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HomeMy WebLinkAboutRES 87-013 RESOLUTION RATIFYING THE AMENDMENTS TO THE 1987 AGREEMENT BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION, REPRESENTING THE CITY OF ST. ANTHONY, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 AND AUTHORIZING THE MAYOR AND CIT Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iozaaa Box: 23 Folder: RES 1987 Document: RES 87-013 RESOLUTION RATIFYING THE AMENDMENTS TO THE 1987 AGREEMENT BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION, REPRESENTING THE CIN OF ST. ANTHONY, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 AND AUTHORIZING THE MAYOR AND CIT RESOLUTION 87-013. A RESOLUTION RATIFYING THE AMENDMENTS TO THE 1987 AGREEMENT BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION, REPRESENTING THE CITY OF ST. ANTHONY, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY BE IT RESOLVED that the Amendments to the 1987 Agreement between the Metropolitan Area Management Association, representing the City of St. Anthony, and the International Union of Operating Engineers, Local 49 are hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. Adopted this a day of I ' n 'Cl' 1987 . May r rj ATTEST: City Clerk Reviewed for administration: � City Manager r J 1 1 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 Woodbury AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS ( IUOE) LOCAL NO. 49 , AFL-CIO JANUARY 1 , 1987 - DECEMBER 31 , 1989 • LABOR- AGREEMENT BETWEEN THE CITY OF 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 I employment; 1. 2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or j aPPli•cation;. 1.3 Specify 'the full and complete understanding of the parties; and - - . - . _ . ._. . __.. ._ _.. ._ .--_- _ - _ - •, - - -. ...i �_ . 1.4 Place in written form the parties' agreement upon terms and a 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 .L , parties recognize this AGREEMENT as a pledge of this dedication. i . tib -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, slow down, 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 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 not 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 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 on 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 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. 4.9, 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 • 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 circumstances such as ( but not limited to) fire, flood , snow, • s.leet, 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- • 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 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 recall rights. -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. 1.8 .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 seventy-five dollars ($175.00 ) per month per employee for group health and life insurance including dependent coverage for calendar 1987. 19.2 The subject of insurance(s) will be open for negotiations beginning with the 1988 and 1989 contract years. 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- • ARTICLE XXI WAIVER 21 . 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. 21 .2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited rig-ht 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 1987 through the last payroll period in 1987: MAINTENANCE III . . . . . . . . . . $ 12.60 per hour MAINTENANCE II . . . . . . . . . . 12. 10 per hour MAINTENANCE I . . . . . . . . . . . 8.72 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 , 1934 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 : Backhoe - Under 15 ' Reach Blacktop Paver Bobcat - Bombardier or MT Trackless Boom Truck Boom Truck - 30 ' and Over Brush Chipper Cement Mixer Chip Spreader/Self-Propelled Crawler Tractor - Under 50 H. P. Loader - 1 Yd . or More Loader , Front-End , 4 WD - 1 Yd . to 2.5 Yds. Oil Distributor Paint Striper - Truck Mounted • Rollers (steel and rubber) Over 6 Ton Rollers - 6 Ton and Over Sewer Cleaner , Hydraulic and Vacuum Steam Boiler Street Sweepers - Pickup Type Tandems Tree Spade Trucks - 10 Ton , 4WD Trucks - Single-Axle Over 24 ,000 GVW Any vehicle requiring a State of Minnesota "Class B" Operators License 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- APPENDIX B 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 , 1987 and terminating on December 31 , 1989. 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. 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