Minutes 09-10-09
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 SEPTEMBER 10, 2009,
BOYNTON BEACH, FLORIDA
PRESENT:
For the City of Boynton Beach For SEIU
Sharyn Goebelt, Human Resources Director Jeff Mark, Steward, SEIU
Michael Low, Deputy Director of Mike Osborn, Steward, SEIU
Utilities Operation Carl Booth , SEIU
Tim Howard, Deputy Director, Finance Don Roberts, SEIU
Marylee Coyle, Assistant Director, Kalim Mahdi, Steward, SEIU,
Human Resources
Sharyn Goebelt, Human Resources Director, opened the negotiating session at 1:34
p.m. She noted the completed proposal would be TA'd (tentatively agreed to) by the
Union President and City Manager.
Article 1, Preamble: It was verbally agreed to "no change" at the August 27, 2009
meeting.
Article 2, Recognition: It was verbally agreed to the status quo.
Article 3, Rights of Employees: It was verbally agreed to the status quo.
Article 4, Management Rights: The Union had rejected the following language at the
th
August 28 session: "4.1.16. To implement at the discretion of the City, any new policy
Citywide." The Union believed the language gave the City too much freedom in that
policies could be added without the Union having any negotiating powers.
Article 5, Strikes: No change. There was no change to this Article.
Article 6, Non Discrimination: There was no change to this Article.
Article 7, Representation of the City: There was no change to this Article.
Article 8, Union Representation: The City proposed to recognize four stewards, rather
than eight, as agents of the Union. The Union was open to discussion and would offer
1
Meeting Minutes
SEIU Blue Collar Negotiating Session
Boynton Beach, Florida September 10, 2009
a counter proposal. Mr. Booth advised the proposal would be provided at the next
meeting.
Article 9, Collective Bargaining. The Union would offer a counter proposal.
Article 10, Union Time Pool. It was verbally agreed to remain with the status quo. The
phrase "Human Resources Director" was added to 10.1., and sick leave "bank" was
changed to sick leave "hours."
Article 11, Bulletin Boards. There was no change to this Article.
Article 12, Progressive Discipline.
?"Misconduct." The Union had no objection to the phrase "on the job," but did
object to "off the job." No definition had been provided as to the behavior or
actions that were or were not acceptable off the job, realizing that there were
off-the-job actions that were detrimental to City employees. As such, it was
requested by the Union that the phrase "off the job" be deleted.
?"Serious Misconduct."
4.b. "Refusal or failure to perform assigned duties and responsibilities." The
Union did not object to the word "refusal," but did object to the phrase "failure
to perform assigned duties and responsibilities." It was explained that a failure
to complete a task might not necessarily be the fault of the employee.
The next change was to strike the word, "three" preceding "occurrences" in the
paragraph above the "Serious Misconduct" chart. The chart served as a
guideline and was not "cut in stone." The Union would caucus regarding the
change.
12.4.2 The Union requested "written counseling" and "written reprimands" be
stricken. The City would discuss the request.
12.5. Types of Disciplinary Action.
A. "Written Counseling." The Union had no objection to the following
addition: "…and counseling the employee on improvement
expected" as well as the addition of the word "further."
2
Meeting Minutes
SEIU Blue Collar Negotiating Session
Boynton Beach, Florida September 10, 2009
C. "Suspension without Pay." The Union had no objection to striking
the following verbiage: "Any time an employee is suspended for
discipline the suspension shall be without pay."
E."Dismissal." The Union had no objection to the relocation of the
words "information" and "the." Additionally, Article "10" was
changed to Article "13." The Union had no objection to the
change.
12.6. "Right to Pre-determination Hearing." The Union had no objection to the
changes.
12.7. "Employee Appeals – Grievances." The Union would offer proposals on
12.7, 12.7.2 and 12.9. The City informed the Union that, with regard to
12.9, the phrase "administrative leave with pay" would not be acceptable.
With the exception of the deletion of "Suspension Pending" in the title of
12.9, it was the City's desire for the paragraph to remain status quo.
Article 13, Progressive Discipline. The Union had proposed mediation language. The
City had not proposed changes on the Article and would not agree to the Union's
proposal.
Article 14, Basic Work Week and Overtime. Minor changes had been made pertaining
to the work week.
Article 15, Task Assignment – Solid Waste. The Union had previously indicated they
would caucus on this provision, but requested the language remain status quo.
Additionally, the Union requested an explanation as to the City's reasons for changing
the task assignments.
Article 16, Work Breaks. The Union noted a previous discussion included removal of the
word "shift" in 16.1. The City noted the word "shift" should not have been included and
would be deleted. The Union proposed to add two 15-minute paid breaks to the
employee's one half-hour unpaid lunch period and to allow an employee to receive or
decline a one half-hour or a one-hour unpaid lunch period. The City was agreeable to
adding the half hour but not to allowing employees to decline or add the breaks. The
Union requested an explanation as to the City's reason for not allowing this, as it was
permitted for employees in other areas. The City contended its reasoning was based
upon resource issues and was not intended to be discriminatory. While the City
understood the Union's position, it would not agree to the designations proposed by the
Union and was resolute in its desire for the language to remain as is.
3
Meeting Minutes
SEIU Blue Collar Negotiating Session
Boynton Beach, Florida September 10, 2009
Article 17, Compensatory Time. The City and Union agreed to no change.
Article 18, Wages. The City contended Police had verbally agreed to a wage freeze for
the entire year, although they wished to be moved to their step on September 30,2010.
The step move had not been agreed to by the City at this time. An agenda item would
be presented to the City Commission at the first public hearing on the budget on
September 14, 2009. The second public hearing would be held on September 22,2009.
Ms. Goebelt encouraged all to attend.
Article 19, Promotions, Reclassifications, Transfers & Demotions. The City and Union
agreed to no change.
Article 20, Standby and Call Back Pay. The City had received the Union's proposal but
wished to remain with the status quo.
Article 21, Working in a Higher Class. The City noted the White Collar Union had
agreed to trainees not receiving the 5% increase in pay. It was the City's position that
the training provided an employee an opportunity to learn while on the job and improve
his or her skills. However, it was the City's position that while in training, employees
were not entitled to an increase in pay.
Article 22, Employees Assigned to Training Duties. The City and Union agreed to the
status quo.
Article 23, Emergency Pay Policy. It was agreed to add the language: "…or the most
current City Emergency Ordinance." Any changes to the Ordinance would require two
readings by the City Commission.
Article 24, Certification Pay. The City requested this Article be stricken. The Union's
position was to remain with the status quo.
Article 25, Sick Leave.
?25.2.A. The phrase "five days" was changed to 40 hours.
?25.2.B. The following language was added: "See 25.7.2." (The added language
required a physician's note in order to return to work.)
?25.3 This Article was clarified to provide that personal leave hours could be
cashed in upon separation from the City at 50%.
The Union had no objection to the City's proposed changes set forth above.
4
Meeting Minutes
SEIU Blue Collar Negotiating Session
Boynton Beach, Florida September 10, 2009
Article 26, Workers Compensation. There were no changes to this Article.
Article 27, Light Duty. There were no changes to this Article.
Article 28, Vacation.
?28.3 "Day" was changed to "hours." The Union had no objection.
?28.5 The Union had requested increasing the hours of emergency vacation leave
to 48. The City could not agree to this.
?28.8 It had been verbally agreed to change 90 to 80 hours for emergency cash-
in. The Union had no objection.
?28.8.4 The Union would provide alternative language with respect to this Article.
Article 29, Bonus Hours and Bonus Increases. The Union would provide a proposal.
The Union's current position was to remain with the status quo.
Article 30, Holidays. The Union requested to remain with the status quo. The City
noted the proposed holiday schedule would affect general employees and management.
Excluding Police and Fire, the loss of the holidays would result in a savings to the City
of $25,000. Mr. Osborn pointed out $55,000 had been budgeted to replace his truck,
which had accumulated only 62,000 miles. Rather than spending $55,000 on a vehicle
with low mileage, Mr. Osborn suggested the monies could be utilized to fund the
holidays. Ms. Goebelt advised she would contact Utilities with regard to the
replacement of Mr. Osborn's vehicle. However, it was the City's position to cut the
holidays.
With the compressed workweek, the City was proposing that when a holiday fell on an
employee's scheduled workday, the employee would receive eight hours pay at straight
time. When the holiday fell on a non-scheduled workday, it would be treated as a
floating holiday and eight hours would be added to the employee's vacation leave bank.
This was proposed by the City as an economic issue. The Union did not agree to the
City's proposal.
Article 31, Compassionate Leave. Ms. Goebelt advised the language was proposed
pursuant to a directive from upper management and this would be revisited.
Article 32, Military Leave. The City noted it had been agreed to add the following
language to 32.3: "Current U.S.S.E.R.A regulations will be followed regarding employee
5
Meeting Minutes
SEIU Blue Collar Negotiating Session
Boynton Beach, Florida September 10, 2009
benefits", as well as the language added in 32.5: "Employees on active Military Duty are
required to provide the City with their military orders for the duration of their
assignment."
Article 33, Leave of Absence. The Union had provided language which the City would
not agree to. The Union would provide new language.
Article 34, Unauthorized Absence. There were no changes to this Article.
Article 35, Jury Duty. "Days" were changed to "hours."
Article 36, Seniority, Layoff and Recall. The City had made the change previously
referred to by the Union in 36.2.e changing "three or more days" to "24 or more work
hours" for unexcused absences. The Union noted the City's proposed language
eliminated recall, severance pay and the two-week notification to the Union. The Union
would offer a counter-proposal, adding the language back into the agreement.
Article 37, Recruitment and Selection. The Union would caucus on this Article, but
would likely agree to remain with the status quo. The City's response was that it had
no interest in having this language included in the agreement, as the language was
included in the PPM (Personnel Policy Manual.)
Article 38, Safety and Health. The Union would agree to the status quo, with the wage
allowance for the purchase of sunglasses remaining at $120. Ms. Goebelt would
contact the Risk Management Director to request that he address the various safety
issues.
Article 39, Tool Replacement. The Union would provide a counter-proposal at the next
meeting. Ms. Goebelt noted the City had conducted a survey, and the average rate for
tools for fleet mechanics was $300.
Article 40, Uniforms. The Union would provide a counter-proposal at the next meeting.
Article 41, Insurance. The Union wished to remain with the status quo.
Article 42, Personnel Files. There were no changes to this Article.
Article 43, Tuition Assistance Program. Ms. Goebelt noted this Article was identical to
the programs described in the APM (Administrative Policy Manual) and as such, was
stricken.
Article 44, General Provisions. There were no changes to this Article.
6
Meeting Minutes
SEIU Blue Collar Negotiating Session
Boynton Beach, Florida September 10, 2009
Article 45, Dues Deduction. The status quo would remain.
Article 46, Pension. There were no changes to this Article.
Article 47, Substance Abuse. The following verbiage was added by the City: "…in the
current City Ordinance…".
Article 48, Probationary Period. The City proposed to remain with the status quo, while
the Union proposed that all promoted employees would be subject to a probationary
period of three (rather than six) months. The Union would caucus on this Article.
Article 49, Longevity Benefit. The Union wished to remain with the status quo.
Article 50, Savings Clause. There were no changes to this Article.
Article 51, Modification of Conditions. There were no changes to this Article.
Article 52, Posting of Agreement. The City proposed to strike the language in 52.2 and
replace it with the following: "The City will post a copy of this Agreement, as ratified,
on the City's webpage." The City also proposed to strike the language of 52.3.
Article 53, Collateral Documents. There were no changes to this Article.
The Union caucused at 2:37 p.m.
The meeting reconvened at 2:59 p.m.
Chuck Magazine, Risk Management Director, joined the meeting to discuss issues
relating to Article 38, Safety and Health, and to answer questions relating to the Safety
Committee. Mr. Magazine noted the City's vendor provided proposals for safety shoes
and boots for which the City would be paying $90 per pair. The City wished to ensure
that all employees who were required to wear safety footware were indeed provided
with the appropriate footware. Employees would be fitted at the Warehouse by the
vendor and would receive their boots within two weeks. The boots would be provided
in lieu of the $190 payment made to the individual employees, and there would be no
out-of-pocket expense to the employee. Employees identified as being unable to be
fitted properly by the vendor could purchase the boots at a cost not to exceed $90, and
could be reimbursed through a 121 form. The $90 boots were considered mid-level
boots.
7
Meeting Minutes
SEIU Blue Collar Negotiating Session
Boynton Beach, Florida
September 10, 2009
Mr. Osborn pointed out he was aware of an employee who was required to wear a
composite toe tennis shoe pursuant to his physician's orders. Mr. Magazine advised
tennis shoes were not authorized by the Safety Committee and as such, would require a
note from the physician. These types of situations would be dealt with on an individual
basis. For those employees requiring a special boot, a request should be submitted by
the appropriate department to the Safety Committee for approval. Additionally,
concerns were addressed with regard to the issue of the shoes/boots not lasting the full
year. As such, the Union would offer a counter-proposal at the next meeting. In order
to address the Union's concerns, the City agreed to "fine-tune" the wording in
Paragraph 38.3 to provide that if the shoes/boots did not last the full year, the City
would have them replaced, and when the new shoes/boots were received, the original
worn-out shoes/boots would be returned to the City.
The City believed Articles 43, Tuition, and 44, General Provisions, had been TA'd
(tentatively agreed to) by the parties.
Ms. Goebelt had received confirmation from the City Manager and Finance Director that
Fire and Police had agreed to a wage freeze for fiscal year 2009-2010 and to revisit the
issue on September 30th. It was the desire of both the Union and the City to resolve all
issues within the next few bargaining sessions. The City emphasized the continuing
economic crisis which would preclude any wage increases.
The next meeting would be held September 21, 2009, at 3:30 p.m., with the location to
be determined.
The session concluded at 3:23 p.m.
( 7'}--~ . () /
~--ur~ 'c..--!-
Stephanie D. Kahn
Recording Secretary
111709
8