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HomeMy WebLinkAboutRES 85-013 RESOLUTION RATIFYING THE 1985 AGREEMENT BETWEEN THE CITY AND HOTEL EMPLOYEES AND RESTURANT EMPLOYEES UNION, LOCAL NO. 17, AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY Meeting Sheet o I IIIIII VIII VIII VIII VIII VIII IIII IIII iozaai Box: 23 Folder: RES 1985 Document: RES 85-013 RESOLUTION RATIFYING THE 1985 AGREEMENT BETWEEN THE CITY AND HOTEL EMPLOYEES AND RESTURANT EMPLOYEES UNION, LOCAL NO. 17, AND AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CIN RESOLUTION 85-013 A RESOLUTION RATIFYING THE 1985 AGREEMENT BETWEEN THE CITY AND HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION, LOCAL NO. 17, AND AUTHORIZING- THB MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY BE IT RESOLVED that the 1985 Agreement between the Hotel Employees and Restaurant Employees , Union Local 17 , and the City is hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. Adopted this a'1 day of F"r-u-a,r-,4 1985. • mayor ATTEST: City Clerk Reviewed for administration: nCf ►ad' s- City Manager -f LABOR AGREEMENT Between CITY OF ST. ANTHONY And HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION, LOCAL NO. -: 17 AFL-CIO JANUARY 1 , 1985 - DECEMBER-. 31 , 1985 TABLE OP CONTENTS Art- pPage . I PURPOSE OF AGREEMENT . . . . . . . . . . . . . 1 II RECOGNITION . 1 III UNION SECURITY . . . . . . . . . . . . . . . . 2 IV SENIORITY 02 VVACATIONS . . . . . . . . . . . .. . . . . . 2 VISICK LEAVE . . . . . . . . . . . . . . . . 3 VII FUNERAL LEAVE : . . . . . 3 VIIIHOLIDAYS . . . . . . . . . . . . . . . . . . 3 IXHOURS OF WORK . . . . . . . . . . . . . . 4 • X WAGES . . . . . . 4 . . XI HEALTH AND WELFARE . . . . . . . . . . . 9 5 XIIUNIFORMS . . . . . . . . . . . . . . . . 5 XIII OVERTIME 9 6 XIV LEAVE OF ABSENCE 6 XVSEVERANCE . . . . . . . . . . . . . . . . . . . 6 XVI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE- . 7 XVII UNION VISITATION AND NOTICES . . . . . . . 9 XVIII INDEMNIFICATION . .9 XIX DISCIPLINE . . . . . . . . . . . . . . . . . 9 XX EMPLOYER AUTHORITY :* . . . . . . . . . . . . o 9 . XXI SAVINGS CLAUSE . . . . . . . . . . . . . . 10 XXII NON-DISCRIMINATION CLAUSE . . . . . . . . . . 1.0 • XXIII DURATION s -i- LABOR AGREEMENT BETWEEN CITY OF ST. ANTHONY AND HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION , LOCAL NO. 17 AFL-CIO ARTICLE I - PURPOSE OF AGREEMENT This AGREEMENT is hereby made and entered into between the Hotel Employees and Restaurant Employees Union , Local No. 17, AFL-CIO, 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. 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 the AGREEMENT. The EMPLOYER and the UNION , through this AGREEMENT, continue their dedication to the highest quality of public service. ARTICLE II - 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. -1- • ARTICLE III - UNION SECURITY In recognition of the UNION as the exclusive representative. the EMPLOYER shall : 3. 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 3. 2 Remit such deduction to the UNION at the earliest practicable date after collection. 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. ARTICLE IV - SENIORITY 4. 1 A policy of seniority shall be formulated that will give permanent employees 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. • 4.2 There shall be one master seniority list established based on the employee's 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. ARTICLE V - VACATION LEAVE 5. 1 Each permanent or probationary full-time employee shall accrue paid vacation leave. at the rate of Years of Service Vacation Accrual 0 through 5 years:. 5/6 day per month 6 through 15 years.. 15 days 16 'and thereafter 20 days 5. 2 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. -2-. • 5.3 Vacation leave accrued during the initial probationary period will begranted after the initial probationary period is completed. 5.4 Vacation leave may be used as earned provided that- the department head has final approval of the time at which each employee may take vacation, giving preference to the senior employees' requests. ARTICLE .VI - SICK LEAVE 6. 1 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. 6. 2 Sick leave shall be granted when necessary for personal illness, injury or' legal quarantine. At the. dis.cretion of the department head, a doctor 's, certificate may be required showing the nature and extent of any injury or illness. • 6. 3 A permanent employee who meets the other requirements of this Article who is receiving Worker' s Compensation payments can draw the employee's salary to the extent of the employee 's accrued sick leave, less any payment received for Worker.'s Compensation. ARTICLE VII - FUNERAL LEAVE 7. 1 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. 7. 2 In the event of the death of an employee's or employee's spouse's grandparents, brothers and sisters or spouse's parents, an employee could be granted one (1) day funeral leave with .pay. ARTICLE VIII - HOLIDAYS 8. 1 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 8.2 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. 8.3 Employees shall be .granted one (1) day leave in lieu of any holiday that the EMPLOYER opens for business to, meet competition. 8.4 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 preceding Friday will be considered a holiday for all employees. All other holidays are allowed if they fall on a regular work day. • 8.5 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: ARTICLE IX - HOURS OF WORK 9. 1 The regular workweek for employees shall be forty (40) hours. The average work month for employees for. the purpose of computing vacations, sick leave and fractions of .a month 's work shall :. be one hundred seventy-three ( 173-) hours. 9.2 All employees shall be allowed two (2) 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. ARTICLE X - WAGES .10. 1 The following salary schedule shall be effective as of January 1 . 1985-.- -4- Position .Rate Per Hour • Full=time -Bartender (Full Scale) $8 . 11 Part-time Bartender Start. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.65 6 Months . . . . . . . . . . . . . . . . . . . . . . . . . $5 . 98 . 1 Year. . . . . . . . . . . . . . . ... . . . . . . . . . . $6. 26 10. 2 Wage Step System. New full time 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. . . . . . . Under Scale 6 - 12 Months . . . . . . .10%* Under Scale 12 - 18 Months. . . . . . . 5% Under Scale 18 Months & Over. . . . . Full Scale 10 . 3 Longevity Pay 5 Years of Employment. . . . 1% of Base Pay 10 Years of Employment. . . . 2% of Base Pay 10 . 4 Pay days for employees shall be bi-weekly with no more than three days holdback including pay day. No -full time employee shall have their hours reduced below • forty (40) hours per week to accommodate a part-time employee. ARTICLE XI - HEALTH AND WELFARE The EMPLOYER will contribute up to one hundred _thirty-five dollars ($135 . 00 ) per month per employee ' toward the employee 's life and health --insurance and dependent health insurance. From the above $135 . 00 per month and at the election of the employee, the EMPLOYER will pay the employee cost of dental coverage through the League of Minnesota Cities Insurance -Trust/Prudential Dental Program (currently $11 . 13 per month) .. Should the cost .for said dental . coverage increase -in 1985 , said EMPLOYER contribution will increase to cover the additional cost. This increase clause-is in .effect . for 1985 dental coverage only and does not include dependent dental coverage , . which will be paid by the employee. ARTICLE XII - UNIFOWIS 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: • ARTICLE XIII - OVERTIME Overtime is defined as all hours, worked in excess of forty (40) hours per week . Sundays and legal holidays, or days observed as legal holidays. Overtime for all employees shall be paid as it is earned at the rate of time and one-half ( 1-1/2). Overtime shall be divided as equally as possible among all non-supervisory employees on the seniority list. ARTICLE XIV - LEAVE OF ABSENCE .Employees subpoenaed as witnesses, or called and selected for jury duty , shall receive their regular compensation less ,jury pay, ARTICLE XV - SEVERANCE 15. 1 Severance payments .are to be made-..only to full-time employees with at least seven (?) :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. • 15.2 The employee must be in good standing. 15. 3 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 A. 9 50 12 60 15 70 18 80 21 90 25 To be pro-rated between steps above thirty (30) days sick leave accrual. 15.4 The payment for severance_ .pay shall be made within • sixty (60) days after resignation:. • ARTICLE XVI - EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 16. 1 This grievance procedure is established for the purpose of resolving disputes involving the interpretation or application of this AGREEMENT. 16.2 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. 16.3 Employees presenting grievances may choose to be represented by the UNION. 16.4 All documents, communications and records dealing with a grievance shall be filed separately from the personnel file of the involved employee(s) . 16.5 The' time limits established in this Article may be extended by mutual . consent of the EMPLOYER and the UNION and shall be in writing. 16.6 Definition of a Grievance • A grievance is defined as ,a dispute over the interpretation or application of this AGREEMENT. 16. 7 Procedure Grievances shall be. resolved in the following manner: 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 , 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 considerd waived. -7- • 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 referred 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 (10) calendar days following the EMPLOYER-designated representative's final Step 3 answer. ' Any grievance not referred in writing by the employee within ten (10) • calendar days shall be considered waived. 16. 8 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 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 arbitrator shall not have the right- ::to amend , modify, nullify, ignore, add to, or subtract from;-the provisions ' o-f this AGREEMENT. . The arbitrator shall consider -8- 1 • A i • and decide only the specific issue 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. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of law, rules or regulations having the force and effect of law. The arbitrato'r'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 is later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and on the facts of the grievance presented. ARTICLE XVII - 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 notices for employees at a convenient place -designated by the EMPLOYER. ARTICLE XVIII - INDEMNIFICATION The EMPLOYER will provide insurance to ' cover loss to employees in the event of a holdup toa maximum of $100. ARTICLE XIX - DISCIPLINE The EMPLOYER will discipline employees for just cause only. - ARTICLE XX - 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 muncipality personnel policies and work • rules. The prerogatives 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: -9- • 20. 1 Direct employees ; p oyees ; 20.2 Hire, promote, transfer, assign, retain employees in positions and suspend, demote. discharge, or take disciplinary action against employees. 20. 3 Relieve employees. from duties because of lack of work or other legitimate reasons. 20.4 Maintain the efficiency of the government operations. 20.5 Determine the methods. means, job classifications and personnel by which such operations are to be conducted. 20.6 Take whatever actions may be necessary to carry out the mission of the agency in °situations of emergency. 20.7 Determine reasonable schedules of work and establish the . methods and processes by which-.such work is performed. ARTICLE XXI - 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 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. ARTICLE XXII - NON-DISCRIMINATION CLAUSE The provisions of this 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. -10- ARTICLE XXIII - DURATION This -AGREEMENT shall be effective as of January 1 , 1985 and shall remain in full force and effect until the thirty-first day of December, 1985 . IN WITNESSf1WHEREOF, the- p ies have executed this .AGREEMENT on this 1T � day of 1985 . FOR THE CITY OF ST . ANTHONY FOR HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION, LOCAL NO. 17 AFL-CIO AYff M , CM&I CITY MANAGER • -11- opeiu#12/bjd