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HomeMy WebLinkAboutRES 81-012 RESOLUTION RATIFYING THE 1981-82 AGREEMENT BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320, REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102689 Box: 23 Folder: RES 1981 Document: RES 81-012 RESOLUTION RATIFYING THE 1981-82 AGREEMENT BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 3201p REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY -� RESOLUTION 81-012 A RESOLUTION RATIFYING THE 1981-82 AGREEMENT BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320 , REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY BE IT RESOLVED that the 1981-82 Agreement (attachment "A") between Teamster Local No. 320, representing the St. Anthony Fire Department and the City is hereby ratified and the Mayor and City Manager are authorized to execute the Agree- ment on behalf of the City. Adopted this a7 day of 1981. Mayor ATTEST: City Clerk Reviewed for administration: Cit Manager i • J„ - I Attachment ".A" • LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND MINNESOTA- TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION, LOCAL #320 ARTICLE I PURPOSE-.OF AGREEMENT This AGREEMENT is entered into as of January 1, 19811, between the City of St. Anthony, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public & Law Enforcement Employees Union, Local #320 , hereinafter called the UNION. It is the intent and purpose of this AGREEMENT. to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1. 3 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, shall continue their dedication to the highest quality service and protection to the residents of St. Anthony. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION --_ 2 .1 The EMPLOYER recognizes the UNION as the exclusive representative, • under Minnesota Statutes, Section 179 .71, Subdivision 3 , for all fire personnel in the following job classifications : -2- g Firefi hter Captain 2 .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 III DEFINITIONS 3.1. UNION: The Minnesota Teamsters Public & Law Enforcement Employee' s Union, Local #320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public & Law Enforcement Employee' s Union, Local #320. 3. 3 EMPLOYEE: A member of the exclusively recognized bargaining • unit.. 3. 4 DEPARTMENT: The St. Anthony Fire Department. 3.5 EMPLOYER: The City of St. Anthony. 3.6 CHIEF.: The. Chief of the St. Anthony Fire Department. 3.7 UNION OFFICER:. Officer elected or. appointed by the Minnesota Teamsters Public &- Law .Enforcement Employee ' s Union, Local #320 . ARTICLE IV EMPLOYER SECURITY The UNION agreed that during the- life of this AGREEMENT .it will not cause, encourage., participate in. or support any strike, slow-down, or other interruption of or- interference with, the normal functions of the EMPLOYER. ARTICLE .V. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the sole. right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. -3- 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, or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct. from .the wages of: .employees who authorize such. a. deduction, in writing, an. amount necessary to cover monthly UNION dues. Such monies shali, be remitted as directed. by the UNION. 6.2 The UNION may designate an- employee from the bargaining unit to act as. a Steward and an employee to act as-alternate and shall inform. the EMPLOYER, in writing-, of such choice and changes in the position of the. Steward and/or alternate. 6 . 3 The EMPLOYER shall make 'space available on: .the employee bulletin board for the posting of' UNION notice (s) and announcement (s) . 6A The . UNION agrees to indemnifyand 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 VII EMPLOYEE_ RIGHTS - ' GRIEVANCE PROCEDURE 7.1 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. • -4- 7.2 Union' Representatives :, The EMPLOYER -will recognize representa- tives, designated by the UNION., as. the. grievance representatives of thebargaining 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., as provided in 6 . 2 of this' AGREEMENT. 7 .3 Processing of a Grievance: It .is recognized. and. accepted by the UNION and the EMPLOYER; that. the processing of- grievances., as hereinaf.ter. 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 responsibilities. The aggrieved • employee and a 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 that the employee and .the UNION repre- sentative 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. 7.4 Procedure: Grievances, as defined by Section 7 .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, within twenty-one C21) calendar days after such alleged violation has occured, present such grievance to the Employee' s supervisor, -5- as designated. by the EMPLOYER. The .EMPLOYER-designated repre- sentative will discuss and give an answer to such Step 1 grievance within ten C10)-.calendar-days after receipt. A grievance not resolved• in Step 1 and appealed- to Step 2 shall be placed in writing, setting. for.th: the. nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, 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 C10) 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 .wr.iting 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 (:101 cal- endar 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) -6- calendar days following the EMPLOYER-desi nated 're resentative ' s final, answer in- Step 3. Any grievance not appealed in writing to Step 4 by the. UNION within ten (1-0). calendar days shall be considered waived. Step 4 . A grievance unresolved in Step. 3 and appealed to Step 4 by the UNION -shall be submitted to arbitration subject to the provisions .of .the Public. Employment Labor Relations Act of 19.71, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" , as established by the Public Employment Relations Board. 7.5 Arbitrators 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. 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 -7- • based solely on the Arbitrator's interpretation .or appli- cation 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. If either party desir.es *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 proceedingsthe cost shall be shared equally. . 7 .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 written .agreement of the EMPLOYER and the. UNION, in each step. This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of St..- Anthony Ordinances.. 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 -8- 'decree no appeal has been taken within the time provided, such pro- visions shall be voided. Ail -other provisions shall continue in full force and effect. The voided provision may .be re-negotiated at the written request of either party. All other provisions .of this AGREE- MENT shall continue in full force and effect. ARTICLE IX SENIORITY 9.1 Seniority shall be determined .by the employee' s length of con- tinuous employment with the. Fire Department'. and__posted in an appropriate location. Seniority rosters may be maintained by the Chief on the. basis 'of time in grade and time within specific classifications. New employees shall. be on a six month pro- bationary period. The employee shall. be certified after that time unless in- the opinion of the Fire Chief, additional train- ing is necessary before certification. Seniority shall be according to time and date of hire. In the case of two employees hired at the same time , one shall be senior in seniority. In case two or more were hired at the same time, seniority shall be determined by lottery (such as a flip of a coin or the drawing of a card) . A seniority .list shall be established for. all employees and a copy of that list forwarded to the UNION office. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion- of the EMPLOYER. During the probationary period• a .promoted .or re-assigned employee may be replaced in his/her previous position at the sole discretion • of the EMPLOYER. -9- 9.3 A reduction of. work force. will be accomplished on the basis of seniority. • Employees. shall be. recalled from_ layoff, on the basis of seniority. An employee on:. layoff shall. have an opportunity toreturn_ to work..within two .years' of the time of his/her layoff before. any new employee is hired. -9 .4 Vacation periods shall be selected on .the . basis . of seniority until March 15th of each calendar year. . ARTICLE X DISCIPLINE 10.1 The EMPLOYER. will disciplineemployees for- just cause only. Discipline will be in the form of: a. oral reprimand; b. written reprimand; , �rC. suspension; d. demotion; or e. discharge. 10.2 Suspensions , demotions and. .discharges will.. be In., written form. 10. 3 . Written reprimands, notices• of suspension. and notices of dis- charge, which are to become part of an employee' s personnel file., shall be read and acknowledged. by signature of the employee. Employees- and :the UNION will receive a. copy of such reprimands and/or notices. 10.4 Employees may examine their_ own individual personnel files at reasonable times. under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceeded by. a five (5) . day . suspension with- out pay. • -10 • 10. 6 - Employees will not, be questioned concerning- an investigation of disciplinary,. action _unless .the employee has been given an opportunity to have a. UNION; representative. present. at such questioning. 10..7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the Grievance Procedure,,� under Article VII. 10. 8 Choice of Remedy: -If, as a result of the written response in Step 3, 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 to Step .-4 or -Article VII or a. procedure such as Veterans Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article VII , the grievance is • not subject to the arbitration procedure as � p provided in Step 4 of Article .VII. The. aggrieved employee. shall. indicate, in writing, which procedure is' to be utilized,- Step 4 of Article VII or any other 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 4 of Article VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall.. have.. the rights granted to all ,citizens by the United States and Minnesota. State Constitutions . 12 .1 Employees will be compensated at one and one-half (1-1/2) times the employee' s regular base pay ' rate for hours worked in • excess of the employee' s regularly scheduled shift. Changes of shifts do not qualify an .employee for overtime under. this Article. -11- S12.2 Overtime will be distributed as equally as. practicable. 12.3 Overtime. refused by employees will, for record. purposes under Article 12 .2,. be considered as unpaid overtime worked. 12 . 4 For the purpose .of computing overtime compensation, overtime hours worked shall not be ..pyramided, compounded' or paid twice for the same hours worked:. 12 .5 Overtime will be calculated to nearest .fifteen (151 minutes. ARTICLE. XXIII SALARIES (MONTHLY) Firefighter 1981 1982 After three years ' $1,787 .00 J. 00oj_ _ $1-;943'.00 (100%) After two years 1,742 .00 (97,:5%) 1189-9..00 (97 .5%) After one year 1,698. 00 (95%)- _ 1,8.5`1.00 (95%) After six months 1,653 . 00` _(92,:5.0.)_ 1,80-2. 00 (92 .5%) Start 1,608 .00 (:90%) 1 ,753 .00 (90%) • Captain After one year $1,892 . 007=-(-100%) '. $2 ,062-.00 (100%) Start 1,845.00-:(_97 ;50)_ __2 ,01.0..'00 (97 .5%) ARTICLE XIV SCHOOLS AND TRAINING SESSIONS All employees shall be required to attend such schools or training sessions as may be. required by the City Manager. Attendance at sessions scheduled while Officers are off duty shall be voluntary for those Officers. Compensation for such attendance is considered included in the approved salary schedule unless the City Manager is reimbursed from an outside source. COLLEGE INCENTIVE PROGRAM There is hereby established a. College Incentive Program subject to the following restrictions: • -12- 14 .1 No employee hired after .January 1, 1978 shall be. eligible for the program. 14.2 Present participants in the Program shall have their benefits reduced by one-fifth (1/5)_ for each of .five consecutive years starting January 1, 1979: 14. 3 The EMPLOYER and UNION also. agree to maintain the highest possible. standards of. employee service through commitment to -;- employee training and development. The EMPLOYER agrees to commit supplemental funds for that purpose. 14. 4 Participation in the College .Incentive Program. is subject to the following regulations : 14. 5 In. order to qualify for the- program, earned college credits must be graded "C" or better or pass. on,.a pass/no pass and must be certified to and approved by the. City Manager . 14.6 The program shall be based- upon the quarter-credits system as practiced at the University of Minnesota. Courses based on any other. credit system shall- be converted to the quarter credit system by the City Manager. Courses that would be certified and accredited.-by the University of Minnesota shall be acceptable if approved by the City Manager . 14.7 The College .Incentive compensation, in addition. to' base salary, shall. be paid at the. rate of $.40 per approved quarter credit per month, up to a maximum of 135 quarter credits. A four year degree, consisting of 180 or more quarter credits shall be compensated, in addition to base salary., at the rate of $80 .00 • per month. -13- 14.8 Candidates for College Incentive compensation must have com- pleted12 months. consecutive service with the St. Anthony Fire Department. 14. 9 ' College Incentive compensation, for the first 135 quarter credits., shall be computed. January 15th and July 15th. 14 .10. College Incentive compensation shall be considered in com- puting pay rates for overtime. 14. 11. . The. operation of the College Incentive program and the creation of any- necessary regulations related thereto shall be administ- rated by the City Manager with the- approval of the City Council. 14.12 In order for an employee to continue to receive College Incentive compensation, six (6) credit hours of training out- side of normal departmental training must be acquired each two .(2) years. For- each two (2) year period that an employee doesn 't meet this requirement he shall have six credits dropped . from his approved schedule until such time as he completes the required work or all creditsare removed from his approved list. Individuals who achieve a degree in Law Enforcement . or a four year. degree will be exempt from the above. 14 .13 Credits on courses taken that .may not be accredited courses may beused if approved by -the City Manager for maintaining one:' s compensation level. ARTICLE XV SYSTEM OF PROMOTION • Promotion from -Firefighter to Captain and Captain to Assistant Chief and Chief to be made from within the Department, if enough years -14- experience and supervisory skill. is held by any present member of the Department to. qualify, . as determined by the EMPLOYER. In the event of job openings.,- the`. jbb shall be posted on the--station bulletin board for at least. ten (10):, days. In evaluating candidates forr job openings,- if all other factors. as .determined. .by examination, interview or review are equal,. the employee among those tested .with the greatest seniority will, be' selected to .fill the,-position., Other- wise, the person with the highest cumulative score shall fill the position. ARTICLE XVI CLOTHING ALLOWANCE All Fire Department employees shall be. allowed $230 .00 per year clothing allowance for 1980. -Also, .the City is -to furnish over and above the clothing allowance, all protective fire fighting clothing and gear, including badges, etc. ARTICLE XVII VACATION SCHEDULE The vacation schedule shall be as follows: 56 Hour- Average Duty Week Employees a. Those hired as full time after June .24 , 1980 : After six months of completed service -- 72 hours - After one year of completed service -- 144 hours After five 'years. of completed service. -- 192 hours After ten years of completed service -- 240 hours After: fifteen years of completed -service. -- 288 hours. A shift for 56 hour.-average duty week employees is 24 hours. i -15- • b. Those. hized as full time._before. June 24., '1980 shall receive 360 hours per .year vacation. 40 Hour Average Duty-,Week Employees' Those employees working 40 hour, average duty weeks shall receive the same vacation schedule as other 40 hour per week employees. One shift for 40 hour .per week employees is 8 hours. Employees over five (5): years. of tenure may accrue vacation leave to one and one-half times that allowed ..yearly and those with less than five years tenure shall be allowed to accumulate one times that allowed yearly.: Any. vacation accrued- in excess must. be. taken after thirty (30)_ days written notice. or will be forfeited, unless approval is given by the City Manager. No vacation leave shall be granted during the initial probationary • period. Vacation leave accrued during the initial probationary period will be granted. Vacation leave may be used as earned provided that. the Department Head has final approval of the time at which each employee may take his vacation, giving preference .to the senior employees ' requests. If the employee splits his vacation time, he shall be given preference on the basis of seniority -for only the first request of time. Accrued but unused vacation leave shall be paid to the employees upon termination of employment, providing. at least two weeks written notice is given. Employees taking vacation in the amounts of one week or more shall receive vacation pay in advance if a pay day falls during the vacation period. -16- • ARTICLE XVIII. SEVERANCE PAY Employees which are permanently^ laid, off, disabled or who retire with at least. ten (10) years of consecutive service as. a full time fire department employee shall receive severance pay on the following schedule: Sick-Leave Shifts Accrued No. Shifts of- Severance Pay 30 .- 49. "3 50 - 79' S 80- 99 7' 100 - 110 11` 111 - 120 X15 (_maximum) Such severance pay is .to be computed at straight time on the follow- ing basis: ANNUAL SALARY ,�sBase _ 122 Severance pay per shift ARTICLE XIX SICK LEAVE Sick leave. shall. be granted when-. necessary. for personal illness, - injury or legal quarantine. . ..The City_ Manager, at his discretion; may require a doctor' s certificate showing the nature and extent of any injury or illness . A permanent, .employee who meets-. the other require- ments. of this Article, who is receiving' Workers Compensation payments , may be granted sick leave pay for. the . amount of the. difference between Workers Compensation,-payments and his salary': Sick leave with pay shall be accrued by all permanent and- pr obationary employees at the rate of one (1) day for- each calendar month of . full time employ- ment or major fraction thereof. Sick leave may not be used during • the initial probationary periods. ' Sick leave shall be accumulated to a maximum of one hundred twenty (_120) days . -17- • ARTICLE XX SICK LEAVE BANK 20 .1 After any member of the department accrues sick leave to the maximum allowed, all sick leave over- the maximum will be tabuiated .and credited to a sick -leave bank list, which will be kept on file in the City offices . 20.2 A *committee, consisting of the City Manager and two members . of the Fire Department -shall be created and before any member of the Department can use any of the sick 'leave from the bank, he must have the approval- of the committee. Under no circum- stances. shall anyone be allowed use from .the bank until their accrued sick leave has been used. The committee shall have the authority to approve or deny use of the banked sick leave. • and to. specify how many days may be used by the requesting employee. 20. 3 Any one employee shall not be able to use over two-thirds of the balance of time in the bank during any one year. 20 . 4 The. City shall credit the bank each January lst,. when necessary, to keep the bank. balance at thirty days until such time as the employees have made, contributions. to the bank in excess of thirty days. 20. 5 Employees will not be allowed to• withdraw from the bank until their .six month probationary period has been -completed. The sick leave bank shall be discontinued if-the City institutes a long term disability program for the members of the Department. -18- All permanent and probationary employees shall observe the following • eleven (=11)- paid- holidays each year: New Years Day Good Friday Labor Day Memorial Day Thanksgiving Day Independence Day Friday following Thanksgiving Columbus Day Christmas Day Presidents Day Veterans Day These holidays may be .taken off or an extra day's pay, at straight time, at .the option of the employee unless the EMPLOYER cannot cover the shift without the. employee who- is requesting time off for the holiday. ARTICLE. XXII FUNERAL LEAVE In the event of death of an employee ' s spouse , children, the employee will be granted three (3) days funeral leave, with pay. In- the event of an employee ' s or his spouse 's. parents, grandparents, brothers , sisters, an employee will be granted one (1) day 's funeral leave, with-pay, to be taken as part of accrued sick leave. ARTICLE XXIII IN SERVICE TRAINING Training will be carried out whenever possible during the regular work day. If, in the opinion of the EMPLOYER it is necessary for the employee to return for a specialized training program that cannot be held -during the regular- work day, the employee shall be compensated at straight time. ARTICLE XXIV HOSPITAL AND GROUP INSURANCE The EMPLOYER will pay up to $105.00 in 1981 and $115.00 in 1982per employee per -month for employees group surgical/medical and $10,000 • life insurance policies and dependents surgical/medical group insurance policy. -19- ARTICLE XXV WORK WEEK • The sole authority in work schedules lies with the EMPLOYER. The normal work week shall be .fifty-six (_56)_ hours. ARTICLE XXVI RESIDENCE The employees coveredby this AGREEMENT shall, reside .within an area bounded on the north by the north. boundary lines of the Cities of Fridley, Spring Lake Park, Mounds View and Shoreview; on the east by Lexington Avenue; the south .-by. East. Hennepin Avenue. and Larpenteur and the west by the Mississippi River.. Employees not now living within the above described area will be allowed to remain outside the area unless they change residences. If the employee does change residences , he or she shall be required to move. within the above • described area. ARTICLE XXVII SHIFT EXCHANGE Employees may exchange duty shifts with another employee provided that such exchange does not subject the EMPLOYER to liability for additional overtime compensation by virtue of such trading of duty shifts. The employee desiring the exchange shall request and receive approval of the Chief. or Assistant Chief who must determine that the exchange will not be detrimental to the work, program of the EMPLOYER. Noti- fication and approval of the supervisor must be obtained not less than 48 hours prior to the scheduled duty shift to be exchanged. ARTICLE XXVIII NON-DISCRIMINATION CLAUSE The provisions of the AGREEMENT shall be applied equally and without • discrimination by the EMPLOYER and the UNION to all employees regard- r -20-- less of race, color, creed, religion, nationalorigin, sex, marital status, status with regard to public assistance, disability or age. ARTICLE XXIX DURATION This AGREEMENT shall be effective as of January. 1, 1981 and shall remain in full force and effect until December 31, 1982 . IN WITNESS WHEREOF, the parties hereto have executed .this AGREEMENT on this day of , 1981.. FOR THE CITY OF ST. ANTHONY FOR THE TE STERS LOCAL 0320