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Minutes 08-26-09 MINUTES OF THE WHITE COLLAR MEETING BETWEEN THE SEIU FLORIDA PUBLIC SERVICES UNION, AND THE CITY OF BOYNTON BEACH HELD ON WEDNESDAY, AUGUST 26,2009, AT 9:08 P.M. CONFERENCE ROOM B, 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 Carl Booth, SEIU Skip Lewis SEIU, PSU Vicki Lloyd, SEIU, PSU Rob Eichorst, SEIU, PSU The meeting was opened at 9:08 a.m. Self-introductions were made. The parties had previously met and exchanged proposals. The City requested the Union respond to the City's proposal presented to them on July 27, 2009. Mr. Booth preferred to go through the City's proposal and then go to the Union's proposal in the same manner. Ms. Goebelt agreed and it was agreed they would start with the Union's proposal. Article 1 Preamble would have name changes. The Union agreed to provide the language to SEIU Service Employees International Union/SEIU - FESU. Article 13, Grievance Procedures was discussed. The Union liked the concept of a mediation step prior to arbitration. If they needed to go further, he would supply language. Mediation was non-binding, and it has been done in other agreements. If FMCS was used, there was no cost. It was not an arbitration cost. Mr. Booth had language to that effect. The City felt mediation was time consuming, adding another level of cost and it was non- binding. The City was not interested. Ms. Goebelt explained she wanted to start with the Union's response to the City's proposal. The Union agreed. They would go article by article. Article 1, Preamble. The City put additional language in and would add in the language the Union agreed to provide regarding the Union name change. Article 3. The Union agreed to the additional language provided by the City. Article 4, Management Rights. The Union did not agree with the addition of 4.1.16. Article 6, Non-Discrimination. The Union agreed to the deletion of Section 6.3. Article 8, Union Representation. The City wanted to delete the word paid, as it pertained to the Union Stewards' leave to engage in collective bargaining. The Union wanted to leave it in. 1 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL August 26, 2009 Section 8.4, the Union wanted to add the word paid to the first sentence. It was clarified the intent of new language reading Stewards may be released without payor they may use accrued vacation time. . . was intended only if there was no Union time pool. Ms. Goebelt expounded and indicated it depended on the scenario. The Union would caucus on this language. Article 9, Collective Bargaining. The Union would accept the language in Section 9.2 with the change from two stewards to three stewards. The City would caucus. Article 10, Union Time Pool. The Union agreed to the change in Section 10.3. The Union wanted to retain Section 10.5. Article 11, Bulletin Boards would have references to Local 1227 changed. The City agreed to update the reference. Article 12, Progressive Discipline. The Union wanted to leave Section 12.2.6 as it was. The Union did not agree to the changes in Section 12.2.7 and leave it as it was. In the Section Misconduct, the Union did not agree to the additional language. The Union agreed to the language in Section 3.b. The Union did not agree to item 4b the way it was written. There could be further discussion, but it was too broad. The Union agreed to provide language. There was discussion regarding the Serious Misconduct definition of Written Counseling or Suspension without pay. The City agreed to provide a definition. The City uses a Just Cause process and the totality of the factors and seriousness of the offense. All is taken into consideration including past discipline for similar offenses. The City needs flexibility, and these were guidelines, not cut in stone. It depended much on the situation, the employees' longevity, past evaluations and the big picture. It cannot be clear cut, it depended on the circumstances. The Union expressed having just written Reprimand for the First Occurrence would be more appropriate, saving the Suspension without Pay for the second occurrence. Ms. Goebelt explained it depended on how serious the offense was. They were guidelines. Discussion followed if removing the words Written Reprimand from First Occurrence, leaving only the word Suspension would indicate the seriousness of the infraction. Ms. Goebelt explained they don't want to have to suspend. There should be options. They have meetings, Predetermination hearings, and administrative review. The totality of factors should be reviewed and if only the word suspension was there, it was automatic. The length of the suspension without pay with just cause was contingent on all the factors. The document was a guideline for the supervisor. Ms. Goebelt explained it was a guideline for the City. Supervisors receive guidance from Human Resources. They were trying to develop the supervisors and give advice to ensure the action was fair. The Union wanted the First Occurrence, with no history, to indicate only Written Reprimand. The City wants to ensure the punishment fits the crime. They look for consistency and fairness. The employee needs the opportunity to present their side. The Union had Written Reprimand marked out in Section 12.4.2. Ms. Goebelt agreed to provide a definition of counseling. Counseling was to correct a behavior and did not have to be considered negative, rather it could be for training and a development tool. The goal is not to be punitive. The Union wanted to keep the words verbal and written counseling, but not written reprimand. The City would need to caucus. Section 12.3.3 had language added regarding Verbal Warning. The Union would caucus on the language. 2 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL August 26, 2009 The Union was agreeable to the addition of the word Written in Section 12.5.1. Item 12. C.1. The Union was agreeable with the reduction in days regarding suspensions without pay. The City wanted to delete language. The provision indicated the City Manager would get involved if it was beyond three working days. All suspensions will be finalized without pay unless something was worked out and agreed to by the manager. Ms. Goebelt pointed out suspension does not just occur. There was a just cause process. It was noted the Police Department had a varying policy. Ms. Goebelt noted the White Collar employees had to abide by the contract. Employees were able to use their vacation time. It was thought that would be an issue at the Police Department because their supervisors are sworn officers who go by the Police Department Policy. Ms. Goebelt explained Police Discipline goes through Human Resources when it goes through White Collar. Ms. Goebelt agreed to discuss the matter with the Chief. Supervisors have received copies of the contract and have received training. Ms. Goebelt would bring back information. The Union may offer a counter proposal. The Union was also agreeable to the language addition in Section 12.5.B regarding signatures. Section 12.5.E.3 corrected a reference from Article 10 to Article 13 as it pertained to grievance and arbitration provided for in the agreement. The Union was agreeable to the changes in Section 12.6. which had to do with correcting scriveners errors, and the additional language. The Union was agreeable to the additional language in Section 12.7.3. and clarification language in Section 12.7.4. Section 12.9 was discussed. The language was in the last Blue Collar Agreement. Ms. Goebelt agreed to bring back clarifying language for the next meeting. This section pertained to Disposition of Criminal Charges and the leave status of the employee as it pertained to it being paid or unpaid. The City asserted employees were put on unpaid leave and could use vacation time during the pendency of the action. The Union inquired what the status was if the employee had no accrued time. If the employee was reinstated, Ms. Goebelt would check to see whether they would be paid back for the time they were off. She was aware the employee's time would be reinstated, but she was unsure if it referred to financial. The employee was not suspended, rather they were on an unpaid approved leave. The Union's position was the employee should be paid. It was noted employees on leave purchase their insurance. If the charges are dropped, there was an inquiry about the cost. Ms. Goebelt would check with the Legal Department. Article 13 Grievance Procedures was discussed. Counseling and performance evaluations were still ongoing. The evaluations were a tool to develop employees and provide them with feedback. Counseling was more of a developmental tool. The City indicated those cannot be grieved. The City had arbitration of evaluations, and because of the arbitration, the performance evaluations and counseling cannot be grieved. No new wording was used in relation to past contracts. Ms. Goebelt explained that would be discussed with the City Team. Feedback was important to help an employee succeed. The process memorializes their progress twice a year.. It is a vehicle for the employee to make comments or rebuttals. The Union requested, by whatever means possible, the City should remind supervisors to have ongoing communication so that evaluations would not be a surprise. 3 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL August 26, 2009 Section 13.4 was a process in place with the Blue Collar, which was working well. The Union was agreeable to the process. Section 13.4.1 had language added by the City and then struck through. The City would review that section further. The Union agreed to the language in Section 13.4.1.d., f. and g. It was noted the City did not believe the line through the letters a, band c did not belong there. Section 13.4.h. The Union would provide language. There was discussion regarding scheduling a meeting as contained in Section 13.4.1. It references five business days and it was only a portion of the process and language under Item h. The Union would bring back language on the timeline. The Union suggested the Union and City meet when they were getting ready to submit information so there would be no surprises. The Union would develop language and suggested the City develop language as well for Section 13.5. Section 13.8. With City Hall being closed on Fridays, there was a question whether Friday would still apply. Ms. Goebelt explained they would talk about it. Article 14, Basic Work Week and Overtime was discussed. Section 14.4, was discussed regarding how it would work among clerical staff and whether a rotating basis was applicable to everyone or whether the language should be changed. After discussion the Union agreed to the wording. There was discussion on the Union's proposal regarding lunch. The City was fine with a half hour or hour lunch, but they had an issue of declining lunch due to a coverage issue. Mr. Lewis left the meeting at 10:11 a.m. There needed to be some flexibility. They cannot allow everyone to decline lunch since the needs of the department had to be considered. It should be at the discretion of the department and it was contained on the compressed work week. The City was flexible with the employees. The Union would caucus. Mr. Lewis returned to the meeting at 10:14 a.m. The parties decided to take a short break at 10:14 a.m. The meeting reconvened at 10:28 a.m Article 15 Compensatory Time was fine. Article 16, Wages was discussed. Ms. Goebelt brought an article from the Palm Beach Post indicating over a million individuals were unemployed in Florida. The City's goal was to keep employees in place. In order to do that they would need some concessions from the Union. Some municipalities took a pay cut and out of 67 counties in Florida, Palm Beach was 28th with an 11.3% unemployment rate. She gave statistics from other trades and areas. 4 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL August 26, 2009 The Union explained what was alluded to was in the past, but they were negotiating for the future and Boynton was in different situations. Boynton Beach lost one of the highest valuations in property in the state, suffering about the 3rd highest loss. This was discussed at the previous session where four models were proposed to the City Commission. The first model included pay cuts if they kept the current tax rate. The Budget was not finalized and would have a public hearing on September 14, 2009 and September 22, 2009. There was a tentative proposal to increase the millage to 7.3. Even with the increase, there were no wage increases budgeted for any employee in the City of Boynton Beach. That includes Police, Fire, Public Safety, all general employees. It included many other reductions, some holidays, longevity, telephone, out of state travel and other items. There is no money to put on the table for increases. The Union indicated they would be in agreement with no wage increase across the Board for everybody else. Ms. Goebelt indicated she sat in both Police and Fire sessions. They opened the Wages, and they put on the table for them a pay cut at the last session. There were other concessions made including take home vehicles, their longevity bonus, holidays, etc. Mr. Lewis indicated individuals were calling in about all the take home vehicles, car allowances and pension, that they are still being allowed. It is the higher paid people that are being allowed. The City responded that was being looked at. The Union countered they were employees paid higher wages. It should be taken all away. Ms. Goebelt explained those items were negotiated at hire. They would be cut if you take some of their allowances away. The Union countered they were not taking an hourly pay cut. Ms. Goebelt explained they were looking at cutting cell phone allowances, paying additional monies to the City for take home vehicles, longevity bonuses being eliminated and others. The Union asserted that should be taken into consideration before they negotiate wages. The City explained it was all in there, which would give a balanced budget. All employees received a letter from the City Manager explaining the situation. The budget was also available on line. The city would have to hit the reserves for the next two to three years at two to three million dollars and then they would be out of reserves. Ms. Goebelt wanted it on record about the dire financial situation of the City. She explained it was thought next year would be no better. The City discussed the Career Path and indicated they need more clarification. Specifically, the City wanted to know what courses were being referred to, and who would pay the bill. Training is provided to Communications and Crime Scene Personnel currently, but the City was not locked into a specific number of hours. Chief Immler had indicated they train to maintain their FDLE recertification and CFA Accreditation but they were not locked into a specific number of hours. The City requested the Union specify what courses they are referring to, who would pay, if they were during City hours. The City would entertain it and added they wanted the final decision to be at the discretion of the Chief. Article 18, Standby and Call Back Pay was discussed. The Union wanted to leave the article status quo. The City used the Unions language for Police personnel. Ms. Gobelt said there was no money to support it. The issue was an economic issue. Mr. Eichorst explained it was funded for sworn police officers. Ms. Goebelt explained they were looking at a new budget year. She checked with the Chief and he had no issue with it. The City's position was it cannot support it at this time. Section 18.2 The Union explained if Mr. Eichorst was on call from Friday through Thursday and he took off on Wednesday, he was still available for on-call and was still subject to being called out. The Union wanted to add language clarifying they were available to be on-call, they should 5 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL August 26, 2009 still be afforded the stand-by pay. The City requested the Union create language. The previously deleted language could remain. An inquiry was made about court time. The City explained there was a policy for it. Any money received has to be turned over to the City. The mileage is kept. Ms. Goebelt will provide clarification. She understood Mr. Eichorst's position about call back pay but the City was not in a position to fund it. Article 19, Emergency Pay Policy. Ms. Goebelt explained there is an emergency ordinance in place that went through two public hearings before being approved. When they opened the contract, they preferred to refer to the current ordinance. All employees would be treated the same and it made no sense to keep it in the agreement. The article pertained to declared major emergencies. If the ordinance gets updated, employees would not be held to the antiquated article. Article 20 Certification Pay. The Union felt the article should remain as it was not an economic burden. Some individuals were getting certified. Article 21, Employees Assigned to Training Duties. After discussion, the union agreed with the article as written. Article 22, Working in a Higher Class. The City requested clarification of the intent of Section 22.2. The City agreed to strike Section 22.2. It pertained to training purposes, but could also pertain to employee's learning a new higher classified position. It was clarified a memo was needed. The Union explained if an employee wanted to move to a higher classification, and they were being trained, they would not receive 5% while training. It was agreed the language "whichever is greater" would be struck. The Union was agreeable to the deletion. Article 23, Sick Leave. The City inserted language in Section 23.1, which would give the employees more time to call in. Section 23.2 had an hours change to be commensurate with the four 10 hour days. The Union was agreeable to the above two changes. There was confusion regarding Section 23.3. Ms. Goebelt clarifyied employees could cash in sick leave at 50% upon termination. If the employee had over 1040 hours, and the sick leave goes to personal leave, that can count as a full vacation day. This topic was discussed in the Blue Collar Labor Management. It was a clarification. Personal leave had the same cash out as sick leave; however, anything over 1040 hours could be used as vacation. A new tracking mechanism was put in place to track these hours in payroll. The Union was agreeable to the change. Article 26, Vacation. There was only clarification language. Section 26.5.1 was changed from 90 hours to 80 hours and in increments of eight hours. The Unions proposed language for Section 26.8 pertained to non-sworn Police personnel. The City was not agreeable to the Union's proposal. The Union noted Blue Collar requested 40 hours instead of 24 hours in Section 26.6. The City agreed to consider the request. It was noted the section referenced Article 25.1 when it should reference Section 23.1. Ms. Goebelt will check that. Article 27, Bonus Days. The changes included changing days to hours twice a year instead of four times per year. The Union requested the status quo. The change to eight hours was acceptable to the Union. 6 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL August 26, 2009 Article 28, Holidays. The Union requested the status quo. Ms. Goebelt indicated in order to balance the budget, the number of holidays would be reduced. The amount saved was about $47,000. The overtime cost is reduced, which was where the savings came in. It was noted if there had to be any concessions, the holidays the Union did not want to give up were the day after Thanksgiving and Christmas Eve. The Union proposed to accept the first two bullets listed in section 28.2, but not the third. There was discussion the hours should be 10 hours instead of eight because it was a fairness issue. Ms. Goebelt explained the City needed to be consistent and the City cannot afford to pay for 10-hour days. By doing so, it saves the City $150,000. She reported the Police were changed and they want to change the agreement to eight hours. This article would be discussed further. The Holidays on the table were Presidents Day, the day after Thanksgiving and Christmas Eve. The Union was okay with 28.2. The Union had a proposal for Section 28.6. The City indicated when a City holiday falls on an employee's scheduled workday, employees receive eight hours holiday pay at straight time. Section 28.3 should be stricken. Section 28.3.A was discussed. With the compressed work week and collateral documents, some of the options were already presented there. After much discussion, the City would email the information to the Union and the Union would discuss it. Article 29, Compassionate Leave. The City proposed to change the wording from three consecutive days to 24 consecutive work hours. The Union wanted 40 hours for out-of-state leave. Article 30, Military Leave. The City wanted the employee to keep in touch with the City to ensure they had their active orders Article 31. Leave of Absence. The City wanted more classification. The Union agreed to provide language for the City to consider. Article 33, Jury Duty. The City wanted clarification and changed days to hours. Article 34, Seniority & Layoff & Recall. The Union inquired about Section 34.2.E regarding what happened to the 10 hour and 12 hour employees. Ms. Goebelt would review the section. Section 34.1 The Union inquired about seniority by department and position. This pertained to employees transferring to departments. Seniority encompassed many things. The Union would caucus about recall rights. Article 35, Recruitment and Selection. The City indicated this article needed to be removed from the agreement. There were collateral documents and it was in the Personnel Policy and Procedures. The Union was in agreement with its removal. Article 36, Safety and Health. The Union would review this article. The City proposed additional language regarding screening and disability. The City was already providing the services requested in the Union's proposal. This would pertain to Crime Scene, Code Enforcement and Animal Control, and Crime Service Officers. Ms. Goebelt would run it by Risk Management. Article 37, Insurance. The Union wanted to keep the article status quo and keep the language that was previously crossed out. 7 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL August 26, 2009 Article 39, Tuition Assistance Program. The Union wanted to keep the article status quo. The City indicated they have an Administrative Policy Manual that pertains to all employees. Ms. Goebelt explained the City has no extra money. They do not want to contribute to the downturn in the economy. They publish a new rate sheet. She indicated everything is the same as it is in the Administrative Policy Manual. Article 40, General Provisions. The Union would provide a counter proposal to the City. Article 43, Substance Abuse. The City preferred to refer to the City's current ordinance. It applies to all city employees. Article 45, Longevity Benefit. The Union prefers the status quo. Articles 46, 47 and 48 had no changes. Articles 49 and 50 the Union was fine with the Articles. Article 52, Duration was left open. The next meeting date was set for September 9,2009 from 10:00 a.m. to 3:00 p.m. with lunch. Another meeting date was set for September 16, 2009 from 1 :00 p.m. to 4:00 p.m. The meeting closed at 12: 13 p.m. ~~~~~ GkAJ11-( Recording Secretary 8