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04/18/1991 - 4:30 pm CITY COMMISSION SPECIAL MEETING C.W.A. IMPASSE April 18, 1991 The City Commission of the City of Clearwater met in special session at City Hall, Thursday, April 18, 1991 at 4:30 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Richard Fitzgerald Commissioner Absent: William Nunamaker Commissioner Also present: Kathy S. Rice Deputy City Manager M.A. Galbraith, Jr. City Attorney Harrison C. Thompson, Jr. City's Labor Attorney Cynthia E. Goudeau City Clerk The meeting was called to order for the purpose of resolving the Impasse with the Communication Workers of America Union. The City Attorney opened the meeting by reading into the record a portion of his April 15, 1991 letter regarding the procedures for this hearing. Thomas Diekman, representing the C.W.A., stated that work began on the contract on June 20, 1990. Most of the issues were worked through; however, impasse was declared on November 28, 1990. A Special Master hearing was scheduled; however, prior to the hearing, another unit had their contract imposed and, therefore, C.W.A. reopened negotiations with the City. The agreement reached was rejected by the Union. There are three issues of disagreement remaining to be resolved. The C.W.A. agreed not to use the Special Master and to bring their request directly to the City Commission. The three issues are 1) shift differential, 2) sick leave, and 3) wages. Speaking to the item of shift differential, Mr. Diekman indicated the C.W.A. has proposed language that it feels will eliminate the disparate treatment between C.W.A. employees and Police employees who are more highly compensated for their shift work. Regarding sick leave, the Union is requesting that the current language in the contract be retained. The City is proposing that employees hired after a certain time not be allowed to take half of their sick leave to advance their retirement date, but, rather, would have to take it in a lump sum payment. The City also proposes to implement a cap on the amount of sick leave which can be accumulated. Mr. Diekman stated John Hodgden, President of the C.W.A., would like to make a statement regarding the third issue of wages. Mr. Hodgden indicated the C.W.A. has a lack of faith in the Commission, and felt they would be wasting their time going to the Special Master as the Special Master's recommendation would be ignored. He complained that it took three years to implement the recommendations made through the Cody report, and indicated that raises are only going to upper level people. He alluded to a mass promotion he did not feel was fair. He felt that an eight percent increase was needed to keep pace with inflation. He stated that, while they feel they need eight, they would accept five. Mr. Diekman indicated there are ill feelings regarding the "deals" that have been cut regarding employee packages. He stated it is their desire to try harder next year, with negotiations being finished by July 15th so they can be a part of the budget process. He urged the Commission to accept the Union's proposals. Harrison C. Thompson, Attorney representing the City in negotiations with the C.W.A., reviewed the City's position regarding the three remaining issues. He stated the reasons for Police and Fire Department off hour shifts are different from the C.W.A. and, therefore, there is a difference in their shift differential pay. He indicated the City has proposed to increase the shift differential. As to sick leave, he stated this is an effort to reduce future liability. He reiterated the City's proposal that those hired before October 1, 1990 will still have a choice regarding how they take one half of their unused sick leave. He stated new employees will not be able to have that option. The cap is an economic matter in trying to reduce exposure for future liabilities. He stated staff is recommending a two percent cost of living increase for the Union, and that the two percent is based on economic conditions. Mr. Diekman, in rebuttal, stated the Police night differential is more of a hazardous pay instead of shift differential, and the Union is trying to solve a matter of disparate treatment. He felt all people should be treated the same as to sick leave, and it is not appropriate at this time to change this benefit. He reiterated that wages need to be increased more than two percent. Mr. Thompson indicated the City of Clearwater compares well with other municipalities in the area. He stated the cap on sick leave will not affect anyone for a long time; and the City has gone up 50 percent on shift differential pay. It was requested that the in-mass promotions referred to by Mr. Hodgden be explained. H.M. Laursen, Personnel Director, stated the Personnel Department is continually doing job audits and, due to one of these audits, a lot of front line supervisors were moved. This is called an equity review. He stated it has been found, through reorganization, there are several jobs that do the same kind of work and are not compensated in the same manner. He stated 35-40 employees were affected, with some receiving increases, some moving to different ranges or a lower step. He stated any adjustments made were based on equity. In response to a question, it was indicated that no employee was moved down in the ranges; however, there are some positions that are red circled to be looked at when they become vacant to see whether or not they are still necessary. In response to a question regarding how it affected the budget, Mr. Laursen indicated it was offset by other changes such as salary savings. Mr. Diekman indicated it was felt this was a matter of equity, and only those at the higher level were looked at. Mr. Thompson listed those articles in which there is no impasse and no action needed. They are as follows: Preamble Article 2 - General Provisions Article 4 - No Strike and Other Unlawful Acts Article 10 - Leaves of Absence Section D. Military Leave Section E. Jury Duty Article 15 - Retirement Section A. Trustee Meetings Section B. Union Spokesperson Section C. Notice of Benefits Article 16 - Uniforms and Rain Gear Mr. Thompson then listed the stipulated language articles as follows: Article 1 - Recognition Article 3 - Rights of Employees Article 5 - City's Management Rights Article 6 - Grievance Procedures Article 7 - Union Representative Article 8 - Union Rights Article 9 - Hours of Work and Overtime Section A. Regular Work Hours Section B. Overtime Section C. Standby and Recall Article 10 - Leaves of Absence Section B. Funeral Leave Section C. Line-of-Duty Injury Pay Section F. Leaves of Absence Without Pay Section G. Time Off Section H. Union Time Section I. Maternity/Child Care Article 11 - Holidays Article 12 - Vacations Article 13 - Seniority Article 14 - Layoff and Recall Article 15 - Retirement Section D. Vacation Bonus Section E. Add Back Sick Leave for Injury Article 17 - Insurance Article 18 - Health and Safety Article 19 - Job Description and Classification Article 20 - Appointments and Evaluation Article 21 - Miscellaneous General Article 22 - Discharge & Discipline Article 24 - Drug and Alcohol Policy Article 25 - Duration, Modification & Termination Commissioner Berfield moved to adopt the parties agreement as to impasse articles with stipulated language and impose those articles if the contract is rejected by the Union. The motion was duly seconded and carried unanimously. Impasse Issues 1. Shift Differential Commissioner Fitzgerald moved that the City's proposed contract language increasing shift differential by 50 percent to 30 cents per hour be adopted in Article 9, Section D., shift differential. The motion was duly seconded and carried unanimously. 2. Sick Leave Commissioner Regulski moved that the City's position with regard to the changes in Article 10, Section A., sick leave be adopted. The motion was duly seconded and carried unanimously. 3. Wages Commissioner Regulski moved that the City Commission grant a two percent wage increase retroactive to October 1, 1990. The motion was duly seconded and carried unanimously. The meeting adjourned at 5:14 p.m.