R15-107 RESOLUTION R15 -107
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND RATIFYING A MEMORANDUM
OF UNDERSTANDING AND GRIEVANCE SETTLEMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION (LIEUTENANTS, SERGEANTS
• AND OFFICERS AND DETECTIVES) REGARDING ARTICLE 19
11 — HOLIDAY PAY; AND PROVIDING AN EFFECTIVE DATE.
1.
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
1- Benevolent Association (Lieutenants, Sergeants and Officers and Detectives) have entered
1 • into a Collective Bargaining Agreement for the term ending September 30, 2016; and
1: WHEREAS, on July 22, 2015 the PBA filed Grievances for each unit regarding
1 Article 19 — Holiday Pay; and
1: WHEREAS, the City and the PBA have reached an agreement to resolve the
1 • pending Grievances be restating Article 19 — Holiday Pay according to the new language set
21 forth in the Memorandum of Understanding; and
2 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
2 the best interests of the residents and citizens of the City to approve and ratify this
2 Memorandum of Understanding;
2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2'
2; OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
2: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
2 • ratified and confirmed by the City Commission.
3. Section 2. The City Commission of the City of Boynton Beach, Florida does
3 hereby approve and ratify the Memorandum of Understanding and Grievance Settlement
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32 Agreement between the City of Boynton Beach and the Palm Beach County Police
33 Benevolent Association (Lieutenants, Sergeants and Officers and Detectives) regarding
34 Article 19 — Holiday Pay for the respective Collective Bargaining Agreements with terms
35 ending September 30, 2016, a copy of the Memorandum of Understanding is attached
3E hereto and made a part hereof.
37 Section 3. This Resolution will become effective immediately upon passage.
38 PASSED AND ADOPTED this 3 day of September, 2015.
3S CITY OF BOYNTON BEACH, FLORIDA
4C
41 YES NO
42
43 Mayor — Jerry Taylor
44
45 Vice Mayor — Joe Casello ✓
4E
4; Commissioner — David T. Merker
48
4S Commissioner — Mack McCray ✓
5C
51 Commissioner — Michael M. Fitzpatrick
52
53
54 VOTE LI— 0
55
5E ATTEST:
57
58 {--
5S • R-Ctki .l.l
6C Oft M. Prainito, MMC G‘-s Y o 61 ty Clerk
62
63
64 O U
65 (Corporate Seal)
6E !ti T a N
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MEMORANDUM OF UNDERSTANDING
AND
GRIEVANCE SETTLEMENT AGREEMENT
The Memorandum of Understanding` Agreement is entered into between the City Boynton
Beach Florida ("City") and the Palm Beach County Police Benevolent Association ("FBA"). The
effective date is the date last signed by the parties.
Whereas, the City and PBA are parties to a Collective Bargaining Agreement for the term that
ends 9/30/16: and
Whereas, 2�
1'4 dated Jul _� 2015 regarding Articlt, 19, Holidays; and s•
hereas, the PBA tiled a Grievance da ed y g b y ,
Whereas, the City and PBA have reached an agreement through the grievance review process
which resolves the pending grievance and provides clarification of holiday pay benefits by
restatement of Article 19 as hereinafter set forth.
NOW THEREFORE THE CITY AND UNION AGREE:
1. The foregoing Whereas clauses are true and correct.
2. Article 19, Holidays is deleted in its entity and replaced with the following new language:
ARTICLE 19
HOLIDAY PAY
Section 1. Bargaining Unit Members will receive holiday Pay in the following manner:
A. The second paycheck in October, members will receive 90 hours straight time
Holiday Pay at current rate of pay on check date. This payment is for the
following holidays:
o Veterans' Day
o 'Thanksgiving Day
o Day After Thanksgiving
o Christmas Eve
o Christmas Day
o New Year's Day
B. The second paycheck in January. members will receive 75 hours straight time
Holiday Pay at current rate of pay on check date. This payment is for the
following holidays:
00090327.1 3ai n- 0503160
o Martin Luther King, Jr. Day
o Presidents' Day
o Memorial Day
o Independence Day
o Labor Day
Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to
receive the Holiday Pay in Section 1.
Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which
they were paid but were not employed on date of holiday. This payment will be deducted
from the member's final pad cheek at the hourly rate at which the holiday was paid.
Section 4. New 1 -lires will receive Holiday Pay on a pro -rated basis on the first paycheck of the
month following date of hire. The proration will be calculated as follows:
A. if hired between October 1st and January 1st, (s)he will receive Holiday Pay for
only the holidays in Section I A that occurred while (s)he was actively employed.
13. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay
for only the holidays in Section 113 that occurred while (s)he was actively
employed.
Section 5. There is no additional pay, premium or otherwise, for time worked on City - observed or
actual holidays.
Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on
City - observed or actual holidays.
Section 7. For the Labor Day holiday on September 7, 2015, Bargaining Unit Members will receive
15 hours straight time Holiday Pay in their paychecks dated September 25, 2015.
3. Approval of this Memorandum of Understanding and Grievance Settlement Agreement
resolves all pending or threatened grievances regarding holiday pay.
100090322.1 336446C314D }
CITY OF BOYNTON BEACH, FLORIDA
BY: Q
CITY MANAGER _._ - - - - --
DATED: , 2015
PALM B' COUNTY POLICE BENEVOLENT ASSOCIATION
BY: k ,
PRESI T
DA ED: . 2015
Approved as lega form and content:
James Cherof. ity Attorney
•:J009u'i22 1 S.06 OW:418C }
PALM BEACH CAUNTY PALM BEACH COUNTY
`:d ' � POLICE BENEVOLENT ASSOCIATION, INC.
p\ a 2100 N. Florida Mango Road • West Palm Beach, FL 33409 -0400 • (561) 689 - 3745 • 1561) 687 -0154 Fax
www.pbcpba.org
August 24, 2015
Executive Board
Sent by Email transmission laverrierel@bbfi.us
John Kazanjian And Regular U.S. Mail
PBSO
President
Lori LaVerriere, City Manager
Ernest W. George City of Boynton Beach
Retired -WPBPD 100 E. Boynton Beach Boulevard
rrectti,elnirectar Boynton Beach, FL 33425
Richard McAfee
PBSO Re: Palm Beach County PBA and City of Boynton Beach
Vice - President RATIFICATION OF MOU (HOLIDAY PAY) and GRIEVANCE
Lou Penque SETTLEMENT
WPBPD
Treasurer Dear Manager LaVerriere:
Kevin leo
PBSO As you know, this organization is the exclusive representative for sworn law
Secretary enforcement personnel working in the Boynton Beach Police Department within three
Greg Allen (3) bargaining units identified by Public Employees Relations Commission ( "PERC ")
Palm Beach Gardens PD certification numbers appearing above.
SL1.- at -Annns
As you know, also, ratification votes were had from August 20` and 21S with
regard to each of the 3 collective bargaining agreements to govern wages, hours and
terms and conditions of employment for the subject officers; at the conclusion of each
day of which ballots duly were counted and the day's results announced as required
by PERC regulations.
On the final day of ratification voting, immediately upon the conclusion of
voting, the ballot boxes were unlocked, the day's ballots were counted and the result
of ratification voting was announced. This will serve as additional written notice to the
City of the ratification voting results:
Police Officers and Detectives Ratified
Police Sergeants Tentative Ratified
Police Lieutenants Tentative Ratified
Respectfully,
01 fil $ 6Th ca k
Gary Li* an
Generadoun el
GL /adt
Ecopy: John Kazanjian, President
James A. Cherof, Esq.
Julie Oldbury, Director of Human Resources and Risk Management
Cory Gray, PBA Representative
Henry Diehl, PBA Representative
Daniel Dugger, PBA Representative
Toby Athol, PBA Representative
Joseph Degiulio, Appt. PBA Representative
Doug Gilbert, Appt. PBA Representative
The Voice of Palm Beach County's Law l nforcem nt