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Minutes 09-16-09 MINUTES OF THE WHITE COLLAR MEETING BETWEEN THE SEIU FLORIDA PUBLIC SERVICES UNION, AND THE CITY OF BOYNTON BEACH HELD ON SEPTEMBER 16, 2009, AT 1:00 P.M. IN 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 Michael Low, Deputy Director of Utilities Carl Booth, SEIU Skip Lewis SEIU, PSU Vicki Lloyd, SEIU, PSU Rob Eichorst, SEIU, PSU The meeting was opened at 1 :01 p.m. Self-introductions were made. Management Rights, Article 4.1.16, the Union wanted to delete this section. Union Representation, Article 8.4. The Union added the word paid. There was discussion whether it was paid leave or Union Time Pool. Mr. Booth responded it could be either. In 9.2, it referred to collective bargaining. Ms. Goebelt clarified Management Rights, Article 4 and Article 9, Collective Bargaining, Section 9.2 specifies when there are additional stewards. Section 9.2 indicated more than two stewards may participate in collective bargaining while on duty. The City contended with 8.4, these were instances when employees use the Union Time Pool. They don't have paid leave by the City, they use the Union Time pool which is the method of payment. It was clarified by Ms. Goebelt there was no need to have the word paid there because the stewards would be paid via a different vehicle. Instead of being paid by the City, they get paid by using hours in the Union Time Pool. In the past, the wrong codes were being used when stewards were paid for bargaining. Payroll was using Code 29 for everything, instead of using any Union Time Pool Hours. The Union clarified they were asking for three stewards without using the Time Pool. Section 9.2 pertained to time and read it was "while on duty without loss of pay." There was agreement to strike the word paid. The code for Union Time Pool needed to be ascertained and then a report run detailing the hours banked. Additionally a form was used to donate to the time pool and a process needs to be put in place. The City would investigate putting a process in place. The Union agreed to the City's proposal for language in Section 8.4. Union Representation, Article 8 was resolved and could be TA'd. The City would consider the Union's counter for Article 9. Management Rights, Article 4 was still open. 1 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL September 16, 2009 Union Time Pool, Article 10. The Union wanted Section 10.5 put back in to reflect the City would match the number of Union Time Pool hours each year at 50% of the number of hours accumulated by the Union. The rest of item 10 was okay. It was pointed out if the White Collar Union Time Pool was reviewed, there would be very few hours used. The Union wanted a change to Article 12, Progressive Discipline. In Section 12.2.6., remove the words "written reprimand" and in and 1st Occurrence The Union wanted a change to Examples of Misconduct. The Union wanted to remove the words "or off the job which hinder or jeopardize the successful operation of the City. . . There was also discussion later regarding language the City struck which was Desllmentea failllfe of a slll3ervisor to perferm (Mies re€lllirea Elf sllpervisElry employees inslllsing resElmmenaiRg ana/or taking aissil3linary asliens when nesessary. Prior discussion took place that the contract was not a supervisor's contract, so to talk about a supervisor being disciplined would not be appropriate in this document. There were other avenues for supervisors being disciplined. The Union agreed to the removal of the language. There was a change in Item 3B to read "Absent without calling in to department within thirty (30) minutes before ene hOllr of shift start time." The Union agreed to the change The Union wanted to revert the original language and leave the first paragraph of Section 12.2.7 as status quo. There was a change to Serious Misconduct, Item 4B, the Union wanted to remove the words "or failure" Under Procedure for Disciplinary Actions, Section 12.3, the Union wanted to remove "written reprimands" in Section 12.3.2. The Union agreed to additional language in Section 12.3.3.3. Verbal Warning or other instructive verbal communication will not constitute discipline and an employee is not entitled to union representation when manaaement is taking such action. Verbal warnina or other instructive verbal communication may be used to establish that an employee knew or should have known that performance. work habits. and behavior is not appropriate. The City added the word Written to Section 12.4 four times. The Union agreed to the changes in Section B, which were "Written Reprimand had changes to the second paragraph to read "Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the immediate Supervisor and the management witness and forwarded to Human Resources for retention in the employee's records with a copy provided to the employee. Such signature does not constitute aareement with the contents. Employees may. . . . " The Union agreed to changes in Item C. Suspension without Pay, Item 1 "With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three (3) two (2) working days or less." The Union agreed to changes in Item 2 to read, "All other suspensions without pay beyond three (3) working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office." 2 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL September 16, 2009 Section 12.5 had changes to reflect "his/her" throuahout and a sentence added "Information gathered before. durina or after a pre-determination conference constitutes part of the City's investigation or an act of omission that can result in discipline." The Union agreed. Section 12.6.3 was added to read "Regular employees may appeal to an arbitrator a discipline greater than a suspension without pay of more than one (1) work day using the same procedure for arbitration as is set forth in Article 13, Grievance Procedures. Regular employees may not grieve a one (1) day suspension. 12.6.4 Regular employees may respond to discipline actions of suspensions with or without pay of two (2) workdays or more by requesting administrative review by the Human Resources Director. Such request shall be made within ten (1) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review." The Union agreed to the addition. Section 12.8 Disposition of Criminal Charges was added as follows: "When a City employee who is a member of the bargaining unit is arrested and charged with a felony offense, the employee shall be placed on administratiye leave without pay until final disposition of the criminal charges. An employee who is convicted of, or who pleads guilty, or no contest to a felony in conjunction with a plea negotiation shall be terminated from their employment with the City. An employee placed on administrative leave without pay under these circumstances may use accrued vacation and accrued sick time during the leave period. If found innocent, or if the State Attorney drops the charges not as a result of a plea deal, the time will be reinstated." The Union agreed to the language. Article 16, Wages, Section 16.10 was reviewed. The Union agreed to the proposal made on September 9. The Union agreed to Article 13, Grievance Procedures. The City replaced the language in Article 14, Basic Work Week and Overtime, Section14.4 as follows: "Overtime shall be offered for a specified work function on a rotating basis based on seniority to those employees who normally perform the job functions during their regular work hours." Language was also added to (sic) 14.5. The language referred to was listed as Section 14.3 which read: Employees may all be required to work additional hours as directed unless excused by supervision." Article 15, Compensatory Time was tentatively agreed on. The Union wanted to add two 15-minute breaks in Article 16, Wages. The City would consider the language. The Union also wanted to add Section 16.10, Career Path Program. The non- sworn Skill Levels I, II and III encompassed Crime Scene, Community Service Officers and Records Personnel and Dispatch. The City agreed to consider the request. Article 17, Promotions, Reclassifications, Transfers & Demotions was Tentatively Agreed on. The Union wanted the language in Article 18, Standby and Call Back Pay regarding the stand- by employees who do not work their shift be available for Call Out pay in Section 18.2. put back 3 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL September 16, 2009 in. The Union had a proposal earlier regarding call-back pay in the Police Department which was not yet responded to. Ms. Goebelt explained the language from the PBA contract was added in. It was proposed under Call Back that any non-sworn Police Department personnel has been instructed to remain on standby was in the initial proposal. The City proposed to change it to Crime Scene and CSO employees because the City recognizes they need to be on standby for court appearances. Tentative language was Crime Scene and CSO employees that have been instructed to remain on standby for court appearances during the employee's off- duty hours shall be paid one-half straight time hourly rate for each hour of stand by for a maximum of eight hours stand by duty in anyone day. A minimum payment of one-hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight hours the employee shall receive four hours plus one additional hour at straight time. If Crime Scene and CSO employees go to court, he/she will be paid for the court time at time and a half when not on their regular assignment. Court time will be compensated at a minimum of three hours at time and one-half. The proposed language will be printed for the Union's reyiew. The Union agreed to a one-year freeze on the Certification Pay in Article 20, Certification Pay. The Union agreed to the changes in Article 26 Vacation, Section 26.5.2 regarding the BO-hour cash out and the eight-hour increments. Article 20, Certification Pay was discussed further. The City pays for the books to take certification tests. An inquiry was made that if the City would pay for the books if they changed editions of the books. Ms. Goebelt responded under the Tuition Reimbursement program, the City does not pay for books. She explained if there were monies in the budget, it could happen on occasion, but it was not a guarantee. Mr. Low noted for some employees in his department needing to obtain a license, they have paid for books the first time. It was also noted sometimes the cost of the class includes the books. She noted the Article pertained to certification and books was not in the mix. The Union agreed to freeze certification pay for one year. Ms. Goebelt indicated the Union could come back for a counter. If the certification was frozen, there would be no retroactive pay. Vacation, Section 26.6 was discussed. The City was firm with 24 hours as opposed to the Union's proposal for 40 hours. The Union proposed changing the amount to 32 hours. The City would consider it when they caucused. The City did not agree to the Union's proposal for Section 26.8 regarding personnel time. Article 27, Bonus Days. The City requested two days and the Union's counter was three days. The Union proposed the status quo for Article 28, Holidays. Ms. Goebelt inquired if the Union was dropping its request for Section 28.6 which pertained to Holiday Conversion for Non-Sworn Police Department personnel. The Union would caucus on the item. The City was firm with 24 hours for Article 29, Compassionate Leave, and the Union wanted the status quo for 40 hours. The City was to bring a counter and discussed 30 hours; however, it was rejected. The City would caucus on the item. The Union added language to Article 31, Leave of Absence, for Union business. 4 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL September 16,2009 The Union would caucus for Article 34, Seniority & Layoff & Recall, Section 34.2.E regarding 24 hours and was agreeable to Section 34.2.F. Language regarding layoffs and two weeks notification to the Union was added to Section 34.3 and the Union added language back in. Examples of how the proposal would work were giyen. The Union would caucus on this item and give a counter. Article 36, Safety and Health. The Union had a change to Section 36.2 reflecting the employee may seek reimbursement of the cost of the shoes/boots from the City not to exceed $90.99 $140.00 excluding taxes. The Union was okay with the shoes. The Union wanted the status quo in Article 37, Insurance. The Union gave a new proposal on uniforms in Article 40, General Provisions. The Union would caucus on Section 40.7. The Union wanted to maintain the status quo on Article 45, Longevity Benefit. Article 52, Duration was left open. The meeting recessed to caucus at 1 :09 p.m. and would resume at 3:00 p.m. The next meeting was scheduled for September 23, 2009. The meeting reconvened at 3:04 p.m. The Articles that were tentatively agreed on were: Article 8, Union Representaiton. A correction was made to Section 8.3 which was regarding time pertaining to grievances. Article 13, Grievance Procedures was T.A'd. Article 14, Basic Work Week and Overtime was T.A.'d. Changes were made as requested by the Union. Section 14.2 had language added indicating the employees will receive two 15 minute paid breaks each day. 14.3 indicates abuse of break time is grounds for progressive discipline and the numbering scheme was adjusted due to the additions. Article 18, Standby and Call Back Pay was reviewed. The City was willing to T.A. subject to adding the following language: "Crime Scene and CSO employees who have been instructed to remain on standby for court appearances" and the City would add: "An employee may be on standby if they work a minimum of four hours on that day. The City initially struck: employee shall receive one hour's pay at the overtime rate for each day or portion thereof that he/she is assigned stand by. . .. but it was left in. Previously if you were off you could not be on standby at all. Now the City felt if an employee comes into work and has to leave, but they were still available, it would be allowed. The City's position was if an employee was on vacation, then the employee was only on vacation and would not be on call. If an employee is off the entire day, they are entitled to be off the entire day. The Union would consider the item. The City proposed to form a lump package while making concessions which were: 5 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL September 16, 2009 Article 4, Management Rights. The City agreed to strike "to implement at the discretion of the City. ." which basically maintained the status quo. Article 9, Collective Bargaining, the City would add three stewards instead of two at the table on City time. Article 1 0, Union Time Pool. The City agreed with all changes regarding the Union Time Pool except Section 10.5 for a 50% match. The City was not in a position to match it. Article 12, Progressive Discipline. The City agreed to remove the word written. There would be administrative review in Section 12.2.6, and was firm regarding the language in 12.2.7 regarding prior discipline. Under Misconduct, the City agreed to strike off the job. The City agreed to take out the supervisor language and in Item 3.b., the City agreed to delete the word failure. Item 12.4.2 the City agreed to remove the word written reprimands. Item 12.4.3.3. was already agreed to. Ms. Goebelt clarified they used written counsel. The City was firm with leaving 12.7.3, which the Union agreed to on September 9,2009. The Union was agreeable to Section 12.2. The Certification Pay, Article 20, had the language about the $500 remaining. Language was added indicating the foregoing benefit in this Article is suspended for fiscal year 2009-2010. The City as willing to TA on the article. The Union caucused at 3:15 p.m. The meeting reconvened at 3:42 p.m. The Union agreed to Article 4 to maintain the status quo. The Union agreed to Article 9 for the three stewards. The Union wanted a copy of the Union Time Pool as it was currently for Article 10. They would like an idea where they were at before they took further action. Article 12, Progressive Discipline. The Union was okay with except for 12.2.7. Their counter language was the City wants to be able to review files. Their counter was anything past two years times be used for reference purposes only. The Union would provide language for the next meeting. Article 18, Standby and Call Back Pay. The Union understood the four-hour deal. The Police Department covers 7 days with four people. The standby on-call issue for non-working individuals came down to some days there were two individuals working and still allowed an individual to be off for good reason, which could be the on call person. Ms. Goebelt explained that was an operational issue. She agreed to speak further on it. It was thought the department has not been abiding by the contract and it primarily pertained to the crime scene. The change would be for the betterment of the department. The City agreed to talk to the Chief about it. This would only pertain to Crime Scene personnel for Section 18.1.2. The City agreed to the Union changes in Article 40, General Provisions, regarding 40.1. The City would agree to the Unions proposal regarding Uniforms if the Union agreed to the City's 6 Meeting Minutes SEIU White Collar Negotiating Session Boynton Beach, FL September 16, 2009 proposal on 40.7 regarding mileage vs. car allowance. There was a verbal agreement among the parties. The meeting closed at 3:51 p.m. (lcuWu.rxL QM;ulli Catherine Cherry 0 Recording Secretary 7