Bargaining Minutes 091012 Blue CITY OF ATLANTIC BEACH&NE FLORIDA PUBLIC EMPLOYEES' LOCAL 630
"BLUE COLLAR"
MINUTES OF BARGAINING MEETING
SEPTEMBER 10, 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
Susan Danhauser
Director of Human Resources
City of Atlantic Beach
City of Atlantic Beach
Package Proposal
September 10, 2012
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8 CITY OF ATLANTIC BEACH
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11 PACKAGE PROPOSAL
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14 SEPTEMBER 10, 2012
1 ARTICLE 13
2 PERSONAL LEAVE HOURS
3 13.1 (a) The "Personal Leave Hours" concept is an advancement from the traditional
4 vacation and sick leave system. Personal leave hours are not to be considered
5 compensation for services rendered. All bargaining unit employees may be absent
6 from work and still receive regular wages provided the employee has a Personal
7 Leave or Compensatory Time balance, and follows the procedures set forth in this
8 Article and receives prior approval from the employee's supervisor, or the
9 appropriate Department Head or his designee.
10 (b) When a Personal Leave Hour is used for illness or other emergencies, employees
11 are required to notify their supervisor, or if he is unavailable the appropriate
12 Department Head of the nature of the illness or emergency as early as reasonably
13 possible and no later than one (1) hour after starting time each day the employee
14 intends to be absent, that the employee is unable to report to work because of illness
15 or other emergency; however, employees on shift work must notify the supervisor
16 or if he is unavailable the appropriate Department Head no later than one (1) hour
17 before shift starting time.
18 Except as stated above when an employee is planning to use seventeen (17) hours
19 or more of Personal Leave Hours he must submit his request to take leave in writing
20 to the appropriate Department Head or his designee at least five (5) calendar days
21 prior to the first day of the intended absence. When an employee is planning to use
22 less than 17 hours of Personal Leave Hours he must submit such request at least
23 forty-eight (48) hours prior to the first day of the intended absence. The appropriate
24 Department Head or his designee shall respond to the request as soon as possible
25 after receipt of the request.
26 Personal Leave may be taken in increments of fifteen (15) minutes or more.
27 Approval of leave may be suspended if in the discretion of the appropriate
28 Department Head such leave would pose a manpower shortage which would have
29 an adverse effect on the operation of the Department, or if the notification
30 requirements set forth in this Article are not followed.
31 (c) Then hired, eiach employee may select a personal leave limit and leave cash in
32 dates. Employees that do not select a personal leave limit and/or love cash in dato
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35 selections as follows:
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2 Each employee may select a personal 1-ave limit of 120, 210, 360, 180, 600, 720,
3 810 or 960 hours that will best fit the employee's needs. Once selected, or
4 assigned, employees may change their Personal Leave limit in December of each
5 year. Those that do not change their limit shall retain their previously established
6 limit. Thereafter, employees must utilize their Personal Leave Hours or the
7 employee shall be automatically paid for all hours accumulated that exceed their
8 established maximum. Employees who do not select a personal leave limit will be
9 assigned a 960 hour limit.
10 Cash In Dates:
11 Each employee may select a personal leave cash in date of:
12 (1) first pay date in June and December;
13 (2) first pay date in June only; or
14 (3) first pay date in December only.
15 Employees may change their cash in date in December of each yr. Those that do
16 not change their cash in dates shall retain their previously selected, or assigned,
17 dates. Employees who do not select a cash in date(s) will be assigned a June and
18 December cash in date.
19 Payment for Personal Lwve:
20 For hours permissibly accumulated under this Article, the employee shall be
21 automatically paid for all personal leave hours that exceed the personal leave limit
22 as established by the employee. For the purpose of paying for accrued leave time,
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24 selected by the employee. Personal leave cashed in will be based upon the cash in
25 leave limits and cash in dates as selected by the employee and the employee's
26 personal leave account balance on the pay period that immediately precedes the
27 designated cash in date(s) as selected by the employee. Note: Employees will not
28 be paid for Personal Leave unless then Personal Leave cash in amount equals or
29 exceeds one (1) hour.
30 (c) Effective October 1, 2013, the maximum number of personal leave hours which
31 may be accrued and carried forward to the following fiscal year is 480 hours. In an
32 effort to minimize a tax burden to the employees, the City shall allow two buyouts
33 of accrued hours (one in 2012, and one in 2013) as set forth herein. The first pay
34 date in December, 2012 any employee who has in excess of 600 accrued personal
35 leave hours will receive a buyout of accrued personal leave for all hours that exceed
36 600 hours. On September 30, 2013, any employee who has exceeded the limit of
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1 480 hours will receive a buyout of accrued personal leave for all hours that exceed
2 the new maximum accrued limit of 480 hours. Thereafter, the maximum number of
3 ,ersonal leave hours which may be accrued and carried forward to the following
4 fiscal year is 480 hours.
5 In addition to the above, on a one-time basis, the City will honor the buy down
6 selections which were made by employees in December, 2011. However, due to
7 IRS regulations, no changes are permitted to these pre-selected amounts.
8 Employees should make every attempt to schedule and use their personal leave
9 prior to the end of each fiscal year. Failure to use the personal leave time will result
10 in forfeiture on October 1 of each fiscal year of any time that exceeds the 480 hour
11 limit.
12 If a personal leave request is cancelled by the City due to no fault of the employee
13 and cannot be rescheduled prior to the end of the fiscal year, their department head
14 may approve the employee to carry-over the personal leave hours that were
15 canceled. In such unusual case, the employee must use these personal leave hours
16 prior to the end of the next fiscal year.
17 (d) For Personal Leave used for illness, the Employer always retains the right to require
18 medical documentation of the illness.
19 (e) No Personal Leave Hours may accumulate to an employee who is in a non-pay
20 status or utilizing donated leave.
21 (f) Subject to the restrictions contained in this Agreement, Personal Leave Hours shall
22 accumulate during each pay period and shall be credited to the employee at the end
23 of the pay period.
24 (g) Eligible employees who resigns with at least two (2) weeks prior written notice
25 to the City Manager, is are laid off, retire, or whose employment has not been
26 involuntarily terminated shall be paid for any unused accrualseligible to receive
27 50% pay for any unused accruals up to the maximum allowed amount of 480 hours.
28 (h) The accrual rate of Personal Leave Hours shall be determined as follows:
29 Hours Per Total Annual
30 Years Pay Period Hours
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32 Beg. 1st through 3rd yr. 5.81 151
33 Beg. th through 7th yr. 6.78 176
34 Beg. 8th through 1 1th yr. 8.31 216
35 Beg. 12th through 15th yr. 9.85 256
36 Beg. of 16th year and over 10/17 272
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12 15 yrs. or more
13 8.62 221.00
14 13.3 Personal Leave Accrual Schedule: Personal Leave time shall accumulate during each
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17 Beginning Thru Hours per Total Annual
18 Year Year pay period Hours
19 First Year 4.62 120
20 1 3 5.54 144
21 4 5 6.15 160
22 6 7 6.77 176
23 8 10 7.69 200
24 11 12 8.31 216
25 13 14 8.92 232
26 15 9.54 248
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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 (10) ywrsOctober 1, 2012, all employees hired before September 1, 2008,
13 will increase their contribution to the Defined Benefit Retirement Plan to six (6) percent.
14 20.5, 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 •ercent contribution. Em.lo ees will be vested at five 5 ears of service for the Cit 's
21 contributions.
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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 (ii) pants. -Wants and/or shirts will be provided as determined by the City;
7 however employees in Public Works and Public Utilities will receive 11 sets of same.
8 2. Eleven (11) shirts
9 32. Hats
10 23.2 The City will replace or repair the above items as they become torn, worn or
11 unserviceable due to the performance of the employee's official duty. Any claim for a
12 repair or replacement under this Section must be accompanied by a written explanation
13 addressed to the appropriate Department Head, setting forth the circumstances
14 necessitating the replacement or repair, and the employee shall present the item(s) to the
15 appropriate Department Head or his designee who shall have the sole determination as to
16 whether the items shall be replaced or repaired.
17 23.3 Any employee who damages, destroys, or loses any furnished article of uniform due to
18 carelessness, negligence or personal use will replace the article at his own expense, or
19 such cost of replacement shall be deducted from the employee's pay.
20 23.4 -•• : . -° •- . •° •• ° '• °.
21 City business.Uniforms provided by the City shall be worn without modifications and
22 only for official City business. Only City issued hats are allowed.
23 23.5 Upon termination of employment for any reason, the employee shall return to the City all
24 articles of the uniform issued by the City.
25 23.6 The City agrees to continue to provide for the cleaning of the uniform articles as in the
26 past.
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1 ARTICLE 25
2 CAREER DEVELOPMENT
3 25.1 Upon presentation of an official transcript and proof of degree to the City Manager, etch
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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
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10 bachelor's degree, which degree curriculum is determined by the City Manager to include
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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 Employees classified as Utility Collection/Distribution Operators who obtain a Level 2
25 license shall receive an annual one-time lump sum payment of $250.00. The initial
26 s v.ment of such lums sum shall be the date the em..lov.ee •asses the test and receives
27 their required state license, or the date of hire for new employees based upon the
28 employee furnishing proper licensing documentation to the City. Payments shall be
29 limited to an effective date no more than sixty (60) calendar days retroactive with future
30 payments paid annually on the date that the employee received their initial lump sum
31 payment. The employee must stay for one (1) year after obtaining the Level 2 license. If
32 the employee leaves the employment of the City, the cost borne by the City for the
33 course, travel and lodging must be reimbursed by the employee.
34 Additional Class A, B and C State licenses above those licenses required by the position
35 description recognized by D.E.P., (Not Certifications), obtained by Water and/or
36 Wastewater Treatment Plant Operator's will be recognized by the payment of an annual
37 one-time lump sum payment of$500.00 which shall be prorated for new employees. The
38 initial payment of such bonus shall be the date the employee passed the test and received
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1 their state license, or the date of hire for new employees and based upon the employee
2 furnishing such documentation to the City. Bonus payments shall be limited to an
3 effective date no more than sixty (60) calendar days retroactive with future bonus paid
4 annually on the date that the employee received their initial bonus. The employee must
5 stay for one (1) year after obtaining license. If the employee leaves the employment of
6 the City, the cost borne by the City for the course, travel and lodging must be reimbursed
7 by the employee.
8 25.5-2 Cost for other courses will be paid by the City after prior approval of the appropriate
9 Department Head.
10 25.63 All employees within the bargaining unit shall be covered by a written description of his
11 job duties in the form of employee job specifications.
12 If the City of Atlantic Beach, or their designees, determine that the employees' job
13 specifications need to be changed, added to, deleted, or amended, the Employer will
14 notify the Union of the intended changes no less than ten (10) working days prior to the
15 effective date of change. Copies of the proposed changes will be forwarded to the Union
16 along with the above notification. After finalization, a copy of the revised specifications
17 shall be forwarded to the Union as soon as is possible.
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1 ARTICLE 26
2 WAGES
3 26.1 (a) Effective October 1, 2011 2012, the date of ratification of this Agreement by both
4 parties, or the date of Legislative action pursuant to Section 447.403(4)(d),
5 Florida Statutes, whichever date is later, the salary ranges within Exhibit A have
6 been retained at the October 1, 2008/2009/2010 rates Aall fFull Time time and
7 Regular regular Part part Time time employees that (1) have more than one
8 ycarsix (6) months of service as of 09/30/11 said date, (2) are in a position that is
9 considered "year round" and (3) who have received an evaluation of "Meets
10 Requirements" or above, shall receive a $556.11 lump sum "appreciation" bonus
11 to be paid to active employees on the first pay period in December 2011. Said
12 bonus shall not count toward pension final average salary calculation or have
13 '0.
14 paid shall receive a prorated portion of $1,112.22one percent (1%) increase in
15 their base pay rate. Thereafter, an additional one percent (1%) increase will be
16 awarded based on eligibility on October 1, 2013. See Fx00101�000 A..
17 (b) Notes
18 - Evaluations. If an employee does not receive at least a "Meets
19 Requirements" overall evaluation, they shall not receive a pay adjustment.
20 - Employees who receive an overall rating of "Below Requirements" on their
21 evaluation, or who believe the City did not follow the City's performance
22 guidelines, may file a grievance utilizing the grievance procedures contained
23 within Article 10.
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25 - Bonuses. Employees of the bargaining unit are eligible to receive a bonus
26 based upon performance in accordance with the City's performance
27 evaluation program guidelines.
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29 - Minimum Pay. In no case shall an employee's pay be established below the
30 base pay for the grade of the position to which the employee is assigned.
31 Exception: See "Below Requirements" evaluation above.
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33 - Maximum Pay. In no case shall an employee receive a pay increase that
34 would result in the employee's pay exceeding the maximum pay for the grade
35 of the position to which the employee is assigned.
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37 - Applicability. Pay adjustments will only be provided to individuals who are
38 employees of the City on the date that the Union contract is finally approved
39 by the City Commission.
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1 - Pay Ranges. The pay grades and salary ranges for classification within the
2 bargaining unit are incorporated herein as Exhibit A.
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4 (c) End of Longevity: Effective October 1, 2012, longevity pay will be eliminated as
5 a benefit, however; employees receiving longevity pay on September 30, 2012
6 will have their base pay further enhanced effective October 1, 2012 as follows: a
7 prorated amount of$5.00 per month per each year of completed service over their
8 current level of longevity pay will be added to their base pay. If applicable, a one
9 time exception to Section 26.1(b) — Maximum Pay will be permitted for this base
10 •a enhancement. All eligible employees shall receive twenty five ($25.00)
11 dollars per month for each five years served with the City up to and through the
12 20th year. This amount shall be placed into the employee's base pay as follows:
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15 Starting Thru Longevity Pay
16 0 5 $ 0.00
17 6 10 $ 25.00
18 11 15 $ 50.00
19 16 20 $ 75.00
20 21 + $ 100.00
21 (d) Wastewater/Water Operators: Wastewater Operator I's that receive the
22 appropriate license for advancement to Wastewater Operator II shall receive a
23 five percent (5%) in grade pay advancement without any change to their grade
24 and shall have their title changed to Wastewater Operator II.
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26 Wastewater/Water Operator III's that receive the appropriate license for
27 advancement to Wastewater/Water Operator IV shall receive a five percent (5%)
28 in grade pay advancement without any change to their grade and shall have their
29 title changed to Wastewater/Water Operator IV.
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31 Wastewater Operator I's or II's that receive the appropriate license for
32 advancement to Wastewater/Water Operator III or IV, shall receive a promotion
33 to the higher grade and have their title changed to Wastewater/Water Operator III
34 or IV with their salary adjusted in accordance with Article 26.5.
35 26.2 The Job Classification/Grade Chart is set forth in attached Exhibit A.
36 26.3 Entrance Wage Determination:
37 (a) Initial appointment to any position shall normally be made at the entrance rate of
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1 pay established for the position. Upon recommendation from the Department Head,
2 the City Manager may approve the hire of a new employee at a rate of pay above
3 the starting rate of pay. However, a new employee may only be hired at a rate
4 above the entrance rate of pay established for the position if:
5 (1) The needs of the City make such hire action necessary and all other
6 employees within the same classification have their base salaries increased to
7 be equal to that of the newly hired employee, or;
8 (2) The new employee has job related training and/or experience that clearly
9 exceeds that of current employees. Prior to City Manager approval of initial
10 pay under this provision, the City will notify the union, in writing, of the
11 proposed action and allow the union three (3)workdays to provide comments.
12 26.4 Lateral Transfers: When an employee is either recruited to or assigned another job within
13 the same salary grade and with essentially the same job responsibility level, they will
14 remain at their current salary level and salary grade to which they are currently assigned.
15 26.5 Promotion: A promotion is the advancement of an employee from their current position
16 to another open job, with greater responsibilities, in a higher pay grade. The promotion is
17 based on documented, demonstrable increase in the scope of work. The granting of a
18 different title alone, without a change in pay grade, does not warrant a promotional salary
19 increase.
20 (a) Salary Adjustment: An employee who receives a promotion to a higher salary grade
21 (either by taking on a new position or the employee's current position is reclassified
22 to a higher salary grade) should receive a salary increase at the time the promotion
23 becomes effective, to a least the minimum of their new pay range or an amount
24 equal to the percentage difference between the current and new grade midpoints,
25 whichever is greater.
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27 (b) Calculating a Promotional Increase: Since a promotional increase is granted to
28 recognize the assumption of additional job duties and responsibilities, the size of the
29 increase is calculated as a function of the size of the promotion, rather than as a
30 percentage of current salary. The formula used to calculate the promotional
31 increase is as follows:
32 New Midpoint—Current Midpoint = Promotion Increase Amount(%*)
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1 Current Midpoint
2 or
3 An increase to the minimum of the new pay grade, whichever is greater.
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5 * Not to exceed 12% unless required to bring employee's salary to the minimum
6 of the new pay grade.
7 26.6 Demotion: Demotions are defined as reductions in job duties and responsibilities that
8 result in a salary grade reduction. When an employee is demoted, the employee will
9 receive a decrease in pay equal to the midpoint differential between the pay grade their
10 job is currently assigned and the newly assigned pay grade. The formula used to
11 calculate the salary decrease associated with a demotion is as follows:
12 Step 1:
13 Current Midpoint—New Midpoint = Percent Decrease Amount
14 New Midpoint
15 Step 2:
16 Current Pay = New Pay
17 (1 +Decrease Amount)
18 or
19 A decrease to the maximum of the new range, whichever is greater.
20 City Initiated Non-Disciplinary Demotions:
21 Should the demotion be the result of non-disciplinary action (e.g., a reduction in force or
22 other actions), the demoted employee shall receive the rate in the lower position
23 classification pay range which provides the smallest possible decrease in pay. Employees
24 demoted for non-disciplinary reasons shall if possible be reassigned to other duties
25 commensurate with his/her qualifications for the position. The Employer will make a
26 reasonable effort to reassign the employee in accord with the provisions of this section.
27 Employee Requested Reassignment(Demotion)to Lower Grade:
28 When an employee requests a voluntary demotion, the salary of the employee will be
29 adjusted in accordance with the formula utilized to calculate the salary decrease
30 associated with a demotion. In no case will the new salary be established below the
31 minimum pay or above the maximum pay for the new grade. The formula used to
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1 calculate the salary decrease associated with a employee requested demotion is:
2 Step 1:
3 Current Midpoint—New Midpoint = Percent Decrease Amount
4 New Midpoint
5 Step 2:
6 Current Pay = New Pay
7 (1 +Decrease Amount)
8 or
9 A decrease to the maximum of the new range, whichever is greater.
10 Note: In some cases, an employee is being returned to a position and grade previously held
11 prior to the promotion. In these cases, the employee should not receive a gain in pay based
12 upon the prior promotion and may be constructively returned to the position from which
13 they were promoted with their salary constructively adjusted as if the promotion had never
14 occurred.
15 26.7 Evaluation for satisfactory service shall be standard in writing throughout the bargaining
16 unit with each activity using the same evaluation form and procedure as that utilized for
17 all other City employees. If the employee believes the evaluation procedure was not
18 followed, he may invoke the grievance procedure and submit the grievance at Step I.
19 26.8 Any employee covered by this Agreement who is temporarily required by the appropriate
20 Department Head or his designee to perform the duties of a higher classification shall
21 receive pay at a rate of five (5%) percent above the employee's regular rate of pay,
22 provided that:
23 (a) The duties and responsibilities of the higher classification are assumed in full for a
24 minimum of one (1) eight-hour working day, and;
25 (b) The working out of classification pay is approved by the City Manager or his
26 designee prior to appointment of the employee to the higher position.
27 If the two (2) conditions set forth are not fully satisfied, the employee will receive the
28 rate of pay of his regularly assigned classification for each hour worked in the higher
29 classification.
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1 ARTICLE 34
2 DURATION OF AGREEMENT
3 34.1 This Agreement shall commence and become effective on November H, 20110ctober 1,
4 2012, or the date of ratification of this Agreement by both parties, whichever is later, and
5 shall continue in full force and effect until midnight of the thirtieth (30ffi) day of
6 September 20122015. Either party may reopen Article 26, Wages and three (3)
7 Articles of their choice in 2010 2013 and 20112014. If either party desires to negotiate a
8 successor agreement, it may do so by giving the other party written notice to that effect
9 no later than sixty (60) calendar days prior to September 30, 2013 or 2014, whichever is
10 applicable.
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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.