2009 Article 31 – "Hours" were changed to "days." However the City would revisit this item as further clarification was necessary. Article 32 – The City proposed that employees on active military duty provide the City with their military orders. Article 33 – As a result of understaffing, the City could not honor the Union's proposal to add "Union business" as a sufficient reason for an employee to be granted a leave of absence without pay. The Union would provide alternative language, taking into consideration the shortage of manpower. Article 34 – No changes. Article 35 – "Days" was changed to "hours." The Union had no objection. Article 36 – ?36.2e – Ms. Goebelt noted the change should refer to "three or more workdays." The Union would caucus with respect to the remainder of the article. Article 37 Ms. Goebelt explained the City did not believe "Recruitment and Selection" was appropriate in a collective bargaining agreement. As the identical language was set forth in the Personnel Policy Manual (PPM), it was removed from this article. Language was inserted referring to the process and procedures followed in the Personnel Policy Manual (PPM). Any changes to policies in the PPM necessitated approval by an ordinance requiring two public hearings, and anyone wishing to express an opinion could do so at that time. The Union would review this article. Article 38 –The Union's position at this time would be for the sunglass allowance to remain at $120 and safety shoes at $190. The cost for specially-fitted boots would greatly exceed the $90 cost proposed by the City. The City would consider the Union's request with respect to safety shoes and Ms. LaVerriere would contact Chuck Magazine to determine whether custom-made shoes could be purchased through the City's vendor. 7 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, Florida August 27, 2009 Article 39 The Union wished to remain with the status quo. Ms. Goebelt noted that a survey conducted indicated the allowance provided by the City for tool purchases was a great deal higher than any other city. Article 40 The Union would offer a counter-proposal at the next meeting. Article 41 The Union requested to remain with the status quo. Article 42 – No changes. Article 43 The language had been borrowed from the Administrative Policy Manual (APM). The City did not believe the article should be included in the collective bargaining agreement and inserted language noting the Tuition Assistance Program as described in the APM would be followed. The Union would discuss this issue. Article 44 – No changes. Article 45 – No changes. Article 46 – No changes. Article 47 – The Union had no objection to the changes proposed by the City. Article 48 – The Union proposed reducing the probationary period for promoted employees from six months to three months. The City was firm with the six-month probationary period. Article 49 – The Union requested to remain with the status quo. The City noted there was no funding for the longevity program in any of the City's budget models, including model 4 which brought the millage to 7.9. Article 50 – No changes. Article 51 – No changes. 8 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, Florida August 27,2009 Article 52 - The Union had no objection. Article 53 - No changes. Article 54 - The Union wished for the article to remain open pending full agreement by the Union and the City. The next meeting was scheduled for September 101 2009 from 1:30 p.m. to 2:30 p.m. The meeting concluded at 3:05 p.m. _./.;;::/L"'_'-- .Q/ Stephanie D. Kahn Recording Secretary 091509 9