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Minutes 09-09-09 MINUTES OF THE WHITE COLLAR BARGAINING SESSION BETWEEN THE SEW FLORIDA PUBLIC SERVICES UNION, CTW, CLC AND THE CITY OF BOYNTON BEACH HELD AT 10:00 A.M. ON SEPTEMBER 9, 2009 IN THE LIBRARY, BOYNTON BEACH, FLORIDA PRESENT: For the City of Bovnton Beach For the SEIU Sharyn Goebelt, Human Resources Director Lori LaVerriere, Assistant City Manager Marylee Coyle, Assistant Human Resources Director Tim Howard, Assistant Finance Director Michael Low, Deputy Director of Utilities Operations Carl Booth, SEW Rob Eichorst, SEW Skip Lewis, SEW Sharyn Goebelt, Human Resources Director, opened the negotiating session at 10:03 a.m. Ms. Goebelt noted several items had been verbally agreed to at the August 26, 2009 bargaining session. Article 1 .- Preamble - The addition of the following language was verbally agreed to on August 26, 2009: "The parties recognize that the best interests of the community and the job security of the employees in the City depend upon the City's success in establishing and maintaining effective, proper and superior service to the community." Also corrected was the Union's name to SEW Florida Public Service Union CTW, CLC. It was noted the completed proposal would be TA'd (tentatively agreed to) by the Union President and City Manager. Article 2 - Recoqnition - The parties verbally agreed to the status quo. There were no changes to the recognition Article. Article 3 - Riqhts of Emolovees - The Union agreed to the City's proposed language to reword 3.3 as follows: "Employees may request a Union representative to be present when the employee is subject to an investigatory interview and the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says." 1 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 Article 4 - Management Riqhts - The City was proposing to add 4.1.16 giving the City the right to implement at the discretion of the City, any new policy City-wide. The Union felt the language gave the City the right to institute any policy when they were ready to do so. The City would discuss this item during caucus. Article 5 - Strikes - The parties had agreed to the status quo. The reference to the Union had been corrected to SEW Florida Public Services, CTW, CLC, and "12" was changed to "twelve." Article 6 - Non-Discrimination - The Union had agreed to the City's proposal to remove 6.3 as it was contradictory regarding non-discrimination. Article 7 - Reoresentation of the Citv - The parties agreed to the status quo as to the representation of the City. Article 8 - Union Reoresentation - The City had requested several edits to the Article. The Union would discuss this item while caucusing. Article 9 - Collective Barqaininq - The City requested 9.2 be revised to indicate additional stewards or bargaining unit members present at the table may participate in collective bargaining by using time pool hours, while off duty, or when on approved paid leave. The Union had suggested three stewards but would caucus on this item since the City requested two stewards. Article 10 - Union Time Pool - The City had agreed to some of the edits but would not agree to 100% in 10.5. The City had proposed to remove the following: "The City shall match the number of Union Time Pool hours each year, at 50% of the number of hours accumulated by the Union." This would be discussed by the City. Article 11 - Bulletin Boards - The parties verbally agreed to the status quo other than a correction to the name of the Union. Article 12 - Proqressive Discioline - The Union would caucus on this item. The City responded to the Union's comments on paid suspensions. Ms. Goebelt confirmed with the Police Chief that there were no paid suspensions in the Department. 2 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 . 12.9 - The Union had requested clarification regarding the disposition of criminal charges. The City's Legal Department advised Ms. Goebelt of a situation wherein a City employee (bus driver) had returned to work pursuant to an arbitration. The City proposed language indicating that in the event an employee was charged with a felony, he or she would be permitted to use sick and vacation leave. If the charges were dropped or the employee was found not guilty, not as a result of a plea deal, the employee would be reinstated and would not be required to buy back the time. However, they would not be reimbursed for any unpaid leave. The Union would caucus to discuss this item. Article 14 - Basic Work Week - The Union would caucus to discuss this Article. The Union had agreed to the changes in 14.4 and 14.5. The City would not agree to "decline" an unpaid lunch period, but would agree to change the unpaid lunch period from one half-hour to one hour. The City would agree that abuse of lunch periods and break periods were grounds for progressive discipline. The Union would caucus to discuss 14.9 regarding the decline. Article 15 - Comoensatorv Time - The City and Union agreed to no change. Article 16 - Waqes - Ms. Goebelt advised the first budget hearing would be held Monday, September 14, 2009. No increases were budgeted for any employees, including Police and Fire, general employees and SEW bargaining employees. The language in the Police contract provides that after 45 days of opening the Wages Article, which declared an impasse, the PBA responded and has not agreed to a year's freeze. Once an impasse is declared, the decisions are made by the Commission. They agreed to a partial freeze and it is on the agenda for the Commission to review and make a decision on September 14, 2009 to freeze their wages. Raises are not funded. Even with a millage increase to 7.3%, it is still a very serious situation and the City's goal is to not layoff anyone. Fire has met and they understand the issues, and verbally announced that if everyone takes a wage freeze, Fire will also. However, they will not if others do not accept the wage freeze. The City also needs clarification on the Career Path Program. The Chief is open to that, but it is necessary to know who exactly this refers to. 3 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 The Union explained that according to the job descriptions, it is not clear if Communication Dispatchers (Pay Grade 12), Communications Specialists, which is two pay grades, and the Supervisors would qualify. Ms. Goebelt said they are on a Career Path. They have to have the service and standards. The Union would then strike them from the document. The Union would add Crime Analyst. Under B, the Union included Crime Scene Investigators, Criminal Intelligence Analyst, CSOs and records personnel. The time and grade is self-explanatory. The educational requirements would include 160 hours of training courses for Skill Level 2 over five years, and a Certificate of Completion or Achievement from that course. That would include one pay grade. Ms. Goebelt questioned whether that would involve Crime Scene Investigator I, Crime Scene Investigator II, etc. The Union said that would be discussed. After 10 years, they would achieve one additional pay grade. It was agreed to discuss this. Article 17 - Promotions. Reclassifications. Transfers & Demotions - There was verbal agreement for status quo. Article 18 - Standbv and Call Back Pav - The City needs clarification on the court information. Ms. Goebelt said there was a reference to Section A; however, there is no Section A in this contract. She believed this was referring to the Police contract. It would be necessary to do a cut and paste. Ms. Goebelt requested to know what employees would be eligible. It mentions non-sworn personnel. The Union said Crime Scene Investigators should be included. When Ms. Goebelt asked what they do when they get called, the Union responded that if it is on their day off, they get two hours of call back. This is not included in the current contract. The City will discuss that with the team during the caucus. Ms. Goebelt acknowledged that the Union would propose new language on 18.2. Article 19 - Emerqencv Pay PolicY - Regarding the emergency pay policy, there was verbal agreement to remove those details and move them to the language in 19.1, "Emergency pay shall herein be paid in accordance with the provisions of City Emergency Ordinance #2005-036 or the most current City Emergency Ordinance. 4 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 Article 20 - Certification Pay - The City is requesting to strike Article 20 for Certification Pay. The Union's position is no. The City will discuss this during caucus. Article 21 Emoloyees Assiqned to Traininq Duties - Both parties agreed to status quo as long as Ms. Goebelt put it in writing. The City will bring that language to the next meeting. Article 22 - Workinq in a Hiqher Class - There was verbal agreement that the City would strike whatever is greater until they return to their regular classification. So when an employee is being trained at a higher level, they should perform the work without a 5% increase in pay of the minimum of the higher classification. Article 23 - Sick Leave - The only thing the City did in this Article was to require the employees to call in in not less than 1/2 hour instead of an hour. Also, "five days" was clarified to "40 hours" per year for an immediate family member who is a parent, spouse or child, and spelled out the word "hours" in 23.3, and clarified the intent of personal leave. It read on a "two-to-one basis" and no one understood that. It was changed to 50%. The Union questioned 23.3 and whether the hours beyond 1,040 shall be transferred into the employee's personal leave bank. He asked if this was automatic. Ms. Goebelt responded affirmatively explaining that Human Resources works with Payroll which monitors this situation. There is a process in place through the Labor Management Committee whereby the timekeeper gets a list when there is someone in that situation. They can use it as vacation time. It does not show up on the paystub because the fields are limited and there is no where to put it. There is a tracking mechanism in place that did not exist in the past. Article 24 - Workers Comoensation - There was verbal agreement to maintain the status quo. Article 25 - Liqht Duty - There was verbal agreement to maintain the status quo. The Union asked if there was a limited period of time a person could stay on Workers Comp light duty. Ms. Goebelt said the Risk Manager would arrive to discuss Article 36 and he could address that question. Article 26 - Vacation - There was verbal agreement to revise the table to revert the reference to "days" because of the 10-hour workweek. The City agreed to go from 90 to 80 hours to cash in emergency leave. One issue 5 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 was the total of 40 hours of personal hours per year for non-sworn Police personnel and the City does not agree with that because it is an economic issue. The Union will caucus on this. . On 26.6, Instead of 24 hours, the Union is asking for 48 hours which is two more days. Ms. Goebelt said this would be discussed. . On 26.5.1 Regarding the one workday and eight hours, the Union said Ms. Goebelt was going to determine whether it would be eight or 10 hours. The City will caucus. Article 27 - Bonus Days - There was agreement to go from bonus days to bonus hours and the City asked to make the bonus hours semi-annually rather than quarterly for perfect attendance and the Union did not agree. The Union will caucus on this. Article 28 - Holidays -The City's position was to remove three holidays. There was discussion about on what days the holidays fell. Ms. Goebelt provided the Union with an analysis of the days of the week when the holidays fell in 2010. The Union was not in agreement with removing three holidays, but there was verbal agreement regarding when a holiday falls on an employee's scheduled workday, the employee would seek eight hours holiday pay at straight time. The City and the Union will have to caucus on this Article. Article 29 - Comoassionate Leave -The City was proposing a change from days to hours and would like to maintain the 24 consecutive hours. The Union requested that the out-of state allowance be changed to hours rather than days. Article 30 - Military Leave - There was verbal agreement to add, "current regulations will be followed regarding their benefits. Employees on active military duty are required to provide the City with their military orders for the duration of their assignment." Article 31 - Leave of Absence - The Union was okay with the City removing "the City Manager or his or her designee may approve up to an additional six months leave of absence without pay." The City requested clarification on the timeframe for Union business and noted there is a resource issue. Ms. Goebelt will need more information on what is needed for Union business. The Union will provide this information. 6 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 Article 32 - Unauthorized Absence - The City and the Union agreed there was no change to this Article. Article 33 - Jury Duty - There is a grammar change from days to hours. Article 34 - Seniority and Layoff and Recall - The City had a question with regard to the definition of seniority that needs to be discussed. Further, the City needed to revise the workdays because of the 10-hour, four-day work schedule which was corrected. The Union is open to discussion on recall. The Union will caucus on this. Article 35 - Recruitment and Selection - The Union was okay with removing current language and replacing with, "The recruitment selection, process and procedures will follow those described in the Personnel Policy & Procedures Manual." Article 36 - Safety and Health - Chuck Magazine, Risk Manager, would arrive later in the meeting to discuss this Article. Article 37 - Insurance - The Union's position was no. The City needs to discuss this issue regarding paying 75% of the medical. Article 38 - Personnel Files - The City and Union agreed to no change to this Article. Article 39 Tuition Assistance Program - The training person will compare the Blue and White Union Contracts to the PPM to ensure they are the same. Ms. Goebelt will provide something in writing. Article 40 - General Provisions - The Union was going to provide a counterproposal regarding uniforms. Article 41 - Dues Deduction - The Union and the City agreed to status quo. However, the Union pointed out that Local 1227 needed to be corrected to the proper Union name. Article 42 - Pension - There was agreement to maintain status quo. Article 43 - Substance Abuse - The Union was okay with replacement language in 43.1 as follows: "The Union recognizes and supports the City's drug-free workplace policy and the current City ordinance and will work with the City to enforce the provisions of the policy. It is recognized by the Union 7 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 that the City's drug-free workplace policy applies to all members of this bargaining unit." Article 44 - Probationary Period - There was verbal agreement to maintain the status quo. Article 45 - Lonqevity Benefit - The City is proposing to remove the entire Longevity Article and the Union's position is to maintain the status quo. This will be discussed. Article 46 - Bonus Increases - There was verbal agreement to maintain the status quo. Article 47 - Labor Management - There was verbal agreement to maintain the status quo. Article 48 - Savings Clause - There was verbal agreement to maintain the status quo. Article 49- Maintenance of Conditions - Under 49.2 the following language was added, "If a past practice, previously approved by the Department Director or it is already in the contract...". There was verbal agreement on this language. Article 50 - Postinq of Aqreement - The City is removing the language in 50.3 and will say it will be posted for inspection in Human Resources and on the webpage. The Union was okay with this change. Article 51 - Collateral Documents - No change to this Article. At 10:53 a.m., Ms. Goebelt declared a brief recess while awaiting the arrival of the Risk Manager. The meeting reconvened at 11:00 a.m. Article 36 - Safety and Health - Chuck Magazine, Risk Manager arrived to discuss this issue. The Union had a question regarding whether or not there was a limit on the amount of time for light duty. Mr. Magazine explained that there is nothing in policy that dictates the amount of time that can be spent on light duty. The City follows the doctors' recommendations. Light duty is not a permanent position. It is temporary. The City does not create positions for light duty assignments. If someone is on light duty restriction, 8 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 if there is another position available in the City that they are able to perform within their restrictions, the City would move them from one position to another as determined by the physician. The Union asked, "If any employee abuses the light duty while on Workers Comp and extends it indefinitely, is there a way you can deal with that?" Mr. Magazine explained that the City would bring in an outside rehab specialist to identify other positions in the community that the employee may be qualified for outside the City employment. The City has also utilized State agencies in this area. With regard to 36.1, Ms. Goebelt asked Mr. Magazine to join the discussion on the Union's counter regarding immunizations and additional testing. Ms. Goebelt confirmed that everyone was clear about the shoe allowance. Mr. Magazine reminded everyone that the shoe vendor would come to the City and the employees would purchase the shoes from the vendor. If they cannot be fitted, they would receive the equivalent of $90 to purchase their own shoes. That determination of fit would be based on the vendor. Measurements would be taken and approximately one week later the shoes would be delivered. On 36.4 where it states the Union may participate on the Safety Committee, the Union would like at least one White Collar member. Mr. Magazine felt confident there are White Collar members on the Safety Committee. Mr. Magazine advised the department head selects the representative of the department. Mr. Lewis would like to participate. The City Manager would have to decide who may be on the Committee. Ms. Goebelt will look into this issue. The Union was asking to include additional language. Ms. Goebelt read 36.4 and questioned who the Union wanted to have these immunizations. The Union responded it would be employees who are or could be exposed to these diseases. Mr. Magazine inquired who would make the determination of which people are at risk and would need these shots. Ms. Goebelt said the City would need specific titles of employees who would be eligible. Mr. Magazine suggested that if this were to occur, the responsibility would be assigned to the Safety Committee. The City will consider the language with adding, "the Safety Committee will review White Collar titles and decide titles eligible based on recommendations from the department to the Safety Committee." The City will caucus on this item and look into the language on diphtheria. 9 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 Mr. Magazine explained that the only time immunizations go through his office is when someone is injured on the job or it is part of a Workers Comp claim. Ms. Goebelt moved on to the next language. The Union iss proposing the City will provide for AIDS and hepatitis screening in all instances where non- sworn Police Department employees are exposed to situations with persons presenting a biological contamination threat. Results of these tests will be kept confidential. Mr. Magazine has an issue with this since it is getting into the area of Workers Compensation. When someone is injured on the job, the City already do these screenings based upon the exposure. Just because someone comes in contact with an HIV or AIDS patient and there is blood contamination, that does not mean there is exposure. There must be an open wound and a means for the virus to enter the body. This is currently being done and Mr. Magazine did not believe a bargaining agreement is a place to discuss claims activity when it comes to Workers Compensation because it is established through State Statute and court precedence. The Union said the wording is already in the PBA contract for the Police Officers. Mr. Magazine explained that under State Statute there is a presumption clause for law enforcement, fire and EMS which is separate from other positions even within the Police Department. The City is not willing to add that language because it is already being addressed through the Workers Comp venue. The Union also wanted to add, "Any condition of disability resulting from hepatitis, coronary deficiency, tuberculosis or meningitis, established to have occurred in the line of duty shall be covered the same as any other duty. Mr. Magazine said this would be the same since if it is a workplace injury, it is handled by Workers Compensation. This is the City's position on this issue. When asked where it can be found in the State Statutes that these conditions are covered, Mr. Magazine responded that it is called the Presumption Clause. At 11: 18 a.m., Ms. Goebelt explained that a review of all Articles had taken place and there was a need to caucus. 10 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 The City and the Union resumed the meeting at 12:56 p.m. with Ms. Goebelt addressing some of the issues that arose during earlier discussions. Article 21 - Emoloyees Assiqned to Traininq Duties - The City and the Union agreed to no change. Article 33 - Jury Duty - The City and the Union agreed to no change Article 39 - Tuition Assistance Proqram - The City is striking the current language and adding, "The tuition assistance program as described in the Administrative Policy Manual will be followed. Refer to 4.0.03, Organizational & Strategic Development Policies Tuition Assistance Program in the APM.". The City had a comparison done of the White and Blue Collar collective bargaining agreements and the APM and they are identical. The only change is a reference to the HR Director versus Organizational Development Director. There is no longer an Organizational Development Director since that job was eliminated and those functions were transferred to Human Resources. Article 50 - Postinq of the Aqreement - There was verbal agreement to strike 50.3 and 50.4 and the rest of the Article remains intact. The City was ready to hear the Union. Article 4 - Manaqement Riqhts - The Union recalled this Article was discussed earlier in the meeting and the Union was okay with it. Article 8 - Union Reoresentation - In Article 8, #8.3 and 8.4, the Union would like the word "granted" removed and the word "paid" added. The Union is okay with 8.2. The Union was okay with the language of #4 of 8.4. Article 9 - Collective Barqaininq - Regarding 9.2, the Union will agree to the language on the bottom if the City will agree to three stewards instead of two. The City will caucus. Article 10 - Union Time Pool - Items 10.1 and 10.3 are okay. Retain 10.5. Article 12 - Proqressive Discioline - In 12.2.6, if written reprimand is removed, the Union will accept. Verbal and written counseling can remain. In 12.2.7, the Union will talk about it, but will not agree to it as written because it is too broad. The Union would like to leave the wording that was crossed out. That is the Union's counter offer. 11 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 The Union does not agree to off-the-job actions unless both parties can agree on what those could be. . In 3.b, the language regarding ten (10) calendar days is fine. Written counseling for one or first occurrence is fine. Revised time to call was changed from one hour to 30 minutes. . In 4.b, the Union has a problem. He suggested language be added about the safety factor. The Union will bring a counter-proposal to the next meeting. . The next one was removing the word "three" above the chart for Serious Misconduct and say only "occurrences". This is a clean-up of the language. The Union will caucus. . There is another paragraph above the chart for Extreme Misconduct. The word "two" was removed for incidents. The Union will caucus. . Article 12.4.2 - Administrative Review - The Union would like to remove "written reprimand". . Article 12.4.3.3 - Verbal warning is okay with the Union. . Article 12.5.b - The word "written" was added before counseling. Also add immediate supervisor and management witness. This language was okay with the Union. . In 12.C, the Union agreed with the City's proposal to strike a line. This is being done because the City believes in due process and does not believe in suspending someone without just cause. . Article 12.C.1, the Union agreed to change the word "three" to "two" and add the words "all others for suspensions". . Article 12.6 - Right to Predetermination Hearing - The Union was okay with the change and the sentence at the end relative to "information gathered". . Article 12.7 - Employee Appeals - Grievances - The Union was okay with this Article. 12 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 . Article 12.7.4 - The Union is okay with this Article. . Article 12.9 - The Union has a counterproposal on this Article for the next meeting. Article 13.2 - Grievances - The Union is okay with verbal and written counseling. . Article 13.4 - The City proposed a tracking system similar to that used for Blue Collar. The Union did not have a problem tracking grievances but suggested numbering them to make it easier. The City will consider this suggestion and requested that the Union bring language to the next meeting. . On Page 33, the Union stated the Union official and the designee are all okay. Step 2 and Step 3 are okay. . The Union said they agree with the City regarding the arbitrators, but cannot always tell the arbitrators what to do. The Union is okay with the language on Page 35. . Article 13.5 - The Union will bring language on having a meeting to discuss whether it can be arbitrated. Article 14 - The Union was okay with the City's language and what the City struck out. Ms. Goebelt explained that the City wanted to hear the Union's position and then the City would offer a package. The Union offered to take 10 minutes to caucus in an effort to address a few more outstanding issues. Ms. Goebelt announced the next bargaining session would be on Wednesday, September 16th at City Hall from 1:00 p.m. to 4:00 p.m. The following meeting would be held on September 23rd from 9:00 a.m. to 12:00 p.m. The Union caucused at 1:24 p.m. The session reconvened at 1:32 p.m. 13 Meeting Minutes White Collar Bargaining Session Boynton Beach, Florida September 9, 2009 Article 40 - General Provisions - With regard to Article 40.3, the Union offered a counterproposal whereby in all areas where there is mention of four shirts, the Union would counter the first five and would give up one jacket replacement in Code Enforcement. For the workers in the sun (Code Enforcement) there is a floppy hat available that they want in its place. This should cover Field Inspectors as well. The number of shirts would apply to the Field Inspectors. Jackets would be removed from all categories unless the employee is a new hire. The Plan Review Analyst needs only five shirts and three pairs of pants. Communications should be moved under Police. Hats would be available for those who want them. Application Technicians would get five shirts and three pairs of pants. Code Enforcement will get five shirts and three pairs of pants. Jackets would be removed and replaced with floppy hats. As this discussion became confusing, Ms. Goebelt requested the Union provide a proposal at the next meeting. The meeting adjourned at 1: 39 p. m. Yrl, p~ anet M. Prainito, CMC City Clerk Transcribed from one recording 14