HomeMy WebLinkAboutCC RES 90-024 RESOLUTION RATIFYING THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 Meeting Sheet
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103674
Box: 26
Folder: RES 1990
Document: CC RES 90-024 RESOLUTION RATIFYING THE AGREEMENT
BETWEEN THE CIN OF ST. ANTHONY AND THE INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL 49
CITY OF ST. ANTHONY
RESOLUTION 90-024
A RESOLUTION RATIFYING THE AGREEMENT BETWEEN
THE CITY OF ST. ANTHONY AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
BE IT RESOLVED, that the Mayor and City Manager are
hereby authorized to execute the agreement
between the City of St. Anthony and the
International Union of Operating Engineers
(IUOE) , Local 49, AFL-CIO, for the year 1990.
Adopted this day of , 1990.
•
Mayor
ATTEST:
City Cleik
Reviewed for Administration:
City anager
•
LABOR AGREEMENT
BETWEEN
CITY OF ST. ANTHONY
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
• AFL-CIO
JANUARY 1 , 1990 THROUGH DECEMBER 31 , 1990
TABLE OF CONTENTS
• ARTICLE PAGE
I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
II RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
III UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
V EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . 3
VII DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
X OVERTIME PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XI CALL BACK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XIV DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XV SENIORITY . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
XVII SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XVIII JOB POSTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XIX INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XX SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXI INJURY ON DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXII FUNERAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
XXIII LEAVE OF ABSENCE (Jury Duty) . . . . . . . . . . . . . . . . . . . . . . . 15
XXIV VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
XXV HOLIDAYS 16
XXVI RELIEF PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
XXVII LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
XXVIII WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
XXIX MAINTENANCE 1 TO MAINTENANCE 2 RATIO . . . . . . . . . . . . . . . 18
XXX NON-DISCRIMINATION CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . 18
XXXI SEVERANCE PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
XXXII WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
XXXIII DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
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LABOR AGREEMENT
BETWEEN
THE CITY OF ST . ANTHONY
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 49,
AFL-CIO
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of St . Anthony
hereinafter called the EMPLOYER , and Local No. 49 , International
Union of Operating Engineers , AFL-CIO, hereinafter called the
UNION.
The intent and purpose of this AGREEMENT is to:
1 . 1 Establish certain hours , wages, and other conditions of employment ;
1 . 2 Establish procedures for the resolution of disputes concerning this
AGREEMENT ' S interpretation and/or application;
1 . 3 Specify the full and complete understanding of the parties; and
1 . 4 Place in written form the parties ' agreement upon terms and
conditions of employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue
their dedication to the highest quality of public service . Both
parties recognize this AGREEMENT as a pledge of this dedication.
ARTICLE II RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative
for all employees in the job classifications listed in Appendix A who
are public employees within the meaning of Minn. Stat . 179A. 03 ,
Subdivision 14 excluding supervisory , confidential and all other
employees.
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A
ARTICLE III UNION SECURITY
In recognition of the UNION as the exclusive representative the
• EMPLOYER shall :
3 . 1 Deduct each payroll period an amount sufficient to provide the
payment of dues established by the UNION from the wages of all
employees authorizing in writing such deduction; and
3 . 2 Remit such deduction to the appropriate designated officer of
the UNION.
3 . 3 The UNION may designate certain employees from the bargaining
unit to act as stewards and shall inform the EMPLOYER in
writing of such choice.
3 . 4 The UNION agrees to indemnify and hold the EMPLOYER harmless
against any and all claims , suits , orders , or judgments
brought or issued against the City as a result of any action
taken or not taken by the City under the provisions of this
Article .
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 .
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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.
6 . 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 .
6 . 3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that
�. the processing of grievances as hereinafter provided is limited
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by the job duties and responsibilities of the EMPLOYEES and
shall therefore be accomplished during normal working hours
• only when consistent with such EMPLOYEE duties and responsibilities.
The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be
allowed a reasonable amount of time without loss in pay when a
grievance is investigated and presented to the EMPLOYER during
normal working hours provided the EMPLOYEE and the UNION
REPRESENTATIVE have notified and received the approval of the
designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs of
the EMPLOYER .
6 . 4 PROCEDURE
Grievances , as defined by Section 6 . 1 , shall be resolved in
conformance with the following procedure :
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 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 .
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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 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
10 not resolved in Step 3 may be appealed to Step 4 within ten ( 10 )
calendar days following the EMPLOYER-designated representative ' s
final answer in Step 3 . Any grievance not appealed in writing to
Step 4 by the UNION within ten ( 10 ) calendar days shall be
considered waived .
Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall
be submitted to the Minnesota Bureau of Mediation Services . A
grievance not resolved in Step 4 may be appealed to Step 5 within
ten ( 10 ) calendar days following the EMPLOYER ' S final answer in
Step 4. Any grievance not appealed in writing to Step 5 by the
UNION within ten ( 10 ) calendar days shall be considered waived .
Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall
be submitted to arbitration subject to the provisions of the Public
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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 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 .
C. The fees and expenses for the arbitrator ' s services and
proceedings shall be borne equally by the EMPLOYER and the UNION
provided that each party shall be responsible for compensating its
own representatives and witnesses. If either party desires a
verbatim record of the proceedings, it may cause such a record to
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be made , providing it pays for the record . If both parties desire
a verbatim record of the proceedings the cost shall be shared
• equally.
6 .6 WAIVER
If a grievance is not presented within the time limits set forth
above , it shall be considered "waived . " If a grievance 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
agreement of the EMPLOYER and the UNION.
6 . 7 CHOICE OF REMEDY
If, as a result of the EMPLOYER response in Step 4 , 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 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 VI 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
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aggrieved employee from making a subsequent appeal through
Step 5 of ARTICLE VI .
• ARTICLE VII DEFINITIONS
7. 1 UNION: The International Union of Operating Engineers ,
Local No. 49, AFL-CIO.
7. 2 EMPLOYER: The City of St. Anthony.
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
by this AGREEMENT shall have their seniority calculated on
their length of service under this AGREEMENT for purposes of
promotion , transfer and lay off and total length of service
with the EMPLOYER for other benefits under this AGREEMENT.
7 . 7 SEVERANCE PAY: Payment made to an employee upon honorable
termination of employment .
7. 8 OVERTIME: Work performed at the express authorization of the
EMPLOYER in excess of either eight (8 ) hours within a
twenty-four (24 ) hour period (except for shift changes ) or
more than forty (40 ) hours within a seven ( 7) day period .
7 . 9 CALL BACK: Return of an employee to a specified work site to
perform assigned duties at the express authorization of the
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EMPLOYER at a time other than an assigned shift . An
extension of or early report to an assigned shift is not a
call back.
ARTICLE VIII SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States ,
the State of Minnesota , and the signed municipality. In the event
any provision of this AGREEMENT shall be held to be contrary to
law by a court of competent jurisdiction from whose final judgment
or decree no appeal has been taken within the time provided , such
provision shall be voided . All other provisions of this AGREEMENT
shall continue in full force and effect . The voided provision may
be renegotiated at the request of either party.
ARTICLE IX WORK SCHEDULES
9 . 1 The sole authority in 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 7 : 00 - 3 : 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,
sleet , or breakdown of municipal equipment or facilities , no
advance notice need be given. It is not required that an
employee working other than the normal work day be scheduled to
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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.
ARTICLE X OVERTIME PAY
10. 1 Hours worked in excess of eight (8 ) hours within a twenty-four
(24 ) hour period (except for shift changes ) or more than forty
(40 ) hours within a seven (7 ) day period will be compensated
for at one and one-half ( 1- 1/2 ) times the employee ' s regular base
pay rate.
10. 2 Overtime will be distributed as equally as practicable .
10 . 3 Overtime refused by employees will for record purposes under
ARTICLE 10. 2 be considered as unpaid overtime worked.
10. 4 For the purpose of computing overtime compensation , overtime
hours worked shall not be pyramided , compounded , or paid twice
for the same hours worked .
ARTICLE XI CALL BACK/STAND-BY DUTY
CALL BACK : An employee called in for work at a time other than
the employee ' s normal scheduled shift will be compensated for a minimum
of two (2 ) hours ' pay at one and one-half ( 1-1/2) times the employee ' s
base pay rate .
STAND-BY DUTY : Employees who are required to be on stand-by
duty on Saturdays , Sundays, or Holidays shall be compensated for
such stand-by assignment at the rate of three (3 ) hours overtime pay
for each day. Stand-by duty shall include a routine check of pumps
and other City facilities such as lift stations , filter plant and
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booster station. Any additional work required of the employee other
than the routine pump check and check of other facilities shall be
• compensated in the amount specified by ARTICLE X OVERTIME PAY.
However , an employee who has completed the assigned stand-by duty and
is called back to the City for additional work shall be compensated
in the amount specified for call back duty within this Article .
ARTICLE XII LEGAL DEFENSE
12. 1 Employees involved in litigation because of negligence ,
ignorance of laws, non-obserance of laws , or as a result of
employee judgmental decision may not receive legal defense
by the municipality.
12. 2 Any employee who is charged with a traffic violation, ordinance
violation or criminal offense arising from acts 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
14 . 1 The EMPLOYER will discipline employees only for just cause.
14 . 2 An employee (s) will not be required to participate in an
investigatory interview by the EMPLOYER where information gained
from the interview could lead to the discipline of the employee (s)
unless the employee (s) is given the opportunity to have a third
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party present at the interview to act as a witness for the
employee (s ) .
• 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.
15 . 3 No permanent employee shall be laid off while any temporary
employee (defined as an employee with less than 6 months
consecutive service ) is on the payroll .
ARTICLE XVI PROBATIONARY PERIODS
16 . 1 All newly hired or rehired employees will serve a six (6) months '
probationary period .
16 . 2 All employees will serve a six (6 ) months ' probationary period in
any job classification in which the employee has not served
a probationary period .
16 . 3 At any time during the probationary period a newly hired or
rehired employee may be terminated at the sole discretion of
the EMPLOYER.
16 . 4 At any time during the probationary period a promoted or
reassigned employee may be demoted or reassigned to the
employee ' s previous position at the sole discretion of the
• EMPLOYER.
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ARTICLE XVII SAFETY
The EMPLOYER and the UNION agree to jointly promote safe and
• healthful working conditions , to cooperate in safety matters and to
encourage employees to work in a safe manner.
ARTICLE XVIII JOB POSTING
18 . 1 The EMPLOYER and the UNION agree that permanent job vacancies
within the designated bargaining unit shall be filled based on
the concept of promotion from within provided that applicants:
18 . 11 have the necessary qualifications to meet the standards of
the job vacancy; and
18. 12 have the ability to perform the duties and responsibilities
of the job vacancy.
18 . 2 Employees filling a higher job class based on the provisions of
this ARTICLE shall be subject to the conditions of ARTICLE XVI
(PROBATIONARY PERIOD) .
18 . 3 The EMPLOYER has the right of final decision in the selection of
employees to fill posted jobs based on qualifications , abilities
and experience.
18. 4 Job vacancies within the designated bargaining unit will be
posted for five (5) working days so that members of the bargaining
unit can be considered for such vacancies.
ARTICLE XIX INSURANCE
19 . 1 The EMPLOYER will contribute up to a maximum of two hundred five
dollars ($205 . 00 ) per month per employee for group health and
life insurance including dependent coverage for calendar year
1990. By mutual agreement employees may use fifteen dollars
($15. 00 ) of the per month per employee of health insurance
• dollars for dental insurance for all unit employees.
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19. 2 Employees not choosing dependent coverage cannot be covered at
EMPLOYER expense for any additional insurance than the individual
• group health and group life insurance . Additional life insurance
can be purchased by employees at the employee 's expense to the
extent allowed under the EMPLOYER ' S group policy.
19 . 3 Individual employees may provide for an increased EMPLOYER
contribution for insurances over that amount stipulated by 19. 17
by lowering their salary from the rates stipulated in APPENDIX A
to provide for an increased EMPLOYER contribution which will fully
pay for the employee 's health , life , and dental insurance ,
including dependent coverage .
ARTICLE XX SICK LEAVE
20. 1 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 period .
Sick leave shall be accumulative to a maximum of one hundred
twenty ( 120 ) days.
20. 2 The EMPLOYER may, at his discretion , require a doctor ' s
certificate showing the nature and extent of any injury or
illness.
20. 3 A permanent employee who meets the other requirements of this
section , who is receiving Workman ' s Compensation payments , may
be granted sick leave pay for the amount of difference between the
Workman ' s Compensation payments and his salary to the extent that
he has accrued sick leave.
20. 4 Sick leave shall be granted when necessary for personal illness ,
injury or illness.
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20 . 5 The EMPLOYER will provide two (2) additional days of vacation
leave for any employee who completes twelve ( 12 ) months without
• using sick leave .
ARTICLE XXI INJURY ON DUTY
21 . 1 Definition : An injury , illness or other disabling condition which
prevents the employee from performing regularly assigned job
duties and which was suffered or directly caused as a result of
or in the course of, regular, assigned , job duties. The
determination of whether the injury , illness or other disabling
condition prevents the employee from performing regularly assigned
job duties shall be made by licensed physician (s) .
21 . 2 There shall be a ten day waiting period before the I . O. D.
benefit commences during which the employee can use sick leave .
21 . 3 Starting the 11th through the 40th work day, the City will pay
I .O. D. pay equal to regular salary (base ) .
• 21 . 4 All Workman ' s Compensation benefits must be paid to the City as a
"buy back" of used sick leave or to reimburse the City for the
I . O. D. benefits .
ARTICLE XXII FUNERAL LEAVE
22. 1 In the event of the death of an employee ' s spouse , children ,
parents, brother or sister, or employee ' s spouses parents , the
employee will be granted three (3 ) days of funeral leave with
pay. In the event of the death of an employee ' s grandparents ,
or spouse ' s grandparent , brother or sister, an employee will be
granted one ( 1 ) day ' s funeral leave with pay.
ARTICLE XXIII LEAVE OF ABSENCE
23 . 1 Employees subpoenaed as witnesses , or called and selected for jury
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duty shall receive their regular compensation less jury pay.
Mileage allowance not to be considered as jury pay. Employees
• must report back to work if their jury duty or witness obligations
allow them to do so within the scope of the regular work day hours.
ARTICLE XXIV VACATION
24. 1 Each permanent or probationary full time employee shall accrue
paid vacation leave at the rate of five-sixths (5/6 ' s) day for
each month of service during the first five (5 ) years of employment
(total of ten days ) . During the sixth (6th ) through the
fifteenth ( 15th ) year , a total of fifteen ( 15 ) days vacation
leave per year shall be granted ; during the sixteenth ( 16th ) year
and thereafter, a total of twenty (20 ) days per year vacation
leave shall be granted .
24. 2 Total accrual shall be limited to thirty (30 ) days, unless further
accrual is approved by the EMPLOYER .
• 24. 3 No vacation leave shall be granted during the initial probationary
period , but if an employee satisfactorily completes the
probationary period , vacation leave accrued during the initial
probationary period shall be granted.
24. 4 Vacation leave may be used as earned provided that the EMPLOYER
has final approval of the time at which each employee may take
his vacation , giving preference to the senior employee ' s requests.
ARTICLE XXV HOLIDAYS
25. 1 All permanent and probationary employees shall observe the
following twelve ( 12 ) paid holidays each year:
1 ) New Year ' s Day - January 1
2 ) Martin Luther King Day - the third Monday in January
3 ) Washington ' s & Lincoln ' s Birthday - the third Monday in
February
• 4 ) Good Friday - The Friday preceding the Sunday Easter Holiday
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5 ) Memorial Day - the last Monday in May
6 ) Independence Day - July 4.
7 ) Labor Day - the first Monday in September
8 ) Christopher Columbus Day - the second Monday in October
• 9 ) Veteran ' s Day - November 11 .
10 ) Thanksgiving Day - The fourth Thursday in November
11 ) Friday Following Thanksgiving Day
12 ) Christmas Day - December 25
When an above named holiday falls on a Sunday, it shall be
observed on the following Monday. If such holiday falls on a
Saturday , the preceding Friday is a holiday.
An employee required to work on a holiday shall receive pay at
one and one-half ( 1-1/2 ) times the base pay rate in addition
to the regular holiday pay allotted .
ARTICLE XXVI RELIEF PERIODS
26 . 1 All employees will be allowed two (2) work relief periods a day
not to exceed fifteen ( 15 ) minutes in the forenoon and fifteen
( 15 ) minutes in the afternoon.
•
ARTICLE XXVII LONGEVITY
27. 1 The EMPLOYER will pay , in addition to regular wages , an
additional payment of $ 15. 00 per man per month for employees
with at least five (5 ) years of service and $30. 00 per man per
month for employees with at least ten ( 10 ) years of service with
the department . Such payments are to be made starting the month
after an employee becomes a five (5) or ten ( 10 ) year employee .
27 . 2 The longevity benefit will not be granted to any employee hired
after March 1 , 1978.
• - 17-
ARTICLE XXVIII WAGES
28. 1 Qualified employees will be paid the H. E. O. rate in whole hour
• increments for time worked on designated Heavy Equipment .
However, employees must work at least 31 minutes in each and
every given hour on said designated Heavy Equipment in order
to be credited with a whole hour increment and thus the pay
differential.
28. 2 Employees shall be paid every two weeks on alternate Wednesdays.
When a pay day falls in a week where a holiday off is given ,
employees shall receive their pay on the third working day of
that week .
ARTICLE XXIX MAINTENANCE 1 TO MAINTENANCE 2 RATIO
29 . 1 City agrees that not less than 50% of total employees in
Maintenance 1 and 2 categories will be in the Maintenance 2
category. If a vacancy in a Maintenance 1 or 2 position becomes
• available , the City will evaluate and promote a Maintenance 1
employee to Maintenance 2 , in accordance with this provision ,
within 6 months of refilling the vacant position . In the event
that the City does not refill the vacancy, this provision shall
not apply.
ARTICLE XXX 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 XXXI SEVERANCE PAY
• Severance pay will be made in accordance with Section 135: 45 C. of
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the St . Anthony Personnel Policy.
• ARTICLE XXXII WAIVER
32. 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 .
32 . 2 The parties mutually acknolwedge that during the negotiations
which resulted in this AGREEMENT, each had the unlimited right
and opportunity to make demands and proposals with respect to
any terms or conditions 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 .
ARTICLE XXXIII DURATION
This AGREEMENT shall be effective as of January 1 , 1990 and
shall remain in full force and effect utnil the 31st day of
December, 1990.
IN WITNESS WHEREOF , the parties hereto have executed this AGREEMENT
• on this day of _ 199 O
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w
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL NO. 49 ,
• AFL-CIO: 1
-Fred Dereschuk , Business Manager
Jon Pendzimas , President
01
oo John M. Schouveller, Recording Secretary
Walter I . Nielsen, Area Business Rep.
Steward
FOR THE CITY OF S . ANTHONY
Mayor
City Manager
•
•
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APPENDIX A
WAGES
• A. The following wage schedule will be in effect from the first
g
payroll period in 1990 through the last payroll period in 1990:
MAINTENANCE I . . . . . . . . . . . . . . . . . . . . . . . $ 9. 72 per hour
MAINTENANCE II . . . . . . . . . . . . . . . . . . . . . . 12. 96 per hour
WATER & SEWER . . . . . . . . . . . . . . . . . . . . . . . 13. 23 per hour
MAINTENANCE III . . . . . . . . . . . . . . . . . . . . . 13. 50 per hour
MECHANIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. 50 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 CLASSIFICATON 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 :
1 . Motor Patrol
2 . Front-end Loader (Mich . 45B) over 1 . 5 cu. yd .
3. Street Sweepers (Elgin , Pelican , Americana )
4 . Steel Rollers or Rubber Tired (8-10 tons or more )
5. Belt Loader
6 . Backhoe
7. High Ranger
8. Oil Distributor
9. Auto and Equipment Body Work/Painting
10 . 33 , 000 GVW Plow Truck with wing (only when plowing snow)
• Dated February 1 , 1989.
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APPENDIX A
(continued )
C-2. Employees hired after February 7, 1984 in the
MAINTENANCE I classification who are required by the
EMPLOYER and who are adjudged by the EMPLOYER to be
qualified to operate the following items of equipment
will be paid the MAINTENANCE II rate of pay for those
hours assigned to the unit :
Blacktop Paver
Bobcat - Bombardier or MT Trackless
Boom Truck
Boom Truek 30 , and ever
Brush Chipper
Cement Mixer
Chip Spreader/Self-Propelled
Crawler Tractor - Under 50 H. P .
Leader, Front-End , 4 WD = 1 Yd. to 2. 5 Yds.
,9i! Distributor
Paint Striper - Truck Mounted
Rehr".—Tr a c T
sz Eex—azTa—rubber)' - ""'ever v—rvir
Rollers - Ton and Bv"
Sewer Cleaner , Hydraulic and Vacuum
• Steam Boiler
a
Tandems
Tree Spade
Trucks - 10 Ton , 4 WD
Trucks - Single-Axle Over 24 , 000 GVW
Any vehicle requiring a State of Minnesota
"Class B" Operators License
C-3. Employees assigned by the EMPLOYER to Utility Operator
will be paid the wage rate of the job classification to
which the employee is assigned .
•
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