Loading...
Bargaining Minutes 073112 Blue CITY OF ATLANTIC BEACH&NE FLORIDA PUBLIC EMPLOYEES' LOCAL 630 "BLUE COLLAR" MINUTES OF BARGAINING MEETING JULY 31, 2012 I. Attendees (see below) II. Management Proposal (attached) III. Union Proposal (attached) IV. Other Material Exchanged (none) City: John Dickinson, Chief Negotiator(Constangy, Brooks and Smith) Susan Danhauser, Director of Human Resources Union: Andy Bemis, Business Manager, Local 630 Emanuel L. Brown, Negotiator Desmond A. Green, Negotiator Eric Williams, Negotiator Barion Hill, Negotiator Susan Danhauser Director of Human Resources City of Atlantic Beach CITY PROPOSAL 7/31/2012 ARTICLE 13 PERSONAL LEAVE HOURS 13.1 (a) The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. Personal leave hours are not to be considered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee has a Personal Leave or Compensatory Time balance, and follows the procedures set forth in this Article and receives prior approval from the employee's supervisor, or the appropriate Department Head or his designee. (b) When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify their supervisor, or if he is unavailable the appropriate Department Head of the nature of the illness or emergency as early as reasonably possible and no later than one (1) hour after starting time each day the employee intends to be absent,that the employee is unable to report to work because of illness or other emergency; however, employees on shift work must notify the supervisor or if he is unavailable the appropriate Department Head no later than one (1) hour before shift starting time. Except as stated above when an employee is planning to use seventeen (17) hours or more of Personal Leave Hours he must submit his request to take leave in writing ( to the appropriate Department Head or his designee at least five (5) calendar days prior to the first day of the intended absence. When an employee is planning to use less than 17 hours of Personal Leave Hours he must submit such request at least forty-eight(48)hours prior to the first day of the intended absence. The appropriate Department Head or his designee shall respond to the request as soon as possible after receipt of the request. Personal Leave may be taken in increments of fifteen (15) minutes or more. Approval of leave may be suspended if in the discretion of the appropriate Department Head such leave would pose a manpower shortage which would have an adverse effect on the operation of the Department, or if the notification requirements set forth in this Article are not followed. In December of each year, employees will have the option to select or change their selections as follows: Leave limit: Page 1of3 CITY PROPOSAL 7/31/2012 - - - - 1 41 1 4 :1 el 1, 840 or 960 hours that will best fit the employee's needs. Once selected, or limit. Ther-after, employees must utilize their Personal Leave Hours or the assigned a 960 hour limit. The maximum accrual of unused personal leave shall be 480 hours. There shall be a one-time buyout of accrued hours in excess of 480 hours on September 30, 2012. Employees should make every attempt to schedule and use their personal leave prior to the end of each fiscal year. Failure to use the personal leave time will result in forfeiture of any time that exceeds the 480 hour limit. If a personal leave request is cancelled by the City due to no fault of the employee and cannot be rescheduled prior to the end of the fiscal year, their department head may approve the employee to carryover the personal leave hours that were canceled. The employee must use these personal leave hours prior to the end of the next fiscal year. Cash In Dates: (2) first pay date in June only; or Employees may change their cash in date in December of -ach year. Those that do not change their cash in dates shall retain their previously selected, or assigned, dates. dater Payment for Personal Leave: by the employee. For the purpose of paying for accrued leave time, the Employer will leave cashed in will be based upon the cash in leave limits and cash in dates as select d by the precedes the designated cash in date(s) as selected by the employee. Note: Employees will not be paid for Personal Leave unless then Personal Leave cash in amount equals or exceeds one (1) hear, (d) For Personal Leave used for illness, the Employer always retains the right to require medical documentation of the illness. Page 2 of 3 CITY PROPOSAL 7/31/2012 (e) No Personal Leave Hours may accumulate to an employee who is in a non-pay status or utilizing donated leave. (f) Subject to the restrictions contained in this Agreement, Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. (g) An eligible Eemployee s who resigns with at least two (2) weeks prior written notice to the City Manager, is laid off, retire, or whose employment has not been involuntarily terminated shall be eligible to receive 50% pay for any unused accruals up to the maximum allowed amount of 480 hours. .*: accruals. (h) The accrual rate of Personal Leave Hours shall be determined as follows: Hours Dcr Total Annual Yo,ars Pay Pcriod Hours Bog. lot through 3rd yr. 5 . 81 Bcg. 4th through 7th yr. 6. 78 Bcg. 8th through 11th yr. 8 . 31 216 Bog. 12th through 15th yr. 9. 85 256 6 . 4 272 1St Year 3.08 80.00 1 yr. 1 day thru 3rd yr. 4.31 112.00 4 yrs. thru 5th yrs. 5.54 144.00 6 yrs. thru 7th yrs. 6.15 160.00 8 yrs. thru 10th yrs. 6.77 176.00 11 yrs. thru 12th yrs. 7.38 192.00 13 yrs,thru 14th yrs. 8.00 208.00 15th yrs. or more 8.62 224.00 Page 3 of 3 CITY PROPOSAL 7/31/2012 ARTICLE 26 WAGES 26.1 (a) Effective October 1, 2011 the salary ranges within Exhibit A have been retained at the October 1, 2008/2009/2010 rates. Full Time and Regular Part Time employees that have more than one year of service as of 09/30/11, are in a position that is considered "year round" and have received an evaluation of"Meets Requirements" or above shall receive a $556.11 lump sum "appreciation" bonus to be paid to active employees on the first pay period in December 2011. Said bonus shall not count toward pension final average salary calculation or have employee pension contributions deducted. Employees within the lowest 10% paid shall receive a prorated portion of $1,112.22. (b) Notes - Evaluations. If an employee does not receive at least a "Meets Requirements" overall evaluation, they shall not receive a pay adjustment. - Employees who receive an overall rating of"Below Requirements" on their evaluation, or who believe the City did not follow the City's performance guidelines, may file a grievance utilizing the grievance procedures contained within Article 10. - Bonuses. Employees of the bargaining unit are eligible to receive a bonus based upon performance in accordance with the City's performance evaluation program guidelines. - Minimum Pay. In no case shall an employee's pay be established below the base pay for the grade of the position to which the employee is assigned. Exception: See "Below Requirements" evaluation above. - Maximum Pay. In no case shall an employee receive a pay increase that would result in the employee's pay exceeding the maximum pay for the grade of the position to which the employee is assigned. - Applicability. Pay adjustments will only be provided to individuals who are employees of the City on the date that the Union contract is finally approved by the City Commission. - Pay Ranges. The pay grades and salary ranges for classification within the bargaining unit are incorporated herein as Exhibit A. Page 1 of 5 CITY PROPOSAL 7/31/2 12 (c) End of Longevity: Effective October 1, 2012, longevity pay will be eliminated as a benefit, however; employees receiving longevity pay on September 30, 2012 will have their base pay further enhanced effective October 1, 2012 as follows: a proprated amount of $5.00 per month per each year of completed service over their current level of longevity pay will be added to their base pay. If applicable, a one time exception to Section 26.1(b)—Maximum Pay will be permitted for this base pay enhancement. All eligible employees shall receive twenty five ($25.00) Years of Service larsiumats 0 5 $ 0.00 6 10 $ 25.00 11 15 $ 50.00 16 20 $ 75.00 21 + $ 100.00 (d) Wastewater/Water Operators: Wastewater Operator I's that receive the appropriate license for advancement to Wastewater Operator II shall receive a five percent (5%) in grade pay advancement without any change to their grade and shall have their title changed to Wastewater Operator II. Wastewater/Water Operator III's that receive the appropriate license for advancement to Wastewater/Water Operator IV shall receive a five percent (5%) in grade pay advancement without any change to their grade and shall have their title changed to Wastewater/Water Operator IV. Wastewater Operator I's or II's that receive the appropriate license for advancement to Wastewater/Water Operator III or IV, shall receive a promotion to the higher grade and have their title changed to Wastewater/Water Operator III or IV with their salary adjusted in accordance with Article 26.5. 26.2 The Job Classification/Grade Chart is set forth in attached Exhibit A. 26.3 Entrance Wage Determination: (a) Initial appointment to any position shall normally be made at the entrance rate of pay established for the position. Upon recommendation from the Department Head, the City Manager may approve the hire of a new employee at a rate of pay above the starting rate of pay. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: (1) The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries increased to Page 2 of 5 CITY PROPOSAL 7/31/2012 be equal to that of the newly hired employee, or; (2) The new employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this provision, the City will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 26.4 Lateral Transfers: When an employee is either recruited to or assigned another job within the same salary grade and with essentially the same job responsibility level, they will remain at their current salary level and salary grade to which they are currently assigned. 26.5 Promotion: A promotion is the advancement of an employee from their current position to another open job, with greater responsibilities, in a higher pay grade. The promotion is based on documented, demonstrable increase in the scope of work. The granting of a different title alone, without a change in pay grade, does not warrant a promotional salary increase. (a) Salary Adjustment: An employee who receives a promotion to a higher salary grade (either by taking on a new position or the employee's current position is reclassified to a higher salary grade) should receive a salary increase at the time the promotion becomes effective, to a least the minimum of their new pay range or an amount equal to the percentage difference between the current and new grade midpoints, whichever is greater. (b) Calculating a Promotional Increase: Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities,the size of the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: New Midpoint—Current Midpoint = Promotion Increase Amount(%*) Current Midpoint or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed 12% unless required to bring employee's salary to the minimum of the new pay grade. 26.6 Demotion: Demotions are defined as reductions in job duties and responsibilities that result in a salary grade reduction. When an employee is demoted, the employee will receive a decrease in pay equal to the midpoint differential between the pay grade their job is currently assigned and the newly assigned pay grade. The formula used to calculate the salary decrease associated with a demotion is as follows: Page 3of5 CITY PROPOSAL 7/31/2012 Step 1: Current Midpoint—New Midpoint = Percent Decrease Amount New Midpoint Step 2: Current Pay = New Pay (1 +Decrease Amount) or A decrease to the maximum of the new range,whichever is greater. City Initiated Non-Disciplinary Demotions: Should the demotion be the result of non-disciplinary action (e.g., a reduction in force or other actions), the demoted employee shall receive the rate in the lower position classification pay range which provides the smallest possible decrease in pay. Employees demoted for non-disciplinary reasons shall if possible be reassigned to other duties commensurate with his/her qualifications for the position. The Employer will make a reasonable effort to reassign the employee in accord with the provisions of this section. Employee Requested Reassignment(Demotion)to Lower Grade: When an employee requests a voluntary demotion, the salary of the employee will be adjusted in accordance with the formula utilized to calculate the salary decrease associated with a demotion. In no case will the new salary be established below the minimum pay or above the maximum pay for the new grade. The formula used to calculate the salary decrease associated with a employee requested demotion is: Step 1: Current Midpoint—New Midpoint = Percent Decrease Amount New Midpoint Step 2: Current Pay = New Pay (1 +Decrease Amount) or A decrease to the maximum of the new range, whichever is greater. Note: In some cases, an employee is being returned to a position and grade previously held prior to the promotion. In these cases, the employee should not receive a gain in pay based ( upon the prior promotion and may be constructively returned to the position from which Page 4 of 5 CITY PROPOSAL 7/31/2012 they were promoted with their salary constructively adjusted as if the promotion had never t I occurred. 26.7 Evaluation for satisfactory service shall be standard in writing throughout the bargaining unit with each activity using the same evaluation form and procedure as that utilized for all other City employees. If the employee believes the evaluation procedure was not followed, he may invoke the grievance procedure and submit the grievance at Step I. 26.8 Any employee covered by this Agreement who is temporarily required by the appropriate Department Head or his designee to perform the duties of a higher classification shall receive pay at a rate of five (5%) percent above the employee's regular rate of pay, provided that: (a) The duties and responsibilities of the higher classification are assumed in full for a minimum of one (1) eight-hour working day, and; (b) The working out of classification pay is approved by the City Manager or his designee prior to appointment of the employee to the higher position. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the higher classification. Page 5 of 5 L.I.U.N.A. Local 630 Counter Proposal July 31, 2012 { Article 13 Union Counter Proposals These proposals are counters to the City proposals dated June 12, 2012.These counters are intended for new hires (effective October 1,2012)only; current employees should utilize the current contract language. 13.1(c) All employees hired on or after October 1, 2012 may select a personal leave limit and leave cash-in dates. Employees that do not select a personal leave limit and/or leave cash-in date will be assigned a leave limit of 720 hours and cash-in dates of June or December. In December of each year, employees will have the option to select or change their selections as follows: Leave limit: Each employee may select a personal leave limit of 120, 240, 360, 480, 600, or 720 hours that will best fit the employee's needs. Once selected, or assigned, employees may change their Personal Leave limit in December of each year. Those that do not change their limit shall retain their previously established limit. Thereafter, employees must utilize their Personal Leave Hours or the employee shall be automatically paid for all hours accumulated that exceed their established maximum. Employees who do not select a personal leave limit will be assigned a 720 hour limit. Cash-In Dates: Each employee may select a personal leave cash-in date of: (1) first pay date in June only;or (2) first pay date in December only. Employees may change their cash-in date in December of each year. Those that do not change their cash-in dates shall retain their previously selected, or assigned, dates. Employees who do not select a cash-in date(s)will be assigned a June and December cash- in date.