HomeMy WebLinkAboutRES 86-028 RESOLTUION DELETING ARTICLE XXV AND RENUMBERING ARTICLES XXVI TO XXIX CONTAINED IN THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND TEAMSTERS LCOAL 320 Meeting Sheet
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102372
Box: 23
Folder: RES 1986
Document: RES 86-028 RESOLTUION DELETING ARTICLE XXV AND
RENUMBERING ARTICLES XXVI TO XXIX CONTAINED IN THE
AGREEMENT BETWEEN THE CIN OF ST. ANTHONY AND TEAMSTERS
LCOAL 320
•
RESOLUTION 86-^28
A -RESOLUTION DELETING ARTICLE XXV AND RENUMBERING ARTICLES
XXUI THROUGH XXIX CONTAINED IN THE AGREEMENT BETWEEN THE
CITY OF ST. ANTHONY AND TEAMSTERS LOCAL 320
BE. 'IT RESOLVED that the 19.86 Agreement between Teamsters Local 320,
representing the St. Anthony Fire Department and the City is hereby
amended by deleting Article XV and renumbering Articles XXVI through
XXIX.
Adopted this �� ' day of Tune, 1986.
•
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
LABOR AGREEMENT
BETWEEN
• THE CITY OF ST. ANTHONY
AND
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES UNION, LOCAL #320
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of January 1 , l�ti�`1 between the City
of St. Anthony, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public
and Law Enforcement Employees Union, . Local #320, hereinafter called the UNION.
It is the intent and purpose of this AGREEMENT to:
1 . 1 Assure sound and mutually beneficial working and economic relationships
between the parties hereto;
1 . 2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S
interpretation and/or application; and
1.3 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, shall continue their dedication
to the highest quality service and protection to the residents of St. Anthony. Both
parties recognize this AGREEMENT as a pledge of this dedication.
ARTICLE II RECOGNITION
2. 1 The EMLOYER recognizes the UNION as the exclusive representative, under
Minnesota Statutes, Section 179.71 , Subdivision 3, for all fire personnel in
the following job classifications:
Firefighter
Captain
2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion
or exclusion of a new or modified job class, the issue shall be submitted to
the Bureau of Mediation Services for determination.
ARTICLE III DEFINITIONS
3. 1 UNION: The Minnesota Teamsters Public and Law Enforcement Employee's Union,
• Local #320.
3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement
Employee's Union, Local #320.
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3.3 EMPLOYEE: A member of the exclusively-recognized bargaining unit.
• 3.4 DEPARTMENT: The St. Anthony Fire Department.
3.5 EMPLOYER; The City of St. Anthony..
3.6 CHIEF: The Chief of the St. Anthony Fire Department.
3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters
Public and Law Enforcement Employee' s Union, Local #320.
ARTICLE IV. EMPLOYER SECURITY
The UNION -agreed that during the' life -of this AGREEMENT it-will-hot cause, encourage,
participate in or support any strike, slow-down, or other interruption of or'
interference with, the normal functions of the EMPLOYER.
ARTICLE V EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the sole right to operate and manage all manpower,
facilities and equipment in accordance with applicable laws and regulations
of appropriate authorities.
5.2 Any term and condition of employment not specifically established or modified
by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to
• modify, establish, or eliminate.
ARTICLE VI UNION SECURITY
6. 1 . The EMPLOYER shall deduct from the wages of employees who authorize such a
deduction, in writing, an amount necessary to cover monthly UNION dues. Such
monies shall be remitted as directed by the UNION.
6.2 The UNION may designate an employee from the' bargaining- unit to -act -as _Steward
and an employee to act as alternate and shall inform the EMPLOYER, in
writing, of such choice and changes in the position of the Steward and/or
alternate.
6.3 The EMPLOYER shall make space.av:ailable on.the employee bulletin board for the
posting of UNION notices) and announcement(s) .
6.4 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.
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ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
• 7.1 Definition of a Grievance: A grievance is defined as a dispute or disagree-
ment as to the interpretation or application of the specific terms and condi-
tions of this AGREEMENT.
7.2 Union Representatives: 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 Article. The UNION shall
notify the EMPLOYER, in writing, of the names of such UNION representatives
and of their successors, when so designated, as provided in 6.2 of this
AGREEMENT.
7.3 Processing of a Grievance: It is recognized and accepted by the UNION and the
EMPLOYER, that the processing of grievances, as 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 a
UNION representative shall be allowed a reasonable amount of time, without loss
in pay, when a grievance is investigated and presented to the EMPLOYER during
normal working hours provided that the employee and the UNION 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.
7.4 Procedure: Grievances, as defined by Section 7.1 , shall be resolved in con-
formance with the following procedure:
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 by the EMPLOYER. The EMPLOYER-designated repre-
sentative will discuss and give an answer to such Step 1 grievance within ten
0 0) calendar days after receipt. A grievance not resolved in Step 1 and
appealed to Step 2 shall be placed in writing, setting forth and nature of the
grievance, the facts on which it is based, the provision or provisions of
the AGREEMENT allegedly violated, the remedy requested and shall be appealed to
Step 2 within ten (10) calendar days after the EMPLOYER-designated representa-
tive' 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.
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Step 2. If appealed, the written grievance shall be presented by the UNION
• and discussed with 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 not resolved in Step 2
may be appealed to Step 3 within ten CIO) calendar days following the EMPLOYER-
designated representative's final Step 2 answer. Any grievance not appealed
in writing to Step 3 by the UNION within ten (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 00) 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 to Step 4 by the UNION
• shall be submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971 , as amended. The selection of an
arbitrator shall be made in accordance with the "Rules Governing the Arbitra-
tion of Grievances", as established by the Public Employment Relations Board.
7.5 Arbitrators Authority:
A. The Arbitrator shall have no right to amend, modify, nullify, ignore, add
to, or subtract from the terms and conditions of this AGREEMENT. The
Arbitrator shall consider and decide only the specific issue(s) submitted
in writing by- the- EMPLOYER and the UNION and shall have no authority to
make a decision on any other issue not so submitted.
B. The Arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of
laws, rules, or regulations having the force and effect of law. The
Arbitrator's decision shall be submitted in writing within -thitty ._(30)
days following close- of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension.
• The decision shall be bindin 'on both the EMPLOYER and the UNION and
shall be based solely on the Arbitrator's interpretation or application
of the express terms of this AGREEMENT and to the facts of the grievance
presented.
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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 wit-
nesses. If either party desires a verbatim record of the proceedings
it may cause such a record to be made, providing it pays for the record.
If both parties desire a verbatim record of the. proceedings the cost shall
be shared equally.
7.6 Waiver: If a grievance is not presented within the time limits set forth
above, it shall be considered "waived". If a grievance is not -appealed to
the next step within the specified time limit or any agreed extension thereof,
it shall be considered settled on the basis of the EMPLOYER'S last answer.
If the EMPLOYER does not answer a grievance or an appeal thereof, within the
specified time limits, the UNION may elect to treat the grievance as denied
at that step and immediately appeal the grievance to the next step. The time
limit in each step may be extended by mutual written agreement of the
EMPLOYER and the UNION, in each step.
This AGREEMENT is subject to the laws. of the United States, the State of Minnesota and
the City of St. Anthony Ordinances. In the event any provision of this AGREEMENT
shall be held to be contrary to law by a court of competent jurisdiction from whose
final judgment or decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions shall continue in full force and
effect. The voided provision may be re-negotiated at the written request :,of either
party. All other provisions of this AGREEMENT shall continue in full force and effect.
ARTICLE IX SENIORITY
9. 1 Seniority shall be determined by the employee's length of continuous employ-
ment with the Fire Department and posted in an appropriate location. Seniority
rosters may be maintained by the Chief on the basis of time in grade and time
within specific classifications. New employees shall be on a six month pro-
bationary period. The employee shall be certified after that time unless in the
opinion of the Fire Chief, additional training is necessary before certifica-
tion. Seniority shall be according to time and date of hire. In the case of
two employees hired at the same time, one shall be senior in seniority. In
case two or more were hired at the same time, seniority shall be determined by
• lottery (.such as a flip of a coin or the drawing of a card) . A seniority
list shall be established for all employees and a copy of that list forwarded
to the UNION office.
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9.2 During the probationary period a newly hired or re-hired employee may be dis-
charged at the sole discretion of the EMPLOYER. During the probationary
period a promoted or re-assigned employee may be replaced in his/her previous
position at the sole discretion of the EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis of seniority.
Employees shall be recalled from layoff on the basis of seniority. An
employee on layoff shall have an. opportunity to return to work within two years
of the time of his/her layoff before any new employee is hired.
9.4 Vacation periods shall be selected on the basis of seniority until March 15th
of each calendar year.
ARTICLE X DISCIPLINE
10.1 The EMPLOYER will discipline employees for just cause only. Discipline will
be in the form. of:
A. oral reprimand;
B. written reprimand;
C. suspension;
• D. demotion; or
E. discharge.
10. 2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension and notices of discharge, which are
to become part of an employee's personnel file, shall be read and acknowledged
by signature of the employee. Employees and the UNION will receive a copy of
such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the EMPLOYER.
10.5 Discharges will be preceeded by a five (_5) day suspension without pay.
10.6 Employees will not be questioned-. concerning an investigation of disciplinary
action unless the employee has been given an opportunity to have a UNION
representative present .at such .questioning.
10.7 Grievances relating to this Article shall be initiated by the- UNION in Step 3
of the.-Grievance: Procedure,_.under.:Article VII.
• 10.8 Choice of Remedy: If, as a result of the written response in Step. 3, the
grievance -remains unresolved and if the grievance involves the suspension,
demotion or discharge of an employee who has completed the required probationary
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period, the grievance in ay be appealed to Step 4 of Article VII or a procedure
such as Veterans Preference or Fair Employment. If appealed to any procedure
other than Step 4 of Article VII, the grievance is not subject to the arbitra-
tion procedure as provided in Step 4 of Article VII. The aggrieved employee
J shall indicate, in writing, which procedure is to be utilized, Step 4 of
Article VII or any other appeal procedure, and shall sign .a statement to the
effect that the choice of any other hearing. precludes the aggrieved employee
J from making a subsequent- appeal. through Step 4 of Article VII.
=2 ARTICLE XI CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and
Minnesota State Constitutions.
. 11 . 1 Employees will be compensated at one and one-half (.1 -1/2) times the employee' s
regularly scheduled shift. Changes of shifts do not qualify an employee for
overtime under this Article.
11 . 2 Overtime will be distributed as equally as practicable.
_ 11 .3 Overtime refused by employees will , for record purposes under Article 11 .2,
I be considered unpaid overtime worked.
11 .4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
11 . 5 Overtime will be calculated to nearest fifteen (.15) minutes.
ARTICLE XII SALARIES (MONTHLY )
The work schedule for all positions covered by this Agreement shall average fifty-six
(56) hours per week, three hours of which is compensated at one and one-half 0-1/2)
times the hourly rate in accordance with the Federal Fair Labor Standards Act.
Based on the foregoing, monthly salary for firefighter and captain shall be as
follows:
Firefighter 1986 Hourly Rate
After three years $2,405 ( 100%) $9.65
After two years $2,345 (97.5%) $9.41
After one year $2, 285 (95%) $9.17
After six months $2,225 (92. 5%) $8.93
Start $2,165 (90%) $8.69
=` Captain $2,510 $10.07
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Firefighters working out of classification (.Captain) wi-11 receive Five Dollars
(• ($5.00) additional per shift where such out of classification duties exceed eight
hours -of a shift. Accrued pay for such work will be made annually.
ARTICLE '.XIII SCHOOLS AND TRAINING SESSIONS
All employees shall be required to attend such schools or training sessions as may
be required by the City Manager. Attendance at sessions scheduled while officers
are off duty shall be voluntary for those officers. . Compensation for such attendance
is considered included in the approved salary schedule unless the City Manager is
reimbursed from -an outside source.
ARTICLE XIV SYSTEM OF PROMOTION
Promotion from Firefighter to Captain and Captain to Assistant Chief and Chief
to be made from within the Department, if enough years experience and supervisory
skill is held by any present member of the Department to qualify, as determined by
the EMPLOYER.
In the event of job openings, the job shall be posted on the station bulletin
(� board for at least ten 00) days. In evaluating candidates for job openings, if
all other factors as determined by examination, interview or review are equal ,
the employee among those tested with the greatest seniority will be selected to
fill the position. Otherwise, the person with the highest cumulative score shall
fill the position.
ARTICLE XV CLOTHING ALLOWANCE
.All Fire Department employees shall be allowed $230.00 per year clothing allowance
for 1986. Also, the City is to furnish over and above the clothing allowance, all
protective fire fighting clothing and gear, including badges, etc.
ARTICLE XVI VACATION SCHEDULE
The vacation schedule shall be as follows:
56 Hour Average Duty Week Employees
A. Those hired as full time after June 24, 1980:
After six months of completed service -- 72 hours
�• After one year of completed service -- 144 hours
After five years of completed service -- 190 hours
After ten years of completed service -- 240 hours
After fifteen years of completed service -- 288 hours
A shift for 56 hour- average duty week employees is 24 hours .
j
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b. Those hired as full time before June 24, 1980 shall receive 360 hours per year
vacation.
40 Hour Average Duty Week Employees
Those employees working 40 hour average duty weeks shall receive the same vacation
schedule as other 40 hour per week employees. One shift for 40 hour per week
employees is 8 hours.
Employees over five (.5) years of tenure may accrue vacation leave to one and one-half
times that allowed yearly and those with less than five years tenure shall be allowed
to accumulate one times that allowed yearly. Any vacation accrued in excess must
be taken after thirty (30). days writtennotice or will be forfeited, unless approval
is given by the City Manager.
No vacation leave shall be granted during the initial probationary period. Vacation
leave accrued during the initial probationary period will be granted.
Vacation leave may be used as earned provided that the Department Head has final
approval of the time at which each employee may take his vacation, giving preference
to the senior employees' requests. If the employee spl=its his vacation time, he
shall be given preference on the basis of seniority for only- the first equest of
time. Accrued vacation pay at time of termination shall be calculated utilizing
the hourly rate shown in Article XII . Accrued, but unused, vacation leave shall
be paid to the employees upon termination of employment, providing at least two
weeks written notice is given. Employees taking vacation in the amounts of one
week or more may receive vacation pay in advance if pay day falls during the
vacation period.
ARTICLE XVII SEVERANCE PAY
Employees who are permanently laid off, disabled, or who retire with at least ten
(.10) years of consecutive service as a full time fire department employee shall
receive severance pay on the following schedule:
Sick Leave Shifts Accrued No. Shifts of Severance Pay
30 - 49 3
50 - 79 5
80 - 99 7
100 - 110 11
111 - 120 15 (maximum)
Such severance pay is to be computed at straight time on the following basis :
ANNUAL SALARY BASE
22 = Severance pay per shift
f
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ARTICLE XVIII SICK LEAVE
• Sick leave shall be granted when necessary for personal illness, injury or legal
quarantine. The City Manager, at his discretion, may require a doctor's certifi-
cate showing the nature and extent of any injury or illness. A permanent employee
who meets the other requirements of this -Article, who is receiving Workers Compensa-
tion payments, may be granted sick leave pay for the amount of the difference
between Workers Compensation payments and his salary. Sick leave with pay shall
be accrued by all permanent and 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 periods. Sick leave shall be
accumulated to a maximum of-: one hundred twenty 020.) days.
ARTICLE XIX SICK LEAVE BANK
19.1 After any member of the department accrues sick leave to the maximum allowed,
all sick leave- over the maximum will be tabulated and credited to a sick leave
bank list, which will be kept on file in the City offices.
19!.2 A committee, consisting of the City Manager and two members of the Fire
• Department shall be created and before any member of the Department can use
any of the sick leave from the bank, he must have the approval of the com-
mittee. Under no circumstances shall anyone be allowed use from the bank
until their accrued sick leave has been used. The committee shall have the
authority to approve or deny use of the banked sick leave and to specify how
many days may be used by the requesting employee.
19.3 Any one employee shall not be able to use over two-thirds of the balance of
time in the"bank during any one year.
19.4 The City shall credit the bank each January 1st, when necessary, to keep the
bank balance at thirty days until such time as the employees have made con-
tributions to the bank in excess of thirty days.
19. 5 Employees will not be allowed to withdraw from the bank until their six
month probationary period has been completed.
The sick leave bank shall be discontinued if the City institutes a long term
disability program for the members of the Department.
ARTICLE XX PAID HOLIDAYS
All permanent and probationary employees shall observe the following eleven ( 11 ) -
paid holidays each year:
New Years Day Good Friday
Labor Day Memorial Day
(� Thanksgiving Day Independence Day,
Friday following Thanksgiving Columbus Day
Christmas DayPresidents Day
,Veteans Day
These holidays may be taken off or extra pay (.calculated as 10 percent. of the
regular bi-weekly salary), at the option of the employee unless the EMPLOYER
cannot cover the shift without the employee who is requesting time off for the
holiday.
ARTICLE XXI FUNERAL LEAVE
In the event of death of an employee' s spouse, children, or employee or spouses'
parents, the employee will be granted three 01 days funeral leave, with pay. In
the event of an employee' s or his spouse' s grandparents, brothers, sisters, an
employee will be granted one 0 ) day' s funeral leave with pay.
ARTICLE XXII IN SERVICE TRAINING
Training will be carried out whenever possible during the regular work day. If,
in the opinion of the EMPLOYER, it is necessary for the employee to return for
�• a specialized training program that cannot be held during the regular work day,
the employee shall be compensated at straight time.
ARTICLE XXIII HOSPITAL AND GROUP INSURANCE
The EMPLOYER will pay up to $180.00 in 1986 per employee per month for employees
group surgical/medical and $10,000 life insurance policies and dependents surgical/
medical group insurance policy.
ARTICLE XXIV WORK WEEK
The sole authority in work schedules lies with the EMPLOYER. The normal work week
shall be fifty-six ( 56) hours.
ARTICLE XXV SHIFT CHANGE
Employees may exchange duty shifts with another employee provided that such exchange
does not subject the EMPLOYER to liability for additional overtime compensation by
• virtue of such trading of duty shifts.
The employee desiring the exchange shall request and receive approval of the Chief
or Assistant Chief who must determine that the exchange will not be detrimental to
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the work program of the EMPLOYER. Notification and approval of the supervisor must
• be obtained not less than 48 hours prior to the scheduled duty shift to be
exchanged.
ARTICLE XXVI LONGEVITY
Employees with the required service credit shall receive longevity pay according
to the following:
After seven years -- $50.00 per month..
ARTICLE XXVII NON-DISCRIMINATION CLAUSE
The provisions of the 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.
ARTICLE XXVIII DURATION
This AGREEMENT shall be eff ecti.Ve as of January 1 , 1986 and shall remain in full
force and effect until December 31 , 1986.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT o.n this
day of , 1986.
FOR THE CITY OF ST. ANTHONY FOR TEAMSTERS LOCAL #320
Mayo
hax_t C. I y ) ,
City Manager