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Minutes 10-07-09 MINUTES OF THE WHITE COLLAR BARGAINING SESSION BETWEEN THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC AND THE CITY OF BOYNTON BEACH HELD IN THE LIBRARY, CONFERENCE ROOM A, AT 9:15 A.M. ON OCTOBER 7, 2009, BOYNTON BEACH, FLORIDA PRESENT: For the City of Boynton Beach For SEIU Sharyn Goebelt, Human Resources Director Carl Booth, SEIU Lori LaVerriere, Assistant City Manager Rob Eichorst, SEIU Marylee Coyle, Assistant Human Resources Director Skip Lewis, SEIU Tim Howard, Deputy Director, Finance Vicki Lloyd, SEIU Michael Low, Deputy Director of Utilities Operations Sharyn Goebelt, Human Resources Director, opened the bargaining session at 9:10 a.m. Self-introductions were made. The City had reviewed the TA'd (tentatively agreed to) Articles and corrected the Union's name in Article 2 which was TA'd on September 9, 2009. Article 12 had been TA'd and it had been agreed to strike the following language in 12.2.8: "The failure of immediate supervisors to document and/or take disciplinary actions…". The language had not been stricken and the City made the correction. While the City firmly agreed supervisors should be held accountable, the collective bargaining agreement did not pertain to supervisors. The Union would caucus on these issues. Ms. Goebelt pointed out 13 Articles remained open. At the last meeting comments were made and packages offered. A package offered by the City combined Articles 4, 9 and 10, "Management Rights," "Collective Bargaining," and "Union Time Pool," respectively. The City's position was to remain with the status quo for Article 4 and agreed to the Union's request to strike the following language added in 4.1.16: "To implement at the discretion of the City, any new policy City-wide." The City also agreed to the Union's request to amend Article 9, increasing the participating stewards from two to three. As such, the verbiage would read: "Nor more than three stewards or bargaining unit members may participate in collective bargaining…." The City would not agree to match hours for the Union Time Pool. The Union would caucus on these Articles. Ms. Goebelt noted there had been some confusion regarding Article 18, "Standby and Call Back Pay." Her notes indicated a verbal TA (tentative agreement) to add an 18.2, 1 Meeting Minutes SEIU White Collar Bargaining Session Boynton Beach, Florida October 7, 2009 "An employee may be assigned to or paid for standby if they work a minimum of four hours on that day and they are available. Crime Scene Technicians may be assigned to or paid for standby if they are scheduled to be on a leave status for the entire shift if they are available." In 18.5, the following language was added at the request of the Union: "Crime Scene and Community Service employees who have been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight hours of standby duty in any one 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 or Community Service employees go to court, he or she will be paid for part-time at time and one half. When not on the regular assignment, court time will be compensated at a minimum of three hours at time and one-half." The Union would caucus on this Article. Ms. Goebelt noted Article 18, "Standby and Call Back Pay," was combined in a package with Article 26, "Vacation." In Article 26, the City was firm on the emergency vacation remaining at 24 hours rather than 32 as requested by the Union. The following Articles remained open: Article 4, "Management Rights," Article 9, "Collective Bargaining," Article 10, "Union Time Pool," Article 16, "Wages," Article 18, "Standby and Call Back," Article 26, "Vacation," Article 28, "Holidays," Article 34, "Seniority and Layoff and Recall," Article 37, "Insurance," Article 40, "General Provisions," Article 45, "Longevity," and Article 52, "Duration." The Union caucused at 9:10 a.m. The bargaining session reconvened at 9:49 a.m. The Union agreed to sign off on Article 12.2.8 to strike the language pertaining to supervisors. The Union agreed to Articles 18, "Standby and Call Back Pay" and 18.5 containing the language added by the Union, together with Article 26, "Vacation," and 26.6 which allowed an employee to use emergency vacation not more than four times per year and the conversion of 90 hours of emergency cash-in to 80 hours in increments of eight hours. These Articles were presented by the City as a package. As the Union had recently learned the Union Time Pool records had not been kept up to date for the last four or five years, Mr. Booth offered a counter-proposal to include language in subparagraph 10.5 of Article 10 to provide that the City add 50 hours into the bank. The Union could then agree to strike the remainder of 10.5. Thereafter, at the time of ratification, interested members would sign up for the Time Pool. Ms. Goebelt noted she had no records of anyone donating time and as such, it would be necessary for Mr. Booth to provide any documents signed by employees to donate time. 2 Meeting Minutes SEIU White Collar Bargaining Session Boynton Beach, Florida October 7, 2009 Mr. Booth noted he would make a Public Records request to obtain timesheets for the years 2004 and 2006 as he had been advised that employees had donated time that had been taken out of their banks. Ms. Goebelt had confirmed with Payroll that all hours for Union business had been charged to Code 29 which the City had paid, and no Union Time Pool hours had been charged for four years. Further, Payroll had no forms evidencing donated time. The Union was agreeable with Articles 4 and 9 of the package. The City would discuss the Union's counter. Ms. Goebelt clarified for the record, as she had at the September 23, 2009 meeting, that a verbal TA (tentative agreement) had been reached for Article 40, "General Provisions" at the September 16, 2009 meeting. Additionally, it was mentioned at the September 23, 2009 meeting that the Union wished to make changes to the Article. The Union explained the change was requested as a result of the Union's interpretation of language contained in the Article. The City caucused at 9:56 a.m. The City reconvened at 10:25 a.m. The City agreed to status quo on Article 4, "Management Rights," agreed to three stewards in subparagraph 9.2 of Article 9, "Collective Bargaining," adding the following language: "Additional Stewards or bargaining unit members may participate in collective bargaining by utilizing Union Time Pool hours, or while off duty, or when on approved paid leave." In Article 10, "Union Time Pool," in addition to the City's proposal as verbally agreed to on September 16, 2009, the City agreed to add the following language under 10.5: "When employee donations to the Union Time Pool reach 50 hours, the City shall donate 25 hours to the Union Time Pool. There will be no further donations from the City." The City also offered another package combining Articles 28, 34 and 45, "Holidays," "Seniority and Layoff and Recall," and "Longevity Benefit," respectively. Article 28 would include the City's previous proposal. However, the three holidays stricken: President's Day, the day after Thanksgiving and Christmas Eve, would be added back. The remainder of the package would include "Seniority and Layoff and Recall" as presented, and "Longevity" deleted. The City had stopped paying longevity benefits for the managers and general employees as of October 1, 2009. The Union caucused at 10:28 a.m. The bargaining session reconvened at 10:43 a.m. 3 Meeting Minutes SEIU White Collar Bargaining Session Boynton Beach, Florida October 7, 2009 The Union agreed to the City's package for Articles 4, 9 and 10. On Article 40, the Union proposed a 25% reduction in the automobile allowance as it affected only five employees. The Union agreed to the City's proposal for Article 28 and for Article 45, the Union proposed a freeze on longevity benefits for one year. The Union requested clarification regarding Article 34, as reference was made to both a "regular" employee and a "Union" employee in the first paragraph of 34.3. In the third paragraph, beginning with the following language: "In order to minimize the disruption of the operations of the City, the order of layoff shall be in reverse order of total continuous time served in the classification and within the same department…," Mr. Booth felt that the following language: "…same classification and within the same department…" should be stricken or, in the alternative, clarification provided. Additionally, it was the Union's desire for recall and severance rights to be maintained and for the Union to be notified of layoffs. Ms. Goebelt would add the Union notification provision back into the Article. The City caucused at 10:48 a.m. The bargaining session reconvened at 11:14 a.m. The City countered as follows: ?Article 4, "Management Rights" - Status quo. ? Article 9, "Collective Bargaining" – As presented by the City, along with the added language providing for three stewards. ?Article 10, "Union Time Pool" – As presented by the City, along with the language providing for the City's donation of 25 hours to the Union Time Pool after employee donations reached 50 hours. ?Article 40, "General Provisions" – As presented by the City, and with the addition of the following language in 40.7: "Employees who are employed in the Development Department who are regularly required to use their personal vehicle for City business shall receive a $245 monthly car allowance." It would be required that employees accumulate 500 miles in one month. The City countered to Article 34 and clarified subparagraph 34.3 by substituting the phrase "bargaining unit employee" for "Union employee" in the first paragraph of subparagraph "a". In the first line of the second paragraph of subparagraph "a," the phrase "no bargaining unit employee…" was substituted for "no regular employee". The City added back the following language in subparagraph "b": "Whenever a layoff of one or more employees becomes necessary, the City Manager shall notify the Union 4 Meeting Minutes SEIU White Collar Bargaining Session Boynton Beach, Florida October 7, 2009 at least two weeks in advance of the intended action and the reasons therefore. "Classification" in subparagraph 34.3 of Article 34 was clarified to mean "job title." The City was firm on deleting severance and recall. The City would agree to Article 28, "Holidays," as presented, adding back the three holidays in 28.2 and striking 28.5. The Union caucused at 11:17 a.m. The bargaining session reconvened at 11:37 a.m. The Union was in agreement with Articles 4, 9 and 10, but countered with either an automobile allowance of $306.25 in 40.7, or a City vehicle. In the fourth line of 34.3, the Union countered with adding the word "junior" preceding "temporary or probationary employees serving in the same position…". In the fifth line of the last paragraph of 34.3, the Union countered with either adding "classification/job title" or adding "job title" in parentheses for clarification purposes. The Union objected to freezing longevity benefits. The bargaining session recessed for lunch at 11:40 a.m. The bargaining session reconvened at 1:09 p.m. The City countered as follows: Articles 4, 9 and 10 as discussed. With regard to 40.7, the City increased the automobile allowance to $275. For Article 28, the City added the word, "job title" next to "classification" in the bottom paragraph. Pursuant to the City's request, the Union clarified its request regarding the word "junior" to mean an employee who had completed his or her probationary period. A lengthy discussion ensued as to the intent of the use of the phases "job title" and "classification." The Union would offer alternative wording. The City was firm with the deletion of longevity and could not freeze the benefit pursuant to a directive of the City Manager. The Union caucused at 1:29 .pm. The bargaining session reconvened at 1:49 p.m. The Union countered and desired to remain with their previous proposal for an automobile allowance of $306.25 in 40.7. 5 Meeting Minutes SEIU White Collar Bargaining Session Boynton Beach, Florida October 7, 2009 The Union agreed to Article 28. The Union countered with adding back the language of subparagraph "c" in 34.3. The City caucused at 1:50 p.m. The bargaining session reconvened at 2:30 p.m. The City countered to the first package containing Articles 4, 9 and 10 and was willing to increase the auto allowance to $300. The City would agree to combine two Articles, 28 and 45, and would revisit the other articles originally included in the package. With regard to Article 45, the goal was for longevity to be eliminated pursuant to a clear directive. The Union and City caucused at 2:33 p.m. The bargaining session reconvened at 2:45 p.m. With regard to package #1, the Union agreed to Articles 4, 9, 10 and 40. The Union could not agree to the second package, and would not agree to a freeze on longevity. As such, longevity remained on the table. Ms. Goebelt noted the following Articles remained open: Articles 16, "Wages," 28, "Holidays" 34, "Seniority and Layoff and Recall," 37, "Insurance," 4, "Longevity," and 52, "Duration." The City caucused at 2:49 p.m. The bargaining session reconvened at 3:11 p.m. The City was prepared to present a package of all remaining Articles. Mr. Goebelt inquired as to the Union's position on wages. Mr. Booth verbally proposed a 5% th increase effective September 30 of next year. Mr. Goebelt noted Article 16 called for wages to remain at the current level for the duration of the Agreement. The City's proposal for "Holidays" was as it had been presented, with the three holidays and the language pertaining to the eight hours holiday pay added back. For "Seniority, Layoff and Recall," the City would agree to add the following paragraph: "Layoffs will be made in reverse order of seniority within the Code Compliance Division. Senior laid-off employees of Code Compliance shall be able to displace/bump junior employees who are in a lower classification which the bumping employee is eligible for, or for which he qualifies by meeting requirements as set forth in the job description. 6 Meeting Minutes SEIU White Collar Bargaining Session Boynton Beach, Florida October 7, 2009 With regard to the package for "Insurance," the City would remove from the table the requirement for members to pay for insurance, while leaving in place the language that provided for the City to pay the total medical, dental and vision care premiums for all regular employees. For "Longevity," the City was willing to add back the language that was stricken and the following language pursuant to the request of the Union: "45.5, "The foregoing benefit addressed in this Article was suspended for fiscal year 2009/2010." The question was raised by the Union as to why the City referenced only Code Compliance with regard to layoffs. The City noted it had been willing to carve out Code Compliance, and that was their offer. The Union caucused at 3:15 p.m. The bargaining session reconvened at 3:30 p.m. With regard to Article 16, the Union countered with a 5% raise effective September 30, 2010 and agreed to Article 28. With regard to Article 34, Mr. Booth requested the language be extended to all departments. The Union agreed to Article 37, but requested the elimination of the language requiring the parties to automatically appear before the City Commission. It was the Union's desire to have the option to appear before the Special Magistrate or the City Commission. The City caucused at 3:33. The bargaining session reconvened at 3:45 p.m. The parties were willing to TA (tentatively agree) on "Holidays." In "Seniority, Layoffs and Recall," the City was willing to amend the language by adding the following: "b." Layoffs will remain in reverse order of seniority within a division. Senior laid-off employees within the division will be able to displace/bump junior employees…". The Union would caucus on "Seniority, Layoffs and Recall." The City struck the language in "Duration" as requested by the Union. Articles 16, "Wages," and Article 37, "Insurance," remained open. The City would be willing to pay for the employees' insurance but was firm with wages remaining at the current level for the duration of the agreement. Ms. Goebelt noted for the record that Police and Fire agreed to a freeze of their wages for the 2009/2010 fiscal year. Memorandums of Understanding called for Police and Fire to move to their steps on th September 29. This had never been hidden and Ms. Goebelt had never been untruthful about this. Ms. Goebelt stressed she had no leeway with regard to wage increases. She could not commit to an increase for this contract year as the City had 7 Meeting Minutes SEIU White Collar Bargaining Session Boynton Beach, Florida October 7,2009 no funding. Ms. LaVerriere added the City made it clear it would be necessary to freeze wages. The issue could be revisited in a year. The Union caucused at 3:58 p.m. The bargaining session reconvened at 4:04 p.m. Mr. Booth inquired as to the status of the Career Path Program in Article 16.10. Ms. Goebelt advised the City could not implement the program this year, as it was a monetary issue. The issue could be revisited next year. Mr. Booth requested another meeting after communicating with the membership. The Union understood times were difficult and could appreciate "taking a hit" financially. However, with the approval of the Deferred Compensation donations and Memorandums of Understanding for Police and Fire, the Union did not feel at this time that everyone was "taking a hit." The next meeting was scheduled for October 14, 2009 at 9:15 at the Library or other location to be determined. The bar.g ai.n.ing sessio1}c1ude.d at 4:10 p.m. o c.k1-~. ,jt~-____ Stephai'lie D. Kahn Recording Secretary 111909 8