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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