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HomeMy WebLinkAbout07-22-2016 PEA MinutesJuly 21, 2016 cru OF HOME OF PELICAN ISLAND PUBLIC NOTICE b n(Al please ajv(se 1� mese M-tnufcs 0,yz -F)r i s rle,e Labor Contract Negotiations between the City of Sebastian and the Coastal Florida Public Employees Association and the City of Sebastian Time: 9:00 A.M. Place: City Hall Second Floor Conference Room Date: July 21, 2016 clot;V� KhO-& J Lkly a� Please note: In accordance with Florida Statute 286.0105: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with Florida Statute 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the City's ADA Coordinator at (772) 589-5330 at least 48 hours in advance of this meeting. CITY OF SEBASTIAN PEA UNION CONTRACT NEGOTIATION MINUTES OF REGULAR MEETING JULY 22, 2016 Present: AI Boettjer, Coastal Florida PEA Union Representative Zack Picket, Coastal Florida PEA Union Representative Dan Hainey, City Union Representative Ken Killgore, Administrative Services Director, City of Sebastian Cynthia Watson, Assistant Administrative Services Director/HR Manager, City of Sebastian Al Boettjer brought the meeting to order at 10:00 AM stating this was a contract negotiation meeting between the City of Sebastian and the Coastal Florida Public Employee Association. Mr. Boettjer stated a meeting was held with the Union members and they had a lot of questions regarding the changes. Mr. Boettjer suggested going down the list and "TA" (Tentatively Agree) on those changes and have the explanations recorded. See Draft of the Contract dated July 22, 2016. Mr. Boettjer made a public records request for the City's Standard Operating Procedures and any changes that may have occurred in the last two years. Ms. Watson will forward those to Mr. Boettjer. Mr. Boettjer started to review each item. It was agreed that the Table of Contents would be completed later when finalizing the document. It was noted that Appendix B and C (Salary List), were missing but would be included. It was also agreed that the Union and City hadn't agreed to the salaries yet so there was not a need to have the information at this time. Section: Agreement—There were no changes. Tentatively Agreed. Article 1 - Union Recognition — Mr. Boettjer asked why all titles were taken out. Ms. Watson stated many of the titles changed. The Union wants to know when titles change because it could change the classification of employment and bring changes with conditions of employment. City offered to show the list of positions. It was decided to table the Position Classifications pending proposed list. Article 2 — Management Rights — No change. Tentatively Agreed. Article 3 — Bargaining Unit Representation - Mr. Boettjer stated the real change had to do with the posting of promotional the cost of the items. He stated the union would pay for all brochures. Mr. Hainey stated and Mr. Boettjer confirmed the bulletin boards were maintained by the union and the bulletin boards were provided by the union. Tentatively Agreed with the removal of the following, " All cost incidental to the preparation and posting of PEA material will be borne by the PEA.... PEA bulletin board only with the approval of the Employer." Article 4 — Dues Deduction —Tentatively Agreed — No objections to the changes. Article 5 - Rights of Employees — Union has no problem with changing the word, "unit members" to "employees". The change with 5.2, the union has no problem with the change. Mr. Killgore stated that the City wanted to make sure that everybody knew they were covered not just those that paid dues. Article 6 — No Strike —Tentatively Agreed Article 7 — Hours of Work and Overtime — Mr. Boettjer stated there is a language change, from "bargaining unit member" to "employee" but no significant changes in Article 7.1. Mr. Killgore wanted to make sure Mr. Boettjer noticed the change to section 1" regarding adverse weather. Union agrees to Article 7.1. Article 7 — 7.2 — Communications Division — Mr. Boettjer has some issues with this section. Mr. Killgore stated that he moved other provisions into 7.2c and 7.2d which were 7.5 and 7.6. Ms. Watson stated the hours were changed from 7 am to 7 pm to 6 am to 6 pm because that is what the regular hours are. Article 7.3 — We need to add a little language on B for the Dispatch People because they don't work Monday through Friday. They work weekends too. It should read 5 consecutive days. Discussion took place on the number of hours the Dispatch People work, 8 hours, 10 hours or 12 hours. We try to accommodate but they are getting 40 hours weekly. Mr. Boettjer was concerned about payment of holidays. Mr. Killgore stated we did address this as well. Article 7.3 c.1 was struck and to the union means that you will no longer be paid sick time as time worked. The City felt that this paragraph was a redundancy in paragraph c. It was decided to add "(approved sick leave excluding compensatory time)" and remove section c.1. Section 7.3.d.2 - The change of "the last full pay period of the fiscal year" was added because the City wants to follow the payroll period. Tentatively Agreed including changes. Section 7.4 — Call Out — It was decided to make the following change "to attend a meeting or perform work". Tentatively agreed with the change. Article 7 - Section 7.1 through 7.4 - Tentatively agreed with changes. Article 8 —Seniority/Layoff/Recall Section 8.2 Accrual of Seniority. The following language was approved, "Any employee who is on any unpaid leave of absence of less than twelve months shall not accrue, but they shall not lose seniority. Seniority accrual shall continue on the first day of the employee's return to work." Section 8.3— Loss of Seniority —According to Mr. Boettjer Florida Statute states that if an employee is on military leave and on a promotion list, upon his return from leave, automatically moves to the top of the list. Section 8.4. c.1 — City is renaming titles not eliminating positions. Union does not have a problem with this section if only changing titles. Mr. Hainey had a question regarding bumping. You can only bump down. When you bump down and performed the position, employee will not be on probation, however, if in another position not held, then on probation. It was felt that if bumping, you are not on probation. Tentatively Agree with 8.4 and Union understands the changes. Section 8.5 —Tentatively Agree with changes. Article 8 —Sections 8.1 through 8.5 —Tentatively Agree with changes. Article 9—Miscellaneous Paid Leave Section 9.1.b — Bereavement — Union indicated that Communications Department works weekend. It was decided to use the following wording for the Communications Department, "Police Department Communications (Dispatch) will be paid Bereavement Leave not to exceed 40 hours; however to accommodate 5 work days, additional leave may be approved." This will be Tabled' until the language is presented later in the day. Section 9.2 — Court Leave /Jury Duty - Tentatively Agree with changes. Section 9.3 - Conference Leave—Tentatively Agree with changes. Section 9.4 — Medical Leave —Tentatively Agree with changes. Section 9.5 — Military Leave —Tentatively Agree with changes. Section 9.6— Leave ofAbsence— Tentatively Agree with changes. Section 9.7 — Eligibility —Tentatively Agree with changes. Section 9.8 Personal Leave — Mr. Boettjer asked if we would explain the "pro -rata" portion of personal leave hours." Ms. Watson stated to make it fair, personal days would be pro -rated for any new employee starting with the City. It's 4 days at the beginning of the fiscal year but then gets pro -rated throughout the year. Mr. Boettjer stated he thought that was fair and no problem with that. Tentatively agreed with changes. Article 9 — Sections 9.1 through 9.7 — Tentatively Agreed with changes with the exception of Section 9.1.b Bereavement which was tabled until the new language is presented. Mr. Boettjer questioned regarding holiday pay. Ms. Watson explained how employees who work shift work are paid. It was stated, 8 hours straight pay for holiday whether worked that day or not. Ten hour shift is paid 8 hours straight pay for the holiday plus 10 hours holiday worked at time and a half. Twelve hour shift is paid 8 hours straight and 12 hours worked at time and a half. Mr. Killgore will have to sign off with City Manager regarding change in holiday pay. Article 10— Sick Leave Section 10.1— Eligibility/Accrual of Sick Leave — Section 10.2 — Request for Sick Leave — Section 10.3 — Use of Sick Leave — Mr. Boettjer asked if we had a Sick Leave Policy and what constituted an abuse of sick leave. The standard practice is that you have called in and established a pattern and an arbitrator would ask those questions. It was decided that a Doctor's note will be required if absent before or after a holiday. If an abuser then the employee should be put on notice by using a letter and told they are a sick leave abuser. Normally if an employee is out 3 days, FMLA papers are sent to the employee. It is up to them to get the papers completed. If they don't the City can't help them. Mr. Boettjer stated the intent is to state that if you are an abuser it could lead to termination but we agree that they will go through the disciplinary process. Also for clarification, the City wants to say that they would not be paid for the holiday or the day they were absent because the contract specifically states you must work the day before and the day after to be paid for the holiday. Section 10.3 (e) Mr. Hainey recommended that the paragraph related to employees hired before or after October 1, 2011 receive the same benefits be removed. Employees want to be entitled to same benefits when separated. All employees would be made whole. We all agreed to table this issue. Section 10.3 (f) Birthday Off — It was decided to change the employee Birthday Day off to eight (8) hours. This was agreed to. All other Sick time changes were approved. Article 11—Vacation Leave Section 11.2 (d) Rate of Accrual — Table - The City changed the days to hours because the Dispatchers work 10 hour days. This issue will be tabled. Mr. B wants to see the difference between 40 hour workweek and the working days issue. He is looking at a different accrual difference. Mr. Killgore will look at the payroll system. Section 11.5 —Separation from Employment —Tabling this section until a decision is made regarding the "hired on or after October 1, 2011 shall not be eligible for the provisions of Section 11.5." Mr. Hainey is asking that all the new employees receive the same benefits as those employees hired prior to October 1, 2011 since they gave up items throughout the past years. The union is asking to make all those employees hired after October 1, 2011 whole. Article 12 — Grievance Procedure - Eliminating Step 1 creating a 4 Step process. Discussion took place on making changes to the length of time for resolving employee issues. It was agreed to reduce the 5 Step Process to 4 and to change the number of days to return forms however stating they are work days. Discussion also took place regarding who could file a grievance. It was decided that the PBA Representative could file a Grievance for the employee throughout the whole process in addition to the employee. It was decided that in Step 2, 3 and 4 the PEA Representative or Grievant may file the Grievance or proceed with Arbitration. Union and City agreed to all other changes. Article 13 — Holidays Section 13.2 (a) - Discussion took place regarding the 911 Dispatchers. Section 13.2 was moved to Section 13.6. Union and City agreed to all changes. Article 14— Promotions, Transfers and Adjustments The Union feels that all consideration should be given to in-house employees for positions open. The union feels that the whole intent is to promote in-house. The City feels that we want to shorten the process by posting in-house and advertise outside at the same time. It was agreed to post in-house and advertise outside at the same time as long as City interviews in-house applicants first. Section 14.2, 14.3, 14.4 (a), (b), (c) City and Union tentatively agreed. Section 14.2 (d) — Employee Need to work Higher Job Classification — Discussion took place. Per Mr. Boettjer stated that the City does not have a Step Pay Plan anymore because when the furloughs took effect, the Step program "went out the window" and at that point it was not funded. The Step process was part of the contract until the furloughs. The question is, "What is merit?" Due to this being a new contract, changes can be made. The Union just wants to know what is happening with them for the next three years. It doesn't matter what the salary increase is called if you're going to call it a salary increase. The people are looking back over the past seven to eight years. They want it the way it was and it can't be the way it was because the City doesn't have the funds to do it and you're not going to go retro to make the old plan work. So in the new Contract what does the "one step" mean? Therefore the Step Program cannot be used if it cannot be funded. It was suggested to keep this simple. The contract states that the Step program was suspended because it wasn't funded. The City instead gave the employees a cost of living increase. It was agreed to table this. Article 15 — Group Insurance — Discussion took place. The union wants to reduce the rate from 75% to 50% and get rid of the October 1, 2011 so they are all made whole. Mr. Boettjer requested a copy of the insurance rates. It was stated the City is to meet with the Gehring Group next Friday (July 29, 2016) Ms. Watson stated that the premiums will be different. Discussion took place on the HRA account and the FSA account. It was agreed to table this because numbers have to be looked at. Mr. Boettjer requested the old and new insurance rates. The City will have the new rates next Friday, July 29, 2016. Article 16 — Retirement Contribution — Discussion took place. The Article was tentatively agreed to with the change. Article 17 — Performance Evaluations — Discussion took place. Section 17.3 - It was agree to change the wording in this section from "special rating" to "special performance evaluation". The Article was tentatively agreed to with the change. Article 18—Safety— Discussion took place on Worker's Compensation and Long Term Disability. It was agreed to change the number of days from 80 work days to 90 calendar days. It was agreed to table Section 18 (a). Section 18 (h) — Paragraph H was added which stipulates: "Any covered employee receiving proceeds from a disability and Worker's Compensation indemnity payments shall not be allowed to use paid leave, such that they receive a total amount of more than his/her normal take home pay." This is to prevent double dipping. Section 18 (h) was agreed to. Section 18.8 — Work Boots/Shoes — Discussion took place. The City increased the amount to $120.00 and the amount will be prorated by $10.00 a month for any new employee. Section 18.8 was agreed to. Article 19—Disciplinary Action Article 19 was tentatively agreed to. Article 20 — Salary — Discussion took place. Article 21— Substance Abuse Testing — Discussion took place. Mr. Killgore stated we sent an MOU to the union and we included that in this contract. Article 21 was tentatively agreed to. Article 22 Uniforms—Discussion took place. Mr. Boettjer asked if Code Enforcement and Evidence Technician get funds for cleaning of uniforms. Yes they do. They receive $45.00 a month to take care of their uniforms. Article 22 was tentatively agreed to. Article 23 — Education Reimbursement— Discussion took place. The language was changed to PBA language. We felt this was an Education Reimbursement which would include books and lab fees. If a hard back book is given and we are paying for it, then the book would be turned in to the City for the library. However, most books are on-line. Article 23 was tentatively agreed to. Article 24—Step Pay Plan Discussion took place. Mr. Killgore stated the only changes were wording changes but nothing significant was changed. We struck the word "merit" and now call it a "Step Pay Plan". The City allocated 3% for increases. The employees would like to see a 3% increase and a cost of living based on the gross national index cost of living. They want the cost of living increase at a later time of the year. If the City would agree to a three (3) year contract with a 3% step each year based on the City's own projections, which were established when we go back to Mr. Minner, and the City could do that 1% later on in the year, we could close out the whole contract for the three (3) years. The union obtained salary comparisons and their start salary is significantly less than it is in other locals. Some of those things balance out but the progression is very slow. At the end of a 20 year period they may only get a $5.00 increase. The bottom line is if we can make those employees whole in those areas we talked about and agree to a three year contract with a 3% increase each year, I think the contract is sellable if that is your bottom line. But at the end of the day we would like to see that 1% cost of living if that is possible. Do you want to see that on their anniversary date or when? It would be spread out. It would be like before it was before. The interest of the membership is to get more money. They are not striving for any kind of merit plan. The merit is too subjective because, they feel it depends on who you work for ---whether they like you or don't like you. The problem was always the same. What was actually the step pay plan, they were calling the merit plan and the difference in any salary increase was in a cost of living. It was flip-flopping names. We have been giving them a cost of living increase but no merit. We were keeping it for accounting purposes, calling it a Step Pay Plan and walking the dollar value in there is the right way to do it if we are going to do that, let's do it for the whole three years ---3% but we would like to see that slight increase over that in the cost of living. Mr. Killgore asked what happens if the cost of living goes down? That is what I am saying, once it is there for the year, it would be there and it would be at 1%. This would resolve all the issues with the people. Is there anything magical about the Step Plan that they want to see it? No. It is that the long term employees have been locked into what has been historical. The contract continued to talk about it but it never existed. Ms. Watson would like not to see a Step Plan but a Quartile (Broadbanding). Mr. Boettjer has this at other agencies. If Broadbanding, you have a low end and a high end. So if you have a salary increase, you know what you are going to get and if at the top of the classification, then you will not bet an increase. So you have to apply for another position and then you are moved to another classification. Mr. Hainey wanted to know how to get to the maximum of the class. Ms. Watson wants to know if that gives us the option to negotiate an option and yes in most agencies that is the case. But I don't know if that would be approved here. Discussion took place on the Step Plans versus Broadbanding and how it works. Most other PEAS are broadbanding. Mr. Boettjer believes that because there was a Step Pay Plan for the Uniforms, they wanted a Step Pay Plan for the civilians. The members don't care about the old Step Pay Plan. The members were talked to about this. If we can level out the new hire issues and agree to a salary increase across the board there is no Step Pay Plan. It's a salary increase for the next three years and that gives you an opportunity to establish Broadbanding. In the long run both sides wind up in a better position. The words "Step Pay Plan" would be removed from the contract and it would state the use of classification and compensation plan. The longevity incentive could still stay because it gives employees something to look forward to. We budget for this. Longevity has to be watched because this increase would cause an employee could top out sooner. Most of the employees stated that if you can level the playing field for those employees who came on board after October 1, 2011, and we can have this (3%) for the next three year and add the Broadbanding. Broadbanding will give some flexibility when needed. The Disciplinary Process and Grievance Procedure, they had some concerns about but Mr. Boettjer spoke them about that. Mr. Killgore requested union information regarding wages. Mr. Boettjer will email the information to Ms. Watson. Article 24 was tabled. Article 25 - Severability Article 25 was tentatively agreed to. Article 26 — Counseling Article 25 was tentatively agreed to. Union Meeting ended at 4:15 PM. PEA COLLECTIVE BARGAINING AGREEMENT - DRAFT WORKING DOCUMENT CONTRACT TERM FROM OCTOBER 1, 2016 TO SEPTEMBER 30, 2019 SIGNIFICANT CHANGE RECOMMENDATIONS: 9.8 Change in item (a) that new full-timers receive personal leave on a pro -rata basis depending when they start and that all personal leave is credited to current employees on October is` each year and must be used by the last full pay period of the fiscal year. Deleted provision to give part-timers personal leave. 10.1 Added item 4. to provide that sick leave is not accrued when an employee is on unpaid leave. 10.3 In item (f) we deleted the language about being given the birthday off if they have not used sick leave and added that they would be paid 16 hours instead of 8 hours with their first full paycheck the following December. 12.4 Rewrote Step 1. In order to omit the initial discussion with the supervisor, that was also addressed in 12.2. This makes Step 1. what was previously Step 2. Thus, the previous wording is included about filing the grievance within 10 days. However, wording is added for the Department Head to schedule a meeting within 5 days (vs. 10) and issue a decision within 5 days (vs. 10) in order to shorten the process. The new Step 2 covers what use to be in Step 3 and adds that the grievant(s) must appeal within 5 days to the Assistant Administrative Services Director — HR Manager and that a written decision be issued within 5 days. The new Step 3 covers what use to be in Step 4 and adds that the grievant(s) must appeal within 5 days to the City Manager and that a written decision be issued within 5 days. The new Step 4 covers what use to be in Step 5 and adds that the grievant(s) must notify the City within 10 days (vs. 15) that arbitration is being invoked. 13.6 Rewrote holiday provisions for employees not scheduled to work to give straight time based on their normal shift. 14.4 In item (f) reworded existing language and added that Maintenance Workers will not be eligible for promotion without a CDL License. 18.7 In item D. added that light duty will only continue for one year. Added provision in item G. that normal benefits can be continued when on disability except for sick and vacation leave. Added item H. for a provision that paid leave, workers compensation and disability payments should not total more than the employees normal take home pay. 20.1 Left salary change for first year subject to negotiation. 20.2 Left salary change for second year subject to negotiation. 20.3 Left salary change for third year subject to negotiation. 22.5 Added provision for polo shirts that would be maintained by the employee and are taxable per IRS Rules. Page 1 of 1 PEA COLLECTIVE BARGAINING AGREEMENT- DRAFT WORKING DOCUMENT CONTRACT TERM FROM OCTOBER 1, 2016 TO SEPTEMBER 30, 2019 MINOR CLARIFICATIONS AND ADJUSTMENTS: Universally changed references to "bargaining unit members' to "employees". Made numerous changes to clarify wording that describes existing provisions of the Agreement. 1.1 Deleted table on Position Classifications. (Step Pay Plan was added as Appendix C and includes job titles and pay grades.) 3.2 Reworded provisions for bulletin boards and use of City email to make them similar to the PBA. 4.1 Changed "semi-monthly" dues deduction to "bi-weekly" —for so long as the PEA remains the bargaining agent. 4.2 Added statement that all persons currently having dues deduction will continue. 5.2 Added provisions for employee to respond to adverse action documents to be placed in personnel file. Also added language to have employee's consent before providing address, phone number, picture, etc. to news media or the public. 5.3 Added provision to have City and employee agree to PEA furnishing info to news media or the public. 7.1 Deleted phrases stating employees "who want to continue working" and if no work is available "based on the employee's job description" from provision for when adverse weather doesn't permit outside work. 7.2 Inserted same language in item (c) and (d) as previous sections 7.5 and 7.6 pertaining to Communications Division. 7.3 Added "in any one workweek" to be clear on overtime after 40 hours. Deleted (c)1 because it stated the same thing as the main body of (c). Changed calculation date from September 301h to the last full pay period of the fiscal year and made the date for a written request September 15' in item (d)2. Deleted "in any situation" from (d)3. as it is unnecessary. Deleted phrase "in excess of 40 hours" from (e) because it may be less than 40. Changed word "will" to "may" also be required to work overtime in item (f). Deleted provision in item (g) stating "if earned and not used in any one fiscal year". If "accrued" then this is redundant. 7.4 Deleted "to attend a scheduled City meeting" since it may be for other reasons. 7.5 Moved to 7.2. 7.6 Moved to 7.2 8.1 Changed item (b) from "a" to "the same" job classification for classification seniority. 8.2 Added "or transfer" to item (a) for continuing to accrue City seniority. Clarified in item (b) that seniority stops accruing when on unpaid leave and continues upon returning. 8.3 Reworded loss of seniority as the result of absence without pay of more than twelve months. 8.4 Moved language previously in item (e)(2) to the beginning of (e)(1) and reworded "If the bargaining unit member possesses the minimum qualifications for that position, and has greater City seniority than the present occupant of that position, the bumping shall take effect within five (5) calendar days from the date of the notification." to simply say "The employee must possess the minimum qualifications for that position, and have greater City seniority than the present occupant of that position.". Taking effect within five (5) calendar days is not always practical. Added in (e)(4) that if employee can not satisfactory perform the duties they bumped into, they will be laid off "without further bumping rights". 8.5 Added that initial contact shall be "attempted" by phone in item (a). Added that it shall be followed by a certified letter "to confirm the phone conversation and/or document that the recall notice has been provided". Changed working days to calendar days in item (b) and added that those desiring to return must notify City in writing. In item (c), Changed wording from "available" to "eligible" and added "of the effective date of such layoff". Added that employee returning at a lower pay grade has their salary adjusted the same as how we treat adjustments to a current employee being adjusted to a lower pay grade. Added they may have their insurance and unpaid vacation sick leave accruals reinstated. 9.1 Clarified in item (a) that everyone full-time gets 40 hours bereavement leave and part-time gets 20 hours. Added that it's for the employee's immediate family and may include a domestic partner, father-in-law or mother-in-law. Changed "funeral" to "bereavement" leave in item (b). Added it must be within 14 calendar days "of the death". Added in item (c) .or leave without pay" for cases where they have no unused leave time. Page 1 of 3 PEA COLLECTIVE BARGAINING AGREEMENT- DRAFT WORKING DOCUMENT CONTRACT TERM FROM OCTOBER 1, 2016 TO SEPTEMBER 30, 2019 MINOR CLARIFICATIONS AND ADJUSTMENTS: (CONTINUED) 9.2 Deleted "as a witness" in item (a). Clarified that they are also paid for their travel time. Clarified in item (b) that attendance for other than work related reasons may be charged to annual leave, compensatory time or personal leave. Inserted in item (c) that attending court must be "on behalf of the City". Inserted in item (d) that employees on vacation are not charged vacation leave for the amount of time they are required to attend court "on behalf of the City or for jury duty. Changed wording of item (e) to say those seeking to "receive leave with pay' rather than being "excused from duty". Clarified in (fl that any compensation received should be remitted to the City. 9.5 Modified to read the same regarding military leave as was in the PBA Agreement. 9.6 Clarified in item (a) that this provision also applies to leave with pay. Changed 1 year to 12 months and in item (b). clarified in (b)(1) that this applies to leave of absence "without pay" and they may use personal leave. Changed wording in (b)(4) from "medical leave of absence" to leave of absence for medical reasons. Also rewrote the consequences of failing to provide a Doctor's note. Changed the word in item (c) from "contribute" to "provide" regarding the pension plan. Clarified in item (d) that they may accrue sick and vacation leave if it is FMLA and what happens with seniority when they are on leave without pay. Clarified in (e) that total premiums must be paid to continue group insurance. 10.1 Clarified in (a) that only "regular" part-timers working 40 hours or more per pay period receive sick leave. Made item (b) the previous item 2. about earning sick leave from their date of hire. Made items 3. what was previously in item (b) about part- timers working less than 40 hours. 10.2 Clarified in item (b) that it applies to consecutive "work" days for determining that a doctor's note may be required. 10.3 In item (b) we changed "shall" to "may' need a doctor's note and added a statement that "Abuse of sick leave shall constitute grounds for disciplinary action, up to and including termination." In item (c) we qualified that employee cannot use sick leave when they are also being compensated for the same time by another employer. In item (g) we clarified that eligibility for sick leave conversion is determined "after the last full pay period" of each fiscal year. 11.2 Deleted bad sentence saying "The bi-weekly period is divided over twenty-six (26) pay periods". Clarified the wording in item (a) about the accrual rate for regular part-timers working 40 hours or more and added language regarding "working forty (40) hours or more per pay period" to the eligibility section A. and heading of Table #2. 11.5 Clarified that employees leaving before the end of probation do not receive payment for unused vacation leave. 12.1 Added that oral reprimands are not grievable unless "documented and" placed in the employee's personnel file. 12.3 Clarified in item (a) that days are "work" days and deleted language regarding deadlines for weekends and holidays being extended to the next working day. In item (b) we changed wording that the "grievant or the PEA" could agree to extending deadlines to just "grievant(s). 12.6 Added that arbitrations shall be held at City facilities within the City. 13.2 Deleted provisions on holidays for employees not scheduled to work and created a new section 13.6 to address this. 13.5 Added item C. to be clear that part-timers not scheduled to work a holiday are not paid for it. 13.6 Added provisions on holidays for employees not scheduled to work that were previous in 13.2. 14.1 Changed "advertised initially" in-house to "posted". 14.2 Added in item (a) that promotion increases will be "at least" Step 1 of that position. In item (b) reworded provisions about reduced pay of a lower paid position being no higher than the maximum rate of the new job or more than 9%. 14.4 Deleted that an employee may be transferred to a vacancy "which is presently unoccupied" and under item (a) deleted approval by the "affected Department Heads". Clarified In item (c) that unqualified probationary employees will be returned "at their former rate of pay". In item (d) removed comment about "(operate a piece of equipment)" and the example about Maintenance Workers. Also in item (d) replaced "3%" with "one-step" and filling in for "another" employee with "a vacancy or for an employee" that is absent for some reason. In item (e) took out excess language about City Manager approval and replaced with "An employee may be assigned". Clarified that it might be an exempt job and the increase would be "to their regular hourly rate of pay". Also removed "once the (3) three-day minimum has been met" so it is clear that they are also entitled to the first 3 days. Page 2 of 3 PEA COLLECTIVE BARGAINING AGREEMENT- DRAFT WORKING DOCUMENT CONTRACT TERM FROM OCTOBER 1, 2016 TO SEPTEMBER 30, 2019 MINOR CLARIFICATIONS AND ADJUSTMENTS: (CONTINUED) 14.5 Added eligibility for incentive pay for the Chief Building Inspector that was agreed to in a previous MCU. 15.1 Changed wording to "eligible employees" vs "full-time bargaining unit members" to recognize that the ACA requires coverage to be offered for workers of 30 hours per week or more. 15.2 Deleted language about obtaining insurance coverage from "another carrier" and substitutes `by another plan". Also deleted language that requires additional contributions toward dependent coverage increases and the reference to Sections 15.3 and 15.4 since these are addressed in those Sections. 15.3 Clarified that this Section addresses employees hired before 30/01/11 and rewords that they pay 50% for any addition cost of dependent coverages and pay the entire cast of any additional supplemental insurance. 15.4 Clarified that this Section addresses employees hired after 10/01/11 and rewords that they pay 75% for any addition cost of dependent coverages and pay the entire cost of any additional supplemental insurance. 15.5 Reworded the language of the provision for continuing insurance after 20 years of service. 17.5 Changed heading and in a number of places to Employee "Evaluation" vs. "Appraisals". 18.7 Changed injury pay to the first 90 calendar days from the first 80 paid work days in item A. 18.9 Clarified in item 18.9 that we deduct the amount reimbursed for work boots/shoes when the employee does not complete probation. 21.1 Replaced language on substance abuse testing following current City Polity with language from PBA document stating we agree to a drug free workplace. 21.2 Added PBA language stating employee will be on leave with pay pending receipt of the lab results. 21.3 Added provision about participating in random drug screenings. 23.1 Replaced entire Article with same wording as proposed for PBA Education Reimbursement. 23.2 Clarified that we reimburse for education vs. just tuition. In item 2. Clarified that books and lab fees are reimbursable. In item 3. Clarified that scholarship or grant amounts are not reimbursable. Clarified in item 4. that if employee voluntarily leaves, reimbursements in the last 2 years would be deducted from their final pay check. In item 6. Added provision that reimbursed textbooks become City property. 24.1 Deleted prior provisions for step Increases after 6 months Added statements regarding paying employees based on the Step Pay Plan and referenced the Step Pay Plan as Appendix B. 24.2 Deleted prior provisions for annual step increases. Restated provision previously stated in 24.6. 24.3 Deleted prior provisions for effective date of 1 step increases. Restated provisions previously in 24.7 on Longevity Pay with a change in item G. to remove provision needed when program was initially adopted and to add provision to delay receiving longevity increases until after being on probation or suspension. 24.4 Deleted prior provisions for request for 2 step increases. 24.5 Deleted prior provisions for 30 review of denied 2 step increases. 24.6 Moved prior provisions for changing job classification anniversary dates when promoted or demoted. 24.7 Moved prior provisions for Longevity Pay to 24.3. 26.1 Clarified that this is meant to address any incident that may be emotionally disturbing. Page 3 of 3