Loading...
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 C:\ Users\ prainitoj \AppData\Local\Microsof \Windows \Temporary Internet Files \Content.1E5 \TJSA2KNN\MOU_PBA (Lts_Sgts_ and_ Officers_ and_Detectives_Holiday_Pay).doc 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 C:\ Users\ prainitoj \AppData\Local\Microsof \Windows \Temporary Internet Files\ Content. lES \TJSA2KNN\MOU_PBA_(Lts_Sgts_ and_ Officers_ and_Detectives_Holiday_Pay).doc 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