HomeMy WebLinkAboutRES 80-014 RESOLUTION RATIFYING THE MASTER AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, REPRESENTING THE ST. ANTHONY PUBLIC WORKS UNIT Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
iovss
Box: 23
Folder: RES 1980
Document: RES 80-014 RESOLUTION RATIFYING THE MASTER
AGREEMENT BETWEEN THE CIN OF ST. ANTHONY AND
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 491?
REPRESENTING THE ST. ANTHONY PUBLIC WORKS UNIT
r 1263
i
RESOLUTION 80-014
A RESOLUTION RATIFYING THE MASTER AGREEMENT
BETWEEN THE CITY OF ST.. -ANTHONY AND INTER-
NATIONAL UNION OF OPERATING ENGINEERS, LO-'
CAL NO. 49, REPRESENTING THE ST. ANTHONY
PUBLIC WORKS UNIT.
BE IT •HEREBY RESOLVED by the City Council of the City of St.
Anthony- that the Mayor and City Manager are. authorized to approve
the Master Agreement between the City of St. Anthony and Interna-
tional Union of Operating Engineers, Local No. 49 , on behalf of
the St. Anthony City Council.
BE IT FURTHER RESOLVED that the City Manager is authorized to
negotiate the "local issues" ,* subject to Council approval, in-
cluding Article XXII of the Master Agreement.
Adopted this r� -day of , 1980.
Mayor
y1�
ATTEST:
City Clerk
Reviewed for Administration:
City nager
MEMORANDUM OF UNDERSTANDING
BETWEEN
METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA)
REPRESENTING THE CITIES OF:
Blaine Eden Prairie New Hope
Brooklyn Center Edina Richfield
Brooklyn Park Fridley Robbinsdale
Burnsville Golden -Valley Roseville
Circle Pines Hopkins . St. Anthony
Columbia Heights Minnetonka St. Louis Park
Crystal Mounds View White Bear Lake
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 49,
AFL-CLO
FOR
CALENDAR 1980 and 1981
1. Any employee on lay off prior to January 1 , . 1980 shall not have
recall rights under ARTICLE XV - SENIORITY, of the 1980781 MASTER
LABOR AGREEMENT.
2. Any changes in payments to any employees which- may become due under
ARTICLE XXII OF THE 1980-81 MASTER LABOR AGREEMENT will begin with
the signing of the LOCAL ADDENDUM AGREEMENT between the _individual
CITY and the UNION.
FOR MAMA: FOR IUO LOCAL NO 4 . -
1-4e
f
Da ed this f Date this da of
day o Y
1980 . 1980.
i
MASTER LABOR AGREEMENT
BETWEEN
METROPOLITAN AREA MANAGEMENT ASSOCIATION (MA`dA)
REPRESENTING THE CITIES OF :
BLAINE EDEN PRAIRIE NEW HOPE '
BROOKLYN CENTER EDINA RICHFIELD
BROOKLYN PARK FRIDLEY ROBBINSDALE
BURNSVILLE GOLDEN VALLEY ROSEVILLE
CIRCLE PINES HOPKINS ST. ANTHONY
COLUMBIA HEIGHTS MINNETONKA ST. LOUIS PARK
CRYSTAL MOUNDS VIEW WHITE BEAR LAKE
• AND
INTERNATIONAL UNION OF OPERATING ENGINEERS ,
LOCAL NO. 49 ,
AFL—CIO
January 1 ,- 1980 = December 31, 1981
i
i
I{
ti
III
TABLE OF CONTENTS
9
ISI
ARTICLE PAGE
I PURPOSE OF AGREEMENT . . . . . . . . . . . 1
II RECOGNITION . . . . . . . . . . . . . . . . 2
III UNION SECURITY 2
IV EMPLOYER SECURITY . . . . . . . . 3
V EMPLOYER AUTHORITY . . . . . . . . . . . . 3
VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 3
VII DEFINITIONS 9
VIII SAVINGS CLAUSE . . . . . . . . . . . . . . 10
IX WORK SCHEDULES . . . . . . . . . . . . . 10
X OVERTIME PAY . . . . . . . . . . . . . . . 11
XI CALL BACK ' . 12 i
XII LEGAL DEFENSE . . . . . . . . . . . . . . 12
XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . 12
XIV DISCIPLINE . . . . . . . . . . . . . . . . 13 E
XV SENIORITY . . . . . . . . . . . . . . . . . 13
XVI PROBATIONARY PERIODS . . . . . . . . . . 13
XVII SAFETY 14
XVIII JOB POSTING . . . . . . . . . . . . . . 14
XIX INSURANCE . . . . . . . . . . . . . . . . . 14
XX HOLIDAYS . . . . . . . . . . . . . . . . . 15
'f
i
XXI SCOPE OF AGREEMENTS . . . . . . . . . . . . 15
XXII WORKING OUT OF CLASSIFICATION . . . . . 15
XXIII WAIVER . . . . . . . . . . . . . . . . . . . . 16
XXIV DURATION 17
APPENDIX A - WAGES . . . . . . . . . . . . 18
APPENDIX B - LOCAL ADDENDUM . . . . . . . . 19
-i-
I
t
LABOR AGREEMENT
BET.•+EEN
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS ,
LOCAL NO. 49 ,
AFL-CIO
ARTICLE I PURPOSE OF AGREEMENT
This agreement is entered into between the City of
hereinafter called the EMPLOYER, and Local No. 49 , International
Union of Operating Engineers , AFL-CIO, 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 disputes 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 this AGREEMENT .
The EMPLOYER and the UNION , through this AGREEMENT, continue
their dedication to the highest . quality of public service . Both
parties recognize this AGREE"_ENT as a pledge of this dedication.
i.
ARTICLE II RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive I
representative under Minnesota Statutes , Section 179. 71, Subd. 3
in an appropriate bargaining unit consisting of the following job
classifications :
1. Heavy Equipment Operator, including Mechanic
2 . Water and Sewer Maintenance Person
3 . Light -Equipment Operator, including Park
Maintenance Person
ARTICLE III UNION SECURITY
In recognition of the UNION as the exclusive representative,
the EMPLOYER shall: .
3. 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, and
3 . 2 Remit such deduction to the appropriate designated officer
of the UNION.
3. 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 .
3. 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 .
l
-2-
,I
4
ARTICLE IV EMPLOYER SECURITY
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.
ARTICLE V EMPLOYER AUTHORITY
5 . 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.
5 . 2 Any term and condition of employment not specifically
established or modified by this AGREEMENT shall remain solely
within the discretion of the EMPLOYER to modify , establish,
f
or eliminate.
I
ARTICLE VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE II
.I
. li
6 . 1 DEFINITION OF A GRIEVANCE
i
I
A grievance is defined as a dispute or disagreement as to the
.interpretation or application of the specific terms and
I
conditions- of this "AGREEMENT.
. 1
• -3-
I
I
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 EMPLOYE;
that the processing of grievances as hereinafter provided is
limited by the job duties and responsibilities .of the EMPLOYEES
and shall therefore be accomplished during normal working hours
only when consistent with such EMPLOYEE duties and I
responsibilities. The aggrieved EMPLOYEE and the UNION
REPRESENTATIVE shall be allowed 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
conformance with the following procedure :
Step 1 . An EMPLOYEE claiming a violation concerning the
interpretation or application of this AGREEMENT- shall ,
• -4- �• .
• I
I
. within twenty-one (21) calendar days after such
alleged violation has occurred, present such grievance
i
to the EMPLOYEE ' S supervisor. as designated by the
EMPLOYER. The EMPLOYER designated representative 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 setting forth the
nature of the grievance , the facts on which it is
based, the provision or provisions of the AGREEMENT
allegedly violated, and the remedy requested and
shall be appealed to Step 2 within ten (10) calendar
days after the EMPLOYER designated representative' s
• final answer in Step 1. Any grievance not appealed "
in writing to Step 2 by the UNION within 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 designated .
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.
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 the Minnesota Bureau of
Mediation Services. A grievance not resolved in Step 4
may be appealed to Step 5 within ten (10) calendar days
following the EMPLOYER' S final answer in Step 4 .
7
Any grievance not appealed in writing to Step 5 ' a
by the UNION within ten (10) calendar days shall
be considered waived.
Step 5. A grievance unresolved in Step 4 and- appealed in Step 5
shall he submitted to arbitration subject to the
provisions of the Public Employment Labor Relations
• Act' of 1971, as amended. The selection of an arbitrator
6_
i�
i,
I�
I
i
i
r
Shall be made in accordance with the "Rules
Governing the Arbitration of Grievances" as established f
i
i
by the Public Employment Relations Board..
6 . 5 ARBITRATOR' S AUTHORITY s
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 ll
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
proceedings. shall, be -borne equally :by the :EMPLOYER and
the' UNION provided that each party shall be responsible
for compensating its own representatives and witnesses.
-7-
I
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.
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
I
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.
6 . 7 CHOICE OF REMEDY
If, as a result of the EMPLOYER response in Step 4 ,
the grievance remains unresolved, and if the grievance involves
the suspension , demotion, or discharge of an employee who has
completed the required probationary period, . the grievance may
be appealed either to Step 5 of ARTICLE VI or a procedure such
as: Civil Service, Veteran' s Preference , or Fair Employment.
If -appealed to any procedure other than Step 5 of ARTICLE VI
the grievance is not subject to the arbitration procedure as
provided in Step 5 of ARTICLE VI . The aggrieved employee
-8-
shall indicate 'in writing which procedure is to be utilized--
Step 5 of ARTICLE VI or another appeal procedure--and shall
sign a statement to the effect that .the choice of any other
hearing precludes the aggrieved employee from making a
subsequent appeal through Step . 5 of ARTICLE VI .
ARTICLE VII DEFINITIONS
7. 1 UNION: The International Union of Operating Engineers ,
Local No. 49 , AFL-CIO.
7. 2 EMPLOYER: The individual municipality designated by this
AGREEMENT.
7. 3 UNION MEMBER: A member of the International Union of
Operating Engineers, Local No. 49 , AFL-CIO.-
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 in any of the job
classifications covered by ARTICLE II - RECOGNITION.
Employees who are promoted from a job classification covered
by this AGREEMENT and return to a job classification covered
by this AGREEMENT shall have their seniority calculated on
their length of service under this AGREEMENT for purposes of
promotion, transfer 'and lay off. and total length of service
with the EMPLOYER for other benefits under this AGREEMENT.
7. 7 COMPENSATORY TIME : Time off the employee ' s regularly scheduled
work schedule equal in time to overtime worked.
-9-
• - i
I
7. 8 SEVERANCE PAY: Payment made to an employee upon honorable
termination of employment.
.f
7. 9 OVERTIME : Work performed at the express authorization of
the EMPLOYER in excess of either eight (8) hours within a
twenty-four (24) hour Period (except for shift changes) or
more than forty (40) hours within a seven (7) day period.
7 . 10 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 an assigned shift. An
extension of or early report to an assigned shift is not a
call back.
ARTICLE VIII SAVINGS CLAUSE
• This AGREEMENT is subject to the laws of the United States ,
the State of Minnesota, .and the signed municipality. 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
j
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
4
be renegotiated at the request of either party.
.ARTICLE IX WORK -SCHEDULES i
9. 1 :The, sole authority in work schedules is the .EMPLOYER. The
normal work day -for an employee shall be eight (8) hours.
The normal work week shall be forty (40) hours Monday through
• - Friday .
-10-
I�
I!
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 8 :00-4 : 30
day. The EMPLOYER will give seventy-two (72) hours advance
notice to the employees affected by the establishment of work
days different from the employee ' s normal eight (8) hour
work day.
9. 3 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 requested
unless unusual circumstances prevent him from so working.
9. 4 Service to the public may require the establishment- of
regular work weeks that schedule work on Saturdays and/or
Sundays.
ARTICLE X OVERTIME PAY
10. 1 Hours worked in excess of eight (8) hours within a twenty-four
(24) hour period (except for shift changes) or more than forty
(40) hours within a seven (7) day period will be compensated
for at one and one-half (1-1/2) times the employee' s regular
base pay rate.
10. 2 Overtime will be distributed as equally as practicable .
-11-
10 . 3 Overtime refused by employees will for record purposes under
ARTICLE 10. 2 be considered as unpaid overtime worked.
10 . 4 For the purpose of computing overtime compensation, overtime
hours worked shall not be pyramided, compounded, or paid
twice for the same hours worked.
ARTICLE XI CALL BACK
An employee called in for work at a time other than his normal
scheduled shift will be compensated for a minimum of two (2) hours '
pay at one. and one-half (1-1/2) times the employee' s base pay rate.
ARTICLE XII LEGAL DEFENSE
12. 1 Employees involved in litigation because of negligence,
ignorance of laws, non-observance of laws , or as a result of
employee judgmental decision may not receive legal defense by
l
the municipality.
12 . 2 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
Nothing in this AGREEMENT shall prohibit or restrict the
right of the EtiIPLOYER from subcontracting work performed by employees
• covered by this AGREEMENT.
-12-
ARTICLE XIV DISCIPLINE
The_ EMPLOYER -will--discipline -employees _only._for_ just_ caus.e..
ARTICLE XV SENIORITY
15. 1 Seniority will be the determining criterion for transfers,
promotions and lay offs only when all job-relevant
qualification factors are equal.
15 . 2 Seniority will be the determining criterion for recall when
the job-relevant qualification factors are equal.
Recall rights under this provision will continue for twenty-four
(24) months after lay off . Recalled employees shall have ten
(10) working days after notification of recall by registered -
mail at the employee ' s last known address to report to work or
forfeit all recall rights.
• ARTICLE XVI PROBATIONARY PERIODS
16 . 1 All newly hired or rehired employees will serve a six (6)
months ' probationary period.
16 . 2 All employees will serve a six (6) months' probationary
period in any job classification in which the employee has
not served a ,probationary period.
16. 3 At any time during the probationary period a newly hired or
rehired employee may be .terminated at ,-the sole .dis'creti.on 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.
-13-
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
l
this ARTICLE shall be subject to the conditions of ARTICLE XVI ' '
(PROBATIONARY PERIOD) .
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 INSURANCE
The EMPLOYER will contribute up to a maximum of eighty-five
dollars ($85. 00) per month per employee for calendar year 1980 for
group health and life insurance including dependent coverage.
-14
Employees not choosing dependent coverage cannot be covered
at EMPLOYER expense for any additional insurance than the -
individual group health and group life insurance. - Additional
life insurance can be purchased by employees at the employee ' s
expense to the extent allowed under the EMPLOYER' S group policy.
This Article shall be open for negotiation for calendar year 1981.
ARTICLE XX HOLIDAYS
The EMPLOYER will provide eleven (11) paid holidays.
ARTICLE XXI SCOPE OF AGREEMENTS
No addendum to this MASTER AGREEMENT can be in conflict
with this MASTER AGREEMENT.
ARTICLE XXII WORKING OUT OF CLASSIFICATION
• Employees required by the EMPLOYER and who are adjudged
by the EMPLOYER to be qualified to operate the following items
of equipment will be paid the Heavy Equipment Operator rate of
pay for those hours assigned to the unit:
1. Motor Patrol
2 . Front-end Loader (Michigan 45B) over 1.5 cu. yards
3. Street Sweeper (Elgin Pelican Americana)
4. Steel Rollers or Rubber Tired Packer (Manufacturer' s
rating of 8-10 tons or more) .
5. Belt Loader
See Appendix B .for a determination as to how'. the "hours -assigned"
to the unit" is determined.
-1-5-
ARTICLE XXIII WAIVER
23 . 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.
23. 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 writing in this
AGREEMENT for the stipulated duration of this AGREEMENT. {
The EMPLOYER and the_ UNION each voluntarily and unqualifiedly I
• 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.
-16-
ARTICLE XXIV DURATION
;• This AGREEMENT shall be effective as of January 'l, 1980 and
shall remain in full force .and effect until the 31st day of
December, 1981.
I.N WITNESS WHEREOF, the parties hereto have executed this AGREEMENT '
on this day of 1980:
FOR THE 14ETROPOLITAN AREA
AG NT ASSOCIATION
• ov
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LO NO. 49,
AFL-CIO:
FOR THE CITY OF -�.
• -17-
" - - - - - - APPENDIX -A-
WAGES
A-WAGES
The following wage schedule will be in effect from the first payroll
period in 1980 through the last payroll period in 1980 :
Heavy Equipment Operator . $ 8. 57 per hour
Light Equipment Operator . $ 8. 12 per hour
Water & Sewer Maintenance Person $ 8 . 34 per hour
New employees will start at a wage rate equal to ninety (90) - percent
of the contract rate for the job classification into which the employee
is hired for the employee ' s first year. This rate will increase to
ninety-five (95) percent of the contract rate for the employee' s second
year, and move to the contract rate for the employee' s third year of
employment..
Appendix A shall be open -for negotiation for calendar year 1981.
_ • _ .. _ _ _. _ _ _ _ _ APPENDIX _B
LOCAL ADDENDUM
This supplementary agreement is' entered into between the City of
St. Anthony and the International Union of Operating Engineers,
Local No. 49 , AFL-CIO, for the period beginning January 1, 1980 and
ending December 31, 1981.
Nothing in this supplementary agreement may be in conflict with any
provision of the MASTER AGREEMENT between MAMA, the City of
St. Anthony, and I .U.O.E. , Local No. 49 , AFL-CIO. In the event of
conflict, the MASTER AGREEMENT will prevail.
B-1 SENIORITY
• No permanent employee shall be laid off while any temporary
employee (defined as an employee with less than 6 months consecutive
service) is on the payroll.
B-2 VACATION
Each permanent or probationary full-time employee shall accrue
paid vacation leave at the rate of five-sixths (5/6 's) day for each
month of service during the first five (5) years of employment.
During the sixth (6) through the fifteenth (15) year, a total of
fifteen (15) days vacation leave shall be granted; during the sixteenth
(16) year and thereafter, a total of twenty (20) days vacation leave
shall be granted. Total accrual shall be limited to thirty (30)
days, unless further accrual is approved by the EMPLOYER. No vacation
leave shall be granted during the initial probationary period, but
if an employee satisfactorily completes -the probationary period-,- - .--
vacation
eriod-,- -vacation leave accrued during the initial probationary period will
be granted.
Vacation leave- may be used as earned provided that the EMPLOYER
has final approval of the time at which each employee may take his
vacation, giving preference to the senior employee ' s requests .
B-3 SICK LEAVE
Sick .leave with pay shall be accrued by all permanent and
probationary employees at the rate of one (1) day for each calendar
month of full-time employment or major fraction thereof . Sick leave
may not be used during the initial probationary period. Sick leave
shall be accumulative to a maximum of one hundred twenty (120) days.
The EMPLOYER may, at his discretion, require a doctor' s certifi-
cate showing the nature and extent of any injury or illness .
A permanent employee who meets the other requirements of this
section, who is receiving Workman' s Compensation payments, may be
granted sick leave pay for the amount of difference between the
Workman' s Compensation payments and his salary to the extent that he
has accrued sick leave.
Sick leave shall be granted when necessary for personal illness,
injury or .l-egal quarantine.
B-4 FUNERAL LEAVE
In the event of the death -of an employee's spouse or children,
the employee will be granted three (3) days funeral leave with pay.
In the event of the death of an employee ' s or his spouses ' parents,
grandparents, brothers and sisters, an employee will be granted one
(1) day' s funeral leave with pay.,
B-5 HOLIDAYS
All permanent and probationary employees shall observe the
following eleven (_ll) paid holidays each year:
New Year' s Day Good Friday
Thanksgiving Day Memorial Day
Labor Day Independence Day
Friday following Thanksgiving. Day Veterans ' Day
Christmas Columbus Day
President' s Day
New Year ' s Day, Memorial Day, Indpependence Day and Christmas
Day will be considered "Major" holidays . When any such "major"
holiday falls on a Sunday, the following Monday shall be considered
the holiday for all employees. When a "major" holiday falls on a
Saturday, the preceding Friday will be considered a holiday for all
employees. All other holidays are allowed only if they fall on a
regular work day.
B-6 RELIEF PERIODS
All employees will be allowed two (2) work relief periods a day
not to exceed fifteen (:15) minutes in the forenoon and fifteen (15)
minutes in the afternoon.
B-7 LEAVE OF ABSENCE
Employees subpoenaed as witnesses, or called and selected. for
jury duty shall receive their regular compensation less jury pay.
Mileage allowance not to be considered as jury pay. Employees
i
i
• must -report back to work - if their jury- duty or witness obligations
I
allow them to do so within the scope of the regular- work day hours.
i
B-8 WAGES
The Assistant Mechanic shall be paid 10� per hour for all hours
worked, provided the employee so designated base wage rate is less
than Heavy Equipment Operator.
Qualified employees will be paid the H.E.O. rate in whole
hour increments for._time worked on designated Heavy Equipment.
However, employees must work at least 31 minutes in each and every
given hour on said designated Heavy Equipment in order to be credited
with a whole hour increment and thus the pay differential.
The backhoe operator' s pay differential is to be eliminated
r• effective January 1, 1981, and the union and City agree to a
resolution of the classification of the backhoe in the 1981 contract.
Pay days for employees will be bi-weekly, with no more than
three (3) days holdback including pay day.
B-9 STANDBY DUTY
Employees who are required to be on stand-by duty on Saturdays,
Sundays or holidays shall be compensated for such stand-by assignment
at the rate of three (3) hours overtime pay for each day. Stand-by
duty shall include a routine check of pumps and .other city facilities
such as lift station, filter plant and -booster station. Any addi-
, tional work required of the employee other than the routine pump
check and check of other city facilities, shall be compensated in
the amount specified under the overtime clause.
- • - - _ B-10 INJURY ON DUTY
1. Definition: An injury, illness or other disabling condition
which prevents the employee from performing regularly
assigned jub duties and which was suffered or directly
caused as a result of or in the course of , regular, assigned,
job duties. The determination of whether the injury,
illness or other disabling condition prevents the employee
from performing regularly assigned job duties shall be
made by licensed physician (s) .
2 . There shall be a ten day waiting period before the I.O.D.
benefit commences during which the employee can use sick
leave.
• 3. Starting the 11th through the 40th work day, the City will
pay I.O.D. pay equal to regular salary (base salary) .
4 . All Workman' s Compensation benefits must be paid to the
City as a "buy back" of used sick leave or to reimburse
the City for the I.O.D. benefits.
B-11 NON-DISCRIMINATION CLAUSE
The provisions of the AGREEMENT shall be applied equally and
without discrimination by the EMPLOYER and the UNION to all employees
regardless of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, disability
or age.
B-12 LONGEVITY
The EMPLOYER will pay, in addition to regular wages, an
additional payment of $15. 00 per man per month for employees with at
r
least five (5) years of service and $30.00 per man per month for
employees with at least ten (.10), years of• service with the depart-
ment.. Such payments. are to be made starting the month after an
employee becomes a five (5) or- ten (.10) year employee.
The longevity benefit will not be granted to any employee
hired after March 1, 1978.
Agreed to this. oZ3 day of . -, , 1980 --by
For Operating Engineers Local 49 :
LL
�•
For City of St. Anthony: