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Bargaining Minutes 080712 Blue CITY OF ATLANTIC BEACH &NE FLORIDA PUBLIC EMPLOYEES' LOCAL 630 "BLUE COLLAR" MINUTES OF BARGAINING MEETING AUGUST 7, 2012 I. Attendees (see below) II. Management Proposal (attached) III. Union Proposal (none) 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 L.I.U.N.A. Local 630 Counter Proposal August 7, 2012 ARTICLE 20 INSURANCE AND PENSION 20.1 The City agrees to continue to provide employees with a group term life insurance policy. The City agrees to pay the premiums for the employees' coverage for such insurance. 20.2 The City agrees to provide employees with the same basic group health insurance program as offered to other City employees. The City agrees to pay the same amount of premium for the same insurance coverage, including dependent coverage, for bargaining unit employees as it does for other City employees. 20.3 Effective, for employees hired on/after April 11, 2005, the pension benefit multiplier is changed from two-point-eight-five percent (2.85%)to two-point-five percent(2.5%). 20.4 Effective for employees hired on/after September 1, 2008, pension vesting is changed from five (5) years to ten(10) years. 20.5 All employees hired on or after October 1, 2012 will participate in a Defined Contribution Retirement Plan (DCRP). The Cit will contribute three 3 sercent into all em I lo ees DCRP without re.ard to employee contribution amounts, if any. After ten (10) years of service, the City will contribute seven(7) percent into all employees DCRP without regard to employee contribution amounts. In addition to the City's contributions above, the City will match employee contributions up to six (6) percent. \/ Employees will be vested at five (5) years of service for all City contributions. City of Atlantic Beach Proposal August 7, 2012 1 ARTICLE 6 2 UNION STEWARDS AND UNION REPRESENTATION 3 6.1 Employees covered by this Agreement will be represented by stewards designated by the 4 Union in the following locations. 5 Location Number of Stewards 6 Public Works and Parks 2 7 Public Utilities 2 8 The Union may appoint one of the above stewards as a Roving Steward. 9 When additional permanent work locations are created with more than five (5) union 10 eligible employees, the Employer and the Union will meet at the request of either 11 party for the purpose of mutually determining the stewardship needs of the Union. 12 6.2 A written list of union stewards shall be furnished to the Human Resource Manager prior 13 to the effective date of their assuming duties of office. Union stewards will not perform 14 any grievance work until such notification is received by the Employer. 15 6.3 The Business Manager or the President of the Union, may, with prior authorization by the 16 City Manager or appropriate Department Head, be admitted to the property of the 17 Employer. Union officials, as designated above, shall be able to talk with employees 18 before or after regular working hours or during the lunch period of said employees on 19 Employer property in areas mutually agreed upon by the Union and the Employer to 20 discuss union business, including but not limited to, grievances. 21 6.4 The following sections outline the duties and responsibilities of stewards recognized 22 union representatives. In those cases which cannot be resolved otherwise, designated 23 union stewards shall be granted reasonable time off, without loss of pay, to settle 24 grievances. Work loss must be minimized. The steward must advise his supervisor of 25 the requirement of such time and secure permission. Such permission will not be 26 unreasonably withheld. Union stewards shall normally settle grievances on the job site 27 that is within their designated jurisdiction. Files of the employee as authorized by Chapter 28 119 of the Florida Statutes, or exempt files as authorized by the employee (in writing), 29 shall be open for investigation by the steward when settling grievances. Union stewards 30 shall not conduct any grievance work on premium time (overtime) except in emergency 31 situations occurring during such premium hours that involve suspension or discharge. 32 Supervisor permission shall be given orally to the union steward provided that said oral 33 authorization insures adequate controls of the steward's time; otherwise written 34 permission shall be required. If it becomes necessary for a union steward to receive Page 1 1971046.1 City of Atlantic Beach Proposal August 7, 2012 1 written permission, the department will provide a form that will be used for this purpose. 2 Upon returning to his work assignment, the steward shall report to his immediate 3 supervisor, unless prior consent not to do so has been secured. 4 6.5 Union stewards shall be employees as designated by the Union, and shall be members of 5 the bargaining unit. 6 6.6 Union representatives, while on public property and functioning as stewards, are subject 7 to the same rules of the Employer as all other public employees, except as specifically 8 provided in this Agreement. 9 6.7 No employee shall function as a union steward while on leave of absence, without mutual 10 consent of the Union and the Employer. 11 6.8 When it becomes necessary for a union steward to enter a division or area other than his 12 own for the purpose of conducting union business authorized by this Agreement, he will 13 secure permission for his presence from the supervisor of that area or division or activity 14 and notify the supervisor of the general nature of his business. 15 6.9 Nothing is this Agreement shall be construed to prevent any employee from presenting, at 16 any time, his own grievances to the Employer, in person or by legal counsel, and having 17 such grievances adjusted without the intervention of the bargaining agent if the 18 adjustment is not inconsistent with the terms of the Agreement when in effect, and if the 19 bargaining agent or his designee has been given reasonable opportunity to be present at 20 any meeting called for the resolution of such grievance. 21 6.10 Employees of the designated bargaining unit shall have the right to join the Union, to 22 engage in lawful concerted activities for the purpose of collective bargaining or other 23 mutual aid and protection, and to express or communicate any view, grievance, complaint 24 or opinion, within the bounds of good taste related to the conditions or compensation of 25 public employment or it betterment, all free from any restraint, coercion, discrimination, 26 or reprisal. There shall be no restraint, discrimination, intimidation, or reprisal against 27 any employee because of that employee's membership or lack of membership in the 28 Union or by virtue of his holding office or not holding office in the Union. This 29 provision shall be applied to all employees by the Employer and the Union. 30 6.11 All stewards have productive work to perform as assigned by the Employer. The parties 31 agree that each will cooperate with the other in reducing to a minimum the actual time 32 spent by union representatives in investigating, presenting, and adjusting grievances or 33 disputes. 34 Page 2 1971046.1 City of Atlantic Beach Proposal August 7, 2012 1 ARTICLE 11 2 ARBITRATION PROCEDURE 3 11.1 Whenever the Union requests arbitration in accordance with the provisions of the 4 Grievance Article, the parties shall within five (5) working days following appeal to 5 arbitration jointly request the Federal Mediation and Conciliation Service to submit a 6 panel of seven (7) arbitrators, each of whom shall be a member of the National Academy 7 of Arbitrators. Arbitrators shall be selected from such panel by alternately striking names 8 from this list (the Union shall make the first strike) until the last name on the list is 9 reached. 10 11.2 The limitations on the powers of the Arbitrator are as follows: 11 (a) The Arbitrator shall not have the power to add to, subtract from, or alter the terms 12 of this Agreement; 13 (b) The Arbitrator shall have no power to establish wage scales, rates for new jobs, or 14 to change any wage; 15 (c) The Arbitrator shall have only the power to rule on matters arising under this 16 Agreement and is confined exclusively to the question(s) which is presented to him 17 which question(s) must be actual and existing; 18 (d) The Arbitrator shall have no power to arbitrate any matter after this Agreement has 19 expired, unless the event giving rise to the grievance occurred prior to the 20 termination of this Agreement and a written grievance was submitted within fifteen 21 (15) working days after the expiration of this Agreement and has been timely 22 processed. 23 (e) If the subject of the grievance submitted to arbitration concerns disciplinary 24 measures (including discharge) taken against one or more employees, the Arbitrator 25 is only empowered to pass upon whether the employee or employees concerned 26 actually committed, participated in, or were responsible for the act of misconduct. 27 The Arbitrator has no authority to pass upon the nature, extent or severity of the 28 disciplinary measure(s) taken, such determination being solely a managerial 29 prerogative. If the Arbitrator finds that the employee has not committed, 30 participated in, or was not responsible for, the act of misconduct for which he has 31 been disciplined, the Arbitrator has the power to make the employee or employees 32 whole, including ordering back-pay (less compensation received from any other 33 sources) for time lost, and reinstatement when applicable. 34 11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding on 35 the Union and on all bargaining unit employees and on the Employer, provided the Page 3 1971046.1 City of Atlantic Beach Proposal August 7, 2012 1 Arbitrator's decision is not outside or beyond the scope of the Arbitrator's jurisdiction, or 2 is not in violation of public policy. The authority and responsibility of the Employer, as 3 provided by Florida law, shall not be usurped in any matter. 4 11.4 The cost of the Arbitrator's services shall be divided equally between the Employer and 5 the Unionpaid by the losing party. Each side will pay its own representative and 6 witnesses. The cost of a court reporter and the transcription fee shall be paid by the party 7 requesting the court reporter and/or a transcription of the proceedings. The cost of a 8 court reporter or/and other costs and fees, if requested by the Arbitrator, shall be divided 9 equally between the Employer and Union. Other requests from the Employer and/or 10 Union shall be paid by the requesting party; however, if either party requests transcripts, 11 copies of such shall be provided to the other party per the Florida Public Records Act 12 (FS-119). 13 11.5 The commencing of legal proceedings against the City or any managerial employee of 14 the City in a court of law or equity or before the Public Employees Relations 15 Commission, the City's grievance procedure, or any other administrative agency by an 16 employee, or group of employees, for alleged violations of the express terms of the 17 Agreement shall be deemed a waiver to resort to the grievance or arbitration procedures 18 contained herein for resolution of the alleged violation of the terms of this Agreement. 19 Additionally, the commencing of legal proceedings against the Union in a court of law or 20 equity or before the Public Employees Relations Commission, or any other administrative 21 agency, by the City or any of its managerial employees for alleged violations of the 22 expressed terms of this Agreement shall be deemed a waiver by such employee or the 23 City of the ability to resort to the grievance or arbitration procedures contained herein for 24 resolution of the alleged violation of the terms of this Agreement. Likewise, the 25 utilization of the Grievance or Arbitration procedures in this Agreement for the resolution 26 of alleged violations of this Agreement shall constitute a waiver of any rights the party 27 who initiated the grievance may have to review by the Public Employees Relations 28 Commission, the City's grievance procedure, or any other administrative agency. 29 11.6 Prior to initiating judicial review by any court for any alleged violation of this 30 Agreement, the grievance procedure of this Agreement must be completely exhausted. 31 11.7 Discipline or other employment actions of newly hired probationary employees, up to 32 and including discharge, is not subject to the grievance procedure and; therefore, such 33 actions cannot be submitted to arbitration. Page 4 1971046.1 City of Atlantic Beach Proposal August 7, 2012 1 ARTICLE 20 2 INSURANCE AND PENSION 3 20.1 The City agrees to continue to provide employees with a group term life insurance policy. 4 The City agrees to pay the premiums for the employees' coverage for such insurance. 5 20.2 The City agrees to provide employees with the same basic group health insurance 6 program as offered to other City employees. The City agrees to pay the same amount of 7 premium for the same insurance coverage, including dependent coverage, for bargaining 8 unit employees as it does for other City employees. 9 20.3 Effective, for employees hired on/after April 11, 2005, the pension benefit multiplier is 10 changed from two-point-eight-five percent(2.85%) to two-point-five percent (2.5%). 11 20.4 Effective for employees hired on/after September 1, 2008, vesting is changed from five 12 (5) years to ten (|Q) ycu/s()ctobcr |` 2O|2` all employees hired before September 1, 2008, 13 will increase their contribution to the Defined Benefit Retirement Plan to six (6) percent. 14 20.57 Effective October 1, 2012` all non-vested employees hired on or after September 1, 2008` 15 and all employees hired on or after October 1, 2012` will participate in a Defined 16 Contribution Retirement Plan. 17 The City will match contributions up to six (6) percent during the first ten (10) years of 18 service. After ten (10) years of service, employees will receive an additional four (4) 19 percent contribution from the City. Matching is not required for the additional four (4) 20 percent contribution. Employees will be vested at five (5) years of service for the City's 21 contributions. Page 5 1971046 1 City of Atlantic Beach Proposal August 7, 2012 1 ARTICLE 23 2 UNIFORMS 3 23.1 The City will furnish to bargaining unit employees who are required to wear such 4 uniforms in the performance of their duties an initial issue of the following upon 5 employment: 6 1. Eleven (11) pPants will be provided as determined by the City 7 2. Eleven (11) sShirts will be provided as determined by the City 8 3. Hats 9 23.2 The City will replace or repair the above items as they become torn, worn or 10 unserviceable due to the performance of the employee's official duty. Any claim for a 11 repair or replacement under this Section must be accompanied by a written explanation 12 addressed to the appropriate Department Head, setting forth the circumstances 13 necessitating the replacement or repair, and the employee shall present the item(s) to the 14 appropriate Department Head or his designee who shall have the sole determination as to 15 whether the items shall be replaced or repaired. 16 23.3 Any employee who damages, destroys, or loses any furnished article of uniform due to 17 carelessness, negligence or personal use will replace the article at his own expense, or 18 such cost of replacement shall be deducted from the employee's pay. 19 23.4 The employee shall w ar the articles of the uniform listed in Section 23.1 only for official 20 City business.Uniforms provided by the City shall be worn without modifications and 21 only for official City business. Only City issued hats are allowed. 22 23.5 Upon termination of employment for any reason, the employee shall return to the City all 23 articles of the uniform issued by the City. 24 23.6 The City agrees to continue to provide for the cleaning of the uniform articles as in the 25 past. Page 6 1971046.1 City of Atlantic Beach Proposal August 7, 2012 1 ARTICLE 25 2 CAREER DEVELOPMENT 3 25.1 Upon presentation of an official transcript and proof of degree to the City Manager, -ach 4 employee in the bargaining unit who receives an associates degree from a accredited 5 college, which degree is determined by the City Manager as applicable to the employee's 6 job responsibilities with the City, shall receive a $50.00 per month career development 7 incentive. 8 25.2 Upon presentation of an official transcript and proof of degree to the City Manager, each 9 employee of the bargaining unit who receives from an accredited college or university a 10 bachelor's degree, which degree curriculum is determined by the City Manager to include 11 a major study concentration area readily identifiable and applicable to the employee's job 12 responsibilities with the City, shall receive a $100.00 per month career development 13 incentive. 14 25.3 Employees receiving Career Development monies shall receive monies as accorded them 15 under either Section 25.1 or Section 25.2. They shall not receive at the same time monies 16 afforded from both of these Sections. 17 25.41 Employees classified as Wastewater Operator I, Wastewater Operator II, or 18 Wastewater/Water Operator III who obtain the required licenses required for a higher 19 Operator classification, shall be promoted or have their pay adjusted per Article 26. The 20 effective date of such promotion, or pay adjustment, shall be the date the employee 21 passed the test and received their state license, based upon the employee furnishing such 22 documentation to the City. Promotions shall be limited to an effective date no more than 23 sixty (60) calendar days retroactive. 24 Additional Class A, B and C State licenses above those licenses required by the position 25 description recognized by D.E.P., (Not Certifications), obtained by Water and/or 26 Wastewater Treatment Plant Operator's will be recognized by the payment of an annual 27 one-time lump sum payment of$500.00 which shall be prorated for new employees. The 28 initial payment of such bonus shall be the date the employee passed the test and received 29 their state license, or the date of hire for new employees and based upon the employee 30 furnishing such documentation to the City. Bonus payments shall be limited to an 31 effective date no more than sixty (60) calendar days retroactive with future bonus paid 32 annually on the date that the employee received their initial bonus. The employee must 33 stay for one (1) year after obtaining license. If the employee leaves the employment of 34 the City, the cost borne by the City for the course, travel and lodging must be reimbursed 35 by the employee. 36 Page 7 1971046.1 City of Atlantic Beach Proposal August 7, 2012 1 1 25. 2 Cost for other courses will be paid by the City after prior approval of the appropriate 2 Department Head. 3 1 25.63 All employees within the bargaining unit shall be covered by a written description of his 4 job duties in the form of employee job specifications. 5 If the City of Atlantic Beach, or their designees, determine that the employees' job 6 specifications need to be changed, added to, deleted, or amended, the Employer will 7 notify the Union of the intended changes no less than ten (10) working days prior to the 8 effective date of change. Copies of the proposed changes will be forwarded to the Union 9 along with the above notification. After finalization, a copy of the revised specifications 10 shall be forwarded to the Union as soon as is possible. Page 8 1971046.1 City of Atlantic Beach Proposal August 7, 2012 1 ARTICLE 30 2 UNION TIME POOL 3 30.1 All members of the bargaining unit who arc not on probation as new employees may 4 contribute two (2) or more hours per year of personal leave hours to the union time pool. 5 Provided that the maximum number of hours which may be accumulated in the pool 6 under this Article is 216 hours. 7 30.2 This leave will be computed and placed in a bank on the 1st of October each year. 8 30.3 The City Manager or his designee shall have the discretion to grant or deny use of pool 9 time. 10 30.1 Union time pool hours not expended during the previous year will be compounded onto 11 the new bank of hours beginning October 1 of each year, provided the maximum 12 accumulation set forth in Section 30.1 is not exceeded. 13 30.5 The City shall have the right to review this Article each year and to eliminate union time 14 pool if it becomes an excessive administrative burden to the City. Page 9 1971046.1 City of Atlantic Beach Proposal August 7, 2012 1 ARTICLE 34 2 DURATION OF AGREEMENT 3 34.1 This Agreement shall commence and become effective on November H, 4 2011 and shall continue in full force and effect until midnight of the 5 thirtieth (30111) day of September 20122015. Either party may reopen Article 26, Wages 6 and three (3) other Articles of their choice in 2010 2013 and 20112014. If either party 7 desires to negotiate a successor agreement, it may do so by giving the other party written 8 notice to that effect no later than sixty (60) calendar days prior to September 30, 2013 or 9 2014, whichever is applicable. 10 Page 10 1971046.1 L.I.U.N.A. Local 630 Counter Proposal August 7, 2012 ARTICLE 20 INSURANCE AND PENSION 20.1 The City agrees to continue to provide employees with a group term life insurance policy. The City agrees to pay the premiums for the employees' coverage for such insurance. 20.2 The City agrees to provide employees with the same basic group health insurance program as offered to other City employees. The City agrees to pay the same amount of premium for the same insurance coverage, including dependent coverage, for bargaining unit employees as it does for other City employees. 20.3 Effective, for employees hired on/after April 11, 2005, the pension benefit multiplier is changed from two-point-eight-five percent (2.85%)to two-point-five percent(2.5%). 20.4 Effective for employees hired on/after September 1, 2008, pension vesting is changed from five (5) years to ten(10) years. 20.5 All employees hired on or after October 1, 2012 will participate in a Defined Contribution Retirement Plan (DCRP). The Cit will contribute three 3 sercent into all em I lo ees DCRP without re.ard to employee contribution amounts, if any. After ten (10) years of service, the City will contribute seven(7) percent into all employees DCRP without regard to employee contribution amounts. In addition to the City's contributions above, the City will match employee contributions up to six (6) percent. \/ Employees will be vested at five (5) years of service for all City contributions.