Minutes 09-02-10
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 PLANNING DEPARTMENT CONFERENCE ROOM, AT 9:00 A.M.
ON SEPTEMBER 2, 2010, BOYNTON BEACH, FLORIDA
PRESENT:
For the City of Boynton Beach:
For SEIU:
Sharyn Goebelt, Human Resources Director
Lori LaVerriere, Assistant City Manager
Tim Howard, Deputy Director, Finance
Carl Booth, SEIU
Rob Eichorst, SEIU
Skip Lewis, SEIU
Sharyn Goebelt, Human Resources Director, opened the bargaining session at 9: 16
a.m. and explained they would discuss the City's proposal for articles they were
interested in changing. Self-introductions were made.
Article 14. Basic Work Week and Overtime
Ms. Goebelt read the addition of 14.1.A. Reduction in Scheduled Work Week and
Compensation. The City proposed "Each employee in the Bargaining Unit shall have
his/her hours of work reduced by 80 hours in each fiscal year that this agreement is in
effect. There shall be a corresponding reduction in compensation. Eight hours do not
count as hours actually worked for overtime calculation purposes. Scheduling of time
off of this Article shall be at the discretion of the City Administration." The City also
struck language about paying back any benefit levels and that it would be recouped by
the City by payroll adjustment.
Ms. Goebelt explained she had additional information regarding the Article and it was
the same proposal put on the table for the Blue Collar Union. There was a budget
workshop and there was a lot of discussion regarding furlough days. The decision was
not made at this point, but the consensus of the Commission was to have furlough days.
There were many different options on the table, none of which were finalized.
One discussion held was to close City Hall between Christmas and New Year's Day.
The City also discussed giving unpaid days prior to holidays, i.e. Thanksgiving,
Christmas and New Year's Eve. The City Commission was leaning towards 40 hours.
They were also considering determining who makes what amount of money and
possibly giving three holidays and for individuals earning over x amount of dollars, two
additional holidays. It was clarified the holidays were actually furlough days.
1
Meeting Minutes
SEIU White Collar Negotiations
Boynton Beach, FL
September 2, 2010
Mr. Lewis understood the discussion was three furlough days and inquired if the
proposal extended to Police and Fire. He suggested having vacation days instead of
furlough days, but it was explained that could not be done because vacation days are
paid. Mr. Lewis pointed out Fire and Police have more shifts, as they work around the
clock, and there would be savings there. He also expressed the white-collar workers
agreed they want to be treated equally. Furloughs must be across the board, otherwise
it was discriminatory. It was noted there are sworn and civilian employees in both
Police and Fire. Ms. Goebelt commented at this point, they do not have signed MOUs
with Fire and Police. Lori LaVerriere, Assistant City Manager, indicated in Riviera
Beach, firefighters were furloughed and in order to cover the gap, others were given
overtime. The firefighters love it.
Ms. Goebelt sought suggestions regarding ways furlough days should be treated and
inquired if that occurred, if workers wanted them to be structured, spread out, or treated
as a holiday. Forty hours could be broken up over 40 weeks, one hour a week. One
suggestion made was to have a furlough bank with the approval of the supervisors and
there was brief discussion about exempt employees and the Fair Labor Standards Act.
For exempt employees who are salaried, the suggestion would put them in a non-
exempt status. Ms. Goebelt did not know how many white-collar workers were exempt.
If treating furloughs as holidays, it could be left to the discretion of the department which
five holidays employees would not be paid for. Mr. Booth pointed out employees may
not want to take both Christmas and New Years. The City has 11 holidays and many
employees may want to take an additional day off around one of them.
Ms. Goebelt clarified with the schedule of four 10-hour days, time off would be leave
hours. The City wanted monetary relief. Wilton Manor conducted an employee survey.
The employees there were also on four 1 O-hour days and they closed City Hall one hour
early every Thursday. If employees took an hour a week, the City Commission would
have to approve it.
Comp time was considered the same as overtime and dialogue about subtracting 40
hours pay from the annual salary and dividing it by 26 pay periods followed. Mr. Lewis
responded it was a 1.5% cut, which would then have to be negotiated back in. Ms.
Goebelt pointed out then it would be a wage increase and the perception of the public
was white-collar employees were getting a raise. After further discussion, it was
determined the white-collar employees were not interested in that option
Mr. Booth inquired if the Commission would treat one group differently than another.
Ms. LaVerriere pointed out Broward County has a form and each time a furlough day
comes, the employee signed the form. Ms. Goebelt commented Attorney Cherof
advised doing so was not allowable. What was on the table was 40 hours in 40 weeks.
The budget was proposed with 80 hours, but no decision was made.
2
Meeting Minutes
SEIU White Collar Negotiations
Boynton Beach, FL
September 2,2010
Discussion returned to taking the day off before a holiday. Ms. Goebelt commented the
Personnel Policy Manual would have to be amended because it currently reads one
must be in a paid status the day before a holiday in order to be paid. It was suggested it
be a scheduled day.
Article 20. Certification Pay.
The City proposed to suspend Certification Pay for fiscal year 2010-2011. An inquiry
was made about how much the City paid for certifications last year. Mr. Eichorst
suggested the employee could wait until the provision was reinstated to receive the
payment. Ms. Goebelt explained staff had compiled a list of certifications eligible to be
paid for which was approved through labor management. Mr. Booth suggested pulling
the records for the year before.
Tuition reimbursement was removed from the contract last year. It was included in the
Administrative Policy Manual and nothing was changed. It was not finalized on the
Commission's wish list.
Article 26. Vacation
The only change was payroll requested a change to Emergency Pay, Section 26.5.3, to
read the pay could only be requested once each fiscal year because it was inconsistent
with everything else in the agreement.
Article 30, Military Leave
Ms. Goebelt explained Florida Statute 115.07 was amended. The change was to
conform the agreement to the Statute.
Article 34. Seniority. Layoff and Recall
The City needed clarification on this item and it was decided the parties would discuss it
after the break.
Article 37. Insurance
Ms. Goebelt explained this conversation was held by the City Commission. The City
proposed to pay 90% of the medical, dental and vision premiums and the employee will
pay 10% of the premiums. The City also proposed to strike "If the cost for insurance
goes higher than 15% during any fiscal year, they open the Article."
Article 45. Lonqevity
The City proposed to suspend this article for fiscal year 2010-2011.
3
Meeting Minutes
SEIU White Collar Negotiations
Boynton Beach, FL
September 2, 2010
Article 52. Duration
This would be a one-year agreement.
Ms. Goebelt explained it was unfortunate the City cannot offer these items. She advised
the City Manager and Commission were doing all they could and were worried about
the future. The City has nothing to put on the table monetarily, but they do appreciate
the employees and the Union members. There is an ongoing economic and budget
crisis and the City anticipated it would be worse next year.
The Union caucused at 9:33 p.m.
The meeting reconvened at 10: 12
Mr. Booth had questions regarding furlough time to ask the City Commission. He
inquired how the City would address employees working in 24-hour, seven-days a week
on-call schedules. He inquired if the City would pay someone overtime for the same
position if a gap arose. He also inquired how the City would save money if they wind up
having to pay overtime because then it was not a money saving measure for the City. It
created more questions. Overall, it may be a cost savings. He noted Riviera Beach Fire
and Police had less of an overtime budget, so far. Discussion followed in order to avoid
overtime, shifts had to be closely managed by the department head.
It was known Mayor Rodriguez did not want furlough days. His concern was employees
taking vacation time. Employees are going to take furloughs and then vacation and the
City would lose productivity.
Mr. Booth explained West Palm Beach was going to establish essential versus non-
essential personnel who would be subject to furloughs. That agreement was turned
down because the employees did not think it was fair if it only affected some.
Ms. Goebelt acknowledged items had to be addressed, but the City was still in a
financial crisis and concessions had to be made. Each issue would have to be
reviewed and managed.
Discussion ensued that alot of overtime is accumulated in salaries. Ms. Goebelt
explained a list of employees making $100,000 or more was reviewed. Union
representatives contended some overtime was excessive. Ms. Goebelt noted when
employees take overtime they are working and they earn that money. It was in the
contract and the City was adhering to collective bargaining agreements.
It was also noted 10-hour employees receive eight hours holiday pay and take two
vacation hours. That would not be allowed with the furlough days. Ms. Goebelt wrote
the draft policy as 40 hours. The City was trying to avoid having to payout the money.
4
Meeting Minutes
SEIU White Collar Negotiations
Boynton Beach, FL
September 2, 2010
Mr. Booth indicated the Union could not agree to anything until the City Commission
made a decision about furloughs. Ms. Goebelt responded the City Commission would
discuss it at Tuesday's meeting.
The next meeting was set for September 22, 2010 at 2 p.m. in Conference Room B.
Ms. Goebelt thanked all for attending the meeting. The meeting was closed at 10:32
a.m.
(JMJJUI~(J4JvuJ/
Catherine Cherry !
Recording Secretary
0151611
5