HomeMy WebLinkAboutCC RES 90-016 RESOLUTION RATIFYING THE 1990 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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103666
o Box: 26
Folder: RES 1990
Document: CC RES 90-016 RESOLUTION RATIFYING THE 1990
AGREEMENT BETWEEN THE CIN AND TEAMSTERS LOCAL NO. 3201
REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND
AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
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RESOLUTION 90-016
A RESOLUTION RATIFYING THE 1990 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 1990 Agreement between Teamsters Local
320, representing the St. Anthony Fire Department and the City
is hereby ratified and the Mayor Pro Tem and City Manager are
authorized to execute the Agreement on behalf of the City.
Adopted this day of A4rti 1990.
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Mayor Pro Tem
ATTEST: J .
City clerk
Reviewed for administration: �-
City Manager
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LABOR AGREEMENT
BETWEEN
THE CITY OF ST. ANTHONY
AND
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES UNION, LOCAL NO. 320
ARTICLE I. PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of January 1, 1990, 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 AGREE-
MENT as a pledge of this dedication.
ARTICLE II. RECOGNITION
2 . 1 The EMPLOYER recognizes the UNION as the exclusive repre-
sentative, under Minnesota Statutes, Section 179A. 03,
Subdivision 14, for all fire personnel in the following
job classifications:
Firefighters; 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.
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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 Eavloyee: A member of the exclusively recognized bargaining unit.
3.4 Dgpar went: 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 LV EMPLOYER SECiR rN
The UNION agreed that during the life of this AGREEMENT 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 ACS shall remain solely within the dis-
cretion of the EMPLOYER to modify, establish, or eliminate.
ARTICLE VI UNION SECURrIY
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 EKWYER, 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 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.
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 terms 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 = Grievances, as defined by Section 7.1, shall be
resolved in conformance with the following procedure:
Men 1. An employee claiming a violation, morning 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 EKPLOYER-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 AGREUMU allegedly
violated, the remedy requested and shall be appealed to Step 2
within ten (10) calendar days after the EMPLOYER-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 EMPLOYER-designated representative shall give
the UNION the EMPLOYER'S answer in writing within ten (10) calen-
dar days after receipt of such Step 3 grievance. A grievance
not resolved in Step 3 nay 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:
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A. The Arbitrator shall have no right to amend, modify, nullify,
ignore, add to, or subtract from the terms and conditions of
this AGREEMERr. The Arbitrator shall consider and decide
only the specific issue(s) submitted in writing by the
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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 con'L
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
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.
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 EMPLOYERIIS 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 AGREEMEW 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 AaRmogr shall be held to be contrary to law by a court of
Ment jurisdiction from 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 AGREEMETr 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. 1Ihe 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 Match 15th of each calendar year.
ARTICLE X DISCIPLINE
10.1 The EMPLOYER will discipline employees for just cause only. . DiE=
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 discharges will 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 EMPLOYER.
10.5 Discharges will be preceded by a five (5) day suspension without
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pay.
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 EgM@Qy: 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 Preferenoe or Fair Employment. If appealed to any pro-
oedure 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. CONSTITUTION 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 regular scheduled
shift. Changes of shifts do not qualify an em-
ployee 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, over-
time hours worked shall not be pyramided, compounded or
paid twice for the same hours worked.
11.5 Overtime will be calculated to the 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 (1-1/2) times the hourly rate in
according with the Federal Fair Labor Standards Act. Based on the
foregoing, monthly salary for firefighter and captain shall be as
follows:
FIREFIGHTERS MONTHLY HOURLY
After three years $2,787 $11. 18
After two years $2,718 $10.91
After one year $2,648 $10.63
After six months $2,578 $10.31
Start $2,508 $10.07
CAPTAIN $2,908 $11. 67
Firefighters working out of classification (Captain) will receive
Five Dollars ($5.00) additional per shift where such out of classi-
fication 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 enployees are off duty shall be voluntary for those
employees. 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 one and
one-half the hourly rate.
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ARTICLE XIV SYSTEM OF PRCMOlZON
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.
ARTICLE XV CLarHING AL,LOWMCE
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 Averagg Duty Week Ertwloyees
A. Those hired as full time after June 24, 1980: .
After six months of completed service — 72 hours
After one year of omnpleted service — 144 hours
After five years of completed service — 192 hours
After ten years of.ccmpleted 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. IL
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 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 ?east
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 No Shifts of Severance Pay
• 30 - 49 3
50 - 79 5
80 - 99 7
100 - 110 11
111 - 120 15 (maximtnn)
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 r
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 LEAVE BANK
19.1 After any member of the department accrues sick leave to the
maximum allowed, all sick leave aver 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-ccamnittee. Under no circumstances
shall anyom 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 Thanksgiling Columbus Day
Christmas Day Presidents Day
Veterans Dray
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 spou`-es' 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 MD CWIP INSURANCE
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• ARTICLE XXII. HOSPITAL AND GROUP INSURANCE
The EMPLOYER will pay up to $215.00 in 1990 per employee per month
for employees group surgical/medical and $10, 000 life insurance
policies and dependents surgical/medical group insurance policy.
ARTICLE XXIII. WORK WEEK
The sole authority in working schedules lies with the EMPLOYER.
The normal work week shall be fifty-six (56) hours.
ARTICLE XXIV. SHIFT CHANGE
Employees may exchange duty shifts with another employee provide
that such exchange does not subject the EMPLOYER to liability for
additional overtime compensation by virtue of such trading of$ duty
shifts. The employee desiring the exchange shall request and
receive approval of the Chief of 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-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 XXVII. DURATION
This AGREEMENT shall be effective as of January 1, 1990 and shall
remain in full force and effect until December 31, 1990.
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IN WITNESS WHEREOF, the parties hereto//have executed this
AGREEMENT on this ��' day of
1990.
FOR THE CITY OF ST. THONY Z-TEAMSTERS LOCAL NOS. 320
Mayor Pro Tem Business Oent
:;;� :0�� aa
City Manager -o a and
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