Loading...
02/19/1991 CITY COMMISSION SPECIAL MEETING International Association of Firefighters Impasse February 19, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue A. Berfield Commissioner Also present were: Kathy S. Rice Assistant City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk Harrison C. Thompson, Jr. City's Labor Attorney Cary Singletary Attorney representing I.A.F.F. The Mayor called the meeting to order at 9:01 a.m. and the following items were discussed. Harrison Thompson stated there are five issues remaining to be resolved: 1) allowing an additional four hour interval holiday to be taken; 2) wages; 3) sick leave cap; 4) term of the agreement; and 5) the retroactivity of the agreement. The following items are those to which both parties have agreed and no vote is required. Preamble Article 1 Recognition Article 2 Representatives of Parties Article 6 Stewards Article 10 Vacations Article 12 Personnel Practices Section 1. Pay Plan Section 2. Promotional Examinations Section 3. Promotional Lists Article 13 Posting of Agreement Article 14 Bulletin Boards Article 16 Work Rules and Prevailing Rights Article 18 Paramedics Article 19 Line-of-Duty Injury Pay Article 21 Miscellaneous Section 1. Life Insurance Premium Contributions and Plans Section 2. I.A.F.F. Pin on Uniforms Section 3. Initial Clothing and Protective Devices Section 5. Reasonable Training Grounds and Facilities Section 6. Defense of Employees (Scope of City Employment) Section 7. Contact Sports Section 8. Payment of Accrued Benefits to Next-of-Kin Section 10. Counsel of Employee when Passed Over for Promotion Section 11. Lawn Maintenance Section 12. Court Appearance Section 13. Transportation Section 14. Health Insurance Section 16. Residence Requirement Section 17. Conflict Resolution Committee Section 19. Right to Contribute Work Article 22 Physical Examination Article 24 Amendments Article 25 Severability and Waiver Appendix I Physical Fitness Test IAFF Letter of Understanding IAFF Letter of Understanding Mr. Thompson indicated the following items are impasse stipulated language and one vote is needed to include the language in the contract. Article 3 City's Management Rights Article 4 Grievance Procedure Article 5 No Strike Article 7 Checkoff Article 8 No Discrimination Article 12 Personnel Practices Section 4. Appointments Section 5. Probation Section 8. Time Off From Duty Article 15 Work Schedule Article 17 Seniority and Layoffs Article 20 Funeral Leave Article 21 Miscellaneous Section 4. No Subcontract of any Fire Suppression or Rescue Section 9. Tuition Reimbursement Program Section 15. Laundry/Bedding Allowance Section 18. Requirement to Attend Classes Article 23 Substance Use and Testing Article 27 Light Duty He also indicated the following articles are being asked to be accepted as stipulated as they are Special Master's recommendations that have been accepted by both parties. Article 12 Personnel Practices Section 1(b) Pay Plan, Leadworkers Section 1(g)(3) Assignment Pay Article 18 Paramedics and Language Concerning Sick Injury Leave Commissioner Regulski moved that the Articles at impasse, including Article 27, with the stipulated language and those previously impassed items settled by the parties' acceptance of the Special Master's recommendation be included in the contract offered to the Union. The motion was duly seconded and carried unanimously. A concern was raised regarding Article 21 Subsection 4 regarding no subcontract of fire suppression or rescue, and whether or not this impacted the reciprocal use agreements between the Clearwater Fire Department and other cities' fire departments. It was indicated it does not impact those agreements. In answer to a question, Mr. Thompson indicated this subsection is saying the City agrees not to contract for fire services. Cary Singletary, Attorney representing I.A.F.F., indicated there are five issues which have been rejected by the Union. Two do not need to be addressed in great detail; the three most important are holidays, wages, and the sick leave cap. He reported there is a perception among the employees that they are under attack and they are no longer appreciated. He stated these are the true issues of the dispute. He stated no flexibility is being shown in negotiating wages, and the pension plan is under serious review. The firefighters and police perceive they are no longer accepted as professionals. He indicated the employees have repeatedly been told what a tight budget the City is under, and yet a decision was made to make an excessive contribution to the pension plan. He indicated that money could have been used to provide employees with a wage adjustment at this time, rather than being placed in the pension plan for future use. He indicated by overfunding the pension plan, it sends the message that the City will no longer fund respectable pay raises. Mr. Singletary stated the issue regarding holidays revolves around the Fire Department's policy that normally six people are allowed to be off during any one shift. The Union has indicated it would work better if a seventh person could take off a four hour block of time. He stated this is not mandatory, and it is not a cost item. He indicated the issue regarding sick leave is that the City is wanting to put a cap on the sick leave accumulation for new hires. He stated that, traditionally, the City has been generous with its sick leave policy and that treating new hires differently will attack the solidarity of the Union. He again emphasized that the employees are reacting to a change from past practices, and it is important to keep in mind what message is being sent to the employees. Mr. Thompson, representing the City, stated he can not disagree with Mr. Singletary that the perception is there. He stated, however, the perception is wrong. He indicated the City has tried to explain that things are not the same as they had been in the past, and the City is no longer able to do as much for the employees as it had been. He indicated the City is not trying to change the pension plan to hurt anybody, but there is a problem in the plan which needs to be handled. He stated the recommendation to over fund the pension was based on the City's uncertainty of future impacts on the pension fund. Addressing the holiday issue, he indicated staffing should be up to management and should not be included in the contract. Regarding the sick leave cap, he indicated the City was trying to be fair by not putting the cap on any current employees, but rather saying that due to economics, there is a need to place a cap on people hired after October 1, 1990. He indicated the wages proposed are one and one half percent increase, nonretroactive. The Special Master has recommended a three percent increase as of February 1, 1991. Mr. Thompson indicated that, over the years, the City has been generous with its increases and the employees kept way ahead of inflation. He state we are comparable with wages in the area, and the City's recommendation is for the agreement to be for one year and the pay increase not to be retroactive. Joe Pidella, Assistant Fire Chief, addressed the staffing levels in regard to the request for the additional person being allowed to be off for a four hour interval. He explained the Fire Department's current policy of trying to maintain a staffing of 42 personnel per shift. This allows for six individuals to be off for holidays or vacation, plus two sick. He stated the Chief has differentiated from this policy for special occasions, and it has not been a problem. He indicated this should not be in the contract. Mr. Thompson emphasized that, right now, it is the Chief's policy and, at the Chief's discretion, he has deviated from this policy many times. Discussion ensued regarding the staffing and, in response to questions, Mr. Pidella indicated if the staffing drops below the 42, the Fire Department has the option of calling individuals in and paying them overtime; however, this had not been done during the past year. A concern was expressed that the request for additional time off contradicted statements that more firefighters were needed. Mr. Singletary indicated they were not requesting additional time off, only that if staffing permitted, an additional person be allowed to be off for a four hour block of time. He stated they are requesting this be placed in the contract because they sense the flexibility regarding this policy has come to an end. Mr. Thompson again emphasized staffing is a management right and should not be part of bargaining. He stated there is no plan to change this policy, and the flexibility is there. It was stated that in the past, the City has been able to be more generous. It was indicated this is no longer the case, and the City Commission has had to make cuts and fiscal changes that are not popular. It was stated it was thought people would find it beneficial to have the additional monies in the pension plan. Mr. Singletary indicated the employees see the plan as sound, and that money is being put in in case of a "rainy day" when they need the money in their paychecks at this time. It was stated it was felt if the Commission and the Management educated the public, they would be willing to vote for a tax increase in order to fund police and fire. In rebuttal, Mr. Singletary indicated the Union strongly encourages the five percent retroactive pay increase, the additional person off for a four hour block of time, and to not differentiate between new hires with the sick leave cap. Mr. Thompson, in rebuttal, stated the firefighters are receiving benefits comparable to other jurisdictions, it is a management right regarding the staffing levels, and the cap on sick leave is a cost saving measure. Discussion ensued regarding the contribution to the pension plan. Kathy Rice, Assistant City Manager, indicated it was the City Manager's recommendation to the Commission to place the additional funds in the pension plan as they had been budgeted. She stated the actuarial study is over a twenty year time frame, and the City must make the plan actuarially sound each year. It was decided, due to volatility, that it was prudent to have additional dollars in the fund to keep increases for the future at a more stable level. Further discussion ensued with it being indicated that there had been years where additional monies had to be appropriated in order to meet the actuarial requirement. It was indicated it was difficult to project correctly, and the Commission was trying to cover future pension concerns. Articles at Impasse Article 9 - Holidays, Section 5 - Four Hour Intervals of Personal Leave Time As previously indicated, the Union had requested an addition to this section that would allow an additional employee to be off for a four hour time slot. The Special Master recommended against this change, and the Union has rejected that recommendation. It was stated the employees have been getting the time off when the Chief has felt there is good staffing, and they are requesting something they already receive. It was stated it was hoped that due to wellness programs there would come a time when sick leave was not needed. It was also indicated the City is protecting its long term employees and not taking away a benefit. The City's proposal is a mechanism for cost reduction in the future. Commissioner Regulski moved that the Special Master's recommendation with regard to use of four hour blocks of personal leave be adopted. The motion was duly seconded and carried unanimously. Article 12, Section 6 - Sick Leave Commissioner Fitzgerald moved that the City Commission accept the Special Master's recommendation for a secondary sick leave cap for employees hired after October 1, 1990, and accept the other agreements of the parties on this article. Discussion ensued regarding whether or not the date should be October 1 or the date of this meeting. Concerns were expressed that employees hired between October 1st and today's date would not have known about the change. It was indicated they did understand it could go either way. Commission Fitzgerald amended his motion to change the date to February 19, 1991. The motion was duly seconded and, upon the vote on the amended motion, it carried unanimously. Article 11 - Wages It was indicated the Commission had voted to grant F.O.P. #10 a two percent wage increase retroactive to October 1, 1990. It was stated the City has been fortunate over the last few years, and has been able to give good increases to its employees which have exceeded the cost of living increases. It was stated the issue is economic, not as the perception has been relayed. The City has limitations on what it can fund. Commissioner Regulski moved to grant a two percent increase retroactive to October 1, 1990. The motion was duly seconded. It was emphasized that it was known that we have professional and quality people, and that protection of the citizens will continue. Upon the vote being taken, the motion carried unanimously. Article 26 - Contract Constitutes Entire Agreement of the Parties Commissioner Regulski moved that the I.A.F.F. be offered a one year contract. The motion was duly seconded and carried unanimously. Article 28 - Duration, Modification, and Termination Commissioner Regulski moved to offer the bargaining unit employees a one year contract retroactive as to wages only to October 1, 1990. The motion was duly seconded and carried unanimously. The meeting adjourned at 10:15 a.m.