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HomeMy WebLinkAboutRES 81-025 RESOLTUION RATIFYING THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE BREWERY, LIQUOR, SOFT DRINK, CARBONATED AND SPRING DRIVERS, HELPERS AND INSIDE EMPLOYEES UNION LOCAL NO. 792 AND THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND HOTEL, Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102676 BOX: 23 Folder: RES 1981 Document: RES 81-025 RESOLTUION RATIFYING THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE BREWERY, LIQUOR, SOFT DRINK, CARBONATED AND SPRING DRIVERS, HELPERS AND INSIDE EMPLOYEES UNION LOCAL N0. 792 AND THE AGREEMENT BETWEEN THE CIN OF ST. ANTHONY AND HOTEL, -3,L i r RESOLUTION 81-025 A RESOLUTION RATIFYING THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE BREWERY, LIQUOR, SOFT DRINK, CARBONATED AND SPRING WATER DRIVERS , HELPERS AND INSIDE EMPLOYEES UNION LOCAL NO. 792 AND THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND HOTEL, MOTEL, RESTAURANT, BAR AND CLUB EMPLOYEES UNION LOCAL NO. 17 AND SETTING WAGE INCREASES FOR THE WAITRESSES WHICH ARE NOT IN A BARGAINING UNIT BE IT RESOLVED, -that the Mayor and City Manager are authorized to execute the Agreements with Local 792 and Local . 17 representing City liquor clerks and. bartenders on behalf of the City. BE IT FURTHER RESOLVED, that the wage rates for waitresses shall be as . follows retroactive to January 1, 1981. Start 6 Months 1 Year 1981 $3. 05 $3.15 $3 .30 1982 $3. 35 $3 . 45 $3 .60 Adopted this /�� day of Air i 1981. • Mayor ATTEST: (?. City Clerk Reviewed for administration: Ci anager �1 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE BREWERY, LIQUOR, SOFT DRINK,,' CARBONATED AND SPRING WATER DRIVERS, HELPERS AND INSIDE • EMPLOYEES UNION LOCAL NO. 792, REPRESENTING ST. ANTHONY MUNICIPAL OFF-SALE LIQUOR STORE EMPLOYEES FOR 198i-' AND 1982. This AGREEMENT is hereby made and entered into between the Brewery , Liquor, Soft Drink, Carbonated and Spring Water Drivers, Helpers, and Inside Employees Union, Local No. 792 , hereinafter referred to as the UNION, and the City of St. Anthony, a municipal corporation, hereinafter referred to as the EMPLOYER. The intent and purpose of this AGREEMENT is to: 1 . Establish certain hours, wages, and other conditions of employment; 2 . Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 3. Specify -the full and complete understanding of the parties; and 4 . Place in written form the parties ' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative in matters involving conditions of employment of the employees of the City of St. Anthony who are employed in the Municipal Off-Sale Liquor Stores; and as such the UNIO14 is authorized to enter into this AGREE- MENT for and on behalf .of the employees it so represents . UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 1. Deduct the first payday of each month an amount sufficient to provide the ,payment of such dues established by the UNION to be due and payable; and 2 . Remit such deduction to the UNION at the earliest practicable date after collection. k 3.- The UNION may designate certain employees from the bargaining unit to act as stewards and shall :• inform ..th e EMPLOYER in writing of such choice. a SENIORITY A policy of seniority shall be formulated that will give permanent clerks with longer periods of service an opportunity for promotion, and also give all clerks a feeling of security. There shall be one master seniority list established based on the clerks ' original date of hire. In the event of lay-off due to lack of- work, permanent clerks with the least seniority shall be the first to be laid off; and in the event of rehire, the last clerk laid off shall be the first to be rehired. No permanent clerk shall be laid off while -any temporary clerk is on the payroll. VACATION Each permanent or probationary full-time employee shall accrue paid vacation leave at the rate of five-sixths (5/6) 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 fifteen (15) days and any vacation accrued in excess of fifteen (15) days must be taken immediately 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 per- iod 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 hisvacation, giving preference to the senior employee's request. 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 ninety (90) days. Sick leave shall be granted when necessary for .personal illness, .injury, or legal quarantine. The department head may, at his discretion, require a doctor's certi- ficate showing the nature and extent of any injury or illness. A permanent employee who meets the other requirements of this article, who is receiving Workman' s Compensation payments, may be granted sick leave pay for -the amount of the difference between the Workman's Compensation payments and his salary to the extent that he' has accrued sick leave. . -3- FUNERAL LEAVE In the event of the death of an employee's spouse, children or parents , the employee will be granted three (3), days funeral leave with pay. In .the event of the death of an employee 's or his spouse's grandparents , brothers and sisters or his spouse ' s parents , an employee could be -granted one (1) day funeral leave with pay. HOLIDAYS All permanent and probationary employees shall observe the following eleven (11) paid holidays each year: New Year' s Day Labor Day Good Friday Veterans ' Day l_r_ Memorial Day_ Thanksgiving Day Independence Day Christmas Day Three (3) Optional Holidays r. 7 Election day shall be considered a paid holiday if it is required that the employee shall lose a .day ' s pay as a result of .the closing of the store due to the holding of an ,election. If election day falls on the employee ' s normal day off, the employee shall receive an additional holiday. • New Year's- Day, Memorial Day, Independence 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 if they fall on a regular work day. Employees shall be granted one (1) day leave in lieu of any holiday that the EMPLOYER opens for business to meet competition. HOURS OF WORK The regular work day for clerks shall be eight (8) hours. The regular work week for clerks shall be forty (40) hours. The average work month for clerks for the purpose of- computing vaca- tions, sick leave and fractions of a month' s work shall be one hundred seventy-three (173) hours. All employees shall be allowed two (2) work relief periods a day not to exceed ten (10) minutes in the forenoon and ten (10) minutes in the afternoon. • -4- OVERTIME • Overtime is defined as all hours worked in excess of forty (40) hours .per week, and for all hours worked on Sunday and legal holi- days or days observed as legal holidays. Overtime . for all clerks shall be paid as it is .earned at the rate of time and .one-half Overtime shall be divided as equally as possible among all non-supervisory employees on the seniority list. Employees subpoenaed as witnesses or called and selected for jury duty 'shall. receive their regular compensation less jury pay. Whenever any employee -is delegated to attend conventions or labor which. requires his or her absence from work, the EMPLOYER agrees that such -.absence shall be allowed, provided there is no substan- tial work interference and the EMPLOYER is able to make satisfac- tory arrangements. WAGES Position 1/1 - 12/31, 1981 1/1 - 12/31, 1982 Full-Time'-Clerks (full scale)_ $5. 84 $6 . 32 Part-Time Clerks (per hour) Start . 6 Months 1 Year 1981 $3 .70 $3 .85 $4 .00 1982 $4 .00 $4 .15 $4 .30 Employees with five (5) years of employment shall receive one (1) percent of base pay as .longevity pay, and those employees with ten (_10) years of employment shall receive two (2) percent of base pay as longevity pay. . Pay days for - employees shall be bi-weekly with. no more than three (3) days holdback, including pay day. All increases are to be across the board and retroactive to January. 1, 1981. WAGE/STEP SYSTEM New employees shall follow the following wage step system, unless the EMPLOYER chooses to place the employee at a higher step based upon experience, attitude and ability: Start Start + 6 mo., Start + 12 .mo. Start + 18 mo. 15% under .scale loo under scale . 5% under scale Full scale • -5- ' HEALTH AND WELFARE The EMPLOYER will contribute up to the following sums per month towards the employee ' s life and health insurance and dependent health insurance, if elected: 1981- 1982 $85. 00 $95':00 SEVERANCE Severance payments are to be made only to' full-time employees with at least seven (7) years of service who are permanently disabled, die, retire (i.e.. , who are eligible for, and apply for, a pension) , or are permanently laid off. The employee must be in good standing. The severance payment shall be equal to the following number of days ' pay , calculated on a "straight" time basis, based upon the number of days .of sick leave accrued through the end of the last month of service : No. of Days of Sick No. of 8-Hour Days Leave Accrued of' Severance Pay 19 or less 0 2� 3 30 6- 40 9 50 12 60 15 70 18 80 21 90 25 To be pro-rated between steps above thirty (30) days ' sick leave accrual . The payment for severance pay shall be made within sixty (60) days after resignation. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE This grievance procedure is established for the purpose of -resolving disputes involving the interpretation or application of this AGREE- MENT. -6- The EMPLOYER will recognize stewards selected by the UNION as the grievance representatives of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the stewards and of their successors when so named. A grievance is defined as a dispute over the interpretation or application of this AGREEMENT. Employees presenting grievances may choose to be represented the UNION. All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee (s) The time limits established in this Article may be extended by mutual consent of the EMPLOYER and the UNION and shall be in writing.: . Grievances shall be resolved in the following manner: Step 1 . An. employee claiming a violation concerning the interpre- tation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation,' present .such grievance to the employee ' s immediate supervisor designated by the EMPLOYER. • The EMPLOYER-designated representative will give a final answer to such Step 1 grievance within ten (10) days and said answer shall be in writing. If unresolved, the grievance shall be referred to Step 2 within ten (10Y calendar days after the EMPLOYER-designated representative ' s final answer in Step 1. Any grievance not re- ferred to -Step 2 in- writing within ten (10) calendar days by the employee shall be considered waived. Step 2 . The written grievance shall be presented to the employee ' s department head or other EMPLOYER-designated representative. The EMPLOYER'S Step 2 answer shall be made and placed in writing within ten (10) calendar days after receipt of such Step 2 grievance. If a grievance is not resolved in Step 2, such grievance shall- be re- ferred to Step 3 within ten (10) calendar days after receipt of such Step 2 answer. Any grievance not referred in writing by the employee within ten (10) calendar days shall be considered waived. Step .3. The written grievance shall be presented to the EMPLOYER- designated representative.ntative. The EMPLOYER-designated re resentative shall give the EMPLOYER'S answer within ten (10) calendar days after receipt of .such Step 3 grievance.. If a grievance isnot resolved in Step 3, such grievance shall be referred to Step 4 within ten (10) calendar days following the EMPLOYER-designated representa- tive' s final Step 3 answer. Any grievance not referred in writing by the employee within ten (10) calendar days shall be considered waived. -7- Choice of Remedy. If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who had completed the required probationary period, the grievance may . be appealed either to Step 4 , ora procedure such as Veteran 's Preference. or Fair Employment, etc. If appealed to any procedure other than Step 4 , the grievance is not subject to the arbitration procedure as provided in Step 4. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step - 4,- or another 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 . Step 4 . Unresolved grievances are subject to the arbitration provisions of Minnesota Statutes Section 179 . 70 . The arbitra�or shall not have the right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. He shall consider and decide only the specific issue submitted to him in writing by the EMPLOYER and the UNION, and shall have no authority to make a- decision on any other issue not so submitted to him. The arbitrator shall be without poower to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules or regulations having the force and effect of law. The arbitrator shall submit his decision in writing within - thirty (30) days following close of the hearing or the submission of .briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be • based solely upon the arbitrator's interpretation or application of the express terms of this AGREEMENT and on the facts of the grievance presented. UNION VISITATION AND NOTICES A duly authorized representative of: the UNION will be permitted to visit the premises 'of 'the EMPLOYER at reasonable times for the purpose of transacting legitimate -business of the UNION, provided there will be no undue and unreasonable interference with the operation of the business. The -UNION shall be allowed to post reasonable and appropriate UNION notices for employees at a con- venient place designated by the EMPLOYER. INDEMNIFICATION The EMPLOYER will provide insurance to cover loss to employees in the event of a holdup to a maximum of $100 . EMPLOYER AUTHORITY The UNION recognizes the prerogative, of the EMPLOYER to operate and • manage its affairs in all respects in accordance with existing and future laws .and .regulations of appropriate authorities including municipality personnel policies and work rules . The nrP.r���.}fives ate.. __ -8- and authority which t''ie EMPLOYER. has not officially abridged, delegated, or modified by this. AGREEMENT, that are retained by the EMPLOYER are as follows, but not limited to : 1. Direct employees . 2 . . Hire, promote, transfer, assign, retain employees in positions and suspend, demote, discharge or take disciplinary action against employees. 3. Relieve employees from duties because of lack of work or other legitimate reasons. 4 . Maintain the efficiency of the government operations. 5 . Determine the methods, means, job classifications and personnel by which such operations are to be conducted. 6. Take whatever actions may be necessary to carry out the mission of the agency in situations of emergency. 7. Determine reasonable schedules o work and establish the methods and processes by which such work is per- formed. WORK HOURS PROTECTION . No full-time employee will have his or her hours reduced below forty (40) hours per week to accomodate a part-time employee . 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 provi- sion of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal -has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. The voided provision may be negotiated at the request of either party. NON-DISCRIMINATION CLAUSE The provisions of this AGREEMENT shall be applied equally and without discrimination by the EMPLOYER and the UNION to all employees regard- less of race, color, creed; religion, national origin, sex, marital status-, status with regard to public assistance, disability or age. -9- DURATION This AGREEMENT shall be effective as of January 1, 1981_ , and shall remain in full force and effect until the thirty first day of December 19 82 In witness whereof, theartie hereto have executed this AGREEMENT on this day of PC 19 . FOR THE CITY OF -ST. ANTHONY FOR THE BREWERY, LIQUOR, SOFT DRINK, CARBONATED AND SPRING WATER DRIVERS , HELPERS. AND INSIDE EMPLOYEES UNION, • LOCAL 792 G w �.n AGREEMENT BETWEEN THE CITY .OF ST. ANTHONY AND HOTEL, MOTEL, RESTAURANT, BAR AND- CLUB EMPLOYEES UNION ' LOCAL NO. 17 OF ST. PAUL, MINNEAPOLIS AND VICINITY, AFL-CIO, REPRESENTING CITY OF ST. ANTHONY MUNICIPAL ON-SALE • LIQUOR EMPLOYEES FOR 1981, AND 1982_ i ' I This AGREEMENT is hereby made and entered -into between the Hotel, Motel , Restaurant, Bar and Club Employees Union Local No. 17 of St. Paul, Minneapolis and Vicinity, AFL-CIO, .hereinafter referred to as the UNION, and the City of St. Anthony, a municipal corpora- tion, hereinafter referred to as the EMPLOYER. The intent and pur- pose of this AGREEMENT is to: -- i 1 . Establish certain hours , wages and other conditions of employment; 2 . Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 3. Specify the full and complete understanding of the parties; and 4 . . Place in written form the parties ' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION,. -through this AGREEMENT, continue their dedication to the highest quality of public service. • RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative in matters involving conditions of employment of the employees of the City of St. Anthony who are employed in the Municipal On-Sale Liquor Stores; and as such the UNION is authorized to enter into this AGREEMENT for and on behalf of the employees it so represents . UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall : 1. Deduct the first payday of each month an amount .sufficient to provide the payment of such dues established by the UNION to be due and payable, and '2 . Remit such deduction to the UNION at the earliest practicable date after collection. 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. -2- • SENIORITY A policy of seniority shall be formulated that will give permanent emloyees with longer periods of service an opportunity for promotion, and also give all employees a feeling of security. New employees shall be on a 90-day probationary period. j There shall be one master seniority list established based on the employees ' original date of. hire. In the event of lay-off due to the lack of work, permanent employees with the least seniority shall be the first to be laid off, and in the event of rehire, the last employee laid off shall be the first to be rehired. No permanent employee shall be laid off while any temporary employee is on the payroll. Each permanent- or probationary full-time employee shall accrue paid vacation leave. at the rate of five-sixths (5/6) 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 fifteen (15) days and any vacation accrued in excess of fifteen (15) days must be taken immediately 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 . 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 j accumulative .to a maximum of ninety (90) days . I Sick leave shall be granted when necessary for personal illness , injury or .legal quarantine. The department head may, at his discretion, require a .doctor's certificate showing the nature and extent of any injury or illness. A permanent, employee who meets the other requirements of this Article, who is receiving Workman' s Compensation payments, can draw his salary to the extent that he has accrued sick leave, less any payment re- ceived for Workman' s Compensation. -3- FUNERAL 3-FUNERAL LEAVE • In the event of the death. of an employee's spouse, children or. parents , the employee will be granted three (3) days funeral leave with pay. In the event of the death ofan employee ' s or his spouse ' s grandparents , brothers and sisters, or his spouse ' s parents, an employee could be granted one (1) day funeral leave with pay. HOLIDAYS .All permanent and probationary employees shall observe the following eleven (11) paid holidays each year: New Year' s- Day Good Friday Labor Day, Memorial Day Thanksgiving Day Independence Day Christmas Day Three (3) optional holidays Veteran' s Day 'Election day shall be considered a paid holiday if it is required that the employee shall lose a day' s pay as a result of the closing of the store due to the holding of an election. Employees shall be granted one (1) day leave in lieu of any holiday • that the EMPLOYER opens for business to meet competition. New Year' s Day, Memorial Day, . Independence Day and Christmas Day will be, considered major holidays . When any such major holiday falls on a Sunday, the following Monday will be considered the holiday for all employees . When a major holiday falls on a Saturday, the pre- ceding Friday will be considered a holiday for all employees . All other holidays are allowed if they fall on a regular work day. Employees shall 'give. at least one -week 's notice of intent to exercise use of 'an optional holiday.. Employees are to be '-paid for such holidays in accordance with the above. HOURS OF WORK The regular work week for employees shall be forty (40) hours. The average work month for employees for the purose of computing vacations , sick leave and fractions of a month ' s work shall be one hundred seventy three (173) hours. All employees shall be allowed two (2) work relief periods a day not to exceed ten (10) minutes in the first one-half (1/2) of the shift, and ten (10) minutes .in the last one-half (1/2) of the shift. -4- Position 1/1 - 12/31 , 1981 1/1 - 12/31, 1982 Full time bartenders (-full scaleZ $6 . 81 $7 .32 Part-Time bartenders (per hour) Start 6 Months 1 Year 1981 $4 .70 $5.00 $5.25 1982 $5 .10 $5 .40 $5.65 Employees with five (5) years of employment shall receive one (1) percent of base pay as longevity pay, and those employees with ten (10) years of. employment shall receive two (:2) percent of base pay as longevity pay. Pay days for employees shall be bi-weekly with no more than three days holdback including payday. , No full time employee shall. have his or her hours reduced -below forty (40) hours per week to accommodate .a- part-time employee. All increases are to be across the board and retroactive to January 1 , 1981. WAGE STEP SYSTEM New employees shall -follow the following wage step system., unless the EMPLOYER chooses. to _place the employee at a higher step based upon experience, attitude and ability. 0-6 Months. 6-12 Months 12-18 Months 18 Months/Over 15% under scale loo under scale 5% under scale Full scale HEALTH AND WELFARE The EMPLOYER will contribute up to the following sums per month towards the employee' s life and health insurance and dependent health insurance, if elected: :. 1/1 - 12/31, 1981 1/1 - 12/31, 1982 $85.00 $95.00 UNIFORMS The municipality will furnish such uniforms, jackets ..or aprons as the liquor store manager may direct. . Any requisite of a particular color or style- of shirt or tie will be furnished by the employee. OVERTIME Overtime is defined as all hours worked . in excess of-. forty. (40 hours • per week., Sundays .and legal .holiday.s, or days observed as legal holi- days:, Overtime for all employees shall be paid as it is earned at the rate of time and one-half (l Z) . Overtime shall be divided as equally as possible among all non-supervisory employees on the seniority list. -5- LEAVE OF ABSENCE Employees subpoenaed as witnesses, or called and selected for jury duty, shall receive their regular compensation less jury pay. SEVERANCE Severance payments are to -be made only to full-time employees with at least seven 0) years of service who are permanently disabled, die, retire (i.e. , who are eligible for, and apply for, a pension) , or are permanently laid off. The employee must be in good standing. The- severance payment shall be equal to the following number of days pay', calculated on a -"straight" time basis, based upon the number of days of sick leave accrued through the end of the last month of service : No. of Days of Sick No. of 8-Hour Days of Leave Accrued Severance Pay 19 or less 0 20 3 30 6 40 9 • 50 12 60 15 70 18 80 21 90 25 To be pro-rated between steps above thirty (30) days sick leave accrual. The payment for severance pay shall be made within sixty (60) days after resignation. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE This - grievance. procedure is established for the purpose of resolving disputes involving the interpretation or application of this AGREE-- MENT. The EMPLOYER will recognize stewards selected by the UNION as the grievance representatives of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the stewards and of their succes- sors when so named. . Employees presenting grievances may choose to be represented by the • UNION. All documents, communications and records dealing with a griev. nce t shall be filed separately from the personrrci files ofn'� '' �wu'�ved employee (s) . •. -6- The time .limits established in this Article may be extended by mutual consent of the EMPLOYER and the UNION and shall be in writing. • A grievance is defined as a dispute over the interpretation or appli- cation of this AGREEMENT. Grievances shall be resolved in the following manner: Step 1. An employee claiming 'a violation concerning the interpreta- tion or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation, present such grievance to the employee 's immediate supervisor designated by the EMPLOYER. The EMPLOYER-designated representative will give a final answer to such Step 1 grievance within ten (10) .days and said answer shall be in writing. If unresolved, the grievance shall be referred to Step 2- within ten ' (10) - calendar'..days after the EMPLOYER-designated representative 's final -answer in Step 1 . Any grievance not referred to .Step 2 in writing within ten (10) calendar days by the employee shall be considered waived. Step 2 . The written grievance shall be presented. to the employee ' s department head or .other EMPLOYER-designated representative. The EMPLOYER'S Step 2 answer shall be made andplaced in writing within ten . (10) calendar days after receipt of such Step 2 grievance. If a grievance is not resolved in Step 2 , such grievance shall be re- ferrel to Step 3 within ten (10) calendar days after receipt of • such Step 2 answer. Any grievance .not referred in writing by the employee within ten (10) calendar days shall be considered waived. Step 3. The written grievance shall be presented to the EMPLOYER- designated representative. ' The EMPLOYER-designated representative shall give the EMPLOYER'S answer within ten (10) calendar days after receipt of such Step 3 grievance. If a grievance is not resolved in Step 3, such grievance shall be referred to Step 4 within ten (1,0) calendar days following the EMPLOYER-designated representative ' s final Ste,: *3 answer. Any grievance not referred in writing by the employee within ten . (10). -calendar days shall be considered waived. Choice of Remedy. If, as a result of the written EMPLOYER 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 either- to Step 4 or a procedure such as Veteran's Pre- ference or Fair Employment, etc. If appealed to any procedure other than. Step 4 , the grievance is not subject to the arbitration proce- . dure as provided in Step 4. The aggrieved employee shall -indicate in writing which procedure is to be utilized (Step 4, or another 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 . • _a •. -7- Step 7- St_ ep 4 .. Unresolved grievances are subject to the arbitration • provisions of Minnesota Statutes Section 179 . 70 . The arbitrator shall not. have the right to amend, modify, nullify , ignore, add to, or subtract from the provisions of this AGREEMENT. He shall consider and decide only the specific issue submitted to him in writing by the EMS LO`_'ER acid the UNIOLv , and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall be without power to make decisions contrary -- to or inconsistent with or modifying or varying in any way the applications of laws , rules or regulations having the force and effect of .law. The arbitrator shall submit his decision in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties , whichever is later, unless the parties agree to an extension. The decision shall be based solely upon the arbitrator ' s interpretation or application of the- express terms of this -AGREEMENT- and on the facts of the grievance presented. UNION VISITATION AND NOTICES A duly authorized representative of the UNION will be ,permitted to visit the premises of the EMPLOYER at reasonable times for the pur- pose of transacting legitimate business of the UNION, provided there -will be no undue and- unreasonable interference with the opera- tion of the business. The UNION shall be allowed to post reasonable . and appropriate UNION notices for employees at a convenient place designated by the EMPLOYER. INDEMNIFICATION The EMPLOYER will provide insurance to cover loss to employees in the event of a holdup to a maximum of $100 . EMPLOYER AUTHORITY The UNION recognizes the prerogative of the EMPLOYER to operate and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities inclu- ding municipality personnel policies and work rules . The preroga- tives and authority which the EMPLOYER has not officially abridged, delegated or modified by this AGREEMENT are retained by the EMPLOYER such as, but not limited to: 1. Direct employees; 2. Hire , promote, transfer, assign, retain employees in positions and suspend, demote, discharge, or take disciplinary action against employees . • 3. Relieve employees from duties because of lack of work or other legitimate reasons. -8 A 4 . Maintain the efficiency of the government operations . S. Determine the methods , means, job classifications.-and personnel by which such operations are to be conducted. 6 . - Take whatever actions may be necessary to carry out the mission of the agency in situations of emergency. . 7. Determine reasonable schedules of work and establish the methods and processes by which such-work is performed. 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 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. `- The voided provision may be renegotiated at the request of either party. NON-DISCRIMI?\LATION CLAUSE The provisions of this AGREEMENT shall be applied equally and without discrimination by the EMPLOYER and the UNION to all employees regard- less of race, color, creed, religion, national origin, sex, marital status , status with regard to public assistance, disability or age. DURATION . This AGREEMENT shall be effective as of January l 1981 and shall remain in full force and effect until the thirty-first (31st) day of December, 19 82 . In witness whereof, the ,Parties hereto have executed this AGREEMENT on this day of / 19�IF . FOR TH CITY OF ST. ANTHONY FOR THE HOTEL, MOTEL, RESTAURANT, BAR AND CLUB EMPLOYEES UNION LOCAL #17 OF ST. PAUL., MINNEAPOLIS, AND/VICINITY, AFL-CIO UV