HomeMy WebLinkAbout04 - Labor Agreement with Local 49ers, January 1 , 2017-December 31, 2019STAFF REPORT
DATE: August 1, 2017
CONSENT
MOTION
TO: City Council
FROM: Kristina Handt, City Administrator
AGENDA ITEM: Local 49ers Collective Bargaining Agreement 2017-2019
REVIEWED BY: Julie Johnson, City Clerk
BACKGROUND:
In March 2016, the permanent, non-exempt public works employees voted to join the Local 49ers. The
bargaining unit covered all public works operators levels III-I. In April 2016 the Council appointed
Mayor Pearson and Council Member Fliflet to assist staff with labor negotiations. Staff met with the
Mayor and Council member Fliflet early in the process to gain their perspective. Multiple meetings then
occurred between union representatives and staff with a couple of closed sessions held by Council. In
May and July, the City and union entered into mediation. At the second mediation meeting on July 11th, a
tentative agreement was reached. The public works bargaining unit voted to approve the agreement in
late July.
ISSUE FOR DISCUSSION:
Should Council approve the 2017-2019 Labor Agreement with the Local 49ers?
PROPOSAL DETAILS/ANALYSIS:
The 2017-2019 contract documents the parties’ agreements related to wages and other working conditions
and lays out the process for addressing disputes.
The funeral leave section is similar to the current employee handbook policy with the addition of step
relations.
Discipline is for just cause and may include oral, written reprimands, suspension, demotion or discharge.
At the request of the employee, the oral and written reprimands may be removed after 5 years if there is
no further disciplinary action.
Professional development and extended illness bank are similar to current policy.
Under the PTO section a level was added for 25+ years at 10 hours bi weekly. Furthermore, any amount
above the 240 annual cap may be converted to the Minnesota State Retirement System (MSRS). Council
will need to pass a separate resolution with specific language from the state department before this is
implemented.
Beginning 1/1/18, all bargaining unit employees will transfer to the union health insurance plan and
contribute 15% towards the monthly premium.
Life insurance and disability remain the same as current policy.
Columbus Day was added to the official holidays list.
Hours of work are Monday through Friday, 40 hours. The City may change the schedule by providing a
7-day notice. Hours worked in excess of that normal work shift including holidays would be
compensated at time and a half. The comp time max accrual has been increased to 40 hours.
Article 20 covers the on call pay provisions for weekdays, weekends and holidays.
Call back and right to subcontract provisions remain similar to current policy.
Bargaining employees will be provided with a city issued cell phone, uniforms, and other gear. An
annual reimbursement of $175 for boots is also included.
Article 29 addresses wages. The City will keep its current format of Public Works Operator III to I
levels. For the recently added Lead Worker position a probationary and full standing wage were
established. Employees would be eligible for a change in classification after meeting the licensing and
certification requirements in the job descriptions for each level. In an MOU, the City further agreed not to
change those requirements prior to 12/31/18. If the City does change them, a 120-day notice is required
in the contract.
Employees have the right to participate in the Central Pension Fund. Those details are further covered in
an MOU. The bargaining unit would have to vote to participate in this. It is funded from paycheck
deductions so there is no fiscal impact to the city.
The last MOU addresses red circling of some employees. The three employees identified had already
been grandfathered into their position so the MOU states that they would not lose their current standing if
the requirements for those levels changed in the future.
FISCAL IMPACT:
The impact to the 2017 budget will be an additional $10,100 in wages, payroll taxes and PERA. The
increase in the 2018 budget will be about $60,000 in those categories. The increase then to the 2019
budget would be about $23,500 in those categories.
The 2017 impact was reduced significantly due to changes in employees, vacancies in positions and
delays in filling the new position from what was proposed in the 2017 budget. The impact for 2018
assumes no changes in employees, vacancies in positions or newly created positions.
OPTIONS:
1) Approve the 2017-2019 Labor Agreement between the City of Lake Elmo and the International
Union of Operating Engineers Local 49
2) Amend and then Approve the 2017-2019 Labor Agreement between the City of Lake Elmo and
the International Union of Operating Engineers Local 49
3) Do not approve the 2017-2019 Labor Agreement and direct someone else to negotiate with the
union.
RECOMMENDATION:
If removed from the consent agenda:
Motion to approve the 2017-2019 Labor Agreement between the City of Lake Elmo and the
International Union of Operating Engineers Local 49
ATTACHMENTS:
• 2017-2019 Labor Agreement
• MOU Licenses and Certifications
• MOU Central Pension Fund
• MOU Red Circling
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LABOR AGREEMENT
BETWEEN THE
CITY OF LAKE ELMO
-AND-
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL No. 49
AFL-CIO
January 1, 2017 through December 31, 2019
Tentative Agreement 7.11.17
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ARTICLE 1 Purpose of Agreement 3
ARTICLE 2 Definitions 3
ARTICLE 3 Recognition 4
ARTICLE 4 Union Security 4
ARTICLE 5 Employer Security 5
ARTICLE 6 Employer Authority 5
ARTICLE 7 Grievance Procedure 6
ARTICLE 8 Savings Clause 8
ARTICLE 9 Leaves of Absence 9
ARTICLE 10 Discipline 9
ARTICLE 11 Professional Development 9
ARTICLE 12 Extended Illness Bank 10
ARTICLE 13 PTO 10
ARTICLE 14 Health Benefits 11
ARTICLE 15 Life Insurance 11
ARTICLE 16 Disability Insurance 11
ARTICLE 17 Holidays 11
ARTICLE 18 Hours of Work 12
ARTICLE 19 Overtime Pay 12
ARTICLE 20 On Call 13
ARTICLE 21 Call Back 13
ARTICLE 22 Right to Subcontract 13
ARTICLE 23 Uniforms/Boots/Safety/Cell Phone Allowance 13
ARTICLE 24 Layoff and Recall 14
ARTICLE 25 Probationary Period 14
ARTICLE 26 Job Posting 14
ARTICLE 27 Safety 15
ARTICLE 28 Severance 15
ARTICLE 29 Wages 15
ARTICLE 30 Retirement Insurance 16
ARTICLE 31 Waiver 16
ARTICLE 32 Duration 17
MOU – Central Pension Fund
MOU- Job Requirement Changes
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ARTICLE 1-PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Lake Elmo, hereinafter called the
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 and memorialize the parties’ agreement concerning wages and other terms
and conditions of employment for the duration of such agreements;
1.2 Establish procedures for the resolution of disputes concerning the interpretation and/or
application of this written Agreement.
ARTICLE 2-DEFINITIONS
2.1 DAYS: Calendar Days excluding Saturdays, Sundays and Recognized holidays.
2.2 UNION: The International Union of Operating Engineers, Local No. 49, AFL -CIO.
2.3 EMPLOYER: The individual municipality designated by this AGREEMENT is the CITY
OF LAKE ELMO.
2.4 UNION MEMBER: A member of the International Union of Operating Engineers,
Local No. 49.
2.5 EMPLOYEE: A member of the exclusively recognized bargaining unit.
2.6 BASE PAY RATE: The Employee’s hourly pay rate exclusive of any other special
allowances.
2.7 SENIORITY: Length of continuous service with the EMPLOYER.
2.8 SEVERANCE PAY: Payment made to an Employee upon honorable termination of
employment.
2.9 CALL BACK: Return of an Employee to a specified work site to perform assigned
duties at the express authorization of the EMPLOYER at a time other than the normal work
day. An extension of or early report to an assigned shift is not a call back .
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2.10 On-Call: Periods of time when an employee is not scheduled to work but must
remain available to work.
2.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one’s
position, the stoppage of work, slowdown, or abstinence in whole or in part from the full,
faithful and proper performance of the duties of employment for the purpose o f inducing,
influencing, or coercing a change in the conditions or compensation or the rights, privileges or
obligations of employment.
2.12 GRIEVANCE: A dispute between the parties as to the application or interpretation of
this agreement. Such procedures for filing a grievance are outlined in Article 6.
2.13 IMMEDIATE FAMILY: The employee’s spouse, and the children, grandchildren, parents,
grandparents, brothers and sisters, of the employee and the employee’s spouse, including all step
relations.
2.14 WORK WEEK: For the purposes of this agreement the normal work week shall be forty (40)
hours Monday through Friday.
ARTICLE 3-RECOGNITION
3.1 The EMPLOYER recognizes the UNION as the exclusive representative for all
employees of the Lake Elmo Street, Water & Sewer, and Park & Recreation employees, who
work more than 14 hours per week, or, thirty five (35) percent of the normal work week, and
more than 67 working days per year, excluding the Director of the Public Works, Clerical,
Supervisory, and Administrative Personnel.
3.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or
exclusion of a new or modified job class, the issue shall be submitted to the bureau of mediation
services for determination.
ARTICLE 4 – UNION SECURITY
All employees who have completed thirty-one (31) calendar days of employment shall become
members of the Union and shall maintain their membership in good standing. “In good
standing,” for the purpose of this Agreement, is defined as to mean the payment of a standard
initiation fee and standard regular monthly dues uniformly required as a condition of acquiring or
retaining membership in the Union.
In recognition of the UNION as the exclusive representative the EMPLOYER shall:
4.1 Deduct each payroll period an amount sufficient to provide the payment of dues
established by the UNION from the wages of all employees authorizing in writing such
deduction, or as allowed for fair share dues and representation as provided for under PELRA,
and
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4.2 Remit such deduction to the appropriate designated officer of the UNION.
4.3 The UNION may designate certain employees from the bargaining unit to act as stewards
and shall inform the EMPLOYER in writing of such choice.
4.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders or judgments brought or issued against the City as a result of any action
taken or not taken by the City under the provisions of this Article.
ARTICLE 5-EMPLOYER SECUIRTY
5.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage,
participate in or support any strike, slow down, other interruption of or interference with the
normal functions of the EMPLOYER.
5.2 Any employee who engages in a strike may have their appointment terminated by the
EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon
written notice served upon the employee.
5.3 An employee who is absent from any portion of the employee’s work assignment without
permission, or who abstains wholly or in part from the full performance of the employee’s duties
without permission from the employee’s EMPLOYER on the date or dates when a strike occurs
is prima facie presumed to have engaged in a strike on such date or dates.
5.4 An employee who knowingly strikes and whose employment has been terminated for such
action may, subsequent to such violation, be appointed or re-appointed or employed or re-
employed, but the employee shall be on probation for two years with respect to such civil service
status, tenure of employment, or contract of employment, as the employee may have theretofore
been entitled.
5.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which the
employee engaged in a strike
ARTICLE 6-EMPLOYER AUTHORITY
6.1 The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set and amend
budgets; to determine the utilization of technology; to establish and modify the organizational
structure; to select, direct and determine the number of personnel; to establish work
schedules; and to perform any inherent managerial function not specifically limited by this
AGREEMENT.
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6.2 Any term and condition of employment not specifically established or modified by the
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish, or eliminate.
ARTICLE 7-GRIEVANCE PROCEDURE
Section A. A grievance is defined as any dispute or disagreement between an employee and
the City as to the interpretation or application of this agreement and shall not include any
dispute or disagreement regarding proposed changes in the terms and conditions of this
agreement, nor shall a grievance extend to matters of inherent managerial policy, the overall
budget of the City, utilization of technology, the organizational structure or selection, direction
and number of personnel.
Section B. A grievance shall not be valid for consideration unless the grievance is submitted
in writing within twenty (20) days after the grievance arose. Failure to file any grievance within
such period shall be deemed a waiver thereof.
Section C. The employee and the City shall attempt to adjust all grievances which may
arise during the course of employment in the following manner:
Subd. 1. An effort shall first be made to resolve the grievance informally between
the employee and supervisor. If the grievance cannot be resolved through
informal discussion, then the grievance shall be submitted in writing to the
supervisor setting forth the facts and the specific provisions of the
Agreement allegedly violated. The supervisor or his/her designee will give
his/her written decision on the grievance within ten (10) days after receipt
of the written grievance.
Subd. 2. In the event that the grievance is not resolved in Subd. 1, the decision
rendered in Subd. 1 may be appealed to the City Administrator provided
such appeal is made in writing and appealed to the City Administrator
within five (5) days after receipt of the decision in Subd. 1. The City
Administrator or his/her designee shall set a time to meet with the
employee within fifteen (15) days after receipt of the appeal. Within ten
(10) days after the meeting, the City Administrator or his/her designee
shall issue a decision in writing.
Subd. 3. In the event that the grievance is not resolved in Subd. 2, the decision
rendered in Subd. 2 may be appealed to the City Council within five (5)
days after receipt of the decision in Subd. 2. Said City Council shall
consider such grievance at a meeting called within fifteen (15) days after
said appeal is filed with the City Clerk.
Subd. 4. A grievance unresolved in Subd. 3 and appealed in Subd. 4, shall be
submitted to the Minnesota Bureau of Mediation Services. A grievance
not resolved in Subd. 4 may be appealed to Section F within fifteen (15)
days following the EMPLOYER’S final answer in Subd. 4 . Any grievance
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not appealed in writing to Section F by the UNION within fifteen (15) days,
shall be considered waived.
Subd. 5. The employee in each of the above subdivisions may be accompanied by
and represented by a person designated by him/her.
Section D. Failure by the employee to appeal a grievance from one (1) subdivision to another
within the time periods provided; therein, shall be deemed a waiver of the grievance. In
computing time in the foregoing procedure, the word “day” shall constitut e calendar days.
Section E. Failure by the City Council or the City employees to issue a decision within the
time period provided herein shall constitute a denial of the grievance.
Section F. Arbitration Procedure: In the event that the employee and the City are unable
to resolve any grievance as defined in Section A herein, the grievance may be submitted to
binding arbitration.
Subd. 1. A request to submit a grievance to arbitration must be in writing, signed by
the aggrieved party, and such request must be filed in the office of the City
Clerk within ten (10) days following the decision in Subd. 4 of the grievance
procedure.
Subd. 2. No grievance shall be considered by the arbitrator which has not first been
duly processed in accordance with the grievance procedure and appeal
provisions outlined in this procedure.
Subd. 3. The grievance shall be heard by a single arbitrator and both parties may
be represented by such person or persons as they may choose and
designate, and the parties shall have the right to a hearing at which time
both parties will have the opportunity to submit evidence, offer testimony,
and make oral or written arguments relating to the issues before the
arbitrator.
Subd. 4. Decisions by the arbitrator in cases properly before him/her shall be final
and binding upon the parties.
Subd. 5. Each party shall bear its own expenses in connection with the arbitration,
including expenses relating to the party’s representatives, witnesses, and
any other expenses which the party incurs in connection with presenting
its case in arbitration. A transcript shall be made of the hearing. The
parties shall share equally fees and expenses of the arbitrator, the cost of
the transcript, and any other expenses which the parties mutually agree
are necessary for the conduction of the arbitration.
Subd. 6. The arbitrator shall have jurisdiction over disputes or disagreements
relating to matters properly before the arbitrator pursuant to the terms of
this procedure. The jurisdiction of the arbitrator shall not extend to the
proposed changes in terms and conditions of employment as defined
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herein and contained in a written agreement or memorandum of
agreement as agreed to by the parties; nor shall an arbitrator have
jurisdiction over any matter which has not been submitted to arbitration in
compliance with the terms of the grievance and arbitration procedure as
outlined herein; nor shall the jurisdiction of the arbitrator extend to matters
of inherent managerial policy, which shall include but are not l imited to
such areas of discretion or policy as the functions and programs of the
Employer, its overall budget, utilization of technology, the organizational
structure and selection and direction and number of personnel.
Subd. 7. Upon the proper submission of a grievance under the terms of this
procedure, the parties shall, within fifteen (15) days after the submission,
attempt to agree upon the selection of an arbitrator. If no agreement is
reached within fifteen (15) days, the parties may individually or jointly
request the Bureau of Mediation Services to appoint an arbitrator,
requesting that said appointment be made within thirty (30) days after the
receipt of said request.
7.1 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 a nswer 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 agreeme nt of the EMPLOYER
and the UNION.
7.2 Choice of Remedy
If a grievance involves the suspension, demotion or discharge of an Employee who has
completed the required probationary period, and the Employee has rights under the
Minnesota Veterans Preference Act (VPA), the grievance may be appealed either pursuing
arbitration under this Agreement or by requesting a hearing under the VPA. If the Employee
appeals under the VPA or pursuant to some other applicable employment law, the grievance
is not subject to the arbitration procedure and the Employee shall have waived the right to
arbitrate pursuant to this Agreement.
ARTICLE 8 SAVINGS CLAUSE
8.1 This Agreement is subject to the laws of the State of Minnesota, the United States of
America, and the signed municipality. In the event any provision of this Agreement shall be held
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
shall continue in full force and effect.
ARTICLE 9-LEAVES OF ABSENCE
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9.1 Funeral leave shall be granted to full-time Employees as follows:
An employee will be granted a maximum of three (3) working days funeral leave with pay in
the event of a death in the employee’s immediate family, One (1) paid day for funeral leave
will be granted for family not defined as immediate family. Additional days for funeral leave
may be granted at the discretion of the Public Works Director for extenuating and unusual
circumstances, which additional time may be charged against the employee’s PTO time.
9.2 Funeral Leave will be at the Employee’s regular rate of pay. Upon approval of the
supervisor, the Employee may choose to use PTO to extend the funeral leave. The
authorized supervisor may determine the length of leave for any case not meeting the above
guidelines.
9.3 All other leaves will be in accordance with Minnesota State Statute Chapter 181.
ARTICLE 10-DISCIPLINE
10.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just
cause only.
a. oral reprimand;
b. written reprimand;
c. suspension'
d. demotion; or
e. discharge
10.2 Written reprimands, notices of suspension, notices of demotion and notices of discharge
which are to become part of an Employee's personnel file shall be presented in written form read
and acknowledged by signature of the Employee. The Employee and Union will receive a copy of
such reprimands and/or notices at the time of implementation. At the request of the Employee,
oral and written reprimands shall be removed from the file after five (5) years provided the
Employee has not been involved in disciplinary action.
10.3 Employees may examine their own individual personnel files at reasonable times under the
direct supervision of the EMPLOYER.
10.4 Employees will not be questioned concerning an investigation that may lead to disciplinary
action unless the employee has been given the opportunity to have a Union representative of their
choice present at such questioning.
ARTICLE 11-PROFESSIONAL DEVELOPMENT
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11.1 When an employee’s attendance at training or educational sessions is directed by
the City, such attendance will be without loss of pay. Such attendance will include reasonable
reimbursement for travel, lodging, and/or program expenses, provided such expenses are
approved in advance by the City Administrator or Public Works Director.
ARTICLE 12- EXTENDED ILLNESS BANK
12.1 All accrued, but unused, Sick Leave banks of City employees as of January 1, 2004 were
converted to Extended Illness Banks. An employee’s Extended Illness Bank balance may be
utilized only for illness or injury, as certified by a physician’s statement; and, only after an
employee has used ten (10) days of Paid Time Off.
12.2 Under no circumstances can an employee receive both Extended Illness Bank balances
and Worker’s Compensation benefits for the same period of disability, except if the employee
elects to receive Worker’s Compensation benefits, he/she may also use Extended Illness Bank
balances, subject to other related Policy, to the extent necessary to increase their income to their
net wage prior to the injury or onset of the disease.
ARTICLE 13-PTO
13.1 Accrual rates: All full time and all part time employees shall receive PTO benefits
which shall be paid at their regular rate of compensation and may be used in a minimum of
thirty (30) minute increments. PTO may be used as it is earned, pursuant to the following
schedule:
Upon
completion
Of:
Monthly Accrual Rate
0-5 years 5 hours bi-weekly
6-10 years 6.5 hours bi-weekly
11-15 years 8 hours bi-weekly
16-24 years 9.5 hours bi-weekly
25 + 10 hours bi-weekly
Employees with 20 or more years of completed service as of January 1, 2004, shall accrue
Personal Time Off at a rate of eleven (11) hours bi-weekly.
13 .2 No more than two hundred forty (240) hours of PTO may be carried over into the
following year. Any amount above the maximum two hundred forty (240) hours shall be
converted to a contribution to MSRS. Such conversion shall be capped at forty (40) hours
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accumulation per year. The conversion shall take place once a year in the second week in
December.
ARTICLE 1 4-HEALTH BENEFITS
Effective 1/1/2018 The Employer agrees to make monthly contributions to the Health and
Welfare Fund and will execute a separate participation agreement regarding those
contributions. The Empl oyer will provide to all full time employees, Local 49’s Bargaining
Premium Health Insurance at the rate set forth by the fund trustees, with the employee
responsible for paying fifteen percent (15%) towards the cost of the premium.
ARTICLE 1 5-LIFE INSURANCE
The Employer will purchase and maintain at its expense, a Term Life insurance policy in the
amount of $25,000 for each employee.
ARTICLE 1 6-DISIBILITY INSURANCE
The Employer will provide at its expense, long and short term disability insurance for each
employee. Except as otherwise prohibited by law, this policy will in no way affect or be
affected by the employee's Worker's Compensation benefits.
ARTICLE 17- HOLIDAYS
17.1 Holidays are defined as:
1. New Year’s January 1
2. Martin Luther King Day Third Monday in January
3. President’s Day Third Monday in February
4. Memorial Day Last Monday in May
5. Independence Day July 4
6. Labor Day First Monday in September
7. Columbus Day Second Monday in October
8. Veteran’s Day November 11
9. Thanksgiving Day Fourth Thursday in November
10. Day after Thanksgiving Fourth Friday in November
11. Christmas Eve December 24
12. Christmas Day December 25
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17.2 Holidays occurring on Saturday will be observed the preceding Friday and holidays
occurring on Sunday will be observed on the following Monday, Employees shall receive eight (8)
hours of pay at their regular hourly rate for all recognized holidays.
17.3 When business emergencies arise, Non-exempt hourly employees required to work on a
recognized holiday will be paid at one and one-half (1 ½) times their regular base rate of pay, in
addition to their regular holiday pay. Compensatory time-off may be taken in lieu of payment.
ARTICLE 18-HOURS OF WORK
18.1 The normal work week shall be forty (40) hours, Monday through Friday.
18.2 In the event that work is required because of unusual circumstances such as fire,
flood, snow, sleet, Sewer/water and street emergencies, the employer reserves the right
to adjust employee's work hours to best serve the public; no advance notice need be
given as required in 18.4.
18.3 Employees are entitled to two (2) paid fifteen-minute rest breaks and an unpaid thirty
(30) minute meal break for each normal work day.
18.4 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. Service to the
public requires the establishment of regular workweeks that schedule work on Saturdays
and/or Sundays. The Employer shall give seven (7) calendar days advance notice to the
Employees affected by the establishment of the work days different from the Employee’s
normal work day. The employer need not give seven (7) day notice for annual clean up days.
ARTICLE 19–OVERTIME PAY
19.1 Hours worked in excess of the normal work shift, shall be compensated for at one and
one-half (1-½) times the Employee’s regular base pay rate, or at discretion of employee,
compensatory time off at the rate of one and one -half (1-½) hours off for each hour of overtime
worked.
19.2 For the purpose of calculating overtime compensation, overtime hours worked shall not
be pyramided, compounded, or paid twice for the same hours worked.
19.3 Employees may earn compensatory time at the rate of one and one half (1 ½) times in
lieu of overtime pay, upon mutual agreement between the employee and the Employer, not to
exceed forty (40) hours with a maximum annual carry over of forty (40) hours. As of the last
pay period in November of each year, all accumulated compensatory time above the
maximum carry over amount of forty (40) hours shall be paid to the employee.
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19.4 For purposes of calculating overtime, hours worked shall be defined as those hours
actually worked or accounted for by holidays in one workweek. Workers Compensation will
not apply as hours worked for purposes of calculating overtime.
ARTICLE 20- ON CALL
a. Local 49 members scheduled to be on-call; on weekends shall be compensated four
(4) hours at one and a half (1 ½) times their regular rate for the period beginning the
end of the work day on Friday and ending the start of the work day on Monday.
b. Local 49 members scheduled to be on-call weekdays (Monday through Thursday)
shall be compensated one (1) hour for each work day served at one and one half (1
½) times the regular rate.
c. Local 49 members scheduled to be on-call during a holiday will receive two and one
half (2 ½ ) hours at one and a half (1 ½) time their regular pay.
d. The member scheduled for on call shall be provided with the dedicated on-call cell
phone. All on-call employees will be required to be work ready when on call, and
must be within close proximity to the City so that they can answer emergency calls.
e. Local 49 members shall have the right to switch on-call schedules with one another
provided they communicate said change with their immediate supervisor.
f. The Director of Public Works and the bargaining unit will make up the schedule to
be on-call on weekends, week days, and Holidays with the final approval by the
Director of Public Works. All employees are required to participate in the on -call
schedule once approved by the Director of Public Works.
g. Such on-call pay shall be in addition to other compensation which the Employee is
entitled to under this Agreement. Any time spent on-call will not count towards hours
worked for purposes of calculating overtime, unless such Employee was actually
called to answer and/or respond to a call.
ARTICLE 21-CALL BACK
Employees called to work at a time other than their normal scheduled shift, shall be paid a
minimum of two (2) hours at one and one-half (1 ½) times their regular rate of pay.
ARTICLE 22-RIGHT TO SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from
subcontracting work performed by employees covered by this AGREEMENT.
ARTICLE 23- UNIFORMS/BOOTS/SAFETY/CELL PHONE ALLOWANCE
23.1 The Employer will provide initial uniforms, winter clothing, rain gear and the necessary
safety equipment for full-time employees according to the reasonableness and necessity in
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the performance of their job. The Employer agrees to supply and maintain work uniforms for
bargaining unit members.
23.2 The Employer agrees to provide to all full time employees a city issued cell phone.
Employees shall take steps not to lose or damage the cell phone. The Employer will provide
an allowance in the amount of one hundred seventy five dollars ($175.00) per year towards
the purchase of safety boots.
ARTICLE 24- LAYOFF AND RECALL
24.1 In case of the need to eliminate positions, employees will be laid off based on inverse
seniority within their job classification when all job relevant qualification factors are equal.
Employees will be given a minimum of fourteen (14) days advance notice prior to layoff.
24.2 Employees will be recalled from layoff based on seniority within their job classification when
all job relevant qualification factors are equal. Notice of recall shall be sent to the laid off
employee's last known address by registered/certified mail. Employees will be given seven (7)
days after receipt of recall notice to inform the employer of their intent to return to work. Failure to
respond within the seven (7) day period will terminate recall rights.
ARTICLE 25 PROBATIONARY PERIOD
25.1 All newly hired or rehired employees will serve a six (6) month probationary period.
25.2 At any time during the probationary period a newly hired or rehired employee may be
terminated at the sole discretion of the Employer.
25.3 All employees will serve a six (6) month probationary period in any job classification in
which the employee has not served a probationary period.
25.4 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.
ARTICLE 26- JOB POSTING
26.1 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:
Have the necessary qualifications to meet the standards of the job vacancy; and
Have the ability to perform the duties and responsibilities of the job vacancy.
15
26.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be
subject to the conditions of ARTICLE 25 (PROBATIONARY PERIODS).
26.3 The EMPLOYER has the right of final decision in the selection of employees to fill
posted jobs based on qualifications, abilities and experience.
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 27- 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 28- SEVERANCE
28.1 Full-time employees will be paid severance pay as follows:
28.2 Employees who leave the employment of the City by Retirement, Death, Disability or
Resignation will receive pay for unused and or accrued PTO and any compensatory time
accumulated as provided by this agreement. Employees shall have the option of directing
those dollars into a 457 deferred compensation plan (subject to IRS regulations and
Minnesota law) or (MSRS resolution).
ARTICLE 29- WAGES
Employees will be evaluated by their supervisor annually consistent with the Public Works
Operator Level III-I or Lead Worker job description. A personal review of the evaluation will
be required between the employee and the employee’s supervisor. The employee will
complete a self-evaluation prior to the review with the supervisor. All employees will be
eligible for an increase noted below provided the employee meets the job performance
criteria as outlined in the job description and with a satisfactory performance evaluat ion. The
employer shall give the employees a one hundred and twenty (120) day notice of any
changes to the job requirements.
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ARTICLE 30 – RETIREMENT INSURANCE
Employees have the ability to participate in the Central Pension Fund.
(By MEMORANDUM OF UNDERSTANDING)
ARTICLE 31 - WAIVER
31.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with the provisions
of this AGREEMENT, are hereby superseded.
31.2 The parties mutually acknowledge that during the negotiations which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and proposals
with respect to any term or condition of employment not removed by law from bargaining. All
agreements and understandings arrived at by the parties are set forth in this AGREEMENT
for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each
voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all
terms and conditions of employment referred to or covered in this AGREEMENT or with
respect to any term or condition of employment not specifically referred to or covered by this
AGREEMENT, even though such terms or conditions may not have been within the
knowledge or contemplation of either or both parties at the time this contract was negotiated
or executed.
1/1/17 1/1/18 1/1/19
PW Operator III
(Probationary)
$22.70 $23.27 $23.97
PW Operator III (Full
Standing.)
$24.13 $24.73 $25.47
PW Operator II
$25.62 $26.26 $27.05
PW Operator I
$27.18 $27.86 $28.70
Lead Worker
(Probationary)
$29.64 $30.38 $31.29
Lead Worker (Full
Standing)
$30.54 $31.30 $32.24
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ARTICLE 32– DURATION
This AGREEMENT shall be effective as of January 1, 2017, and shall remain in full force and
effect until December 31, 2019.
FOR THE CITY OF LAKE ELMO: FOR I.U.O.E. LOCAL NO. 49:
____________________________ __________________________
Business Manager
____________________________ __________________________
Business Representative
__________________________
Steward
MEMORANDUM OF UNDERSTANDING
Licenses/Certificates
City of Lake Elmo
This Memorandum of Understanding is entered into between the two parties (City of Lake Elmo and
Local 49) in order to address the date when new job certifications/licenses will become effective, as they
pertain to progressing to higher classifications in the collective bargaining agreement.
The following Licenses/Certifications will remain in effect until 12.31.2018.:
PWIII: This position will require the acquisition and maintenance of the following additional
certificates/licenses within 2 years of appointment:
Class A Commercial Driver’s License with air brakes and tanker endorsement
Class D Water Operator License
Class D/SD Waster Water Operator License
Annual OSHA Training including relevant competent person certificate and HAZMAT
certifications
PWII: This position requires the following requires the following additional certificates/licenses:
Class C Water Operator License
NIMS 100 and 700
PWI: This position requires the following additional certificates/licenses:
Class S/SC Waste Water Operator License
Completion of 2 of the following 4 programs:
o Certified Playground Inspector Certificate
o Tree Inspector Certificate
o Management and Supervisory Leadership Training Program
o LTAP’s Road Scholar Program
_________________________________ _____________________________
Employer: Ron Boesel, Business Representative
_________________________________ _____________________________
Date: Date:
MEMORANDUM OF UNDERSTANDING
Central Pension Fund
City of Lake Elmo
The purpose of this Memorandum of Understanding is to assist both Labor and Management in
identifying and implementing the Central Pension Fund (CPF) contribution rate.
1) The CPF is a supplemental Pension Fund authorized by Minnesota Statutes,§356.24,
subdivision 1(10).
2) The parties agree that the agreed upon amount that would otherwise be paid in salary or
wages will be contributed instead to the CPF as pre-tax employer contributions.
Contributions from the City will not be funded from any source other than this wage
reduction.
3) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund at
4115 Chesapeake Street NW, Washington, D.C. 20016.
4) For purposes of determining future wage rates, the Employer shall first restore the amount
of the wage reduction, which is currently the CPF contribution rate of $______ per hour,
then apply the applicable wage multiplier, then reduce the revised wage by the CPF
contribution rate.
5) For purposes of calculating overtime compensation the Employer shall first restore the
amount of the wage reduction ($./hr.) then apply the applicable 1.5 wage multiplier
required under the Fair Labor Standards Act and the collective bargaining agreement,
then pay the resulting amount for overtime worked.
6) A contribution of $2.40 per straight time hour worked prevents annual CPF contributions
for individual employees from exceeding $5,000.00 in a year and therefore complies with
limitations set forth under Minnesota Statute § 356.24, subd. 1(10) as amended.
7) The parties agree that the Public Employees Retirement Association interprets employer
contributions to the CPF as being included in determining "salary" for the purposes of
the public pension.
8) The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve
as the governing documents.
9) Effective --17 the contribution rate equals $_____ for all hours worked.
10) Members, by majority vote, may change the contribution rate at any time during the life
of this agreement. The Union and the employer will work together to implement member
approved changes as soon as is practicable.
_________________________________ _____________________________
Employer: Ron Boesel, Business Representative
_________________________________ _____________________________
Date: Date:
MEMORANDUM OF UNDERSTANDING
Red Circling of Employees
City of Lake Elmo
This Memorandum of Understanding is entered into between the two parties (City of Lake Elmo
& Local 49) in order to address Red Circling of three employees. Red Circling is defined as to
mean immunity to requirements that other employees may need. The three employees shall not
be required to hold the certifications needed to progress through Public Works positions. The
three individuals are as follows:
1. Rick Gustafson (Public Works Operator 1)
2. Jamie Colemer (Lead Worker)
3. Jim Sachs (Public Works Operator 1)
Furthermore, this MOU shall survive in perpetuity until such time that either the employee
retires, quits, or is terminated for just cause.
_________________________________ _____________________________
Employer: Ron Boesel, Business Representative
_________________________________ _____________________________
Date: Date: