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Minutes 09-21-09 MINUTES OF THE BLUE COLLAR MEETING BETWEEN THE SEIU FLORIDA PUBLIC SERVICES UNION, AND THE CITY OF BOYNTON BEACH HELD IN THE UTILITIES CONFERENCE ROOM ON SEPTEMBER 21, 2009, BOYNTON BEACH, FLORIDA PRESENT: For the City of Boynton Beach For 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 Carl Booth, SEIU Mike Osborn, SEIU, PSU Don Roberts, SEIU, PSU Kalem Mahd, SEIU, PSU Sharyn Goebelt, Human Resources Director, opened the meeting at 9:56 a.m. Self- introductions were made. Ms. Goebelt inquired if the Union would TA on the Articles they agreed on at the last session. Article 4, Management Rights, status quo with no changes. This was a package of three Articles. To change Article 8, Union Representation to 6 stewards in Section 8.1, and Article 9, Collective Bargaining, Section 9.2, was changed to read from six to "four stewards may participate in collective bargaining." Ms. Goebelt requested clarification of Article 15, Task Assignment - Solid Waste, Section 15.1.3 and whether they would leave it status quo. She requested whether the Holidays were changed in Section 15.2 to read, "when a City Holiday falls on an employee's scheduled work day, the employee will receive eight hours holiday pay at straight time, When an observed holiday falls on an employee's non scheduled work day, it will be treated as a floating holiday, and eight hours will be added to the employee's vacation leave bank." Section 15.2.2., would be changed to read," in addition to receiving holiday pay, Solid Waste employees shall receive pay for hours worked at straight time when required to work on a holiday. Section 15.2.4 was struck. The Union countered the City's proposal. The City agreed to the Union's counter in Section 15.1.3 and basically left it status quo, "Task employees may not use emergency vacation hours on a holiday". Task Assignment, Article 15 would be discussed further. The Union indicated they could agree to the 10 hours if they withdrew the three holidays. Article 16, Work Breaks - pertaining to Section 16.1., the City agreed to add one hour unpaid lunch, and the City agreed to remove the word shift in Section 16.2, to read, "employee's working in division 28-11 will not receive an unpaid lunch if required to remain at their normal work station for the duration of their shift." The language was from an MOU and the employees get two 15-minute breaks. The Union agreed to TA the Article. 1 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 Article 20, Certification Pay - the word beeper was stricken from Section 20.1.1. and the following language was added to Section 20.1.1. "employee who works a minimum of four hours in a work day may be placed on standby for that day." Other than that, the article was status quo. After discussion, this Article was still open. Article 21, Working in a Higher Class. Ms. Goebelt believed the parties verbally agreed to edit in Section 21.2. The edits pertained to employees being trained to perform work in a higher class and that they shall perform that work without a five percent increase in payor the minimum of the higher classification. Article 24, Certification Pay. Ms. Goebelt explained the parties agreed to change the language in Section 24.4 to read, "The foregoing benefit adjustments to the Article are suspended for fiscal year 2009-2010. Article 28, Vacations. The City struck the word day and added the word hours in Section 28.3. Section 28.8 changed emergency cash-in to "80 hours to cash, Conversions must be made in increments of eight hours." There were also changes made to emergency vacation, which the City added. The changes; however, were contained on page 55 which was missing. The City agreed to print page 55. Article 29, Bonus Days and Bonus Increases. The City agreed to award eight hours every four months, instead of every three months, Article 39 Tool Replacement. The Union countered with a $500 tool allowance. The City agreed. The article would be deferred and caucused on, as Uniforms still needed to be discussed. Article 12, Progressive Discipline. The Union had made a verbal counter on Section 12.2.6. The Union thought there should be a time frame indicated. The City had agreed to change language under Misconduct, 1. "Employee behaviors or actions on the part of the employee on the job which hinder or jeopardize. . . ". The City had agreed to strike the word off They also agreed to remove the word failure. In Section 12.4.2., the City agreed to take out the words written reprimands. The Union was agreeable to adding in Section 12.5, "in counseling employees on improvement expected." The Union was agreeable to adding the word further, from the sentence, "further violations will result in discipline up to and including termination." There was agreement to strike, "Discipline without pay for just cause." The City changed the language, "The City Manager designee" instead of Human Resource. The City was firm with the language in Section 12.7.3 which was "regular employees may not grieve a one (1) day suspension. Section 12.2.6 was status quo and the City would caucus on it. Section 12.7 the City was firm on leaving in the word "not". The Union had countered for Section 12.9, to insert language to refer to the City Policy. The City was firm with leaving that in as well. The City would caucus on Section 12.2.6. The City caucused at 10: 17 a.m. The meeting reconvened at 11:05 a.m. Ms. Goebelt had information about the Union Time Pool. She explained there was an issue with how it was being handled. The City was using the wrong code which was charging the City and not the Union Time Pool. She also verified with payroll that since they put the Union Time Pool in place with the match, no one ever donated any time to the Union Time Pool in four years. 2 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 She recommended the Union provide information when employees donated to the Union Time Pool. The Union indicted Sharon Munley should be contacted because there was an issue that was Blue Collar and White Collar was being charged to Blue Collar in their reports. Ms. Goebelt had printouts from payroll each time something was charged to the City. The forms were submitted to Human Resources, put in a file and never processed. Mr. Osborn explained he donated eight or sixteen hours which were taken out of his check. Ms. Goebelt explained he should bring it to her. When there was a vote, there was a sign in sheet to donate time; however, the instance referred to was about five years ago. Ms. Goebelt explained they could go back because a lot of hours were charged back to the Union and they needed to discuss how to do that. The City was willing to TA to the following articles: Article 15, Task Assignment. Section 15.1.3 was left status quo. The City changed Section 15.2 which had to do with task employees not using Emergency Vacation hours on a Holiday. In Section 15.2.2. was proposed to read, in addition to receiving Holiday pay, Solid Waste employees get paid for holiday at straight time when working. - The Union wanted to hold on a bit because the same language was in Holiday regarding the eight hours and ten hours change. Article 20, Standby and Call Back Pay. The Union wanted to discuss the Article. The City wanted the status quo except if there was an employee who works a minimum of four hours on a work day may be placed on standby. That was the only change to the Article except for striking the word beeper. The Union would offer a counter. Article 28, Vacation. The City printed the last page of the Article and added language regarding the use of emergency vacation, "Employees must notify their supervisor immediately of this absence within one half hour of their normal shift start time or if at work. an emplovee is notified of an emerQencv. thev mav use emerQencv vacation no more than four times per fiscal vear. There was agreement on the added language. Article 38, Safety and Health. The City discussed the Union's counter and was willing to put back the $120 for the Beach Patrol Employees to purchase specialty glasses. In Section 38.2, the City would like to use their proposed language with a change to, "the Union may shall participate on the Safety Committee." The City would also increase the amount of the shoe if the shoe does not properly fit as deemed by an authorized vendor. The City would split the difference of $50, and the City would pay $25, and indicate the price of the shoe shall not exceed $115. the Union would caucus on this Article. Article 39, Tool Replacement. The City agreed to the Union's counter of $500. Article 40, Uniforms. The Union had provided a counter. The City left the Uniforms status quo except for one hat, exchanged as needed and a change in the number of sweatshirts was changed from two to one. Section 40.4 was updated to read "Employees in certain classifications may be permitted to wear shorts, at their supervisor's City Manager's discretion. Section 40.5 was updated about the sweatshirts. The option of the shirt style was determined by the employee's needs. Ms. Goebelt advised the City Manager was very firm about uniforms and it was not acceptable to wear any other clothing when employees were working. A solid gray tee-shirt was allowed. 3 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21, 2009 The Union had a counter for Article 12, Progressive Discipline. The City advised it was still firm regarding Section 12.7 about appealing to an arbitrator. The City would like to keep Section 12.6 status quo and was firm with section 129 Criminal Charges. The parties had already discussed language regarding incidents on or off the job. The Union caucused at 11:18 a.m. The meeting reconvened at 11:29 a.m. The Union agreed to the City's proposal regarding Article 12, Sections 12.7, and 12.9 and withdrew their proposal for Section 12.2.6. Article 20, Section 20.1.1., the Union countered with three hours. Article 38, The Union agreed with the City's last proposal. Article 36, Seniority, Layoff and Recall. The Union wanted to put language back in about two weeks notice to the Union, Recall rights and nine weeks severance package. The City would review it. The City had a counter for the Union on the following four Articles: Article 31, Compassionate Leave. The City wanted to have 24 hours in state, and the City would put back 40 hours out of state. The City would leave Article 33, Leave of Absence as status quo. They would change the language in Article 37, Recruitment and Selection, to refer to the PPM. Keep the status quo for Article 48, Probationary period. The Union caucused at 11:34 a.m. The meeting reconvened at 12:00 noon. The Union agreed to the City's package. The City responded to the Union's counter regarding Standby and Call Back. The City wanted to keep it at four hours. The City would need to caucus. The Union explained the reason the Union asked for three hours was it meant three hours working. The meeting broke for lunch at 12:04 p.rn. The meeting reconvened at 1 :03 p.m. Ms. Goebelt discussed Article 12, Progressive Discipline. The parties had verbally agreed to TA at the last session. The City printed pages 26, which contained Section 12.9., Article 31, Compassionate Leave, page 31 which put back in the 40 hours for compassionate leave when the employee needs to go out of town, Article 33, Leave of Absence, was status quo. Recruitment and Selection had language stricken and added "Recruitment and Selection process and procedures as described in the Personnel Policy Manual for the City of Boynton Beach." Article 48, Probationary Period was the status quo 4 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 The Union still had items on the table. The City had a counter for four Articles. The City wanted Task to remain with their current proposal only editing Section 15.2.1 regarding holidays. "When a City-observed holiday falls on an employee's scheduled work day, they will receive eight hours holiday pay. When an observed holiday falls on an employee's non-scheduled work day, it will be treated as a floating holiday and eight hours will be added to the employee's vacation bank. Task employees may not use emergency vacation as a holiday." Section 15.2.2 was changed to "In addition to receiving holiday pay, Solid Waste employees will be paid for hours worked at straight time." The City's counter on the second Article was regarding Standby. The City was firm on the four hours. With that change, the City would remove Longevity completely, but the City would give back the three holidays. Ms Goebelt reiterated the Task Assignment, Article 20 would remain at their original discussion of four hours which they verbally agreed to earlier. The three holidays would be restored, but they must strike Longevity bonus completely. The Union caucused at 1:09 p.m. The meeting resumed at1:14 p.m. The Union offered a counter. The Union wanted to withdraw their proposal for Article 20, Standby and Call Back Pay and keep the original status quo for the Article from the last contract. The Union countered with freezing or suspending Article 49, Longevity, for one year. The Union agreed to Article 15, Task Assignment. The City caucused at 1:15 p.rn. The meeting reconvened at 1:27 p.m. Verbatim Transcript begins. Goebelt: Okay we're back on the record with the package of Articles 15, 20, 30 and 49. Michael would like to briefly discuss our interpretation of Standby in Article 20. Low: I just wanted to clarify our understanding for putting back the old language is that anybody that's on duty (inaudible) that you have to be on duty that day in order to receive standby pay (inaudible,) that's our interpretation of going back to status quo. Osborn: Well that wouldn't be true because the Utilities put basically the same language in their rules and regulations that fall under Article 30, uh falls under- Goebelt: Twenty. Osborn: 37, uh 50 - Low' We withdrew anything that we had on that because of negotiations. 5 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 Osborn: No because we receive that from Kofi. Low: You received a thing saying that there was no um, no one was going to be paid if they were off during the day. Yeah. These negotiations supersede anything that was printed. Osborn: I understand that. That's why from my thinking was, point of view was maybe we would just go ahead and leave this out as maybe something we can work out something at a later date in labor management. Because like we have discussed in labor management prior negotiations, and the Fire Chief even agreed was it's not a matter of being here or not being here. It's a matter of whether you're available when you're on call. And like I said, there's certain things that come up when an employee has to take part of the day off and for them to rush, rush, rush, to make sure that they're here for four hours is gonna put them at a disadvantage and the City at a disadvantage, especially in a department like mine, where we only have two people on call. And if I have to take off five hours during the day, and he's on vacation and gone, then what do we do for call that night if there's an emergency? We were looking at it basically, for a benefit to the City because if myself and Ray were both using vacation, they wouldn't have nobody and then say you have a lightning strike here, that took out - what are you going to do for a person to come in and respond. You're not. And then you're dead in the water because - Low: (inaudible) in response to lightning strikes. We're already utilizing two electrician (inaudible) to come - Osborn: For electrical work but not for mechanical work - Low: (inaudible) Osborn: It's going to take out mechanical stuff too. Low: (inaudible) Osborn: Mechanics. You got two here and you got two out west, and that's all you've got. And one of them on call here isn't even a mechanic. He's an electrician. Low: (inaudible) Osborn: I mean with limited resources and everything that the City and that you guys talked about and job sharing and everything else, I mean it would be a benefit to the City to have them trained in person. Low: But after these negotiations started, we reached a point that we'd come to full days, and reduced it to four hours. We end up putting the four hours in the language in the uh, Article 20 and now you (inaudible). I mean hey. . . Osborn: Our original proposal was to be like the White Collar. Goebelt: The White Collar did accept the (inaudible) hours. Osborn: Was like their old language. 6 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 Goebelt: They didn't have that language in there. Osborn: Our original proposal was straight out of the White Collar's last contract. Goebelt: They didn't have the four hours in there. Osborn: No they didn't. They had a day. Goebelt: They accepted it this time. Osborn: They had a day. Goebelt: Now they've accepted the four hours. Osborn: I would just hate to see this City be in jeopardy - Goebelt: I don't think, you know what (inaudible) and White Collar. Osborn: I would hate to see this City and the water and the City of Boynton Beach be put in jeopardy over a couple hours of vacation tirne, and like I said, in the Labor Management, even the Fire Chief agreed that it's not so much as a person being on vacation. It's whether they're available. Low: At the time Osborn: And if a person is available, like if I'm going to be out of town, I let them know I'm not available and I'm not on call. But if I take off to take care of chores around the house and I'm available after hours, I let them know that. Goebelt: We did offer, Mike, to put it in four hours if you work four hours, so in our opinion that's a compromise. You're allowed to work half a day and still be on call. That's our opinion, so we're willing to go back to the four hours if you'd like to put that in, you can put the four hours in, we (inaudible) agree to three. Then we are firm on longevity and I'll tell you why. Carl, you know it's illegal to negotiate something you can't fund. And the budget, which is the second hearing tomorrow night, longevity is not budgeted for General Employees in SEIU. I cannot, even in good faith, put suspend or freeze. have to eliminate that article. So if you'd like to talk about it. Osborn: But you do have funding though for it. Goebelt: Mike, I'm just telling you that particular line item is not funded. Now if there's surplus dollars, that's up to the City Manager and the budget team, and the Commission decides where those dollars go. But the budget is written currently, not funding longevity. Osborn: Well then how could that be when you have to still pay longevity to Police and Fire? You'd have to have something. 7 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 Goebel!: You'd have to put it back in. They have to go back and amend the budget and put it back in because those articles are not open. We did put that on the table, but that was, we did not have a reopener on those articles so . . . Osborn: Yeah I know. Goebelt: It's not funded, so, do that's our counter. Um, we're willing, again, 15 as we proposed for 20, willing to put back in the four hours if you want it. If we do status quo, we want it on the record that you cannot be off that day and be on call. Holidays, we'll give the three holidays back keeping in mind we did the other edits to the language regarding eight hours holiday pay - the same language that's in Task and Longevity would be to eliminate that article. Do you want time to caucus or . . Osborn: Yeah, The Union caucused at 1:34 p.m. The meeting reconvened at 1:51 p.m. Booth: Sharyn, I guess I have a question on, with the proposal that we think we made on Longevity about freezing it. We don't understand why you think you need to fund anything. I mean I understand fund it next year and we'll be back at negotiations and stuff again next year. It's stuff that we just feel like that if you take the language out of the contract, the Longevity never happened. And we understand that may be the direction that you're trying to go at some point in time, but we don't know that we can agree at this point in time to completely take it out of the agreement for that reason. We understand that you need economic relief for a year. We understand that and stuff at least that what you going to ask (inaudible) and everything, but if you take Longevity completely out, that's long term economic relief. Goebelt: Right. Booth: And you know we're already asking employees to take some hits on some other things as well, and actually on this, we're not asking you to freeze it for a year and then come back and pay this year, next year or anything like that; just to freeze the language in the agreement for year. Goebelt: Okay. What about 20? Booth: Twenty we're okay with. Goebelt: With what? With putting in the four hours? Booth: With the four hours - Osborn: Your last proposal. Booth: Your last proposal on the four hours. Goebelt: Alright. Well let's take a five minute. Seriously five minutes. I'm not printing anything. 8 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 LaVerriere: Stay away from the computer. Goebelt: I'm not printing anything. Osborn: The last time you said 10, it was an hour. Goebelt: I know. Osborn: Are we looking at a half an hour this time? LaVerriere: We weren't gone that long were we? It wasn't that long. Laughing. Goebelt: Don't give him an opportunity to do that. The City caucused at 1:53 p.m. The meeting reconvened at 1:59 p.m. Goebel!: Okay, we're back on record. Um, we're still discussing the package with Articles 15, 20, 30 and 49. Um looking back after your counter for Article 20, Article 20.1.1. we agreed to add back, "An employee who works a minimum of four hours in the work day may be placed on standby for that day. But Article 49, we are firm. We cannot put "will be suspended". We did direction from the City Manager's office that, that's an outdated benefit and our goal is to eliminate that. We plan to eliminate it for all employees as we negotiate contracts, and we do feel it's an outdated benefit. Booth: Okay, we'll need to caucus. Goebelt: Okay. The Union caucused at 2:01 p.m. The meeting reconvened at 2:05 p.m. Goebel!: Sorry, (inaudible), quickly in effect, you'll be on the move again soon. You ready? Okay we're back for the Unions. You were caucusing regarding the package. Booth: Um, I've said earlier, we can agree to 15, the changes that were made in 15, the changes made in 20 which was the four hours. Keep the three holidays and we'll agree to eliminate Longevity. Goebel!: Okay Booth: Reluctantly Goebel!: This is, I know you, I know you have the same problem as I did, so basically just saying it's all deleted over here. Goebel!: And then we have one last package which we hope will close our deal today. It's a good one. We're down to four articles according to our records. Hopefully you agree. Mahd: Exactly. 9 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 Goebelt: Now? Unknown: (Inaudible.) Goebel!: Then I clean it all up and then, well they have to ratify it, the City Manager and their Union person has to sign it. (Inaudible). They already (inaudible) jump the gun. We're still not done. Carl, I just wrote delete and the date up there. It's giving me a hard time. Booth: Okay. Goebel!: Okay, we have one last package which we hope will close our deal today and we'll have an agreement on a tentative contract, and that package consists of. . . the four articles that remain open are 18, 36, 41 and 54. Booth: Yes. Goebelt: For Article 18 Wages, our proposal is to freeze salaries for this year. We did receive in writing from Fire today that they accepted the freeze. We have a verbal from Police. General Employee wages will be frozen. I have a memo from the City Manager to the Sun-Sentinel if you would like to see it, because they are waiting to hear - this was sent to (inaudible). Unknown: Nothing's budgeted. Goebelt: Right. I froze - this is from the City Manager. I froze my pay this year voluntarily. I also accepted a pay freeze for fiscal year 2009/2010. So basically this is the thing he sent to the reporter at the Sun Sentinel. Her name is Jennifer Golan if anyone would like to see it. It just confirms what I just said. Okay, so that would be Article 18. Osborn: I have a question about that. Goebelt: Sure. Osborn: As far as the Police, I heard that they agreed to no raises. I've heard they agreed to have their wages increased on September 30. Can you clarify that? Goebelt: Basically what they agreed to is that when they commence negotiations, cause they have a reopener there, they will be moved to the Step where they would have been. So in other words, they won't get any raises, but they're just saying when they commence negotiations, they would negotiate from where they would have been. That doesn't mean they're going to get it because they would be negotiating it. Osborn: Okay. Goebelt: And Police contract is one more year. Fire expires. Osborn: I thought it was the other way around 10 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21, 2009 Goebel!: It might be the other way around. I might have mixed that up. I can't remember. One of them expires. Osborn: I thought Police expired next year and Fire (inaudible.) Goebelt: Police expire. Fire one more year. Verbatim transcript concluded The City was firm with their language regarding Article 36, Layoffs. Article 41, Insurance, the City proposed to go back to status quo with the City paying for the insurance, that is $237,000 that the City will pay 100% of insurance for next year for employee only, and Duration, Article 54 would be for one year. The Union caucused at 2:11 p.m. The meeting reconvened at 2:29 p.m. The Union agreed to Articles, 18, 41 and 54. Article 36, the Union countered with four weeks of severance pay. The City sought clarification and the City added a new section 36.3. The Union clarified they wanted to add their proposal as Section F, and also to notify the Union two weeks ahead of time, Item B added back in. The Union would check with their attorney regarding a new labor law that would require the City to notify the Union ahead of time of the layoffs. The City would caucus on that. The City caucused at 2:31 p.m. The meeting reconvened at 2:41 p.m. The City offered a counter to the counter. The City offered Article 18, would be the wage freeze. Article 54 would be a one-year agreement. The City was willing, in Article 36 to add two weeks notice to the Union and the City would agree to the severance, contingent on the employee's paying 10% of the insurance premium in Article 41, Insurance. The Union caucused at 2:42 p.rn. The meeting reconvened at 2:45 p.m. The Union agreed to Articles 18 and 54. The Union countered with no severance and no 10%, but will take the notification to the Union. Ms. Goebelt announced she thought they had a deal. She indicated she would print up the Articles. The meeting recessed at 2:46 p.m. The meeting reconvened at 3:07 p.m. The Articles 18, Wages, Article 36, Seniority Layoff and Recall, Article 31 ,Compassionate Leave, Article 54 Duration was discussed. The City printed out Article 18. The performance evaluations will still be performed. The City felt it was important the employee receive feedback. The Seniority language was inserted as proposed regarding the two-week notice and the Union 11 Meeting Minutes SEIU Blue Collar Negotiating Session Boynton Beach, FL September 21,2009 requested being advised of lay-offs two weeks in advance. With regard to Insurance, the City indicated they had made a few changes, but they put back the language the City would pay the total medical, dental and vision premium for all bargaining unit members, but they struck the seven dollars for dental for dependents. The Duration Article had one-year duration with a reopener to accommodate some legislative enactment that effectuates a significant change before the end of the agreement. Ms. Goebelt left to add the two weeks notification to the Duration Article. The Union advised it would take approximately two weeks, with a tentative ratification date of October 6, 2009. The item would be put on the City Commission agenda on October 20, 2009. The Union agreed the City Manager could announce at the next City Commission meeting that a tentative agreement had been reached, and that Blue Collar accepted a wage freeze. Ms. Goebelt would clean up the document and email it to the members. She congratulated the team and expressed it was a tough year, but a good contract. The City would not lay anyone off, and the benefits were good. The meeting ended at 3'17 p.m. /1 o O:LfcV'JJ)UL iJ)JU.)uJ Catherine Cherry J Recording Secretary (Transcribed from one recording) 12