R02-218RESOLUTION R02 - oq I ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATWYING
A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA AND
THE NATIONAL CONFERENCE OF FIREMEN &
OILERS SE1U, AFL-CIO, CLC, LOCAL 1227 (SEIU) TO
RESOLVE/CLARIFY AN ISSUE OF DISPUTE
BETWEEN THE PARTIES; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE MEMORANDUM;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE
FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (SEIU) have
successfully resolved an issue of dispute regarding holiday pay for task based employees;
and
WHEREAS, the Memorandum was ratified by the Bargaining Unit of the
Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interests of the residents and citizens of the City to ratify this Memorandum and
authorize the City Manager to execute the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the Memorandum of Understanding between the City of Boynton Beach and
the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC,
LOCAL 1227 (SEIU), attached hereto as Exhibit "A" and authorizes the City Managerr
to execute the Memorandum.
Section 2. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this 17 day of December, 2002.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
ATTEST:
Letter of Understanding
City of Boynton Beach & NCF&O Local 1227 Blue Collar
Solid Waste Task Overtime Compensation on City Holidays
The City understands that the Blue Collar bargaining unit has expressed concem about potential
discontinuation of the past practice to compensate task based Solid Waste employees by paying at the rate
of time and one half for a full task day in addition to the pay provided employees for working on a holiday.
It is further understood that this past practice is in conflict with Article 19, Section 3 of the current Labor
Agreement. Specifically, Article 19, Section 3 of the Agreement states, "A full time employee required to
work and who actually works on an observed holiday shall receive time and one-half (1 ½) their regular
rate of pay for all hours worked in addition to that payment provided in Section 2". Attached is a copy of
the entire Article 19 of the Labor Agreement.
Because past practice differs from the language in the Labor Agreement, both the City Manager and the
Chief Steward of the Blue Collar Bargaining Unit hereby agree to continue the referenced past practice and
pay task based employees in the Solid Waste Division at the rate of time and one-half for all hours
corresponding to the regularly scheduled work hours until the expiration of the current Labor Agreement on
September 30, 2003 or until a replacement Agreement is in effect, whichever date is later.
An example of how the pay for Solid Waste task employees would work on a holiday is presented below:
Veterans Day, November 11, 2002
10 Hours Holiday pay paid at straight time per Article 19, Section 2 of the Labor Agreement, plus
10 Hours Overtime pay paid at time and one-half per past practice.
The remainder of the week will be compensated as per normal payroll preparation.
The Chief Steward further acknowledges that Article 29 and Section 4 of Article 19 of the current Labor
Agreement allows the City to schedule all work activities and, as such, the City has the right to adopt
certain weekly work schedules that consider the impact of holidays on work procedures and City
customers. It is contemplated that the City will not be providing residential sanitation services on holidays
when only one holiday occurs during the workweek after January 1, 2003. In those instances, the City will
endeavor to implement the work schedule provided for in Section 4 of Article 19 of the Labor Agreement.
City Manager
Chief Steward
Date
Date
Section 1.
unit:
ARTICLE 19
HOLIDAYS
The following holidays shall be observed for employees in the bargaining
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
In addition, the employee may take his or her birthday, with notice to their supervisor.
Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice.
If taken the birthday will be charged as a vacation day. Holidays are not cumulative or
interchangeable.
Section 2. For each observed holiday, a full-time employee shall be entitled to eight
(8) hours of pay at the employee's regular rate of pay, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10)
hours of pay. In all events, where the employee is scheduled off for the holiday, the
employee shall be paid straight time for not working that holiday. In the event that an
employee is scheduled on during a holiday, the employee shall be paid their regular rate
of pay for working the holiday (at time and one-half) and shall be paid straight time for
the holiday. Hourly rate employees must work their regular workdays immediately
before and after the holiday in order to receive pay for the holiday or be in an authorized
with pay status immediately before and after the holiday.
Section 3. A full-time employee required to work and who actually works on an
observed holiday shall receive time and one-half (1 1/2) their regular rate of pay for all
hours worked in addition to that payment provided in Section 2.
Section4. The City will make every reasonable effort to schedule Sanitation
employees assigned to the Task System off on all holidays. In this connection, the
Sanitation employees who are scheduled off may be scheduled to work on Wednesday of
the week in which the holiday falls.
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Section 5. Employees on vacation, annual military leave, jury duty, sick leave,
funeral leave, and other absences from duty, but on active pay status on the day the
holiday is observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
Section 6. Holidays falling on a Saturday shall be observed the preceding Friday.
Holidays falling on Sunday shall be observed the following Monday.
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