HomeMy WebLinkAboutRES 88-025 RESOLUTION RATIFYING THE 1988-89 AGREEMENT BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320, REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY Meeting Sheet
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101605
Box: 21
Folder: RES 1988
Document: RES 88-025 RESOLUTION RATIFYING THE 1988-89
AGREEMENT BETWEEN THE CIN AND TEAMSTERS LOCAL NO. 3201
REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CIN
RESOLUTION 88-025
A RESOLUTION RATIFYING THE 1988-89 AGREEMENT
BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320,
REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT
AND AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
BE IT RESOLVED, that the 1988-89 Agreement between Teamsters
Local 320 , representing the St. Anthony Fire Department 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 6 day of Jr_ne , 1988.
may6r /
ATTEST:
City Clerk
Reviewed for administration: �
C ryy Manager
1 �
LABOR
n • RLJ�C��L�1W''1�L�B'EN
J.� LI�i�LJE
THE CITY OF Sr. ANTHONY
AND
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT
EMPIDYEES UNION, LOCAL NO. 320
ARTICLE I PURPOSE OF AGREEMENT
This A3REEMENT is entered into as of January 1, 1988, between the City of
St. Anthony, hereinafter called the ENKDYER, 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 morning
this AGREEMENT'S interpretation and/or application; and
1.3 Place in written form the parties' agreement upon terns and oondi-
• tions of employment for the duration of this AGREENERr.
The EMPI DYER and the UNION, through this AM EE MU, shall continue their
dedication to the highest quality service and protection to the residents
of St. Anthony. Both parties recognize this AGREEMERr as a pledge of
this dedication.
ARTICLE II REOOGNITION
2.1 The EMPI DYER recognized, UNION as the exclusive representative,
under Minnesota Statutes, A00ttion 179.71, Subdivision 3, for all
fire personnel in the follo" job classifications:
Firefighter; Captain.
2.2 In the event the EMPLC)YER and the UNION are unable to agree as to
the inclusion or exclusion of a new or modified job class, the
issue shall be sutanitted to the Bureau of Mediation Services for
determination.
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• 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.
3.3 Emglovee: A member of the exclusively recognized bargaining unit.
3.4 Department: The St. Anthony Fire Department.
3.5 Enployer: 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
Un on f local #320.
ARTICLE IV EMPLOYER SECURITY
The UNION agreed that during the life of this AMEME U it will not
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 AGREEMENr shall remain solely within the dis-
cretion of the EMPLOYER to modify, establish, or eliminate.
ARTICLE VI UNION SECURITY
6.1 The EMPLOYER shall deduct from the wages of employees who author-
ize 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.
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• 6.3 The EMPLOYER shall make space available on the employee bulletin
board for the posting of UNION notice(s) 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.
ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 Definition of a Grievance: A grievance is defined as a dispute or
disagreement as to the interpretation or application of the
- specific terns and conditions of this AGREEMENT.
7.2 Union Representatives: The EMPLOYER will recognize representa-
tives, 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 responsi-
bilities 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 deter-
mined 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 conformance with the following procedure:
Step 1. An employee claiming a violation, concerning the inter-
pretation or application of this AGREEMENT shall, within twenty-
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• one (21) calendar days after such alleged violation has occurred,
present such grievance to the Employee's supervisor, as design-
ated 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, set-
ting forth the nature of the grievance, the facts on which it is
based, the provision or provisions of the AGREDMU allegedly
violated, the remedy requested and shall be appealed to Step 2
within ten (10) calendar days after the ENpIAYER-designated re-
presentative'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 repre-
sentative 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 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 re-
presentative. The EWMYER-designated representative shall give
the UNION the EMP'LOYER'S answer in writing within ten (10) calen-
dar 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 con-
sidered 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 Arbitration of Griev-
ances", 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 AGRERMU. The Arbitrator shall consider and decide
only the specific issue(s) submitted in writing by the
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• ENIWYER 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 con-
trary 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
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
Et�IAYER 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.
C. The fees and expenses for the Arbitrator's services and pro-
ceedings shall be borne equally by the EMPLOYER and the
UNION, provided that each party shall be responsible for
• compensating its own representatives and witnesses. 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 EMP'LOYER'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.
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• ARTICLE VIII SAVINGS CLAUSE
This ACzREEMERI' is subject to the laws of the United States, the State of
Minnesota and the City of St. Anthony Ordinances. In the event any of.
this AGREEMERT shall be held to be contrary to law by a court of
Ment jurisdiction froom whose final judgement 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 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 continu-
ous employment with the Fire Department and posted in an appro-
priate 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 proba-
tionary period. The employee shall be certified after that time
• unless in the opinion of the Fire Chief, additional training is
necessary before certification. 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.
9.2 During the probationary period a newly hired or re-hired employee
may be discharged 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.
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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 EMRDYER will discipline employees for just cause only. Dis-
cipline will be in the form of:
A. oral reprimand;
B. written reprimand;
C. suspension;
D. demotion; or
E. discharge.
10.2 Suspensions, demotions and dischargeswill- be in written form.
10.3 written reprimands, notices of suspension and notices of discharge
which are to become a 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 EMPIAYER.
• 10.5 Discharges will be preceded by a five (5) day suspension without
lay
10.6 Employees will not be questioned concerning an investigation of
disciplinary action unless the employee has been given an oppor-
tunity 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 period, the grievance
may be appealed to Step 4 of Article VII or a procedure such as
Veterans Preference or Fair Employment. If appealed to any pro-
cedure other than Step 4 of Article VII, the grievance is not
subject to arbitration procedure as provided in Step 4 of Article
VII.
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• ARTICLE XI CONSI'ITCFI'ION PRaTEMON
Employees shall have the riots 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, 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 (MONIRMY)
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 (1-1/2) 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 Monthly Hourly
1988 1989 1988 1989
After three years 2,589 2,680 (100%) 10.39 10.75
After two years 2,524 2,613 (97.5%) 10.13 10.49
After one year 2,460 2,546 (95%) 9.87 10.22
After six months 2,395 2,479 (92.5%) 9.61 9.95
Start 2,330 2,412 (90%) 9.35 9.68
Capta. 2,701 2,796 10.84 11.22
Firefighters working out of classification (Captain) will 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.
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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 employees are off duty shall be voluntary for those
employees. If, in the opinion of the ENP'LOYER, 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 one and
one-half the hourly rate.
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 (10) 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.
A MCLE XV CLOTHING ALLOWANCE
All Fire Department employees shall be allowed $230.00 per year clothing
allowance. 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 — 192 hours
After ten years of completed service — 240 hours
• After fifteen years of completed service — 288 hours
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• A shift for 56 hour average duty week employees is 24 hours.
B. Those hired as full time before June 24, 1980 shall receive 360
hours per year vacation.
40 Hour Average Duty Week loyees
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 written notice 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 splits his vacation time, he shall be given preference on the
basis of seniority for only the first request 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:
•
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• 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 = Severance pay per
122 shift
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 certificate 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 Compensation 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 (120) days.
ARTICLE XIX SICK DAVE BANK
19.1 After any member of the department accrues sick leave to the
maximum allowed, all sick leave over the maximum will be tabu-
lated 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 committee. 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
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• 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 contributions 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 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 Day Presidents Day
Veterans Day
These holidays may be taken off or employee may receive extra pay
(calculated as annual salary divided by 244 for each day) 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 the death of an employee's spouse, children, or employee
or spouses' parents, the employee will be granted three (3) days funeral
leave, with pay not deducted from accrued sick leave. In the event of an
employee's or his spouse's grandparents, brothers, sisters, an employee
will be granted one (1) day's funeral leave with pay.
• ARTICLE XXII HOSPITAL AND CROUP INSURANCE
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ARTICLE XXII HOSPITAL AND GROUP INSURANCE
• The EMPLOYER will pay up to $195.00 in 1988 and $205.00 in 1989 per
employee per month for employees group surgical/medical and $10,000 life
insurance policies and dependents surgical/medical group insurance
policy.
ARTICLE XXIII WORK WEEK
The sole authority in work schedules lies with the EMPLOYER. The normal
work week shall be fifty-six (56) hours.
ARTICLE XXIV SHIFT CHANGE
Employees may exchange duty shifts with another employee provide 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 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 XXV LONGEVITY
Employees with the required service credit shall receive longevity pay
according to the following:
After seven years -- $50.00 per month
ARTICLE XXVI NON-DISCRIlMINATION CLAUSE
The provisions of the ALRffiMENT 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 XXVII DURATION
This AG EE 4T shall be effective as of January 1, 1988 and shall remain
in full force and effect until December 31, 1989.
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• IN WITNESS WHEREOF, the parties hereto have executed this AGRMIENT on
this day .of , 19
FOR THE CITY OF ST. ANTHONY FOR TEAMSTERS LOCAL #320
Mayor
City Manager
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