CONFIDENTIAL COLLECTIVE BARGAINING PREPARATION PRODUCT

AFSCME Florida Council 79

Human Services, Professional, Operational Services, and Administrative and Clerical Units

Status of Collective Bargaining as of February 10, 2010

2010-2011 Successor Negotiations

(Shaded = Closed)

Articles at Impasse: 6

Article / Status / State Proposals (Summary) / Union Proposals (Summary) / Comments /
1 – Recognition / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
2 – Vacant / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
3 – Dues Checkoff / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
4 – No Discrimination / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
5 – Union Activities and Employee Representation / Tentatively Agreed To / State Proposal of January 22, 2010:
Incorporates MOU language regarding employee lists into Section 4 of the agreement / Tentatively agreed to State proposal and signed by the parties
6 – Grievance Procedure / Open / State Proposal of February 8, 2010:
Defines “file” or “appeal” in agreement to memorialize the continuing practice that the terms “file” “appeal” and “submit” all mean the actual receipt of a grievance; clarifies timelines for recipient of grievance at each step of grievance process; provides for the employees designation of a representative other than a union representative; provides for the filing of grievances by facsimile, email, personal service, or USPS; provides addresses for filing grievance at Step 3 and appeals to arbitration. The Union has verbally agreed to this language. / Union Proposal of January 19, 2010:
Proposes involuntary transfers and written reprimands be grievable up to Step 3 of the Grievance Procedure. / The only issue remaining at impasse is the Union’s proposal that written reprimands be grievable up to Step 3 of the collective bargaining grievance procedure. Bargaining unit employees have the statutory right to grieve written reprimands utilizing the Career Service grievance procedure set forth in Section 110.227(4), F.S. The parties agreed to and signed the State’s proposal to include grievability of involuntary transfers in Article 7, and the State has solicited responses/positions of the agencies regarding the grievability of written reprimands via the collective bargaining grievance process. The Union verbally proposed during February 5, 2010 negotiations that it would consider the grievability of written reprimands up to Step 2 of the collective bargaining grievance procedure. The parties continue to negotiate this remaining issue.
7 – Discipline / Tentatively Agreed To / State Proposal of January 22, 2010:
Proposes addition of involuntary transfer of more than 50 miles by highway to actions requiring at least 10 days notice based on statutory change to 110.227. Corrects reference to 110.227(5)(a), F.S. for actions requiring 10-day notice. / Tentatively agreed to State proposal and signed by the parties
8 – Workforce Reduction / Tentatively Agreed To / State Proposal of January 22, 2010:
Correctly defines length of service and break in service in Section 1 as counter to Union proposal of January 19, 2010. All other language status quo. / Union Proposal of February 5, 2010:
Same as State Proposal of January 22, 2010 with additional explanation of continuous service to include paid status or authorized leave without pay. / Tentatively agreed to Union proposal and signed by the parties
9 – Vacant / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
10 – Vacant / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
11 – Classification Review / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
12 – Personnel Records / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
13 – Health and Safety / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
14 – Performance Review / Tentatively Agreed To / State Proposal of January 22, 2010:
Proposes performance reviews be conducted in accordance with Rule 60L-35, F.A.C. / Tentatively agreed to State proposal and signed by the parties
15 – Length of Service Preference / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
16 – Payroll Checkoff / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
17 – Vacant / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
18 – Leaves of Absence, Hours of Work, Disability Leave / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
19 – Replacement of Personal Property / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
20 – Training / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
21 – Out of Title Work / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
22 – Vacant / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
23 – Vacant / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
24 – On-Call Assignment and Call Back / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
25 – Wages / Tentatively Agreed To / State Proposal of February 8, 2010:
Proposes in Section 1:
From each agency’s available funds in the salary and benefits category, each agency head is provided the authority to grant non-recurring lump sum performance bonuses of up to $1500 plus applicable taxes for permanent employees who are at a minimum, meeting their required performance standards. No lump-sum bonus shall be paid prior to June 1, 2011. Proposes the agencies and the Union meet and consult regarding the distribution of lump sum bonuses.
Proposes in Section 2:
Wage and salary additives shall be in accordance with state law and the GAA. Contingent upon availability of funds and salary rate, each agency is authorized to provide: (A) Salary increases to job classes or occupations experiencing excessive turnover or recruitment difficulties; (B) Merit pay increases; (C) Salary equity increases; and (D) Increases to on-call pay or shift differentials.
Proposes in Section 3:
Proposes special pay issue for the Department of Children and Families, Economic Self-Sufficiency Program, Automated Community Connection to Economic Self-Sufficiency (ACCESS) Program that was awarded federal funds for achieving a low error rate in the determination of client eligibility for food stamps. Appropriations in the salaries and benefits category are requested to provide a one-time salary bonus of $500 plus applicable taxes to reward the employees of the ACCESS program for their superior achievement and national recognition in the Supplemental Nutrition Assistance Program. The bonus is effective July 1, 2010.
Proposes in Section 4:
Cash payout of up to 24 hours of annual leave in accordance with 110.219, F.S.
Proposes in Section 5:
Eligibility for profit-sharing for ideas or programs that result in budget savings to the state in accordance with Section 110.1245(1), F.S.
In the event the 2010 Legislature provides a different or additional funding for wage increases or payments, the State and Union agree that such shall be administered in accordance with the provisions of the FY 2010-2011 GAA and any other relevant statutes. / Union Proposal of February 5, 2010:
Submitted the State’s proposal of January 27, 2010 with the addition of a Career Service modifier (which is not necessary due to the fact that the Union only represents Career Service employees) and also proposes in Section 1 that the parties meet and negotiate the distribution of lump sum bonuses. / Tentatively agreed to State proposal and signed by the parties
26 – Quality Service Through Partnership / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
27 – Health Insurance / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language with only a fiscal year date change / Tentatively agreed to and signed by the parties
28 – Travel Expenses / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
29 – No Strike / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
30 – Prevailing Rights / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
31 – Management Rights / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
32 – Entire Agreement / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
33 – Savings Clause / Tentatively Agreed To / State Proposal of January 22, 2010:
Status Quo Language / Tentatively agreed to and signed by the parties
34 – Duration / Tentatively Agreed To / State Proposal of January 22, 2010:
Proposes the new expiration date of the agreement as June 30, 2011. / Tentatively agreed to and signed by the parties

G:\HRM\Collective Bargaining\Impasse 2010-2011\Impasse Notebook\05 AFSCME - Human Services, Professional, Operational Services and Administrative and Clerical Units\03 Current Status of Negotiations\CB Status Sheet AFSCME as of 021010.doc