Bargaining Minutes 113012 Blue
CITY OF ATLANTIC BEACH &
BLUE COLLAR
MINUTES OF BARGAINING MEETING
NOVEMBER 30, 2012
I.Attendees (see below)
II.Management Proposal (none)
III.Union Proposal (attached)
IV.Other Material Exchanged (none)
City: John Dickinson, Chief Negotiator (Constangy, Brooks and Smith)
Jim Hanson, City Manager
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
November 30, 2012
ARTICLE 13
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PERSONAL LEAVE HOURS
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13.1(a)The "Personal Leave Hours" concept is an advancement from the traditional
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vacation and sick leave system. Personal leave hours are not to be considered
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compensation for services rendered. All bargaining unit employees may be absent
5
from work and still receive regular wages provided the employee has a Personal
6
Leave or Compensatory Time balance, and follows the procedures set forth in this
7
Article and receives prior approval from the employee's supervisor, or the
8
appropriate Department Head or his designee.
9
(b)When a Personal Leave Hour is used for illness or other emergencies, employees
10
are required to notify their supervisor, or if he is unavailable the appropriate
11
Department Head of the nature of the illness or emergency as early as reasonably
12
possible and no later than one (1) hour after starting time each day the employee
13
intends to be absent, that the employee is unable to report to work because of illness
14
or other emergency; however, employees on shift work must notify the supervisor
15
or if he is unavailable the appropriate Department Head no later than one (1) hour
16
before shift starting time.
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Except as stated above when an employee is planning to use seventeen (17) hours
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or more of Personal Leave Hours he must submit his request to take leave in writing
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to the appropriate Department Head or his designee at least five (5) calendar days
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prior to the first day of the intended absence. When an employee is planning to use
21
less than 17 hours of Personal Leave Hours he must submit such request at least
22
forty-eight (48) hours prior to the first day of the intended absence. The appropriate
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Department Head or his designee shall respond to the request as soon as possible
24
after receipt of the request.
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Personal Leave may be taken in increments of fifteen (15) minutes or more.
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Approval of leave may be suspended if in the discretion of the appropriate
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Department Head such leave would pose a manpower shortage which would have
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an adverse effect on the operation of the Department, or if the notification
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requirements set forth in this Article are not followed.
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(c)When hired, each employee may select a personal leave limit and leave cash-in
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dates. Employees that do not select a personal leave limit and/or leave cash-in date
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will be assigned a leave limit of 960 hours and cash-in dates of June and December.
33
In December of each year, employees will have the option to select or change their
34
selections as follows:
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City of Atlantic Beach
November 30, 2012
Leave limit:
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Each employee may select a personal leave limit of 120, 240, 360, 480, 600, 720,
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840 or 960 hours that will best fit the employee’s needs. Once selected, or
3
assigned, employees may change their Personal Leave limit in December of each
4
year. Those that do not change their limit shall retain their previously established
5
limit. Thereafter, employees must utilize their Personal Leave Hours or the
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employee shall be automatically paid for all hours accumulated that exceed their
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established maximum. Employees who do not select a personal leave limit will be
8
assigned a 960 hour limit.
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Cash-In Dates:
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Each employee may select a personal leave cash-in date of:
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(1) first pay date in June and December;
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(2) first pay date in June only; or
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(3) first pay date in December only.
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Employees may change their cash-in date in December of each year. Those that do
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not change their cash-in dates shall retain their previously selected, or assigned,
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dates. Employees who do not select a cash-in date(s) will be assigned a June and
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December cash-in date.
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Payment for Personal Leave:
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For hours permissibly accumulated under this Article, the employee shall be
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automatically paid for all personal leave hours that exceed the personal leave limit
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as established by the employee. For the purpose of paying for accrued leave time,
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the Employer will automatically pay for personal leave on the cash-in date(s) as
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selected by the employee. Personal leave cashed in will be based upon the cash in
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leave limits and cash-in dates as selected by the employee and the employee’s
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personal leave account balance on the pay period that immediately precedes the
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designated cash-in date(s) as selected by the employee. Note: Employees will not
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be paid for Personal Leave unless then Personal Leave cash-in amount equalsor
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exceeds one (1) hour.
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(c)Effective on the date of ratification of the Agreement by both parties, or the date of
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legislative action taken pursuant to Section 447.403(4)(d), F.S., whichever is
31
applicable (the “effective date”), the maximum number of personal leave hours
32
which may be accrued and carried forward to the following fiscal year is 480 hours.
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Within thirty (30) calendar days from the effective date, any employee who has
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exceeded the limit of 480 hours will receive a buyout of accrued personalleave for
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City of Atlantic Beach
November 30, 2012
all hours that exceed the new maximum accrual limit of 480 hours. Thereafter, the
1
maximum number of personal leave hours which may be accrued and carried
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forward to the following fiscal year is 480 hours.
3
In addition to the above, on a one-time basis,the City will honor the buy down
4
selectionswhich weremade by employees in December, 2011. However, due to
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IRS regulations, no changes are permitted to these pre-selected amounts.
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Employees should make every attempt to schedule and use their personal leave
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prior to the end of each fiscal year. Failure to use the personal leave time will result
8
in forfeiture on October 1 of each fiscal year of any time that exceeds the 480 hour
9
limit.
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If a personal leave request is cancelled by the City due to no fault of the employee
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and cannot be rescheduled prior to the end of the fiscal year, their department head
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may approve the employee to carry-over the personal leave hours that were
13
canceled. In such unusual case, the employee must use these personal leave hours
14
prior to the end of the next fiscal year.
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(d)For Personal Leave used for illness, the Employer always retains the right to require
16
medical documentation of the illness.
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(e)No Personal Leave Hours may accumulate to an employee who is in a non-pay
18
status or utilizing donated leave.
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(f)Subject to the restrictions contained in this Agreement, Personal Leave Hours shall
20
accumulate during each pay period and shall be credited to the employee at the end
21
of the pay period.
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(g)An eEligible employeeswho resignswith at least two (2) weeks prior written notice
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to the City Manager,is are laid off, retire, or whose employment has not been
24
involuntarily terminated shall be paid for any unused accrualseligible to receive
25
.
50% pay for any unused accruals up to the maximum allowed amount of 480 hours
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(h)The accrual rate of Personal Leave Hours shall be determined as follows:
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Hours Per Total Annual
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YearsPay Period Hours
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30
Beg. 1st through 3rd yr.5.81151
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Beg. 4th through 7th yr.6.78176
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Beg. 8th through 11th yr.8.31216
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Beg. 12th through 15th yr.9.85256
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Beg. of 16th year and over10.47272
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City of Atlantic Beach
November 30, 2012
1
13.3Personal Leave Accrual Schedule: Personal Leave time shall accumulate during each
2
pay period and shall be credited to the employee at the end of each pay period.
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4
5 Beginning Thru Hours per Total Annual
6 YearYear pay period Hours
7 First Year 4.62 120
8 1 3 5.54 144
9 4 5 6.15 160
10 6 7 6.77 176
11 8 10 7.69 200
12 11 12 8.31 216
13 13 14 8.92 232
14 15 9.54 248
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City of Atlantic Beach
November 30, 2012
ARTICLE 26
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WAGES
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26.1(a)Effective October 1, 2011onthe date of ratification of this Agreement by both
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parties, or the date of Legislative action pursuant to Section 447.403(4)(d),
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Florida Statutes, whichever date is laterapplicable,the salary ranges within
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Exhibit A have been retained at the October 1, 2008/2009/2010 rates...AallfFull
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Time time and Regular regular Part part Time time employees that: (1)have more
7
than one yearsix (6) monthsof service as of 09/30/11said date,(2) are in a
8
position that is considered “year round,”and (3) who have received an evaluation
9
of "Meets Requirements" or above,shall receive a $556.11 lump sum
10
“appreciation” bonus to be paid to active employees on the first pay period in
11
December 2011. Said bonus shall not count toward pension final average salary
12
calculation or have employee pension contributions deducted. Employees within
13
the lowest 10% paid shall receive a prorated portion of $1,112.22one percent
14
(1%) increase in their base pay rate.
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(b)Notes
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Evaluations.
-If an employee does not receive at least a “Meets
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Requirements” overall evaluation, they shall not receive a pay adjustment.
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-Employees who receive an overall rating of "Below Requirements" on their
19
evaluation, or who believe the City did not follow the City's performance
20
guidelines, may file a grievance utilizing the grievance procedures contained
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within Article 10.
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-
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Bonuses.
-Employees of the bargaining unit are eligible to receive a bonus
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based upon performance in accordance with the City’s performance
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evaluation program guidelines.
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-
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Minimum Pay.
-In no case shall an employee’s pay be established below the
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base pay for the grade of the position to which the employee is assigned.
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Exception: See "Below Requirements" evaluation above.
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Maximum Pay.
-In no case shall an employee receive a pay increase that
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would result in the employee’s pay exceeding the maximum pay for the grade
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of the position to which the employee is assigned.
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Applicability.
-Pay adjustments will only be provided to individuals who are
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employees of the City on the date that the Union contract is finally approved
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by the City Commission.
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City of Atlantic Beach
November 30, 2012
Pay Ranges.
-The pay grades and salary ranges for classification within the
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bargaining unit are incorporated herein as Exhibit A.
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(c)End of Longevity:Effective on the date of ratification of the Agreement by both
4
parties, or the date of legislative action taken pursuant to Section 447.403(4)(d),
5
F.S., whichever is applicable (the “effective date”),longevity pay will be
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eliminated as a benefit;however,employees’current level of longevity pay as of
7
the effective date will remain in their base salary. In addition, within thirty (30)
8
calendar days following the effective date, the City will add a prorated amount of
9
longevity pay at the rate of $.03 per hour for each additional year of completed
10
service that is not currently reflected in their base pay.All eligible employees shall
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receive twenty-five ($25.00) dollars per month for each five years served with the
12
City up to and through the 20th year. This amount shall be placed into the
13
employee's base pay as follows:
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15
Years of Service
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StartingThruLongevity Pay
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05$ 0.00
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610$ 25.00
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1115$ 50.00
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1620$ 75.00
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21+$ 100.00
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(d)Wastewater/Water Operators:Wastewater Operator I’s that receive the
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appropriate license for advancement to Wastewater Operator II shall receive a
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five percent (5%) in grade pay advancement without any change to their grade
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and shall have their title changed to Wastewater Operator II.
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Wastewater/Water Operator III’s that receive the appropriate license for
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advancement to Wastewater/Water Operator IV shall receive a five percent (5%)
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in grade pay advancement without any change to their grade and shall have their
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title changed to Wastewater/Water Operator IV.
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Wastewater Operator I’s or II’s that receive the appropriate license for
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advancement to Wastewater/Water Operator III or IV, shall receive a promotion
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to the higher grade and have their title changed to Wastewater/Water Operator III
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.
or IV with their salary adjusted in accordance with Article 26.5
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26.2The Job Classification/Grade Chart is set forth in attached Exhibit A.
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26.3Entrance Wage Determination:
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City of Atlantic Beach
November 30, 2012
(a)Initial appointment to any position shall normally be made at the entrance rate of
1
pay established for the position. Upon recommendation from the Department Head,
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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:
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(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;
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(2)The new employee has job related training and/or experience that clearly
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exceeds that of current employees. Prior to City Manager approval of initial
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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.
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26.4Lateral Transfers: When an employee is either recruited to or assigned another job within
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the same salary grade and with essentially the same job responsibility level, they will
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remain at their current salary level and salary grade to which they are currently assigned.
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26.5Promotion: 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.
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(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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(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:
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New Midpoint –Current Midpoint= Promotion Increase Amount (%*)
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City of Atlantic Beach
November 30, 2012
Current Midpoint
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or
2
An increase to the minimum of the new pay grade, whichever is greater.
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* Not to exceed 12% unless required to bring employee’s salary to the minimum
5
of the new pay grade.
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26.6Demotion: Demotions are defined as reductions in job duties and responsibilities that
7
result in a salary grade reduction. When an employee is demoted, the employee will
8
receive a decrease in pay equal to the midpoint differential between the pay grade their
9
job is currently assigned and the newly assigned pay grade. The formula used to
10
calculate the salary decrease associated with a demotion is as follows:
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Step 1:
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Current Midpoint –New Midpoint =Percent Decrease Amount
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New Midpoint
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Step 2:
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Current Pay=New Pay
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(1 + Decrease Amount)
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or
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A decrease to the maximum of the new range, whichever is greater.
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City Initiated Non-Disciplinary Demotions:
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Should the demotion be the result of non-disciplinary action (e.g., a reduction in force or
21
other actions), the demoted employee shall receive the rate in the lower position
22
classification pay range which provides the smallest possible decrease in pay. Employees
23
demoted for non-disciplinary reasonsshall if possible be reassigned to other duties
24
commensurate with his/her qualifications for the position. The Employer will make a
25
reasonable effort to reassign the employee in accord with the provisions of this section.
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Employee Requested Reassignment (Demotion) to Lower Grade:
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When an employee requests a voluntary demotion, the salary of the employee will be
28
adjusted in accordance with the formula utilized to calculate the salary decrease
29
associated with a demotion. Inno case will the new salary be established below the
30
minimum pay or above the maximum pay for the new grade. The formula used to
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City of Atlantic Beach
November 30, 2012
calculate the salary decrease associated with a employee requested demotion is:
1
Step 1:
2
Current Midpoint –New Midpoint =Percent Decrease Amount
3
New Midpoint
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Step 2:
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Current Pay=New Pay
6
(1 + Decrease Amount)
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or
8
A decrease to the maximum of the new range, whichever is greater.
9
Note: In some cases, an employee is being returned to a position and grade previously held
10
prior to the promotion. In these cases, the employee should not receive a gain in pay based
11
upon the prior promotion and may be constructively returned to the position from which
12
they were promoted with their salary constructively adjusted as if the promotion had never
13
occurred.
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26.7Evaluation for satisfactory service shall be standard in writing throughout the bargaining
15
unit with each activity using the same evaluation form and procedure as that utilized for
16
all other City employees. If the employee believes the evaluation procedure was not
17
followed, he may invoke the grievance procedure and submit the grievance at Step I.
18
26.8Any employee covered by this Agreement who is temporarily required by the appropriate
19
Department Head or his designee to perform the duties of a higher classification shall
20
receive pay at a rate of five (5%) percent above the employee's regular rate of pay,
21
provided that:
22
(a)The duties and responsibilities of the higher classification are assumed in full for a
23
minimum of one (1) eight-hour working day, and;
24
(b)The working out of classification pay is approved by the City Manager or his
25
designee prior to appointment of the employee to the higher position.
26
If the two (2) conditions set forth are not fully satisfied, the employee will receive the
27
rate of pay of hisregularly assigned classification for each hour worked in the higher
28
classification.
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City of Atlantic Beach
November 30, 2012
ARTICLE 34
1
DURATION OF AGREEMENT
2
34.1This Agreement shall commence and become effective on November 14, 2011October 1,
3
2012, or the date of ratification of this Agreement by both parties, whichever is later,and
4
th
shall continue in full force and effect until midnight of the thirtieth (30)day of
5
September 20122013.Either party may reopen Article 26, Wages andthree (3) other
6
Articles of their choice in 2010 and 2011. If either party desires to negotiate a successor
7
agreement, it may do so by giving the other party written notice to that effectno later
8
than sixty (60) calendar days prior to September 30, 2013.
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