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Home My WebLink AboutRES 83-007 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (REPRESENTING THE CITY OF ST. ANTHONY) AND THE INTERNATIONL UNION OF OPERATING ENGINEERS, LOCAL 49 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iozsso Box: 23 Folder: RES 1983 Document: RES 83-007 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (REPRESENTING THE CITY OF 5T. ANTHONY) AND THE INTERNATIONL UNION OF OPERATING ENGINEERS, LOCAL 49 RESOLUTION 83-001 A RESOLUTION AUTHORIZING THE MAYOR. AND CITY MANAGER TO EXECUTE THE AGREE14ENT BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (-REPRESENTING THE CITY OF ST. ANTHONY) AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS; LOCAL 49 BE IT RESOLVED that the Mayor and City Manager are hereby authorized to execute the Agreement between the Metropolitan Area Management Association (MAMA) , which represents the City of St. Anthony', and the International Union of Operating Engineers (_IUOE) , Local No. 49 , AFL-CIO. Adopted this day of , aj-tel 1983 . Mayor ATTEST: City Clerk Reviewed for administration : nc City Manager LABOR RELATIONS ASSOCIATES, INC. 7501 Golden Valley Road Golden Valley;.Minnesota 55427 I� 612/546.1470 December '17 , 1982 TO: CITIES REPRESENTED BY THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) IN THE MULTI-EMPLOYER RELATIONSHIP WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) , LOCAL NO. 49 FROM : C. F. Smythe , Consultant 'to MAMA SUBJECT: LABOR AGREEMENT WITH IUOE , LOCAL NO. 49 Enclosed is a. copy of the MASTER LABOR AGREEMENT with IUOE , Local No . 49 for calendar years 1983 and 1984 . Please note that the MASTER LABOR AGREEMENT freezes all terms and conditions of employment covered by the MASTER LABOR AGREEMENT through December 31 , 1984 except wage rates and City health and life insurance costs. The LOCAL ADDENDUM in each city is extended without change through June 30 , 1983 and terminated on that that date unless mutually extended. Thus, no LOCAL ADDENDUM agreement will exist without individual City-Local 49 agreement on LOCAL ADDENDUM extension past June 30, 1983. Individual cities are therefore free to_ make such changes as they deem appropriate in the event no local agreement is reached by that date until a new local agreement is reached . If you have any questions please call . • CFS : hfc Encl . t MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) REPRESENTING THE CITIES OF: Blaine Eden Prairie New Hope Brooklyn Center Edina Oakdale Brooklyn Park Fridley Richfield Burnsville Golden Valley Robbinsdale Circle' Pines Hopkins Roseville Columbia Heights Minnetonka St. Anthony Cottage Grove Mounds View St. Louis Park Crystal White Bear Lake AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS ( IUOE) LOCAL NO. 49 , AFL-CIO TERMINATION OF AGREEMENT Thirty (30 ) days after the date of the issuance by the arbitrator of the award in the grievance arbitration case PERB NO. 83-PP-19-B between the City of Columbia Heights and IUOE, Local No. 49, all agreements, MASTER and Local Addendum, between the twenty-three (23) cities listed above and IUOE, Local No. 49 shall terminate unless MAMA and IUOE, Local No. 49 mutually agree to reinstate and continue the MASTER AGREEMENT and Local Addendum. FOR, FOROE, L 0. 49: i �✓ cdc/ Y Ir- C� 'Dated this day of Dat this 11� day of 1982. ('�ec eAry.o e , 1982. MASTER LABOR AGREEMENT BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) REPRESENTING THE CITIES OF: Blaine Eden Prairie New Hope Brooklyn Center Edina Oakdale Brooklyn Park Fridley . Richfield Burnsville Golden Valley Robbinsdale Circle Pines Hopkins Roseville Columbia Heights Minnetonka St. Anthony Cottage Grove Mounds View St. Louis Park Crystal White Bear Lake AND- THE INTERNATIONAL UNION OF OPERATING ENGINEERS ( IUOE) LOCAL NO. 49 , AFL-CIO JANUARY 1 , 1983 - DECEMBER 31 , 1984 LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY 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 AGREEMENT as a pledge of this dedication. �1- 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, slowdown, 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, or eliminate. ARTICLE VI EMPLOYEE RIGHTS-GRIEVANCE- PROCEDURE 6. 1- DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. -3- Step 1. An EMPLOYEE claiming a violation concerning the ` interpretation or application of this AGREEMENT shall , within twenty-one (21 ) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE 'S supervisor as designated a by the EMPLOYER,. The EMPLOYER-designated representative will discuss and give an answer to such Step l 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 npt resolved in Step 2 may be appealed to Step 3 within . ten (10 ) calendar days following the EMPLOYER-designated representative' s -5- Relations Act of 1971, 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. 6. 5 ARBITRATOR'S AUTHORITY A. 'The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of -this AGREEMENT. The arbitrator shall .- consider and decide only the specific issue( s) submitted in writing- by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so Q 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 the 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 o.. the arbitrator ' s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. -7- -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 IV the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VI . The aggrieved employee 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 anyother 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 allowance . 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 -9- /ARTICLE IX WORK SCHEDULES 9-1 The sole authority is 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. 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 seven (7 ) days 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 l ® 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 the employee 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. i Ii 1 -11- performed within the scope of the employee' s employment, when such' act is performed in good faith and under direct order of the employee ' s supervisor , shall be reimbursed for reasonable attorney' s fees and court costs actually incurred by such employee in defending against such charge . ARTICLE XILI RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV DISCIPLINE The EMPLOYER will discipline employees only for just cause . 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. 1 • -13- 18. 12 have the ability to perform the duties and responsibilities of the job vacancy. 18. 2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to" the conditions of ARTICLE XVI (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 t 19. 1 The EMPLOYER will contribute up to a maximum of one -hundred and twenty-five dollars ( $125. 00 ) per month per employee for group health and life insurance including dependent coverage . 19. 2 By mutual agreement employees may use ten dollars ( $10.00 ) .of the $.125.00 per month per employee of health insurance dollars for dental insurance for all unit employees. 19. 3 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 e::pense to the extent allowed urw3er the EMPLOYER'S group policy. -15- 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 terms 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 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. -17- APPENDIX A WAGES A. The following wage schedule will be. in effect from the first payroll period in 1983 through the last payroll period in 1983 : Heavy Equipment .Operator. . . . . . . . . . . . $ 10 . 70 Water/Sewer Maintenance Person. . . . . . $ '10 . 47 Light Equipment Operator $ 10 . 25 B. New employees will start at a wage rate equal to ninety percent (.90%) 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. percent (95o) . 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 B 1 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, 1983 and terminating on June 30, 1983 unless renewed or extended by mutual agreement of the parties. 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-I . 1 �., -20-