01/19/1991
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II. BACKGRQUND PROCEEDINGS
The City of Clearwater, Florida, and the Florida State Lodge, Fraternal Order of
Po~ice have had a series of collective bargaining agreements since 1975,
Throughout
those years,
the City and the Union
have
enjoyed a productive.
positive
working
relationship,
Negotiations
between the parties have
been vigorous but courteous.
Previous negotiations have resulted In a series of contracts which have been approved
by the City and ratified by the Union. The Union remains committed to the principle of
good faith labor relations with the City for the goal of providing the citizens of the City with
professional law enforcement services. This commitment remains on the part of the
Union and the police officers represented by the Union.
The most recent contract between the City and the Union covered.the time period
from October 1, 1981 through September 30. 1990,
In accordance with the parties
normal procedures, the Union and the City commenced negotiation for a new contract In
the summer of 1990. Both the Union and the City met promply and regularly for the
purpose of completing negotiations before the expiration of the then existing contract.
The parties were able to reach an agreement on many items. However. a number
of Issues remajned unresolved at the expiration date of the existing contract. Because
e complete agreement could not be reached between the parties. the Union declared an
Irnpasse.
3
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The Union notified the City that It would continue to negotiate with the City toward
the goal of achieving a contract even though Impasse had been declared. The Union
declared Impasse In a timely manner so that the Special Master Proceedings could be
ongoing while the parties continued to negotiate to settle the outstanding Issues.
Upon notification by the Union that an impasse existed, the Florida Public
Employee Relations Commission invoked the Special Master Proceeding, Pursuant to
the Special Master Process, Professor W, Gary Vause was mutually selected by the
parties to hear the issues in dispute and to render a recommended decision on each, A
public hearing was conducted by Professor Vause In the City of Clearwater on October
31, 1990. This hearing was only one month after the expiration of the previous contract.
Because of the number of issues Involved, Professor Vause extended the peri09
of time to file hIs recommended decision until December 28, 1990. A summary of the,
Special Master's recommendations is attached as attachment A, A full copy of the
Special Master's recommended decision is attached as attachment B.
On January 11, 1991, the Employer and the Union met for the purpose of
discussing the Special Master's recommendations. The Union informed the Employer it
would except the Spe~lal Master's recommendations, in their entirety, if the Employer
would do the same. The employer Indicated that It would not accept the Special Master's
recommendations in total but intended to reject certain recommendations that were
favorable to the Union. In responseJ the Union Informed the Employer that it would also
make rejections to the Special Master's recommendations in view of the fact that the'
,Employer would not except all recommendations. A copy of the City's rejections of the
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special Master's recommendations Is attached as attachment C, A copy of the Union's
rejections of the Special Master's recommendations is attached as attachment D.
A summary of the respective parties rejections and acceptances of the Special
Master's recommend~tions are listed as follows by the number attributed to said
recommendation by the Special Master:
A. CITY'S REJECTIONS OF SPECIAl.. MASTER RECOMMENDATIONS
1, Preamble: Is recommended that the contract be made retroactive to
October 1, 1990.
6. Court Attendance: It is recommended that the City's proposal on article 14,
Section 5 (court attendance) be denied.
8. Wages: It is recommended that the existing pay structure be maintained,
and that the employees receive a five percent (5%) across-the-board pay i.ncrease,
retroactive to October 1, 1990.
10, Merit and Longevity Increases: It Is recommended that the current Merit
and Longevity provisions appearing in Article 14, Section 20 remain unchanged.
14. Duration, Modification and Termination: It is recommended that the contract
should be one (1) year duration, retroactive to October 1, 1990.
B. JJ~ION:S REJEC'rlONS OF S(?ECIAL MASTER RECOMMENOATION
2. Holidays (staffing level and schedules): It is recommended that the City
proposal on hol/days (staffing level and schedules), Article 14, Section 1 (a) I be adopted,
4. Floating Holidays: It is recommended that the Union's' proposal for an
additional floating holiday under Article 14, Section 1 (f) be denied.
5
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5. Vacations: It Is recommended that the Union's proposal with respect to
Article 14, Section 2 (g) and Q) (Vacations) be denied.
7. Funeral Leave: It is recommended that the Union's proposal on Article 14.
Section 7 (Funeral Leave) be denied,
C. RECOMMENDATIONS OF SPECIAL MASTER ACCEPTED BY BOTH THE
CITY AND THE UNIQtt
3. Holiday Premium Pay: Except has already agreed in part by the Union
(deletion of lILabor Dayll), it is recommended that the City's proposed change for Article
14, Section 1 (d) be denied.
9. Shift Differential: It is recommended that the Union's proposals with respect
to the shift differential be denied, with the exception of its proposal that the following
language be deleted from Article 14, Section 14 (b):
temporary shift or duty assignments of less than thirty (30) calendar
days shall not entitle an officer to shift differential pay. Employees in
the Bargaining unit assigned for initial or remedial training under the
FTO program shall not be entitled to shift differential pay.
I agree with Union that the above language should be deleted from Article 14,
Section 14 (b). and I recommend that this language be adopted.
11 , Off-Duty Calls: It is recommended that the City's proposal be adopted.
, 2. Contract Constitution Entire Agreement: It Is recommended that the City's
proposal for a reopener provision under Article 18 be denied.
13. Review Boards: It is recommended that both the Union and the City
proposals be d~nied, and that the current language of Article 21 (Review Boards) remain
6
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unchanged,
15. SIck/Injury Pay (New Language): It is recommended that the City's proposal
on this Issue be denied.
In addition to the above items which were not rejected in the City's notice of
rejection of Special Master recommendations to the Public Employee Relations
Commission, the City stated as Follows:
STIPULATED LANGUAGE: The city reaffirms its agreement with the
Union that the City Commission is vested with the authority to impose those
articles to which the parties have agreed are at impasse but to which they
have stipulated as to the appropriate language to be Imposed.
The Union also agrees and stipulates that the City is vested with the authority to
impose those articles to which the parties have agreed are at impasse and have
stipulated as to the appropriate language to be imposed.
7
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However. all indications to the Union are that the' City will not be willing to do this.
Accordingly. the Union makes the following statements In opposition of the
recommendations which it has rejected and In support of Its position on the
recommendations rejected by the City. The following positions are in support and In
rejection of various Issue in the order in which the Special Master made them.
1. Preamble: It is recommended that the contract be made retroactive to
October 1, 1990.
The City re.iected this'recommendation. The Union accepts this recommendation
and in support of same states as follows:
The City seeks to change the language of the preamble to make the contract not
be retroactive to October 1. 1990. The Union opposes this change. The Union seeks
a one year contract, retroactive to October 1. 1990.
Retroactivity Is sought by the Union in. order to fully benefit from any pay and
benefit increases achieved at bargaining. Denial of retroactivity will result in loss of pay
increases for the time period since October 1. 1990. The City seeks to have the Union
forfeit retroactivity as punishment to the Union for its not having accepted the onerous
contract changes the City seeks to impose upon.
The legislature has established the'impasse procedure to resolve contract disputes
as a alternative to the right to strike. The city should not deny retroactivity as a punitive
measure against the Union for exercising its right to challenge managements drastic take
backs.
'The Union and City have continuously bargained In good faith and without delay
9
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to achieve a contract. To deny retroactivity will have .the future result of both parties
having to commence bargaining earlier and impasse being declared sooner.
Such a
result does not work to the advantage of either the City or the Union. Accordingly, the
,Union requests the City commission to make the contract retroactive.
2. Holldays-(stafflng level and schedules): It Is recommended that the
City proposal on holidays (staffing level and schedules), Article 14, Section 1 (a),
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be adopted.
The City has accepted this proposal. But the Union has rejected same. In support
of the Union's rejection. it states as follows.
The parties agreed to amend Article 14, Section 1 (a) and (d) so Martin' Luther
King Day would be added as a named holiday and the costs of so doing would be
absorbed by Labor Day being deleted In Article 14, Section 1 (d) as a premium holiday
for pay purposes.
However. a dispute remains between the parties on Article 14, Section 1 (a). The
present contract language permits the City to determine whether an employee will work
on holidays. reserves the right to determine the appropriate level of staffing and the
schedule of employees on holidays, with the exception of assigned uniformed street
officers, The City seeks to amend the existing language which prevents the city from
changing the staffing level and schedule of assigned uniformed street officers.
The rationale offered by the city for Its proposal was that confusion allegedly exists
as to who are the employees assigned as uniformed street officers. The City's witness
testified that It 'Nas not the City's purpose to change scheduling of assigned uniformed
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hundred and sixty (160) hours (20 days), There are no increases In vacation after the
sixteenth year.
The Union's proposal serves the purpose of providing needed time off from a high
pressure job. It further provides incentive to a. senior employees to remain police officers
after the e~piration of twenty (20) year's service.
City's exhibit 1 provided to the Special Master contains a comparison of
Clearwater's vacations benefits with surrounding local jurisdictions. This comparison
shows that the City of St. Petersburg, Florida gives more vacation hours to police officers
than Clearwater, beginning in the fifth year. After the fifth year, St. Petersburg provides
progressively more vacation than Clearwater, resulting in twenty-five (25) days in the
nineteenth (19th) year, This evidence clearly corroborates the Union's request for more
vacation time.
Therefore, the City Is urged to grant this Union request.
6. COURT A1TENDANCE: It is recommended that the City's proposal on
Article 14, Se'-tion 5 (Court Attendance) be denied.
The City has rejected this Special Master's recommendation. The Union has
accepted it. The City's rejection of this recommendation should be denied and the
Special Master's recommendation granted for the following reasons.
The City seeks to reduce minimum paid time for court attendance from the current
three hours to two hours for aU courts. According to the City's testimony and documents,
this would result In a pay decrease to employees of over one percent.
Under the present system, employees are paid a mini~um of three (3) hours pay
14
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if they appear In County or Circuit Court other than traffic division. If employees appear
in traffic division of County Court they are paid a minimum of two hours pay unless It Is
out of their assigned areas. In that event, the employees receive three (3) hours.
The City further seeks to reduce court standby time from three hours to two hours.
The City's requested reduction in benefits would cause a substantial financial
hardship on employees. Further, the disruption caused to an employee who is off duty,
who must get dressed, go to court and testify is burdensome, It interferes with the
employee's off duty plans and can create a hardship on the family unit.
The City has been paying employees the minimum three hours for years. There
is no justification offered by the City to show a need for reduction of this valuable benefit.
Accordingly, the City Commission is requested to deny the City's request.
7. FUNERAL LEAVE; It Is recommended that the Union's proposal on
Article 14, Section 7 (Funeral Leave) be denied.
The Union has rejected this recommendation of the Special Master, The Union
urges the City Commission to grant this request for the following reasons.
The Union seeks to increase the number of days of funeral leave for "lmmedlate"
family from four to five and seeks to include "aunt or uncle" to the group of people defined
as "immediate" family. Further, the Union seeks to Increase the number of days for
funeral leave for "close II family from two four days.
The Union's support for this proposal is that four days and two days respectively
are insufficient to take care of the details of travel (often to points out of state), funeral
arrangements and family business associated with a death. Further, an appropriate
15
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period of time for grief must be accommodated before a person is put back into the
demands and stressed of law enforcement.
In addition, an aunt or uncle certainly should qualify as "immediate" family.
The City's cost projections for this request show only a $1,552.34 expense,
exclusive of aunts or uncles. This cost is certainly dlmlnimus when compared to the
value such additional time would have upon a police officer and his family at such a
critical poi nt.
Accordingly, the City Commission is requested to grant this Union proposal.
8. WAGES: It Is recommended that the existing pay structure be
maintained and that the employees receive a five (5%) percent across-the-board
pay Increase, retroactive to October 1, 1990.
The City has rejected this recommendation of the Special Master, The Union
request that the City Commission grant this recommendation for the following reasons,
The City seeks to abolish its long standing pay plan and to convert to a so called
IImerit pay plan". The City proposes to increase the pay schedule by raising the pay range
by one and one half percent at the bottom and at the top. The City then would institute
a performance review appraisal on the employee's seniority date and base any pay
increases upon a schedule of potential raises over varying time periods based on years
of service and evaluations,
The Union adamantly opposes this City proposal.
!t should be noted that under the City's proposal, employees would advance
through the pay schedule in a non-systematic manner. During the first five years,
16
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employees would be eligible for annual merit raises of ~ range from two percent to six
percent. Yet, after the first five years of service, employees would no longer get annual
merit Increases. Instead, employees would then be evaluated on 1b.m..e intervals of twQ
Y-e.aJ:S each, For each of these two year Intervals, an employee would be eligible for a
maximum of three percent and minimum of one percent. When these percents are
divided by the two years In each interval, it yields a maximum annual potential Increase
for an exceptional employee of one and one half percent, per annum and a minimum for
a satisfactory employee of one half of one percent, per annum.
Thereafter, it gets worse. Following the three intervals of two years each, the City
then proposes merit Increases only every four year interval. The City proposes a
maximum four year pay raise of three percent for the exceptional employee which yields
an annual pay raise' of three fourths of one percent (Le., ,75 of one percent). The City
proposes a minimum pay .r~ise on the fourth year of one percent for a satisfactory
evaluation Which yields an annual pa.y raise of one quarter of one percent (i.e., .25 of one
percent) .
In initiating this new pay system, the City did not tell the Union or the Special
Master how it would grant pay raises for the employees in the 1990/91 fiscal year who
are presently In the various time intervals. Presumably, an employee beyond five years
service will not get any raise unless he falls in the second year of the three two year
Intervals 9r the fourth year of the four year Intervals.
The City does not hav~ a current evaluation system which is objective in nature.
The City evaluates,an employee q!Jarterly and once annually. The City's evaluation forms
17
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were put Into evidence before the Special Master. Th,ey show a system of evaluation
which is totally subjective in nature. The evaluation system contains no objective criteria
against which to compare the performance of an employee, The City has no plans to
amend Its evaluation form or to develop standards and criteria for objective evaluation.
As such, the City's so called merit pay system will result in no more than a popularity
contest fraught with favoritism and bias. It Is In no manner or fashion a system upon
which an employee can reasonably rely to have his performance and raises fairly
assessed, Therefore, the very foundation upon which the City seeks to base its merit pay
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system is faulty, Until such time as the City has developed a rational merit pay system
based upon objective criteria, it should not seek to impose such a plan on its employees.
The Union has sought a six percent pay raise, across-the-board, for all bargaining
unit members for fiscal year 1990/91. The evidence has shown that from 1975, the
employees have never gotten less than a five (5) percent across-the -board increase.
Further, those increases have always been retroactive to October 1st of each fiscal year,
If the City does not grant retroactivity, the wage increase given will only be
prospective In effect. Assuming that the Impasse procedures and voting will not be
completed until February 1991, there will only be six to seven months of any pay increase
to be realized in fiscal year 1991/91. Therefore, should the City ultimately grant the entire
six percent sought by the Union, it would translate e'ffectively to only approximately three
percent for the year.
The economic evidence produced by the City shows that the pay schedule
Increase offeied by the City places Clearwater employees well below similar employees
18
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employed by the comparable jurisdictions of the CI-ty of Tampa, the Hllllsborough County
Sheriffs Office, the City of St. Petersburg and the Pinellas County Sheriff's Office.
Further, the 1 .5 percent pay schedule increase presently offerred is well below the
2.5 percent shown for aU comparable local jurisdictions. When the 1.5 percent Is reduced
due to no retroactivity being granted, the proposed schedule Increase Is effectively
reduced to approximately three quarters of one percent (i.e., .75 of one percent).
The City's evidence shows that salaries In cities of comparable population size In
the State of Florida are giving an average of 3.5 percent increase for the year.
The City has totally failed to show any evidence to support its 1.5 percent pay
schedule increase.
Further, the City has totally fail~d to offer any evidence to
substantiate Its merit pay plan as having been adopted by any other jurisdictions In the
State.
The evidence shows that historically the City has given a minimum five percent pay
raise to employees since 1975. The evidence has shown that the six percent across-
the-board raise requested by the Union would elevate beginning salaries to $23,960.99
per annum and 'maximum salaries to $33,762.00 per annum. This minimum/maximum
salary would still place Clearwater employees below Ft. Lauderdale. Miami Beach,
Hollywood, Hialeah, Tampa, HlIlsborough County Sheriff's Office and 81. Petersburg.
Further, when lack of retroactivity Is taKen into consideration, real dollars in effective pay
would be even less.
The consumer price index has shown a 6.1 perce'nt cost of living increase for 1990.
The six percent requested by the Union would result In .only a break even with the costs
19
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of living.
The evidence has shown absolutely no justification for the City's proposed merit
pay plan or the City's proposed pay schedule Increase of one and one half percent. The
evidence has clearly shown that the six percent pay raise requested by the Union is
justified.
Accordingly, the City Commission is requested to grant the Union's requested
wage increase and to deny the City's change in pay structure.
10.. MERIT AND LONGEVITY INCREASES: It is recommended that the
current merit arid longevity provisions appearing in Article 14, Section 20 remain
uncl:aanged.
The City rejects the above Special Master ~ecommendation. The Union urges the
City Commission to follow the Special Master's recommendation and deny the City's
proposal for the following reasons.
The City seeks to eliminate all of the present merit and longevity increases now
enjoyed by members of the bargaining unit and to substitute the previously discussed
merit pay system.
Under the present pay plan, employees presently receive a merit pay increase of
5% at the end of the 1 st, 2nd, 3rd, 4th and 5th years of service. This merit increase is'
in addition to any across-the-board pay iJ:lcreases otherwise negotiated by the Union.
However it Is only given if the employee is performing satisfactory or better.
Further, employees presently receive longevity increases of 21/2% at the end of
the 7th, 9th, 11 th and 15th years"of service, These Increases are also In addition to any
20
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across-the-board pay Increases.
Consequently, the City Commission can see that such an elimination would
drastically reduce the pay rate of bargaining unit employees.
The Union seeks no change In the merit and longevity provisions of the contract.
The city offered no evidence to support Its proposal to eliminate these benefits. The
Union urges the City Commission to deny the City 's proposal and leave the current merit
and longevity increases unchanged.
14. DURATION, MODIFICAT!ON AND TERMINATION: It Is recommended
that the contract should be of one (1) year duration retroactive to October 1, 1990.
The City rejects this recommendation. The Union urges the City Commission to
accept this recommendation for the following reasons.
The Union seeks to make the contact for fiscal year 1990/91 and'retroactive to
October 1, 1990. The City seeks a three year contract and retroactivity.
The City can not legally Impose a contract for any time period beyond the
remainder of the current fiscal year.
In regard to retroactivity, the Union urges the City Commission to grant retroactivity
to October 1, 1990. In support of same the Union reiterates that good faith bargaining
occurred between the parties, That the procedure followed by the parties was in strict
compliance with the law. There has been no delay by the Union in this process,
Unless retroactivity is granted, any economic benefits given, the Union will have
approximately one half of their stated value due to so much of the fiscal year elapsing
before they can be granted. The result will necessarily be that In the future ,bargaining
21
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will have to commence earlier in the year and Impasse, declared sooner. This is to no
ones advantage.
Therefore, the City Commission is urged to grant retroactivity and a one year
contract.
22
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IV. CONCLUSION
The Union strongly urges the City. Commission to adopt the Special Master's
recommendation as a total package.' Should It be the City Commission's intention not to
do so, the Union requests that the City Commission grant those matters in dispute as
stated herein in accordance with the Union's request.
/1'7
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CARY A, LETARY
ATTORNEY FOR THE UNI
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23
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The City o~ Clea
Fra'te~a1. Order 0
:tar and the FJ.ori.da S'ta.ta Ledge,
POlice, Lodga Ko. 10
issue and
s r:r of 1teco_a~:a..tio:21s
])y sP"f:!a1. Ha.si:G~ w. c:u:y Va.l1sa
lteeommer-hai:ion
1..
~Gamble: :It is
ret:roa~ive. to 0
.
commended that the contract: be made
ber :1., ],990.
g La~el and Scbedules): J:t is
e cii;y proposa1 on Holidays (sta:r~inq
s), Artic1e 14, section 1(a), b$ aaoptad.
2.
Holidays - (start
reco211me11.ded t:.ba1:
Leval and. Sche.dul
3. Ho114ay Premium P : Exce.pt: as already aC1Jreed in part by
the Union 'dE'~ei:i of "Labor Day"), it: is recommendeCi tha~
1;he city's propos d changa for Ari:icle 14, Section 1(<1) be
denied.
"
4. Floa.Ung Bo1iclaya;: 11: is rec()ll\JZlazsded that the vni.on'g
propos~l ~or an a d:U:ionaL :f1oat:1ng- holiday U1'1der Article
14, Se~1Qn 1(f) e denied.. ,
5. VacG.:tions:, Xi: 'is recomm4Ulded th&t the. OMen'. propasa1 with
respect: 1:Q A2:t:ic1. 14, Section 2 (9) and (j) (Vacations) })e
denied.
.
6.
Co1.1rt Attendance:
proposal. on Art:ic
denied.
:It is: reco1lllllen.ded 'that 'the ci:ty's
e 1.4, Seotion 5 (Court A.1:tenda.nce) be
7.
Pune.ra.1 Leave:
on article 14,
~ r~o-.ended that the trni<)I1' s proposa1
tion 7 (Funeral Leave} !)e de111ec1.
8. WagelS 1 1:t i~ z:ec mmenc!ad t:b.at tha cud.stiaq pa.y ci:ruct:u.r.' be
'maintained, and at tbe employeaa reoe1'YQ a t1V6 percent
(5" aoro'Ss-the- arc! pay increase, retroaat.iv. to OCf;cber
1, 1990.
9. : xt i8 reeomaEmdod 1:hat. 'tha union's
, proposals 'With peet. ~C) 1:ba abitt ~fU'em:ia1 be c:len1a4,
with. the excep1:io of its proposal t:ha1: the following
langQag-8 be delet d t'Z:OIll A:t'tio1e 14, Sec1:ion ,14 (b) :
i:eaporary sh rt or dUty assignmen.'tIJ o~ ~ess 1:han t.hi.rty
(30) calenda days shall not: .nt::l:'tl.o an of~lcar to
"
6
Attachment A
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spec1~~ Master Proceed!
Suramary of Racom:mendati
Page 2
t:lhift differ
unit assigue
the no pro
di~;terQntial
:c agree with
be del.eted from
recommended tha.t
:tie.l pay. Employees in the bargaining
for initial or remedial 'training undet:
sha11 not be entitled to shift:
ay-
e Union t:hat the abOve languag-e should
iele 14, s6ction 14 (b). and x
is ch.nge be adopted.
Increaser: I It is reoo_ehd~ 'tha"1: 'the
ng-ovi1:y provis1ona appearing in Art:ic:le
in unchanged. \
is recommended that the cityl'S proposal
11.
Heriot and. LongQvi
eurreni: merit and.
14, section 20 r
Off-Dut-yo Calls:
be adopted.
12. Contract Constitu s'.Entire Agreem.ent: J:1: is racomme.nded
that 'the city's p' ppsal ~or a reopener provision under
Article 18 be den. d~'
10.
13. Revie.w Boards: J: is recommended 'that both the Uni'On and
the city proposal be denied, arid that 'the current langu"ge
ot Article 21 (Re iow Boards) remain unchanqed.
14. Dura.tion, KcCl1t'i tion and ~ermina.tion: :Ie is recommended
thai: the contrac:t should ):)e of one (1) rear duratiOn,
retroac1:ive 1:0 OC obGr 1, ,1990.
, 15. sick/Injury Pay ( ew Iang\1age): I:t iu recommended thai: the
ciey propos:al on is issue be denied.
,
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APPEARANCES
Employer Representative
union Representative ,
Harrison C.
and Deborah
Counsel for Clearwater
Thompson, sizemore
& Gonzalez, P.A.
P.o. Box 639
Tampa, FL 33601
Thompson, Jr.,
s. Crumbley,
Esq.
Esq.
Cary R. Singletary, Esq.
Counsel for the Union
315 E. Madison st., suite 500
Tampa, FL 33602
WITNESSES
Called by the Employer:
Called by the Union:
Kathy S. Rice
Assist. City Manager
for Administration
Peter A. Fire
President,
FOP Lodge No. 10
Joan Papinchock
Classification and Pay Manager
Vice
FOP
James H. Gravely
President
Lodge No.
10
Ed Desmaris, Deputy Chief
Police Department
Mike Laursen
Director of Personnel
sid Klein,
Police
Chief
Department
2
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(1) comparison of the annual income of employntent of the
pUblic employees in question with the annual income of
employment maintained for the same or similar work of
employees exhibiting like or similar skills under the same or
similar working conditions in the local operating area
involved.
(2) Comparison of the arlnual income of employment of the
public employees in question with the annual income of
employment of public employees in similar public employee
governmental bodies of comparable size within the state.
(3) The interest and welfare of the public.
(4) Comparison of peculiarities of employment in regard to
other trades or professions, specifically with respect to:
(a) Hazards of employment.
(b) Physical qualifications.
(c) Educational qualifications.
(d) Intellectual qualifications.
(e) -Job training and skills.
(f) Retirement plans.
(g) Sick leave.
(h) Job security.
(5) Availability of funds.
Both the Union and the City adduced a substantial body of
documentary evidence, supplemented by sworn testimony, addressing
many of the above factors. The City's evidence and argument focus
primarily upon its current economic condition. While the city does
not claim "inability to pay" the Union's economic demands, it,does
urge the Special Master to give special attention to the statutory
f,actor of lIavailability of funds," listed above in Florida statutes
S447.405 (5).
More specifically, the City argues that based upon
the evidence showing the City's current a~d projected fi~ancial_
situation! it would be fiscally irresponsible for the City to
concede to the Union's demands.
The following excerpt from the
7
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city's pbst-hearing brief summarizes the City's position:
Fiscal indicators project the'City's ability in the long
run to pay all of the costs of doing business. One of the
largest sources of revenue for compensating police offers is
property taxes, which constitutes approximately thirty-three
(33) percent of the General Fund. In reviewing the ten year
trend with regard to property values wi thin the City in
constant dollars, * the evidence showed that up until recently,
property values in the City were increasing every year. The
trend reversed itself in 1989 with the city actually
experiencing a decrease of 1.4 percent. The city anticipates
this trend to continue, given that only approximately 1,030
acres of land within the city limits remains undeveloped.
The next largest sources of revenue for the City are the
franchise and utility taxes, which comprise some 24 percent
of the General Fund. Unfortunately, both of these sources are
at their maximum taxing level and cannot be increased.
Another potential source of revenue, intergovernmental
funds, are genera1ly dependent on the size of the city. since
it appears at this point that the city's projected population
may fall short of its actual population as contained in the
1990 census, the City is rightly concerned about a possible
reduction in the City's .proportional share of
intergovernmental funds.
Another fiscal indicator considered by the City in
formuJ.ating its bargaining position is it~ current liabilities
versus its net operating revenue. As explained by Ms. Rice,
in three (3) out of the last four (4) years, the City has had
more accrued debt than net operating revenue.' The fiscal
indicator of net operating expenditures also revealed a
negative trend in both real and constant dollars. In real
dollars, the City's net operating expenditures increased some
twenty-eight (28) million dollars in the last ten (10) years.
In constant dollars, net operating expenditures increased some
thirteen (13) million dollars. In light of these fiscal
indicators, the City naturally turned to personnel services
as a place to hold down costs, since it comprises some sixty-
eight (68) percent of the General Fund expenditures. Cost
containment is warranted under the 'facts set forth above.
* Constant dollars are dollars which possess the same buying
power in 1980 as in 1990.
8
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IV.
DISCUSSION AND RECOMMENDATIONS
1. PREAMBLE (RETROACTIVITY)
A. CONTRACT LANGUAGE (1981-1990)
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This Agreement is entered into ~ecti ve this 1st day Qf
October 1987, between the City of Clearwater, Florida,
hereinafter referred to as the "City" and the Florida state
Lodge of the Fraternal Order of POlice, hereinafter referred
to as the "Union".... [Emphasis added]
B. PROPOSALS OF THE PARTIES
The City opposes the granting of retroactive benefits or pay
increases,
and proposes
tha t the under 1 ined
language above be
~eplaced with
Union opposes
"effective this
date
of signed contract."
The
any
language
that
would
deny
the
employees
retroactive salary increases,
and proposes that 'the contract be
made effective on October 1, 1990.
C. DISCUSSION AND ANALYSIS
As will be discussed below in item 14, the Union seeks a one-
year contract, retroactive to October 1, 1990, and the City seeks
a three-year contract, with no retroactivity.
The Union stated
that
it
considers
the
City's
denial
of
retroactivity
to
be
"punitive. II
In its post-hearing brief, the City explains that it
has no desire to punish the Union for the parties' failure to reach
an agreement prior to October 1, 1990, but merely seeks to provide
an incentive to reach early agreements 'in the future.
The City
assumes that if contract.u;::l benefits are not made retroactive,
future negotiations will move more quickly towards a conclusion.
Parenthetically, the City refers to S447.403(4) (e) of the Florida
statutes and questions "whether retroactivity is even a proper
11
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subject for this hearing since it apparently' cannot be imposed by
the legislative body."
In its early years,
the Florida PERC applied a theory of
"cyclical benefits" to annual salary step increases, and held that
no violation of the Florida Public Employees Relations Act (PERA)
occurred when an emp10yer unilaterally refused to provide annual
step
increases
an
in
reflected
expired
contractual
salary
as
schedule.
Pinellas County PEA v. city of st. Petersburg, 13 FPER
~lB,116~ at page 277 (1987)
In 1982, PERCabroqated the cyclical
benefit theory in the case of Nassau Teachers Association v. School
Board of Nassau Countv, 8 FPER 113,206 (1982), and found tnat a
public employer commits an unfair labor practice by suspending
payment of annual salary increments as provided in an established
schedule in the expired agreement.
In their legal argument, counsel for the City conclude that
this doctrinal shift made by PERC in Nassau county removed any
incentive that unions had to bargain to an early settlement of waC]e
issues
because
decision
insured
the
that
scheduled
salary
increments would be paid regardless of delays in settlement. By
denying retroactivity,
the ci ty therefore hopes to build into
negotiations a form of "incentive" for early settlement.
The position of eacn party has its own merits, and I have
consid~~ed them both oarefully.
My task in addressing the wage
issue is to determine a fair amount of wage increases in view of
all the circumstances and evidence presented in this case, taking
into account the factors
listed
of
in
s
447.405
the Florida
12
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the
prospect
of
over
heads
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statutes.
In so doing,
I do not wish
to establish any system of
compensation
or
retroactivity
which
would
unduly
distort
tl1e
bargaining process in future'years of
bargaining.
In my opinion,
to abolish the past practice of granting retroactive payment of
salary increases and establish a precedent of withholding a fa~r
wage inc~ease until an agreement is reached would unfairly shift
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the burden of compromise to the Union.
It would give the Employer
an u~fair advantage in bargaining, whereby the Employer could hold
wage
losses
the
of
the
Union's
negotiators until they agreed to the Employer's position.
There
may be circumstances in which a denial of'retroactivity would be
entirely,
appropriate.
However,
I
find
no
such
special
circumstances applicable in this case.
E. RECOMMENDED DECISION
It is recommended that the contract be made retroactive to
October 1,
1990.
13
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2.
HOLIDAYS
(STAFFING LEVEL AND
SCHEDULES)
-
Article
14,
section
1'(a)
A.
CONTRAC'!'
LANGUAGE
(1987-1990)
ARTICLE
14
DIRECT 'ECONOMIC
PROVISIONS
section
1.
Holidays
(a) There
celebrated
shall
on the
be nine (9)
specific
paid holidays.
dates given. They
They shall
sha11 be:
be
.
.Jan. 1
. Feb. 2 :2
.May 30
.July 4
.1st Mon. in Sept.
.Nov. 11
.4th Thurs. in Nov.
.December 25
.pay period in
which birthday falls
New Year's Day
Washington's Birthday.
Memorial Day
Independence Day
Labor Day.
Veteran's Day.
Thanksgiving Day .
Christmas Day.
Employee's Birthday.
.
.
.
.
.
.
.
.
.
.
.
.
.
shall determine
and reserves the
level of staffing and the schedule
the h01idays. This does not
street officers. [Emphasis
whether
right to
an
determine
employee will work on
the appropriate
employees will observe on
assigned uniformed
to
The city
holidays
a'Pplv
added]
B. PROPOSALS OF THE PARTIES
The parties have reached agreement that Article 14,
section
l(a) will be amended by adding Martin Luther King Day as a holiday
and that ~he cost of that change wi1l be absorbed by deleting Labor
Day from Article 14, section l(d) as a premium holiday.
A dispute remains over the underlined language in the final
paragraph of Section l(a)
of Article 14.
Section 1 (a)
currently
permits the city to determine whether an employee wi1l work on
hQ~idays,
and reserves
to the City the right to determine the
appropriate level of staffing in the scheduling of employees on
14
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holidays.
An
exception
is
made
for
"assigned
uniformed
street
officers".
The
City
has
proposed
a
language
change
which
would
delete
the contractual
exception
for assigned uniformed
street officers,
thereby
allow
City
to
exercise
its
discretion
in
the
determination of the appropriate level of staffing,
the scheduling
of
employees,
and
the
assignment
of all bargaining unit
employees
orl holidays.
The union'opposes this
change.
c.
DISCUSSION AND ANALYSIS
There are two prongs to the City'S argument.
First,
the City
argues that there has been some confusion in the past over exactly
who
fits the definition of an "assigned uniformed patrol officer,"
and the City seeks to eliminate any confusion over this definition
by exercising a discretionary right to schedule all bargaining unit
employees on holidays. . Second, the City states that it wishes to
chanqe the language "in order to clarify that the City retains its
inherent flexibility to allow unneeded patrol employees to have the
holiday
off
to
enjoy
it
wi th their
family."
While
the
City
'recognizes ~hat, by virtue of language in the 1987-1990 contract,
it relinquished any managerial right it might have had to exercise
such unfettered scheduling authority, it now seeks to reassert such
a unilateral management right.
The Union opposes this change, and asserts that if there is
any confusion, it may be remedied quite simply by specifying and
defining who are the "assigned uniform street officers."
By way
of
compromise
the Union
offers
to
clarify
the
contract with
15
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language liIni ting the current exception to "employees assigned to
the patrol division." .The Union argues that the sweep of the
ci ty' s proposal is much too broad to :n..!rely remedy any alleged
definitional problem, and in fact would deprive employees of a very
important contractual' protection. The Union expresses the fear
that "the City only needs this language changed if it intends to
change the policy of not reducing the level of staffing and the
scheduling of employees who are 'assigned uniformed street
officers'."
I am not persuaded by the City argument that change is needed
to remedy "confusion" over the meaning of the language in Article
14, Section l(a). The record does not establish with sufficient
clarity the nature or trequency of the "definitional problems"
alluded to by the city.
However~ the second prong of the City's argument, which is
based upon a need for managerial control over workforce levels,
does have merit. The following excerpt from the city's post-
hearing brief emphasizes the City's concern:
To force the city to give up its managerial right to retain
control over scheduling-, merely because it may hurt the
employees' pocketbook if he or she is allowed to stay home and
be paid only eight (8) hours of holiday pay instead of up to
twenty (20) hours if the employee exercises his or her option
to work on the holiday is ludicrous.
The City proposal does not deprive employees of holiday pay,
but it does allow the City to bring costs and scheduling levels
wi thin the City's control. Control over workforce levels and
standards of service to the community is a very important
16
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managerial responsibility, as recogni~ed in Section 446.209 of the
Florida statutes:
It is the right of the public employer
unilaterally the purpose of each of its constituent
set standards of services to be offered
exercise control and discretion over its
operations.
to
determine
agencies~
the public, and
organization and
D. RECOMMENDED DECISION
It is recommended that the City proposal on Holidays (Staffing
Level and Schedules), Article 14,
Section 1 (a) ,
be adopted.
17
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3. HOLIDAY PREMIUM PAY - Article ~4, section ~ Cd)
A. CONTRACT LANGUAGE (1987-1990)
(d) Employees
Independence Day,
paid at a rate of
who work
Labor
2-1/2
on
Day,
ti.mes
Christmas Day, New
and Thanksgiving
regular pay.
Year's Day,
Day shall be
B. PROPOSALS OF '!IRE PARTIES
The City proposes the following language changes in Article
14, section 1 (d):
(d) Employees who
Day, New Year's
Thanksgiving Day
regular pay.
work
Day,
shall
eiqht (8) hours
Independence
be paid at a
or
Day,
rate
more on Christmas
#!E9Ft;:;;~Hf!~ . and
of 2-1/2 t~mes
The Union has agreed to the deletion of "Labor Day",
but
opposes the proposed addition of the underlined ~anquage,
"eight
(8) hours or more".
c. DISCUSSION AND ANALYSIS,
The Union's concern here is that the City's proposal would
vicerate the premium pay system now applicable to certain holidays
by
requiring
an
employee
to
work
eight hours
or
more
before
qualifying for the current premium holiday pay benefit of 2-1/2
times regular pay.
There is no evidence to show that there have been abuses under
the existing language, nor is there evidence to show that there is
any particular rationale for requiring eight (8) or more hours of
service as a prerequisite for receipt of this benefit.
The City'S
proposal appears to be a cost-cutting measure.
I am not persuaded
that this is an appropriate area for reduction at this time.
18
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4.
FLOATING HOLIDAYS
Article
14,
Sect.ion
let)
A.
CONTRACT LANGUAGE
(1987-1990)"
addition to the holidays named above,
three (3) floating holidays.
with pay and taken at the
that operations will not be interfered with.
holidays shall be awarded each October 1 an4 must be
September 30 of the following year. An employee may
elect to take one, two, or all three floating holidays as a
cash stipend by notifying the Department during September of
each fiscal year. In that case, the employee will be paid at
the rate of eight (8) hours for each holiday for which the
employee makes this election.
In
entitled to
off
employees shall
These days may
employee's request
(f)
be
be days
provided
Floating
taken by
B,
POSITIONS
OF
TEE PAR'l'I:ES
The City proposes language which specifies procedures by which
floating
holidays
are
to be
granted
and
which
reduces
the
number
of
floating holidays employees may have during their first year of
employment.
The
Union
has
stated
that
it
agrees
wi th. these
changes.
The remaining dispute is over the Union's proposal that
the contract be amended to provide an additional (fourth) floating
holiday.
C. DISCUSSION AND ANALYSI:S
The Union proposes a fourth floating holiday "based upon the
need of employees to have time off to cope with the stress of the
rigorous profession of law enforcement."
The Union argues that
the additional floating holiday will permit an employee to take a
day off when needed to relax,
calm down and otherwise keep a
healthy work'attitude.
The Union notes that such a need arises
from the stresses of job danger, rotating shifts, court testimony
and increased work loads for police officers.
20
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officers to jOb-related stress.
Those who undertake such work on
... .. .. ';.". "\>'~ ,l. ~ ,~t. '..~ .'
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;;'.', '
, "
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" . ; " ~, 1": ,"
'- "" ff
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',"
'!."c,', ..,,...,,,,),,,L,, '''''''I[S
I,
, ,/<7:>:<,
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......
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The City opposes the additional floating holiday principally
for economic reasons. According to the city, such an additional
holiday for the 171 members of the bargaining unit would either
mean that (1)
each police officer would take an extra day off
,,;' i~~~~;~~:]Q~;i0d",,}/:'
1'" ," '.. ".{" ,', ,"'" " .. f
":;~~<:::':;'~:j';i';~~' :'~;j>~~Af~!i:'~l
t. .~. ~.' ~),l.,. .' ~~. ,~_.....'~' ~
;i':;t(!<: ':~~~~if;~f:':!1
::.j, ..' ,/, .', '1, . ,.', 1
~. \ ~ .;,:?:~:.~,:: . ~
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during the remaining portion of the fiscal year and the City would
be obligated to fill such open positions,
or (2) the employees
would not take the day off and the City would be obligated to pay
them for th~t day upon timely notification to the City. According
to the city's calculations, this new benefit would cost the City
an average of $114.00 (for a police officer with eight years of
experience)
plus additional related benefit costs.
Moreover, the
City argues that the current holiday benefits are competitive when
compared with those of other municipalities in the local operating
area.
It is well known that police work is rigorous and exposes
behalf of the public are to be commended and certainly are entitled
to reasonable periods of rest and relaxation. There is nothing in
the record, however, to indicate a special need for an additional
floating
reviewed
holiday in
this particular
bargaining
unit. I
have
the evidence
adduced by both
parties on
this point,
and
the holiday package for Clearwater police officers appears to be
competitive
when compared
in the
to
holiday
benefits
provided
by
other
municipali:ties
in its argument,
holidays already
local operating area.
As noted by the City
the ten designated holidays and three ,floating
agreed to by the c~ty provide more holidays to
21
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'W~I;'<"';"';f.":,,t,'!f1!(~*J.'t!t';Y~;\"'!!:~('l'~il'~. :.:~,"il'it~~~~"'f.~~~Wt.!'
: ", .~ "~~ :'. <. .~~. ..~~:.:; .;:: !::.. -:.. '~ ;.'" .: ~ .~~.: ~ ~ : .>:~~~' , .:. .;(->}':." ~':~:':' . '::.~ ;;,....,. \i'~~'J:.~"~ \~.:::~f.:' .
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5. VACATrONS - Article 14, Sec~ion 2(Q) and (i)
A. CONTRAC'r LANGUAGE (1987-1990) ,
(a) Every full-time employee who is compensated on a salarie,d
or hourly-rated basis shall be entitled to an annual vacation
leave wi th pay at his regular salary or hourly rate in
accordance with the provisions hereinafter set forth.
***
(9) with the prior approval of the appropriate Department
head, an employee's vacation leave may be accumulated up to
but not exceeding the number of days that can be accumulated
by the employee in two years, except that compensatory time
off if taken in conjunction with an accumulated vacation,
shall not be included in such limitation. For the purposes
of this section, an unused vacation leave, or any portion
thereof, shall be deemed to have been accrued at the end of
the calendar year in which the employee was eligible to take
such vacation. Accumulated vacation therefore, shall be
defined as a combination of accrued and current vacation
leave.
***
(j) The City agrees to continue the current vacation schedule
for the duration of this Agreement.
Years of service Vacation Hours
1 - 2 80
3 88
4 96
5 104
6 112
7 120
8 - 10 128
11 136
12 144
13 - 15 152
16 & over 160
B. PROPOSALS OF THE PAR~XES
The parties already have agreed to' certain language changes
in subsections (a) and (g) above; the remaininq dispute arises from
Union proposals for change under sections (q) and (j). The Union
proposes to add a sentence to Article 14, Section 2(g) to provide
that:
23
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, \
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J/'~=t~-~;\1 ,,1, \. ':'
..... ",.J.: ~~t.:.~.~<'.':..\'2.\Jrl.l " .:" .
'r}: .. '.".'~ ,/~ . .1/..~. " '
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'."j.;
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'r'::,
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. ..'" ,~ .,:,\;~::;.\-'::>:~.~':
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starting in the employee's sixteenth (16th)
may accu:mulate any and all vacation
retirement.
time
year, the Employee
earned, until
The
City
opposes
this
change.
with
respect
to
Article
14,
Section
(j) ,
the
Union
proposes
to increase vacation hours for the senior employees; beginning with
the tenth year of service,
an employee would be given additional
holiday hours as specified in the following proposal by the Union.
The City opposes the above increases in vacation benefits.
c. DXSCUSSION AND ANAL~SIS
Under the 1987-1990 contract,
the vacation schedule permits
a
maxilllum
amount
of
vacation
of
160
hours
(20
days),
with
no
increases
in vacation after the sixteenth year.
With the prior
approval of toe Chief of Police, an employee's vacation leave may
be accumulatea up to but not exceeding the number of days that can
be accumulated by the employee in two years.
In
effect,
the
Union
proposes
to
remove
the
cap
on
24
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, ,
:.:~r~~I
officer.
That calculation was based upon current wage rates and
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time to be cashed out upon retirement,
would have a significant
cost impact on the city.
The City caiculated that the cost of
increasing the hours to 200 per year is
$2,429.90 per officer,
totalling $415,496
for the
171 members
of
the police
officers
bargaining unit.
When added to the, 632
additional hours which
potentially could be carried to retirement and be cashed out at the
highest rate of pay,
this represents a substantial cost impact.
Based
upon
an
assumption
of
retirement
at
twenty
years
(a
conservative
estimate),
the
city
calculated
that
the
Union's
vacation accrual proposal would cost an estimated $9,677.82 per
did not take into account any wage increases between the date of
the calculation and the future date at which the vacation actually
would be paid
out.
That
increase
could
be
several
times
the
current rate.
Given the current general economic conditions and
the limitations of the City'S budget, I am persuaded that the City
has good, reason to deny this Union proposal on financial grounds
alone.
The
Union's
position
also
appears
to
be
internally
inconsistent.
On one hand,
it argues that police officers need
more time off to provide respite from the stresses of pOlice work.
On the other hand, it proposes that police officers should be given
an
opportunity
to
forfeit
time
off
in
order
to
accumulate
a
Vilcation-based
"cash
bonus"
at retirement.
This
inconsistency
weakens the force of the Union's argument.
26
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6. COURT ATTENDANCE - Article 14. section 5
A. CONTRACT LANGUAGE (1987-1990)
section 5..Court Attendance - Any employee whose appearance
is, required in county or circuit court as the result of a
matter arising out of the course of his employment shall
receive a mininum of' three hours pay if such attendance is
during the employee's regularly scheduled time-off. This
provision shall also apply when the employee is subpoenaed to
appear at the state Attorney's Office, Public Defender's
Office, or private attorney's office in a criminal, traffic,
or civil case arising from the employee's course of
employment. When an employee is subpoenaed to Traffic Court
during his regularly scheduled time-off, he will receive a
minimum of two hours pay unless the Traffic Court is convened
outside the officer's assigned area in which c~se, the officer
will receive a minimum of three (3) hours pay. All time paid
for any court attendance will count as time worked.
In all instances of court appearances scheduled less than
three hours prior to an employee's tour of duty, the employee
will be deemed to have started work at the time indicated on
the subpoena and will be paid for all hours worked in excess
of eight hours. In all cases, the enployee will be
responsible to inquire of the department designee between 1600
hours of the day preceding and 0700 hours of the date of the
scheduled court appearance so as to ascertain the status of
the case and receive instructions.
An employee will go on standby status as of the date and time
required by the subpoena if he is subpoenaed to appear in
county or circuit court as the result of a matter arising out
of the course of his employment, provided that this is
agreeable to the cO,art and to the attorney requesting his
presence. An employee on standby under the provisions of this
Section will receive straight time pay for each hour spent on
standby with a ninimum of three hours pay. In the event the
employee is called to report to court during the time he is
on standby, he will be paid only for the actual hours spent
on standby without benefit of the three hours minimum.
Standby time shall be excluded from hours worked computations.
B. POSI~XO~S OF THE PARTIES
The 1987-1990 Collective Bargaining Agreement provides a
number of different benefits related to court attendance. To
summarize in relevant part, employees receive a ~inimum of three
28
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. -.'t,
hours
pay
for
time
spent
in
county
or
circuit
court,
with
the
exception of traffic court,
in which case the officer only receives
a
two-hour
minimum
guarantee
unless
traffic
court
is
convened
outside the
officer's
assigned
area.
In the
latter
situation,
the
officer will receive
a
guaranteed minimum of three hours pay.
For
purposes
of
computing
overtime,
such
pay
is
considered
"hours
worked. II
"standby time"
also
is
provided whereby officers receive
a
minimuIII
of
three
hours
pay
when
placed
on
standby
status
as
a
result
of
a
subpoena
requiring
the
officer
to
appear
in
county
or
circuit court
in
a
matter
arising
out
of
the
course
of
his
or
her
employment.
Officers
receive
straight
time
pay
for
every
hour
spent on standby time, with a minimum of three hours guaranteed.
In contrast to "court time," standby time is not counted as "hours
worked" for purposes of computing overtime.
The
dispute
under Article
14,
section
5
addresses
issues
involving both "court time" and "standby time" pay guarantees.
The
city proposes (1) reduction of both the minimum payment guaranteed
for court time and the minimum payment guaranteed for standby time
to two hours;
(2) the elimination of the third hour of minimum pay
guaranteed when traffic court is convened outside the officer's
assigned area; and (3) that.only tiIIle actually spent in court will
be counted as "hours work" for purposes 'of computing overtime.
The Union opposes all of City'S proposed changes under Article
14, section 5.
29
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c. DISCUSSION AND ANALYSIS
The current practice of paying for court time and standby
time, as embodied in the 1987-1990 Collective Bargaining Agreement,
has been ill effect for a number of years. The City cites financial
hardship as the principal basis for its proposal to reduce those
contractual benefits. According to the testimony of Deputy Chief
Desmarais, the city spent $73,362.31 on court time and standby time
during the period July 1990 through September 1990. Of that
amount, only about 10% constituted "actual hours worked," and the
remainder was time during which the officers made themselves
available to the employer. The city urges the Special Master to
take note of the fact that the great majority of the time paid for
these court-related activities represents time during which the
officers are not actually performing "work" for the city.
The City asserts that Tampa, Hillsborough County and the
Pinellas County Sheriff's Office do not pay court standby tiEe,
while Pinellas Park pays only one hour at a rate of one and one-
half (1-1/2) times the employee's regular rate of pay. Only st.
Petersburg pays more than Clearwater, with its current three hour
minimum payment, for standby time.
Again, the ~ity bases its proposal upon its need to conserve
fiscal resources, and asserts that if its proposal is granted in
this regard, "the cost savings to the City in this area could be
tremendous." The other side of that coin, of course, is that the
loss of benefits to the employees would be equally "tremendous" if
the city's calculations are correct. There may be an appropriate
~;~~~
30
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7.
FUNERAL LE~VE - ~rticle
section 7
14.
A.
CONTRACT LANGUAGE
(1987-1990)
section 7. Funeral Leave - Each employee shall be allowed up
to four (4) days funeral
charge against sick
"immediate family. If
defined as a death of a
grandfather, grandmother, grandchild,
the employee or the employee's spouse.
~':t.'&;~";
N:~i:r
,;':jJ'-ij~;
rtf~~
~Ml
),~...ti'~
F:;;;::/i-!
,"ir.;}j>
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leave with no loss 9f pay and no
leave time in the event of death in the
Death in the "immediate" family shall be
spouse, child, mother, father,
brother or sister of
Additional funeral
may be requested
regulations.
leave for a death in the immediate family
with current rules and
in
accordance
Each employee shall be allowed up to two (2) work days at any
one time for a death of a member of the "close" family
chargeable to sick leave. "Close" family shall be defined as
the following family members: stepparents; stepchildren;
stepbrothers; stepsisters; brother's wife; sister's husband.
Additional time, chargeable to sick leave, may be requested
in accordance with current rules and regulations.
An employee must attend the
for a death in the family.
funeral
in
order to receive pay
B.
PROPOSALS OF THE PARTIES
The Union proposes that the number of days of funeral leave
for "illUllediate family" be increased from four (4) to five (5), and
that aunt and uncle be added to the group of people defined as
II immediate family."
Additionally, the Union proposes to increase
the number of days for funeral leave for "close family" under the
third paragraph above from two (2) days to four (4) days.
The city opposes these changes and urges the Special Master
to keep funeral leave benefits at current levels.
c. DXSCOSSXON AND ANALYSIS
The Union urges the Special Master to accept its proposal
to increase funeral leave be,nefits because, accordinq to the Union,
32
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the current leave time paid by the city is not sufficient to take
care
the details
of
travel,
funeral
and
arrangements
other
of
family
business
associated
family
member.
with
of
the
loss
a
Additionally,
an . appropriate
time
grief
be
period
most
of
for
accommodated before a person
is put back
into
and
the demands
stresses of law enforcement.
According to evidence produced by the city, the City expended
$7,761.60 during 1989 on funeral leave benefits.
It provided a
conservative estimate that, under current pay scales, the granting
of an additional day for immediate families would cost at least
$1,552.00.
Additionally,
the inclusion of aunts and uncles
in
funeral leave could ~nly roughly be estimated at an, approximate
annual cost of $8,538.00 at current salary levels.
The cost for this proposal is relatively modest when compared
to the overall employee budget for this bargaining unit.
However,
the Special Master is concerned that there was inadequate evidence
to show that the present benefits are not competitive.
Although
funeral leave is a sensitive concern for both employer and employee
alike,
it is obvious that the employer cannot bear the burden of
every
such- misfortune
of
strikes
the
workforce.
that
members
Rather,
it can only be hoped that the employer will provide a
competitive - and in that regard, fair - benefit for funeral leave.
The evidence did not disclose any individual examples to illustrate
how this present policy unfairly denies employees benefits that
policemen generally expect,
nor was there evidence to show that
funeral leave in Clearwater is inadequate when compared to similar
33
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8.
WAGES
Article 14. Section 12
A. CONTRACT LANGUAGE (1987-1990)
Article 14, section 12
Wages:
The
October
1, 1988,
of pay will be
1987, and then by an
an additional 5.0%
5.0%, effective
5.0%, on October
1, 1989.
base rate
1,
and
increased lJy
additional
on October
B. PROPOSALS OF THE PARTIES,
The Union proposes that the status quo be maintained with
respect
to
existing
pay plan structure I
which provides
the
across-the-board general increase every year along with five merit
step increases of five percent
(5%)
each based upon satisfactory
performance for the first five years,
with longevity steps paid
thereafter.
The Union
proposes
also
to
add two
and
one - half
percent (2-1/2 %) longevity steps at the thirte~nth and seventeenth
years of service,
The Union's
and every, two years 'thereafter.
be treated
Issue
longevity proposal will
specifically below
in
Number 10.
with respect to genetal' wage increases,
the Union
proposes that the Special Master grant a qeneral wage increase of
six percent (6%) across-the-board.
The City proposes to replace the existing pay plan with the
following merit pay plan:
CITY WAGE PROPOSAL
section 12.
Wages
A. Pay Schedule
The City shall
l.. ..
......argaJ.nlnq
of minimum and
establish and administer a Pay Schedule
unit classificatiQns. Such schedule shall
ma~imum D~V rates for each class.
for.
consist
The minimum and,
become effecti v,e
maximum rates
upon the
Fiscal
final
for
date of
Year
alJoroval
19.2...0-91. t.Q
this
of
3~
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"
"
': ~ t .~:.
, "
. . ~,
Aqreement. shall be
(Fiscal Year 1989-90)
and one-half percent
established bv increasincr the current
cav range minimums ~pd ma~imurns by one
(i-1/2%).
B. Advancement without Schedule
Employees
seniority
oerformance review on their
date consistent with City
adjusted as' hereinafter
an evaluation of less than
will be eligihle for
or crornotional seniority
-practice and said dates may be
described when an emplovee receives
Satisfactory.
Nornal evaluation eligibility shall be cQnsistent with the
followinq time served since the precedinq merit stan was
awarded. Amounts of merit increase for E~ceptiona1. Hiqhly
Successful and satisfactory ratinqs shall be as shown in eaco
group below.
1.
Enplovees First
be elicrible
Exceptional.
ll.:..
Five Years in Job Class - Emplovee shall
for merit increase consideration each Year.
6%: HiCJ~ly Successful. 3-1/2%: Satisfactory 1
2.
Five Years in Job Class - Employee
merit increase consideration
years (each two years).
Highly Successful. 2%: satisfactory,
After First
eliqible for
intervals of two
Exceptional. '3%:
ll.:..
shall be
f or three
3.
After three intervals of 'rwo
eligible for merit increase
years.
EXQ.entiona 1.
ll.:..
2%:
satisfactory-t.
Years Employee shall be
consideration each four
3%:
Highly
Successful.
c.
Merit Increase Denial
Employees who receive an evaluation on their review date of
less than Satisfactory shall not be granted a merit adjustment
Sit tbat t'ime. In such instance. the employee shall be
reev~luated after three m2Dths and if then rated Satisfactory
or higher, shall be qranted a merit increase on that date
consistent with the am9unt establlshed fOJ;: a satisfS!ctorv
re;.tinq. The effective date of ~his adjustnent shall be
utilized for the DurDose of determining subsequent revi~
9ates.
If t\)e three lnon,\,:h follow-up rev;i.ew J,s lass than Satisfactory.
no mer;.t adjustment shall be mad~ at tha~ tJme and the
employee shall be reevalu~ted in another ~br~e mon~ns. It
~ben rated $8tisfactory or hiqher. the employee snall then be
qran~ed a merit pay__adjustment consisten't with the amount
36
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established for a Satisfactory ratina and the effective date
of this adjustment shall be utilized for determining
subseauent review dates. ~f still rated less than
satisfactory. no merit oay adiustment shall be made and the
employee will be evaluated in six months.
D. Resoonsibility for Performance Evaluations
Performance evaluations shall be based on a review of
employee's iob ~erformance and adherence to City
de~artmental rules. reaulations and Drocedures.
the
an.s
Performance evaluations will be initiallY made bY the
employee's immediate sU1;)ervisor. however. review shall be made
throughout the chain of command and the final evaluation uoon
which the merit pay adiustment determination is conditioned
shall be that of the Chief of the DeDartment.
c. DISCUSSION AND ANALYSIS
The City's proposal represents a significant restructuring of
the entire pay plan.
It abandons the step increase system that has
been in effect for many years, grants only a one and one-half (1-
1/2%) percent across-the-board wage increase to all employees, and
implements a new Upay-for-performance" system whereby the employees
may
be
"exceptional"
merit
rewarded
performance
through
for
increases of up to six percent (6%) during the first five years of
employment.
"highly successful"
evaluation would yield an
A
increase
percent
(3-1/2%) ,
while
of
three
and
one-half
satisfactory evaluation would yield an increase-of only two percent
(2%) .
FOllowing the first five years of employment, employee
evaluations would still determine the increase, with the range then
being from one percent (1%) to three percent (3%).
Under this
plan, the amounts received for performance would be sUbject to
negotiation in future years.
The Union adamantly opposes the City's proposed new wage
37
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COMPARISON OF POLICE SALARIES
IN LOCAL JURISDICTZONS
(Prepared October 23, 1990)
City/ Pop. Police Police %
county Officer Officer
Min Max
Tampa 277000 24939 36088
Oct. 1990 25604 3'065
April 1991 26499 37876 **
Hillsborough 80000 25596 3.'215
Sheriff 25596 37215 0%
st. Petersburg 243000 23748 31950
Oct. 1990 24460 32909 0%
Pin. Co. Shf. 287386 22965 35356
Oct. 1990 22965 35356 0%
Jan. 1990 23424 36063 2%
Clearwater 101,000 22604 31851
Proposed 22943 32328 1.5
Largo 70000 22090 31325
Contract not ratified
Dunedin 37000 21067 28739
Oct. 1990 21910 29889 4%
Pinellas Park* 45,000
Oct. 1990 21278 30950 0%
AVERAGE 23414 33530 2.5%
Clearwater %
*0%
date,
economic adjustment, merit
no steps
**Police Officer minimum
Police Officer maximum increases
Numbers in bold were used, in the
increase
up
to
7%
on
anniversary
increases approximately 6% 1990-1991.
approximately 5% 1990-1991.
calculation for average salary.
41.
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It should be noted that the City's calculation of an average
pay increase of 2.5% for the local operating area,
above,
does
not
as reflected
include
substantial
pay
and
merit
the
more
increases reflected in the footnoted material appearing at the
bottom of the chart.
The average minimum starting salary
of
$23,414 reflected in the above survey is higher than the City's
proposed minimum and lower than the Union's proposed minimum.
average
maximum
proposed
maximum
maximum figure.
The
salary
$33,530
the
City's
is
higher
of
than
but
slightly
proposed
Union's
less
than
the
Clearwater has a population of approximately 101 thousand.
Comparisons made for police salaries in cities of ,similar size
yield an average minimum of $23,291 and an average maximum of
$32,787.
A broader state-wide comparison yields an average minimum
of $23,412 and an average maximum of $33,178.
The compar isons
show that the average minimum salary for
pOlice officers in the local operatirig area is $471 higher than
the minimum salary proposed by the ci ty .
The City's proposed
minimum salary is $348 below the average o.f cities of similar size
throughout the state of Florida.
the
City's
proposal
juriSdictions,
with respect to maximum salaries,
is
$1,202
below
the
average
for
local
and $459 below the average for cities of similar
size throughout the state.
The Special Master has two principal concerns with the City'S
position.
First., the new pay structure proposed by the City would
,,1-.
42
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abolish an easily administered pay plan that appears to have worked
well for many years.
While the Special Master is sympathetic with
the
city's
upon
increases
that
should
based
be
concerns
pay
performance,
raises
other
into
also
shou ld
take
account
pay
factors, such as seniority and cost of living_
According to the
u.s. Department of Labor, Bureau of Labor statistics, the annual
increase in the "Consumer Price Index for Urban Wage Earners" from
September 1989 to September 1990 was six and one-tenth percent
(6.1%).
CPT Detailed Report (September 1990)
page 1.
The City's
proposal would result in a significant loss of purchasing
power
for most members of the bargaining unit.
Depending upon the way
it is administered, the city's proposal could leave the Clearwater
Police Department in a non-competitive position when compared to
departments in the lbcal operating area or on a state-wide basi~.
Moreover, such a dramatic change in pay structure as is now being
proposed by the city ought to be implemented only ,after greater
participation and input by the officers who are affected.
The
Union strongly opposes the plan,
and some of the concerns it
expresses do have merit.
evaluation
For example, I was not persuaded that the
system contemplated
ci~y would
for
by
the
be
use
sUfficiently
objective to alleviate
the concerns
of disparate
treatment.
those
For
:I
support
the
city's
cannot
reasons,
proposal.
The
Unionf s proposal,
in the perspective of
when viewed
increases in the surrounding ar.ea, appears excessive.
of increases established in'past'years
The pattern
appears to be a much more
43
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9.
SHIFT DIFFERENTIAL
- Article 14, Section 14
A.
CONTRACT LANGUAGE (1987-1990)
section 14. Shift Differential - Officers shall be entitled
~o shift differential pay as set forth in this section.
(a) For purposes of computing shift differential
following shift series and payments are established:
pay the
Shift
series
100
200
300
PaVlnent
14 dav Der.
7%
0%
5%
Hours
2400-0700
0700-1600
1600-2400
Der
No.
The payments shall
employee's base pay,
be computed as a percentaqe of the
including his merit and longevity step.
(b) An officer's shift differential shall be determined by
the shift series into which the majority of the hours of his
regularly assigned shift for the scheduled shift cycle falls
and without regard to the starting or ending time of the
officer's shift. Temporary shift or duty assignments of less
than thirty (30) calendar days shall not entitle an officer
to shift differential pay. Employees in the bargaining unit
assigned for initial or remedial training under the FTO
program shall not be entitled to shift differential pay.
(c) Payments under this section are lump sum payments and are
not to be used for the computation of any other payment under
this Agreement. Shift differential pay shall be paid to any
officer regularly assigned to a Series 100 or 300 shift and
shall not be prorated on account of vacation, holidays or
other paid time off.
Employees who are currently receiving job assignment pay will
continue to receive it at the current rate so long as they
continue in their current assignment without interruption.
Except as to such employees, only detectives, field training
officers and crime scene investigators shall be granted job
assignment pay in the future. For those employees, the rate
shall also be the current rate.
B. PROPOSALS OP THE P2'..RTIES
The Union proposes an increase in the shift differential,
raising, the midnight shift differential from seven percent (7%) to
ten percent '(10%), and the afternoon shift differential from five
45
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percent (5%) to seven percent (7%); a change in the shift hours to
advance the shifts by one hour; removal' from the contract of the
language which prohibits payment of shift differential to employees
who are temporarily assigned to a shift for less than thirty days
or who are in initial or remedial training in the Field Training
Officer Program; and finally, a change of language in the second
paragraph of Article 1t, section 14(c) so that the last sentence
shall read: "For those employees, the rate shall be 5% while in
that assignment. II The City rejects- these proposals, and urges the
Special Master to preserve the status quo under Article 14, section
14.
c. ' DISCUSSION AND ANALYSIS
The Union contends that its proposed change in shift hours is
needed because employees working the afternoon shift frequently
work beyond the present threshold of 12:00' p~m., but only receive
the five percent (5%) afternoon shift differential for the entire
time period.
Furthermore, the Union contends that some employees
are working ten-hour shifts beginning at 3:00 p.m., but are only
receiving the afternoon shift rate.
In support of its proposal to increase the midnight shift rate
to ten percent (10%), and the afternoon shift rate to seven percent
(7%), the Union points to evidence showing that the Pinellas County
Sheriff's Office and the City of Pinellas Park pay a ten percent
(10%)
midnight shift differential,
and a five percent (5%)
afternoon shift differential.
The Union asserts that there is no
justification for the current contract language prohibiting payment
46
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i"
language
concerning
.",: '':'.. ~:,., . .~.
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...~~r'~~t,:. "~~';~'(~~~!i}f.:.~:I;'~:j,!I~"i ,\ ~',f "'! ~
, '~.}{..~~;.:r.i~')"~-::'" \~\\~...} l'/t~ t /"' : f ~. '.
::,;c~:11illif:[!":: > ....
... , . . .\ '.l ;-""\ tl~' "" . 'j t '
, "
. , .' ~
",
".
.,,' ,,;',"..'" /<';;"I"l.t..., "'~'''''''~'*--''''''' '
lll;l~il~~i(!'~}< --
,,,~-".i.v,' r"" '-
;,;;;~v,
:%:jii1
.'I;~;lt\;
,'::\"o,.J,
( ;.
,'f.
......,
. '."
,"... "
, ',.
...' .
,<
. '.'-,',.-
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of
shift
differential
to
employees
who
are
only
temporarily
assigned to a shift for less than thirty days or who are in initial
or
remedial
training
in the
Field Training
Officer Program.
Finally,
the
union
argues
that
its
proposal
to
remove
the
the
five
percent
(5%)
differential
from
the
last
sentence
of
section
14 (c)
is
justified because this
language
simply
spells
out the
actual
pay practice.
The city
argues that
there
is no
justification
in the
record
for the substantial rewriting of the shift differential provisions
as
proposed
by
the
Union,
and
that
the
only
motivation
for
the
union's
proposal
is
to
provide more
money
for
a
larger
number 'of
members
of
the
bargaining unit.
The
City
expresses
concern
over
the additional
costs
and argues that the
current policies
already
are competitive.
According to the city's figures,
the cost of
granting the Union's proposal to increase the afternoon shift
differential
to
seven
percent
(7% )
and
the
midnight
shift
differential to ten percent (10%) would cost an additional $66,335.
The special Master is persuaded that,
as between the two
positions,
the city's position has greater merit.
I was not
persuaded by the Union's evidence that any change is needed in the
shift d~fferential at this time.
It is understandable that the
union would desire to have more individuals entitled to receive
shift differentials,
and that the shift differential' rates be
increased.
However, there is no evidence to establish that the
current rates are generally not conpetitive.
The mere fact that
the pinellas County Sheriff's Office and the City of Pinellas Park
47
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1'\ ;t' ..l\..~) /''.(''...\;,. ~\l..'''''' " I '. "r" ,.< h "<.'\. 'll,~\ \~t:.>t
~. /1,' ,,;,{>!.', :.",,~ :':~~t::,/!. ";~ 'f' -"; '; . ". M'/':::",f~(~,!1~'rf~
"".;t.-""xj''''':t~'''}'''1 t~t' ,'''' \ ....( '*",'1l
. : ,',''' ,,~. :{:rt";..r1 ~r..;,(:~t .~\! ",,' ...:~ : .').,1 ,..,' ~',~ !r::',~':.\< ,.'.~'~.'~ .
...", ,,,.J.. "if" 'r' , ,',,- ",>,
f .:'t
[,.. ,......
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:, " . : ~ ,~ ~ : - ".
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1.
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;,,:J{:~:Jl~i};~~fi}~}J:~.} ~~;~;,~,'~~.~::;:~:': :,": ,'~
, ""1'" '" , ',', "., _,"T. :' , I" " "',, , ,I
It~~!~i1I~1:~,'!l\r:.:;
"~,,,, .A,l' ',!"," "'"l"" "" l' '"
. 'l::;~l~~tjljlil~
,.". ")\1:" ~\"""'">
;i~~b~~~
~:~\~,
,~'i
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. ,"
, ,
~, . ". ',;
'.:~"" . j' .~,
,,'
~. ',.; ~
.," ;::1
,,';
.~..;,' , .
" ~:I '
....,
i,'.'
',;
..,.... .
','
..: ..
::~?"~;: ,,/
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-:- -.'~.
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pay
a higher midnight shift differential
is unpersuasive.
However,
aspect
the Union'S
appears
to
have
prop'osal
of
one
sufficient
merit
its
justify
If
shift
the
change.
face
to
on
differentials
designed
provide
with
a
greater
employees
to
are
reward
offset
the
additional
,inconvenient
working
burden
of
to
hours,
fail
special
on
employees
duty
see why
temporary
to
I
or
assigmnent
less than
thirty days
in remedial training
or those
of
with
traininq
officer
receive
shift
should
not
the
a
field
differential.
City asserts
employees
merely
"visiting"
The
that
a late shift should not be entitled to receive the same money as
those who have had to establish their regular lives around that
shift.
This seems 'to be distinction without a difference.
It
appears that any employee who is required to work burdensome hours
should
receive
recognition
bearing
additional
eq'Ual
for
that
burden.
D. RECOMMENDED DECIS~ON
It is recommended that the Union'S proposals with respect to
the
shift
differential
denied,
with
exception
of
its
be
the
proposal that the following language be deleted from Article 14,
Section 14(b):
temporary shift or duty assignments of less than thirty (30)
calendar days shall not entitle an officer to shift
differential pay. Employees in the'bargaining unit assigned
for initial or remedial training under the FTO: Program shall
not be entitled to shift differential pay.
I agree with tne Union that tne above language should be
deleted from Article l~, Section 14
(b), and X recommended that
this change be adopted.
48
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..: ,':, ;~t;,(t~\llt:~M;;.~~i,:;~~, ';::'~::' :~~~~"': '
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, , ~.- t.'-' \' 'r'~ .t ..,\ . .J...... l'~' I" '''.
:: ':::~?rWj;~~:l{~~~g~[~l~~Pf): ,::'~~, !~ "";
t,J' J\'~I f'~~ " ,.t,~....;,~:<.\f. )-':.1""'1: .~\ '. \..
~:[~~{~~~~jit?,;,:1,t~:{:~~:H 'kY;'~,::';'>> ':'1~" ':. '.. .
"'. -J.~r..."...~~~....t .~/l. ,,~,' I.'''' ';' ~~~~C:"T"~""""'_""~"_.__""''''''_
10.
MERIT :AND
LONGEVITY
INCREASES
1\rticle
14.
section
20
A.
CONTRACT
L~GUAGE
(1987-1990)
20.
and
Longevity Increases
1st, 2nd,
the end of
longevity
practice.
3rd,
Merit
4th. and 5th
the 7th, 9th,
raises shall
section
Raises:
year.
11th,
be'in
Merit
5% at the end of the
Longevity: 2-1/2% at
and 15th years. Merit and
accordance with current
B.
PROPOSALS
OF
TEE
PART:IES
The
ci ty proposes to eliIninate the present merit
and longevity
increases
and substitute
the merit pay system discussed above under
Item
8.
In
Joint
Exhibit
No.
4
( "Union's
Proposals
for
Impasse
Resolution"),
the Union proposes to add
a two
and
one-half
percent
(2-1/2%)
longevity
step
at
the
thirteenth
(13th)
and
seventeenth
(17th)
years
of
service,
and
every
other
year
thereafter.
Consistent with my recommendations above under Item 8 (Wages),
I
am recommending that the
ci ty' s proposed elimination of this
benefit be denied.
Moreover,
there is no persuasive evidence in
the record to
establish any reason for adding the new longevity
benefits as proposed by the Union in Joint Exhibit No. 4
D. RECOMMENDED DECISION
It
is
recommended
that
the
current
merit
and
longevity
provisions appearing in Article 14,
section 20 remain unchanged.
49
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11.
OFF-DUTY CALLS - Article 14, section 21 (New Langua~e)
A. CONTRACT LANGUAGE (1987-1990)
There is no provision on off duty calls in the ~987-1990
Collect~ve Barqaininq Aqreement.
B. PROPOSALS OF THE PARTIES
The City proposes the followinq new language:
section (NEW). Off-Duty Calls
When a baraainina unit member is called by telephone bv a
supervisor on departmental business solelY to respQnd to a
request for needed information. the employee shall be credited
with time worked as follows:
ill
shall
If the call is six (6) minutes or less. the
be credited with one-tenth of an hour of work
employee
time.
lRl If the call is six (6) minutes. t~e employee shall be
credited with the actual time involved"for work time.
If the employee is called and. as a result of the call.
required to take an official action at home on behalf of
to obta~n information. to call other employees in
of duty. or to take other action on behalf of the
city and. subsequentlY to call the supervisor or other
desianated city personnel with a response. the employee shall
"be credited with actual time involved in complyinq with the
supervisory' direct.ive. In such event. the employee shall be
reauired to provide his supervisor with a full accounting of
the time and work for which the emplovee is to be Daid.
1&
is
the
the
City
line
The Union agrees that new language should be added to govern
"off duty calls," but proposes a minimum of one-half hour payment
or the actual time required if in excess of one-half hour.
The
essential difference between the two positions is that the City is
proposinq a minimum payment of only six (6) minutes while the Union
is proposing a minimum payment of t~irty (30) minutes'for off-duty
calls.
50
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.
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.. . ."~:',:/i;j~il;~~I"
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..... .~;:'~~W<~r~;i~%rl,~~
,'t ~ .
. ;.~....
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.i I:
.:r:
c.
DISCUSSION AND
ANALYS:J:S
,It
is
City's current
practice
to
of
six
pay a minimum
(6)
the
minutes
time worked,
whichever
is
greater,
for
off-duty
or
actual
call
requirements.
City
willing
fonnalize
this
in
is
to
The
contract
its
forth above.
The
proposal
set
pursuant
to
lanquage,
union
increase
this benefit to a minimum
of
one- half hour
seeks
to
of
regardless
the
the
cal.l.
union
argues
The
length
of
of
pay,
that without
a provision,
is
city to
there
no
reason
for the
such
re'frain
explain
why
it
bothering
home.
To
employees
at
from
resists the Union'S proposal,
the city used the example of the
supervisor who calls an employee at home to simply ask a question
such as, lI'Where did you put th.e report on :X:YZ,?II
The employee might
simply
nit
is
in
desk,"
thus
of
drawer
the
top
my
answer,
terminating the call in thirty seconds.
The special Master is persuaded that the city's position has
the greater merit, principally because there is no evidence on the
record to show prior abuse by the City of the existing practice,
nor is there any evidence to show that there is any particular need
for the Union's proposed change in order to make the City more
competitive with other Eunicipalities in the local operating area
or throughout Florida.
D. RECOHHENDED DECISXOH
It is recommended that the City's proposal be adopted.
51
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~2. CONTRACT CONSTITUTES ENTIRE AGREEMENT - Article 18
A. CONTRACT LANGUAGE (1987-1990)
Article 18
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
The parties acknowledge and agree that during the ne'gotiations
which resulted in this Agreement, each had the unlimited right
and opportunity to ma~e demands an4 proposals with respect to
any subject or matter included by law within the area of
collecti ve bargaining and that all the understandings and
agreements arrived at by the parties after the exercise of
that right and opportunity are set forth in this Agreement.
Therefore, the city and the Union, for the life of this
Agreement, each voluntarily and unqualifiedly waives the right
to require further collective bargaining, and each agrees that
the other shall not be obligated to bargain COllectively with
respect to any matter or subject not specifically referred to
or covered by this Agreement, whether or not such matters have
been discussed, ev~n though such subjects or matters may not
have been within the, knowledge or contemplation of either or
both parties at the time that they negotiated or signed this
Agreement. Th'is Agreement contains the entire contract,
understanding, ,undertaking and agreement of collective
bargaining for. and during its term, except as may be otherwise
specifically provided herein.
The parties agree to bargain proposed changes in the City'S
Pension Plan and changes in the City's civil Service Rules
that deal with mandatory subjects of collective bargaining
and any impact these changes may have on bargaining , unit
members.
B. PROPOSALS OF THE PARTIES
The parties have no dispute over the first paragraph of the
above Article 18.
As discussed elsewhere in this Recommended
Decision, the City is s~~king a three-year contract.
The City
proposes that the second paragraph of the above Article 18 be
amended to read as' follows:
The parties agree to bargain changes in the City's
civil Service RQles'that deal with mand~tory subjects of
collective bargaining and any impact these changes may
have on bargaining unit members. In addition, it is
agreed ,that the agreement may be reopened in accordance
52
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13.
REVIEW BOARDS - Article 21
A. CONTRAC~ LANGUAGE (1987-1990)
Article 21
Review Boards
The City
affected
accident
will continue
employee to
review board.
its
give
current practice of allowing
a br ief oral statement to
the
an
B. PROPOSALS OF THE PARTIES
The Union proposes the following new contract language, which
amends Article 21 to entitle an employee to attend all review
boards,
accompanied by his Union representative,
and to make a
statement before such boards:
The City cannot
representative, the right to
Boards and be able to make a
choosing.
deny
an
empl.oyee, his
attend any and all Review
statement of, the employees
F.O.P.
The City rejects the Union proposal,
and proposes language
des igned to
further
limit employee aOccess
to review boards to
include on1y the right to attend and make a brief oral statement
to a vehicle accident review board.
c. DISCUSSION AND ANALYSIS
The Union asserts that the employee's option to attend and
make a statement at any and all review board proceedings would
reduce the necessity of grievances, provide procedural due process
and,contribute to a more informed decision being made by the review
boards.
The city takes the opposite position, contending that not
only is such attendance at all review boards unnecessary, but that
such attendance should be limited only to review boards involving
vehicle accidents.
54
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~~$~~~~l~il}l~~~~l~t.;:
t~,' .'l. '.'~ 1/1;)1 ~ j.> ,I .'.~ 1,"lj l~ ,,', ~ ',~ '.:"
~r M~.~~t~~J.;l~!;(~
A ',', ~i;J.' ~ ""'~" " ""''''i'' , .. ,
,':~~",~; "'... - '~..' :. "','."".' ...... .~:
. . , "'"
'~,,!:~~::)I,,!'~.,,1';. ", " :.'""i'" .'::;;~1)'i",'r!?;f:~~':i*~t~
;~' "
.~ : ~ .
. .,'
"
.',',
,..
,,' :,
The
Florida legislature has
procedural
established certain
rights for police officers that must be taken into account. in
evaluating
parties'
the
respective
positions
this
issue.
on
Section 112.532 of the Florida statutes, entitled "Law Enforcement
Officers'
Correctional Off icars' 'Rights, II
or questioning of
and
provides
that
the
interrogation
police officers who are under
disciplinary action, demotion or
investigation which
dismissal cannot be
lead
to
may
conducted
certain
conditions
except
under
as
set forth in the statute.
Those statutory conditions include, but
are not limited to, the requirement that law enforcement officers
subjected to questioning may be questioned only by one interrogator
at anyone time; interrogations must be recorded; and the employee
must be represented by an attorney or other representative if he
or
she
so
interrogation relates
chooses whenever
the
to
the
officer's continued fitness for law, enforcenent service.
Additionally, section 447.401 of the Florida statutes provides
that
collective
each
bargaining agreement
the
public
between
elllployer
and the
bargaining agent
employees'
shall
contain a
grievance
terminating
procedure
in
binding. arbitration
of
contractual grievances.
Article 4 of the 1987-1990 Collective
Bargaining
grievance
in
instant
the
Agreement
contain
does
such
case
a
terminating
19
procedure
(Discipline)
in
binding
arbitration.
Article
of that Agreement subjects to arbitration questions
concerning
existence
the
"just
of
in
cause"
any
demotion,
suspension, or dismissal of an employee who has
completed his or her probationary period.
successfully
55
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14.
DURATION, MODIFICATION AND TERMINATION
Article,23
A. CONTRACT LANGUAGE (1987-1990)
Article 23 - Duration, Modification and Termination
This Agreement shall be effective as of October 1, 1987, and
shall continue in full force and effect until the thirtieth
day of September, 19900 At least one hundred twenty (-120)
days prior to the termination of this Agreement, either party
hereto shall notify the other, in writing, of its intention
to modify, amend or terminate this Agreement. Failure to
notify the other party of intention to modify, amend or
terminate, as herein above set forth, will automatically
extend the provisions and terms of this Agreement for a period
of one (1) year, and each year thereafter absent notification.
B. PROPOSALS OF THE PARTIES
Essentially,
the
issue
under
Article
23
is
whether
the
contract should be of three years duration as proposed by the City,
or one year as proposed by the Union.
There also is a sub-issue
of whether or not the contract is to be made retroactive to October
1, 1990.
The Union proposes retroactivity, and'the city opposes
retroa,cti vi ty.
C. DISCUSSION AND ANALYSIS
with respect to the duration issue, the City seeks a three-
year contract to ensure a longer period of labor stability.
The
parties have a history of mUlti-year contracts, as reflected by the
1987-1990 Agreement.
The Special Master would be, inclined to recommend a three-year
agreement but for the fact that the parties are in disagreement
over so many issues.
wi th fifteen articles in dispute after
declaration of impasse, it is clear that furth~r negotiations will
be needed before the parties can achieve a long-term period of
57
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;:'.~r~;,~~:~.~~~;;: : <':'i~(t"
'\':',':'
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. ;~. (
, '~:.':~" . '\.
1 '. ::: "',' ......
..
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contractual
stability.
I
therefore
recommend
only
a
one-year
contract.
For reasons stated above under item 1 (preamble), the Spscial
Master supports the proposal for retroactivity as advanced by the
Union.
D. RECOKKENDED DECISION
It is recommended that the contract should be of one (1) year
duration, retroactive to October 1,
1990.
58
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lS.
SICR/I~JURY p~y (New Lan~aqe)
A. CONTRACT LANGUAGE (1987-1990)
The City does not focus on any particular article with this
proposal;
rather,
ci ty
pervasive
of
change
the
proposes
a
terminology throughout the contract.
B. PROPOSALS OF THE PAR~XES
The
City
"sick
changed
leaven
be
that
the
term
proposes
throughout the contract'to "sick/injury leave. II
The Union opposes
this change.
c. DISCUSSION AND ANALYSIS
The
City
this
is
to
in
needed
change
order
asserts
that
clarify the meanin'g and to eliminate alleged "confusion on the part
of certain enployees" as to whether sick leave is to be used in
cases of injury.
While the leave is used in cases of both sickness
and injury, the City asserts that it needs to clarify this lanquage
to avoid disputes.
The Union opposes this change because it believes that there
is no confusion,
and it expresses concern that the proposal may
constitute
changing
duty
light
of
a
II larger
plan
for
part
assignments
outside
the
Police
require
work
to
employees
to
Department. II
The Special Master has no reason to' believe that there is any
ulterior motive, or hidden agenda on the part of the city.
,
However,
the special Naster was not persuad~d that there is any particular
need to change this language.
There was no specific evidence given
to
establish
are
any continuing
satisfaction
tha.t
there
to my
59
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disputes or "confusion" on the part of the employees with respect
to the meaning
of
the term
"sick
leave."
As noted above,
the
contract contains a grievance procedure terminating in final and
binding arbitration, which is the generally accepted means used in
labor relations to resolve such disputes over the interpretation
of contractual language.
D. RECOMMENDED ,DECISION
It
is
recommended that the
City proposal on this
issue be
denied.
60
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v. CONCLUSION
The City urqed the special Master to uphold the stipulations
that have been reached by the parties with respect to iteas not at
impasse.
Very clea~ly,
if the parties have reached stipulat~ons
and understandinqs on negotiated items, then they should adhere to
those stipulations and understandings and formalize those tentative
aqreements as final agreements in the contract that ultimately will
negotiations.
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IN THE MATTER OF IMPASSE RESOLUTION BEFORE THE
CITY COMMISSION OF '':rOE CITY OF CLEARWATER,~
FLORIDA STATE LODGE,
FRATERNAL ORDER OF
POLICE, LODGE 110.
Union,
and
Case No.
SM-9l-011
CITY OP CLEARWATER,
Employer.
I
CITY MANAGER'S (CHIEP EXEClJ'.rIVE OFFICER)
BESPONSE am SPECIAL MASTER'S RECOMMENDATION
Pursuant to Section 447.403(3), Florida Statutes (1990), Ron
Rabun,
City
Manager
(Chief
Executive
Officer)
of
the
City
of
Clearwater ("City"), does hereby respond to the Special Master's,
recommendation in the above case.
More specifically, the City met with the Florida State Lodge,
Fraternal Order
of
Police,
Lodge
110
("Union" )
to discuss the
Special
Master's
recommendation
as
is
required
under
Section
447.403(3).
At that time, the City indicated that in the spirit of
compromise, it would be willing to accept ten (10) of the Special
Master's
recommendations,
but
that
it
could
not
accept
the
remaining five
(5)
recommendations for the reasons given during
negotiations and the impasse hearing-
The Union rejected this
position, indicating that only full acceptance by the City of all
of the Special Master's recommendations would be Acceptable to the
Union.
Since the City could not in good faith reach an suitable
compromise,
it
now comes
before
the
City
Commission
with
the
Attachment C
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followinq
positions
with
regard
to
the
Special
Master's
recommendations:1
1.
Preamble:
The
City
reiects
the
Special
Master's
recommendation that the contract be made retroactive to
October 1, ~990 on the basis that the City's obligation,
to maintain the status quo daring negotiations negates
any' real
need
for
retroactivity.
The
City
further
believes that retroactivity would act as a disincentive
for swift negotiations in the future.
2.
Holidavs
(Staffina
Level
and
Schedules):
The
City
accepts
the
Special
Master's
recommendation
that
the
City's
proposal
on
BC?lidays
(staffing
Level
and
Schedules) in Article 14, Section l(a) be adopted.
3.
Holiday
Premium
Pay:
The
City
acceDts
the
Special
Master's
recommendation that
except as
agreed by the
parties,
the
City's
proposed
change
in
Article
14,
Section led) be denied.
4 .
Floatinq Holidavs:
The City acceDts the Special Master's
recommendation
that
the
Union's
proposal
for
an
additional
floating holiday under Article
14,
Section
l(f) be denied.
5.
Vacations:
'.rhe
City
accepts
the
Special
Master's
recommendation that the Union's proposal for increased
",
1
In specifically accepting or rejecting the recommendations
rendered by the Special Master, the City will address the issues by
reference to the number and issue title given by the Special Kaster
in his Summary of Recommendations, a copy of which is attached
hereto as Exhibit A.
2
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vacation benefits in Article 14, Section 2(9) and ej) be
denied.
6.
Court Attendance:
The City rejects the Special Master's
recommendation that the Ci~y's proposal on Article 14,
Section 5 be denied.
The reason for the City's rejection
of the recommendation ~s that a reduction in the minimum
amount
of
pay
for
court
time
and
court
stand-by
is
warranted,
given
the
City's
current
and
anticipated
fiscal
status.
The
City
further
believes
that
no
rational justification exists for continuing to treat the
non-productive portions of court time or court stand-by
as "hours worked" for purposes of computing overtime.
7.
Funeral Leave:
The City accepts the Special Master's
recommendation that the Union's proposal for an increase
in funeral leave benefits under Article 14, Section 7 be
denied.
8. .
Waqes:
The
City
rejects
the
Special
Master's
recommendation
that
the
City's
current
pay
structure
continue and that the employees receive a five percent
(5%)
across
the
board wage
increase,
retroactive
to
October 1, 1990.
The basis for the City's rejection with
regard to the pay structure is that the City's proposal
of a .pay for performance" sy~tem is the best way for the
City
to
effectively
DaXimize
its
human
resource
potential.
The
City
rejects
the
Special
Master's
recommendation
for
a
five
percent
(5%)
general
waqe
3
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increase on the basis
that it
is
not warranted because of
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the
Ci ty' s
current
and
projected
financial
status.
The
City
further
believes
its
salaxies
are
sufficiently
competitive with other jurisdictions wi.thout such a large
increase.
-:rhe City oppose's retroacti.vity for the reasons
given in its rejection of Issue 1: Preamble.
9.
Shift
Differential:
The
City
accepts
the
Special
Master's
recommendation
that
the
Union's
proposal
be
denied, including the deletion of language in Article 14,
Section 14 (b) regarding the payment of shift differential
to certain specified employees.
10.
Merit
and Longevi ty
Increa~ :
The City ,rejects
the
Special
Master's
recoJI\Illendation
that
the
merit
and
longevity provisions in Article 14,
Section 20 remain
unchanged on the basis that longevity steps should be a
part of the new "pay for perfoxmance" system which is
,desi.gned
to
effectively
maximi2e
the
City's
human
resource potential.
11.
Off-Duty Calls:
~he City accepts the Special Master's
recommendation that the City's proposal on off-duty calls
be adopted.
12.
Contract Constitutes Entire Agreement:
~he City accepts
the
Special
Master's
recommendation
that
the
City's
proposal for a reopener.provision under Article 18 be
denied.
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13.
Review Boards:
The City accepts the Special Master's
recommendation that the language of Article 21 on review
boards remain unchanged from the previous contract.
14.
Duration, Modification and Termination:
The City rejects
the Special Master's recommendation for a one
(1) year
contract, retroactive to October 1, 1990, on the basis
that it opposes retroactivity for the reasons stated in
its rejection of Issue 1: Preamble.
15.
Sick/Injury Pav
(New Languaae):
The City accepts the
Special Master's recommendation that the City'S proposa1
for a language change be denied.
STIPULATED LANGUAGE:
The City reaffi~s its agreement with
the Union that the City Commission is vested with the authority to
impose those articles to which the parties
have agreed are at
impasse but to which they have stipulated as to the appropriate
lan~age to be imposed.
WHEREFORE, having specifically r~sponded to those issues at
impasse, the City does hereby urge the City Commission to convene
a public hearing to resolve these issues in such fashion as it
deems to be in the best interest of all concerned.
submitted,
C'"
~
ISON C. THOMPSON,
Florida Bar. No. 0081024
THOMPSON, SIZEMORE , GONZALEZ
Post Office Box 639
Tampa, Florida 33601
(813) 273-0050
Attorney for Ron Rabun
City Manager
's
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s
~e ci'ty of Cle.a
Frat:amt'll Order 0
tar and the Florida Si:ata Lodge,
Police, Lodge Ho. 10
'l:SSUQ and
" of aeco_~a'&'t:lOlls
by Sp+:1D::!, Halite: W. GUY Va.use
Reeonone~at:ion
1.'
Preamble: It is
retroZtcti ve to 00
"
commended that the contract. be made
ber 1, 1990.
q Le.v:el and Schedules) : J:t is
e city proposal on Holidays (st~finq
s), Artiole 14, section 1(a), ~ adopted.
2.
Holidays - CSta.f~
reeomnended tha.i:
Leve1 ancl"Sc:hedul
3.
Holida.y pJ:'cmdlnZl P
~e. tJn1cn (de3.ei:i
the City's propos
denied.
Exc'ept as already &!%,e.ed in part by
of "Labor Day"), i1:. is recommendec1 'tha.t.
d change for Article. 14, section 1 (d) be
.
.
'..
4. Floa'tin9 Ifolidays. i:t is rec:ommanded that 'the Union's
proposal for an a ditionu fJ.oating holiday undar Article
14, SeC'tion 1. (f) e. denied.
5. Vaca.:ticmsc 1:1: is re~omm4mded 1;bat the tJMGD'1S prOpdsal. with
res~c~ t:o Art1c:l 14, Sec::e1oD 2(g) and (:I) (V~ca.tions) be
denied.
6.
Court A.ttendance:
proposal on Ar'tic
denied.
It; is re~ended 'that tl;\e city's
e 14, section 5 (COurt Attendance) be
7.
is recommended that the Union's proposa1
t:ion "1 (Funeral Leave) ):)Q denied.
mm.ended. that the exisi:~ pay cb:'uc1:.ura be
a1; the employees receive a five percent
arc! pay in=ease, retroactive. 1:.0 Oci:obe.r
Funeral. Lea.ve:
on Art!.cle 14,
Wages J Xi: is 2:9
maintained, and
(5~) across-1:he-
1, 1990. .
9 Cl Shift Dit:feren ::J:~ 1. reeoae.nd.ed ~t. tha union's
proposals vi1:ll ra pec::~ 'to i:ha chitt. c!i~f~al be deniad,
wi'tb tha exceptio 'of its proposal tha1: the followinq
1ang\laga ba Clcalet: <1 fro. Article 14, Sec't:1on 14 (b) :
8.
topcruy sb tt or dU1:y assiqnmQD.~S o~ ~.ss 1:ban thirty
(30) c:alenda shall not: entitle an'otticar to
6
Exhibit A
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spee1a~ Master proce.ed!
Summary" of Bacommendat:i
Page 2
shift difter
unit assi9l1e
the no pro
di~teren1:ial
ti~l pay. Emplo:rees"in the bargaining
for ini.tial or.remeClial 'training under
sba11 not be entitled ~o shif~
ay.
e Union 'thai: the abOve language should.
~cle 14, section 14 (b), and X
is change be adopted..
Increases: Xt 1s re.commehd~ that:. t:he
ol\g-ev11:y provisions appeu:U\g in Article
in unchanged.
is; recommended f:hat the city" a proposal
I aq'ree with
be deleted fram."
recommended 'that
10.
Merit and L01\gQv1
cw:reni: mer1:t and
14, Seot:ion 20 r
Off-Dui:y Calls;
l:le adopted..
Con~a.ct Cons't.itu
tha:t the City's p'
Article 18 be d~
Review Boa%ds: J:
the ci~ proposal
of J\rt:.icLe 21 Clle
Durati()n, Hodi~i
'tba:t the ccntrac't
retroact:ive to oc
-.Entire Agreements It is recommended
ppsal ~ot- a reopener provision under
Cl~
11.
12.
is recommended that both the Uni'On and
be denied, and that the current. langu8.ge
iew BotU:ds) rf'..main "~an9'ed.
tion and '1'exm.inatian: It: is recommended
s.hauld be o~ one (2.) year durat:ion,
ober 1,1990.
15. S1ck/~jury Pay ( e.w LaDquaqe): Xt. 1~ reco1lDllended that t.he
cit:y proposal on is issue be denied.
13.
14.
7
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ELORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION
SPECIAL MASTER PROCEEDING
In the Matter of Impasse Between:
PERC: SM 91-011
THE CITY OF CLEARWATER, FLORIDA
(Employer)
-and-
FLORIDA STATE LODGE, FRATERNAL
ORDER OF POLICE, LODGE NO. 10
(Union)
UNION'S WRITTEN NOTICE OF REJECTION
CARY R. SINGLETARY
ATIORNEY FOR THE UNION
315 East Madison Street
Suite SOO
Tampa. Florida 33602
(813) 229-0191 Office
(813) 223-7742 Fax
Attachment D
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II. REJECTION OF SPECIAL MASTER RECOMMENDATIONS
1.
The Union rejects the Special Master's recommendation on Issue 2 entitled
"HOLIDAYS (Staffing level and Schedules)-ARTIClE 14. SECTION 1 (a)". The Specials
Master1s recommendation as to this Issue was as follows: lilt is recommended that the
City proposal on Holidays (Staffing Level and Schedules), Article 14, Section 1 (a), be
adoptedll.
REASON FOR UNION'S REJECTION
The parties agreed to amend Article 14. Section 1 (a) and (d) so that Martin Luther
King Day' would be added as a named holiday and the costs of so doing would be
absorbed by Labor Day being deleted in Article 14, Section 1 (d) as a premium holiday
day.
However, a dispute remains between the parties on Article 14, Section 1 (a). The
present contract language permits the City to determine whether an employee will work
on holidays, reserves the right to determine the appropriate lavel of staffing and the
schedule of employees on holidays, with the exception of assigned uniform street officers.
The City seeks to amend the existing language which prevents the City from changing
the staffing level and schedule of assigned uniform street officers.
The rationale offered by the City for Its proposal was that confusion allegedly exists
8$ to who are the employees assigned as uniform street officers. The City's witness
testified that it was not the City's purpose to change scheduling of assigned uniform street
officers, but that the language change would remove confusion.
2
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2.
The Union rejects the Special Master's recommendation on Issue number
4. The Special Master recommended as follows: lilt is recommended that the Union's
proposal for an additional floating holiday under Article 14. Section 1 (f) be denied",
REASON FQR UNIQN'S REJECTIO~
The Union has requested a .fourth floating holiday based upon the need of
employees to have time off to cope with the stress of the rigorous profession of law
enforcement. An additional floating holiday will permit an employee to take a day off
when needed to relax, calm down and otherwise keep a healthy work attitude.. The stress
of job danger, rotating shifts, testifying in court and Increased work loads at Clearwater
have created a true need to have additional time off.
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3. The Union rejects the Special Master's recommendatiQn on Issue number
5. That recommendation states lilt is recommended that the Union's proposal with
respect to Article 14, Section 2 (g) and 0) (Vacations) be denied".
REASONS FOR UNION'S REJECTIONS
A. Article 14, Section 2-Vacatlons
The Union seeks to add a sentence to Article 14, Section 2 (g) to provide that:
"Starting In the employee's sixteenth (16th) year, the employee may accumulate any and
all vacation time earned, until retirement".
The purpose of this provision Is to permit senior employees, who are approaching
their twenty year retirement eligibility, to have vacation time. This saving of time would
be voluntary on the part of the employee. Therefore, If the employee needed the time
off he would be able to take it. However, those employees who do not want or need time
off wQuld be able to save It and be compensated for It when they retire. It would serve
as a savings account which would provide needed cash for the transition to civilian
employment.
The cost to the City would be minimal. Since the City already pays for vacation
time, the only potential cost would be that those days saved would be paid at the rate the
employee was earning at the date of retirement. Such a cost would be dlminimus to the
City because few employees would be able to save their vacation due to taking needed
time off to cope with the demands of the job.
B. Article 14, Section 2 (j),
The Union seeks to Increase vacation hours for the senior employees. Specifically,
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