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Home My WebLink AboutRES 86-007 RESOLUTION AUTHORIZING TH MAYOR AND CITY MANAGER TO EXECUTE ARTICLE XIX AND APPENDIX A TO THE AGREEMENT BETWEEN THE METROPLITAN AREA MANAGEMENT ASSOCIATION, REPRESENTING THE CITY OF ST. ANTHONY, AND THE INTERNATIONAL UNION OF OPERATING ENGINEER Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102392 Box: 23 Folder: RES 1986 Document: RES 86-007 RESOLUTION AUTHORIZING TH MAYOR AND CIN MANAGER TO EXECUTE ARTICLE XIX AND APPENDIX A TO THE AGREEMENT BETWEEN THE METROPLITAN AREA MANAGEMENT ASSOCIATION, REPRESENTING THE CITY OF ST. ANTHONY, AND THE INTERNATIONAL UNION OF OPERATING ENGINEER RESOLUTION 86-007 A RESOLUTION AUTHORIZING THE MAYOR_ AND CITY MANAGER TO EXECUTE ARTICLE XIX AND APPENDIX A TO THE AGREEMENT 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 authori.zed to execute Article XIX and Appendix A to 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 49, AFL-CIO. Adopted this j day of � , 1,t l y- 1986. 'M or ATTEST: City—Clerk P Reviewed for administration: t k ; C City Manager i • MEMORANDUM OF UNDERSTANDING FOR CALENDAR 1986 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 ARTICLE XIX - INSURANCE The stated dollar amount in ARTICLE XIX, Section 19. 1 of $155.00 for calendar 1985 will be increased by Ten Dollars ($10.00) for calendar 1986. Thus Section 19.2 shall read : "19.2 The EMPLOYER will contribute up to a maximum of one hundred sixty-five dollars ($165.00 ) per month per employee for group health and life insurance including dependent coverage for calendar 1986. " -1- ,4 MEMORANDUM OF UNDERSTANDING -2- MAMA AND IUOE, LOCAL NO. 49 • FOR CALENDAR 1986 APPENDIX A - WAGES The MAINTENANCE II classification shall be increased by four percent (4% ($.45 )) . Classifications equal to or below the MAINTENANCE II wage rate shall be increased by four percent (0) . Classifications equal to or above the MAINTENANCE II wage rate shall. be increased by forty-five cents ($.45 ) per hour . Thus section A of APPENDIX A - WAGES shall read: "The following wage schedule will be in effect from the first payroll period in 1986 through the last payroll period in 1986 : MAINTENANCE III . . . . . $ 12.23 ($.45) MAINTENANCE II . . . . . $ 11 .75 (4% ($.45 )) MAINTENANCE I . . . . . . $ 8.47 (4%)" • DURATION As previously agreed the duration of the Labor Agreement shall be through December 31 , 1986. FO .A.M.A. : FOR I.U.O.E. , LOCAL NO. 49: n i =1Z Dated this day of Dated this 21-1 day of 1985. 1985. • - 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 19. 1 The EMPLOYER will contribute up to a maximum of one hundred fifty-five dollars ($155.00) per month per employee for group health and life insurance including dependent coverage for calendar 19.85. 19.2 The EMPLOYER will contribute up to a maximum of one hundred sixty-five dollars ($165.00) per month per employee for group health and life insurance including dependent coverage for calendar 1986. 19.3 By mutual agreement employees may use fifteen dollars ($15.00) of the per month per employee of health insurance dollars in 19. 1 and 19.2 for dental insurance for all unit employees. -15- APPENDIX A • WAGES A. The following wage schedule will be in effect from the first payroll period in 1986 through the last payroll period in 1986: MAINTENANCE III . . . . . . . . . . $ 12 .23 per hour MAINTENANCE II . . . . . . . . . 11 .75 per hour MAINTENANCE I . . . . . . . . . . . 8.47 per hour B. All new employees hired after February 7 , 1984 may be classified at the sole discretion of the individual cities covered by this AGREEMENT as MAINTENANCE I and receive Working Out of Classification pay as provided by Section C of this APPENDIX. C. WORKING OUT OF CLASSIFICATION PAY • C-1 . Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the MAINTENANCE III rate of pay for those hours assigned to the unit : (Heavy Equipment items are those as listed in the LOCAL ADDENDUM to this MASTER AGREEMENT. ) • -19- TABLE OF CONTENTS • ARTICLE PAGE I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . 1 II RECOGNITION . . . . . . . . . . . . . . . . . . . . . . 2 III UNION SECURITY . . . . . . . . . . . . . . . . . . . . 2 IV EMPLOYER SECURITY . . . . . . . . . . . . . . 3 V EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . 3 VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE . . . . . . . . . . 3 VII DEFINITIONS . . . . . . . . . . . . . . . . . . . . . 9 VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . 10 IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . 11 X OVERTIME PAY . . . . . . . . . . . . . . . . . . . . 12 XI CALL BACK . . . . . . . . . . . . . . . . . . . . . . . 12 XIILEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . 12 XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . . . 13 XIV DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . 13 XVSENIORITY . . . . . . . . . . . . . . . . . . . . . . . 13 XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . 14 XVIISAFETY . . . . . . . . . . . . . . . . . . . . . . . . 14 XVIII JOB POSTING . . . . . . . . . . . . . . . . . . . . . . 14 XIX INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 15 XX HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . 16 XXI SCOPE OF AGREEMENTS . . . . . . . . . . . . . . . . . . 16 XXII WAIVER . . . . . . . . . . . . . . . . . . . . . . . . 17 XX I I I DURATION . . . . . . . . . . . . . . . . . . . . . . . 18 APPENDIX A - WAGES . . . . . . . . . . . . . . . . . . 19 • APPENDIX B - LOCAL ADDENDUM . . . . . . . . . . . . . . 21 -i- • 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 II RECOGNITION The EMPLOYER recognizes the UNION as the 'exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3 in an appropriate bargaining unit consisting of the following job classifications: ARTICLE III UNION- SECURITY In recognition of the UNION as the exclusive representative i the EMPLOYER shall: 3. 1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3. 2 Remit such deduction to the appropriate designated officer of the UNION. 3. 3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such. choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and. all claims, suits, orders, or judgments brought or issued against the City as a result of any action • taken or not taken by the City under the provisions of this Article . -2- !• .ARTICLE IV EMPLOYER SECURITY The UNION agrees' that: during the life of this AGREEMENT it ' will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. I I 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- • 6. 2 UNION REPRESENTATIVES r\ The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this 4 Article . The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6. 3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal • working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated - supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6. 1, shall be resolved in conformance with the following procedure: -4- Step .I. 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 by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer,.- to such Step 1 grievance within ten ( 10 ) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance , the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to -,-Step 2 within ten ( 10 ) calendar days after the EMPLOYER-designated representative' s final answer in Step 1 . Any grievance not appealed in writing to Step 2 by the UNION within ten ( 10 ) calendar days shall be considered waived. Step 2. If appealed , the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten ( 10 ) calendar days after receipt of such Step 2 grievance. A grievance npt resolved in Step 2 may be ' appealed to -Step 3 within ten (10 ) calendar days following the EMPLOYER-designated representative ' s -5- • final Step .2 answer . Any grievance not appealed in F writing to Step 3 by the UNION within ten ( 10 ) calendar days shall be considered waived:- Step 3. If appealed, the written grievance shall be presented by the UNION and discussed. with the EMPLOYER-designated Step 3 representative. - The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten ( 10 ) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10 ) calendar days following the EMPLOYER-designated representative' s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten ( 10 ) calendar days shall be considered waived. Step 4 . A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10 ) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step .5 by the UNION within ten ( 10 ) . calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to • the provisions of the Public Employment Labor C _6_ 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 submit-ted . 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 an the ' arbitrator ' s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. -7- i • 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. 2 If either party desires a verbatim record of the a proceedings, it may cause such a record to be made; providing it pays for the record. If both parties desire S - a verbatim record of the proceedings the cost shall be shared equally. 6. 6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived. " If a grievance z is not appealed to the next step within the specified - time C 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 agreement of the EMPLOYER and the UNION. 6. 7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, th.e 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 -8- • be' ap appealed either to Step 5 of ARTICLE VI or a procedure. P 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 any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI . ARTICLE VII DEFINITIONS 7 . 1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7 . 2 EMPLOYER: The individual municipality designated by this AGREEMENT. 7. 3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO. 7. 4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7. 5 BASE PAY RATE: The employee' s hourly pay rate exclusive of longevity or any other special allowance. 7. 6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. Employees who '-are pr.omoted. from a 'job classification covered by this AGREEMENT and return to a job classification covered -9- by.,, this AGREEMENT .shall. have their seniority-. calculated.. on their length of service under this AGREEMENT . for purposes of { : .' promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 7.7 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. i 7. 8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8 ) hours within a twenty-four ( 24 ) hour period (except for shift changes) or more than forty (40 ) hours within a seven (7 ) day period. 7. 9 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the • EMPLOYER at a time- other than an assigned shift. An f extension of or early report to an assigned shift is no.t a call back. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no •appeal has been taken within the time prpvided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. -10- • 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 Scircumstances 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. -11- • ART.ICLE� X OVERTIME PAY. 10:. 1 Hours worked in .excess of eight (8 ) hours within a twenty-four ( 24 ) hour period (except for shift changes ) or more than forty ( 40 ) hours within a seven (7 ) day period will be compensated for at one and one-half ( 1-1/2) times the employee' s regular base pay rate. 10.12 Overtime will be distributed as equally as practicable . 10. 3 Overtime refused by employees will for record purposes under ARTICLE 10. 2 be considered- as unpaid overtime worked. 10.4 , For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. C ARTICLE XI CALL BACK An employee called in for work at a time other than the employee' s normal scheduled shift will be compensated for a minimum of two (2 ) hours ' pay at bne and one-half (1-1/2) times the employee' s base pay rate . ARTICLE XII LEGAL DEFENSE 12. 1 Employees involved in litigation because of negligence, ignorance of . laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipalit -. 12. 2 Any employee who . is .charged with a traffic violation, ordinance violation or criminal offense arising from acts -12- • performed within theascope .of -..the employee' s employment,:; when such act is pecfbrmed. ' 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 XIII 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-"r*ecall rights. -13- . ARTICLE-'XVI PROBATIONARY PERIODS- l6-.4-:,-- Al-1 newly hired or rehired employees .will serve a six .( 6 ) months' probationary period. 16. 2 All employees will serve a six (6 ) months' probationary period in any job classification in which the employee has not serve a probationary period. 16. 3 At any time during the probationary period a newly hired or rehired employee may terminated at the sole discretion of the EMPLOYER. 16. 4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee ' s previous position at the sole discretion of the • EMPLOYER. C� ARTICLE XVI-I SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner . ARTICLE XVIII JOB POSTING 18. 1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that- applicants: hatapplicants: 18. 11 . have the necessary qualifications to meet the • standards of the job vacancy; and -14- 18; 12. ,.have -the .ability to perform the duties and • " res o'nsibil-ities of- the P 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 19. 1- The EMPLOYER will contribute up to a maximum of one hundred fifty-five dollars ($155 .00 ) per month per employee for group health and life insurance including dependent coverage for . calendar 1985 . 19 . 2 The EMPLOYER will contribute up to a maximum of one hundred sixty-five dollars ($165.00 ) per month per employee for group health and life insurance including dependent coverage for calendar 1986. 19. 3 By. mutual agreement employees may use fifteen dollars ($15.00) of the. -per- month per employee of health. insurance dollars. in 19 . 1 -and 19 .2 for dental insurance for all unit employees. -15- . .19..4 Employees not choosing dependent coverage cannot be covered . at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee' s expense to the extent allowed under the EMPLOYER' S group policy. 19.5 Individual employees may provide for an increased EMPLOYER contribution for insurances over that amount stipulated by 19. 1 , 19.2 and 19.3 by lowering their salary from the rates stipulated in APPENDIX A to provide for an increased EMPLOYER contribution which will fully pay for the employee' s health , life , and dental insurance, including dependent coverage. • ARTICLE XX HOLIDAYS The EMPLOYER will provide eleven (11 ) paid holidays. ARTICLE XXI SCOPE OF AGREEMENTS No addendum to this MASTER AGREEMENT can be in conflict with this MASTER AGREEMENT. -16- :• .ARTICLE' XXII' WAIVER 22. 1 Any. and' all prior Agreem'ent.s, 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 . 22.2 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- ARTICLE XXIII DURATION • This AGREEMENT shall be .effective as of January 1 , 1984 and shall remain .in full force and effect until the 31st day of ' December, 1985 ,except that either party may reopen for negotiations for calendar 1985 the wage rates in APPENDIX A and the local issues as shown in the individual city' s APPENDIX B - LOCAL ADDENDUM to the MASTER AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this _ day of 198_ FOR THE METROPOLITAN AREA MANA MENT AS 0 I ON (MAMA) : AM A FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCAL NO. 49 , AF I0: o rt ueri ger, busl . a ger re er Tj KI, P res Enouvei Recorping ecretary o n R. Peterson,-. rea IsusIness Rep. M ors, ea ss Repi lo- H C I T b ' S T. ANTHONY ep. -18- APPENDIX A .� ' .. . . . . . WAGES A. The following wage schedule will be in effect from the first payroll period in 1986 through the last payroll period in 1986 :- MAINTENANCE -III . . . . . . . . . . $ 12 .23 per hour MAINTENANCE II . . . . . . . . . . 11 .75 per hour MAINTENANCE I . . . . . . . . . . . 8.47 per hour B. All new employees hired after February 7 , 1984 may be classified at the sole discretion of the individual cities covered by this , AGREEMENT as MAINTENANCE I and receive Working Out of Classification pay as provided by Section C of this APPENDIX. C. WORKING OUT OF CLASSIFICATION PAY • C-1 . Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the MAINTENANCE III rate of pay for those hours assigned to the unit : (Heavy Equipment items are those as listed in the LOCAL ADDENDUM to this MASTER AGREEMENT. ) - 19- APPENDIX A ( continued) C-2. Employees hired after February 7, 1984 in the MAINTENANCE. I: classification who are- required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified - to operate the following items of equipment will- be paid the MAINTENANCE II rate of pay for those hours assigned to the unit : C-3. Employees assigned by the EMPLOYER to Utility Operator will be paid the wage rate of the job classification to which the employee is assigned . -20-