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:
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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.
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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
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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.
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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
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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:
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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
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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.
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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.