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HomeMy WebLinkAbout85-005 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS . RESOLUTION NO. 85-5 RESOLUTION APPROVING 1985 LABOR AGREE- MENT WITH INTERNATIONAL UNION OF OPER- ATING ENGINEERS, LOCAL NO. 49 WHEREAS, M.S.A. 179, Subd. 4 requires that the City of Arden Hills and the International Union of Operating Engineers, Local No. 49. as the exclusive representative of the City's Public Works employees, enter into a written contract containing the agreed-upon terms and conditions of employment of such employees, and WHEREAS, representatives of the City and the Union have agreed upon the terms and conditions of employment of such Public Works employees for the year 1985, and a 1985 Labor Agreement, embracing such terms and conditions, has been prepared, and WHEREAS, M.S.A. 179.70, Subd. 2, requires that the City implement the terms and conditions of such Agreement by means of a Resolution, NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Council of the City of Arden Hills that the 1985 Labor Agreement between Arden Hills and the International Union of Operating Engineers, Local No. 49 be and it hereby is in all respects adopted and approved in the form submitted, and the Mayor and the Clerk Administrator of the City be and they hereby are authorized to execute the same on behalf of the City. BE IT FURTHER RESOLVED, that the terms and conditions contained in said Agreement be and they hereby are incorporated herein by reference and are made a part hereof as if they were fully set forth herein. BE IT FURTHER RESOLVED, that the Clerk Administrator be and she hereby is authorized and directed to cause a certified copy of this Resolution to be filed with the Public Employment Relations Board and to forward an additional certified copy hereof to the International Union of Operating Engineers, Local NO. 49. Passed by the Council of the City of Arden Hills this 2nd day of January, 1985. K~~)~~ Robert L. Woodburn Mayor ATTEST: . ~~ Charlotte McNiesh Clerk Administrator ! . 1985 LABOR AGREEMENT BETWEEN ARDEN HILLS AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL-CIO ARTICLE 1 PURPOSE OF AGREEMENT . This Agreement is entered into between Arden Hills, hereinafter called Employer. and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. The intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputs concerning this Agreement's Interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the Agreement. The Employer and the Union. through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II RECOGNITION The Employer recognizes the Union as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3, of an appropriate bargaining unit consisting of the following job classifications: PUBLIC WORKS MAINTENANCE WORKER PUBLIC WORKS WORKING FOREMAN ARTICLE III DUES CHECK-OFF AND BULLETIN BOARD In recognition of the Union as the exclusive representative of the bargaining unit, the Employer shall: 3.1 PAYROLL DEDUCTION Deduct each payroll period an amount sufficient to provide for the payment of dues established by the Union from the wages of each employee covered by the terms hereof who has first authorized such deduction in a writing filed with the Clerk Administrator of the Employer; 3.2 REMITTANCE Remit such deduction to an officer of the Union who has been designated in writing thereby; and I 3.3 BULLETIN BOARD Provide or designate a bulletin board, or a portion thereof, for posting notices of Union affairs. ARTICLE IV DESIGNATION OF STEWARD AND INDEMNITY As the exclusive representative of the bargaining unit, the Union: 4.1 STEWARD May designate a certain employee from the bargaining unit to act as steward and shall inform the Employer in writing of such choice; 4.2 INDEMNITY Agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. .' _.~ ARTICLE V EMPLOYER AUTHORITY The Union recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with existing and future laws and . regulations of appropriate authorities including municipality personnel policies and work rules. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. ARTICLE VI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 UNION REPRESENTATIVES The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ' Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is subsidiary to the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when it shall not interfere with such employee duties and responsibilities. The aggrieved employee and the U~ion representative shall be ~llowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in con- formance with the following procedure: Step 1. An employee claiming a violation concerning the interpre- tation or application of this Agreement shall, within ten (10) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer designated super- visor will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing by the employee setting forth the nature of the grievance, the facts on which it is based, the provision(s) of the Agreement allegedly violated, and the remedy requested. It shall be appealed to Step 2 within ten (10) calendar days after the Employer designated supervisor's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within such ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 2 representative. The Employer aesignated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. -2- .. . . I . Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Union the Employer's answer in writing within. ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to mediation, by either party's petitioning the Bureau of Mediation Services, with written notice to the other, for assistance in settling the grievance through mediation. If the mediation efforts fail to resolve the grievance to the mutual satisfaction of both parties, either Party may within ten (10) calendar days after the Director of the Bureau of Mediation Services certifies that further mediation efforts would serve no purpose, by written notice to the other party. request arbitration of the dispute. Step 5. The arbitration proceeding shall be conducted by an arbitrator to be selected by mutal agreement of the Employer and the Union within seven (7) calendar days after the request for such action. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Director, Bureau of Mediation Services, to provide a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name, the other party shall then strike one (1) name and the process will be repeated and the remaining person shall be the arbitrator. Fees and expenses for the arbitrator's services and the proceeding shall be borne equally by the Employer and the Union. However, each party shall be responsible for compensating its own representatives and witnesses. The decision of the arbitrator shall be final and binding upon the parties and the employee(s) and the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of the testimony and argument. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. I B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceed- ings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating the representatives and witnesses called by itself. If either party desires a verbatim record of the proceedings. it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. -3- : 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the Union. ARTICLE VII DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 49, ~IO. . 7.2 EMPLOYER: The City of Arden Hills, Ramsey County. Minnesota, a Minnesota municipal corporation. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Loca~ No. 49. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowances. 7.6 SENIORITY: Length of continuous service with the Employer. 7.7 STEWARD: Employee whose responsibilities are limited to receiving complaints from its member of violations of the Agreement, checking status of membership in unit, reporting safety problems and serving as communicatioft link. ARTICLE VIII SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Arden Hills. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX WORK SCHEDULES 9.1 The Employer has the sole authority in the preparation of work schedules. The normal work day for an employee shall be eight (8) hours from 7:00 o'clock a.m. to 3:30 p.m. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some.employees on a daily, weekly, seasonal or annual basis other than the normal work day or week. The Employer shall give at least three (3) days advance notice to the employees affected by the establishment of work days different from the employee's normal work day or week. 9.3 The employees shall be allowed one coffee break in the morning of twenty (20) mhlutes in duration, exclusive of driving time to and from Public Works building if required, and no coffee break in the after- noon. They-shall be allowed a lunch period of thirty (30) minutes for which they Nill receive no pay. 9.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if reques~ed unless unusual circumstances prevent him from so workillg. I -4- -- , ' 9.5 Service to the public may require the establishment of r~gular work weeks that schedule work on Saturdays and/or Sundays. 9.6 No involuntary time off without pay (temporary layoff) will be implemented for regular employees while temporary or partime employees are on the payroll. with the exception of the employee doing janitorial work at City Hall and the "On the Job Training" student. ARTICLE X OVERTIME PAY . 10.1 For purposes of determining overtime pay, each day will be the twenty- four (24) hour period beginning at 12:01 a.m. and ending at midnight, while each week will be the seven (7) day period beginning on Monday and ending on Sunday. Hours worked in excess of ei9ht (8) within a day (except for shift changes) or more than forty (40) within a week will be compensated for at one and one-half (II) time the employee's regular base pay. For purpose of this section, "hours worked" shall include hours designated as holiday, sick, vacation or compensatory time-off., 10:2 10.3 For the purpose of computing overtime compensation. over-time hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI CALL BACK-STANDBY 11.1 STANDBY. The Employer will establish a seven (7) day rotating schedule of standby assignments. The Employee in standby status will make himself available during that period for call backs and the Employer will call that Employee first should any call backs be necessary. For each twenty-four (24) hour period in a standby status, the Employee will be paid an amount equal to one hour of his base pay rate. 11.2 CALL BACK. An Employee called in for work at a time other than his normal scheduled shift will be paid for the actual hours worked. with a minimum of two (2) hours pay, at one and one-half (II) times the employee's base rate. Special weekend and holiday schedules for lift checking shall be treated as call backs. ARTICLE XII LEGAL DEFENSE 12.2 Employees involved in litigation because of negligence. ignorance of laws. non-observance of laws. or as a result of employee judgmental decision shall not receive legal defense by the City of Arden Hills. 12.2 Except as provided in Section 12.1 hereof, any employee who is charged with a traffic violation. ordinance violation or criminal offense arising from acts performed within the scope of his employment. when such act is performed in good faith and under direct order of his supervisor. shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT I Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE XIV DISCIPLINE AND DISCHARGE The Employer retains the sole right to discipline and discharge employees. If a Layoff is deemed necessary by the Employer, the affected employees will be notified in writing at least four (4) weeks prior to the effective date. ARTICLE XV SENIORITY. Seniority will be the determining criterion for transfers, promotions and layoffs only when all other qualification factors are equal. -5- " ARTICLE XVI PROBATIONARY PERIODS. 16.1 All newly hired or rehired employees will serve a minimum of si~ (6) month's probationary period. 16.2 All employees wi1l serve the probationary period in any job class- ification for which has not served one previously. 16.3 At any time during the probationary period, the probationary employee may be discharged at the sole discretion of the Employer. 16.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. 16;5 At least three (3) weeks prior to the completion of the probationary period, the Clerk Administrator shall r.eview the performance of the probationary employee and notify the Council of his recommendations. The matter shall be placed on the Council agenda for the next regular meeting, at which time the Council shall consider the recommendation and make a determination as to whether the employee shall be continued as a regular employee, or whether he shall be terminated at the end of the probationary period. If he is not to be continue beyond the end of the probationary period, the employee shall be so notified before the end of such period. ARTICLE XVII SAFETY. The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII JOB POSTING 18.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to" meet the standards of the.job vacancy; and 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of ARTICLE XVI (PROBATION- ARY PERIODS). 18.3 The Employer has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX WAGES AND FRINGE BENEFITS. 19.1 BASE PAY RATE - NEW EMPLOYEES After the effective date of this Agreement (i.e., January 1, 1985), a new employee shall be paid such base rate during his probation period as the Employer's Council in its sole discretion determines to pay him, provided that it is at least seventy percent (70%) of the regular employee's base pay rate. If the Council decides, at the end of his probationary period, to continue him as a regular employee, his base pay rate shall be increased, for a period of six (6) months after his probationary status has been removed, to such rate as the Council in its sole discretion determines to pay him, provided that it is at least eighty percent (80%) of the regular employee's base pay rate, and it shall be increased again by the Council to such rate as the Council determines in the exercise of its sole discretion, provided that it is at least ninety percent (90%) of the regular employee's base pay rate, for a period of one (1) year beginning with the commencement of his second year of -6- , , . I employment. Both such increased base pay rates shall be no greater than the rates being paid to the existing regular employees. Effective the date on which his third year of employment commences, the new employee shall be paid the full base pay rate then being paid to the existing regular employees. 19.2 BASE PAY RATE - REGULAR EMPLOYEES Effective January 1, 1985 the base pay of each regular employee shall be increased by adding to his previous year's base pay rate fifty cents (.50) per hour. . , , In the event during the term hereof, an existing regular employee is assigned temporarily or permanently as Public Works Working Foreman, that employee shall receive thirty cents (30~) in addition to his regular base pay rate for each hour he works in such capacity. If the Council decides at the end of his Probationary period, to continue him as Public Works Working Foreman, he shall receive sixty cents (60~) in addition to his regular base pay rate for each hour he works in such capacity. . 19.3 FRINGE BENEFITS The following are the fringe benefits to which employees covered hereunder shall be entitled during the term hereof: A) Sick Leave. Each said employee shall be entitled to one (1) day's sick leave per month, with pay, accruing from the first day of employment. This leave cannot be used until after one (1) year's service credit has been earned. Maximum accumulations will be in accord with City Ordinances on the subject. B) Funeral Leave. Each said employee shall be entitled to three (3) days' funeral leave with pay for a death in the immediate family of the employee. "Immediate family" is defined herein as the spouse, parents, children, brothers and sisters of the employee and parents of the spouse of the employee. C) Vacation. Each said employee shall accrue, at the end of each two (2) week pay period an amount of vacation time based on his number of years of service credit. No vacation may be used by employee until the end of his probationary period, No regular employee can carry into the next calendar year any more accrued vacation leave benefits than forty (40) hours in excess of the total hours he has actually accrued during that year. Years of Service o to 5 years Over 5 to 11 years Over 11 to 13 years Over 13 to 15 years Over 15 years 2 Week Accrual 3.5 hours 5.0 hours 5.5 hours 6.0 hours 6.5 hours I D) Group Insurance. Effective January 1, 1985, the employer shall pay up to One Hundred Ninety Two dollars ($192.00) of the premium for group insurance coverage of each said Employee and his de- pendents which affords among other things $15,000 term life insurance, which includes accidental death and dismemberment coverage; employee weekly loss of time benefits after a waiting period of twenty nine (29) days; unlimited, major medical expenses. If the premium for group insurance coverage increases, the Employer and Employee share shall be increased in proportion to the premium increase. Example: 1/1/83 10/1/83-10/1/85 Total Premi um' $225.40 273.87 Emp 1 oyer Share $192.00 233.29 Employee Share $ 33.40 40.58 E) Holidays. Each employee covered hereunder shall be entitled to to take the following nine (9) dates as paid holidays: January 1 (New Year's Day); the third Monday in February (Washington's and Lincoln's Birthday); the last Monday in May (Memorial Day); July 4 (Independence Day); the first Monday in September (Labor Day; the second Monday in October (Christopher Columbus Day); November 11 (Veteran's Day); the fourth Thursday in November -7- " (Thanksgiving Day); and December 25 (Christmas Day); provided, when January 1 (New Year's Day, July 4 (Independence Day), . November 11 (Veteran's Day) or December 25 (Christmas Day) falls on Sunday, the following day shall be a holiday, and if any of said dates fall upon a Saturday, the preceding day shall be a holiday. During the term of this Agreement, each Employee covered hereunder shall be entitled, in addition to the fore- going holidays, to work only one-half (i) of the last working day before the Christmas and New Year's holidays and to receive pay at his base pay rate for the one-half (i) day he did not work. In addition to the foregoing paid holidays and as provided in Section 3F. of Ordinance No. 83, as amended by Ordinance No. 187, the Employer's Personnel Ordinance, each said employee shall be ~ entitled to one additional paid holiday of his choice provided the date he has selected for such additional holiday has been first approved by the Superintendent of the Public Works Department of the Employer. F) Uniform Allowance. The employer shall provide an annual uniform allowance of $202.00 for each employee. consisting of $150.00 for clothing and $52.00 for cleaning. The cleaning allowance is payable semiannually to each employee at the rate of $26.00 in January and July. Employees shall purchase uniforms and jackets from the same vendor semiannually, not to exceed the allowance per employee. If an employee does not use the $150.00 for uniforms and jackets, he will be reimbursed annually for gloves, boots, rain suites etc. which he has purchased. Receipts for these purchases are required. G) Mileage Reimbursement; Attendance at Training Schools or Seminars. Each employee covered hereunder shall be entitled to receive a $.20 per mile reimbursement on account of his use of a private vehicle to travel to and from a recognized school of training or a seminar which will enhance his knowledge in a field directly connected with or related to the functions he performs as an employee of the Employer; provided. however, that his attendance at any such school or seminar must have"been first approved by the Superintendent of the Public Works Department before the Employee will be entitled to attend such school or seminar and to obtain the aforesaid reimbursement. H) Compensatory Time-Off in Lieu of Overtime Pay. Each said employee shall be entitled to take, in lieu of overtime pay for overtime hours worked, compensatory time-off based upon one and one-half (Ii) hours per hour of overtime work; or in lieu of standby status pay, compensatory time-off on an hour for hour basis. Whenever, at the end of a pay period, he has accumulated more than forty (40) hours. he must use the amount over forty (40) during the following pay period or be paid in cash. I) Injury on Duty. If an "Injury Duty" forces and Employee to miss work, the Employer will pay the Employee for each regular day missed an amount equal to the difference between a day's pay at the regular base rate and the amount payable to the Employee for that day by Workmen's Compensation up to a maximum of twenty six I (26) days. No sick leave shall be charged against the emplQ.Y:~~.__ "_ -8- . I ARTICLE XX DURATION This Agreement shall be effective as of January 1, 1985. and shall remain in full force and effect until December 31, 1985. It shall continue in full force and effect from year to year thereafter unless terminated or renegotiated in the manner provided by the Minnesota Employment Labor Relations Act of 1971 as amended. IN WITNESS WHEREOF, rPd day of he parties hereto have executed this Agreement this , 19..eL. CITY OF ARDEN HILLS By ~f~~ . 0 ~rt. L. Woodburn ~o;? By ~tiJJ~ Charlotte McNiesh Clerk Administrator In Presence of: ~~._~~~~ d'~ . '-ff H;.~ fl. ~{Jlf/rJ By ~~~ Tim R. Connors, ABR ~~ tJ~ Steward By -9- "