HomeMy WebLinkAboutCC RES 91-009 RESOLUTION RATIFYING THE 1991-1992 AGREEMENT BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320, REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGE TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY Meeting Sheet
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103604
Box: 26
Folder: RES 1991
Document: CC RES 91-009 RESOLUTION RATIFYING THE 1991-1992
AGREEMENT BETWEEN THE CIN AND TEAMSTERS LOCAL NO. 320,,
REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND
AUTHORIZING THE MAYOR AND CIN MANAGE TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CIN
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CITY OF ST. ANTHONY
RESOLUTION 91-009
A RESOLUTION RATIFYING THE 1991-1992 AGREEMENT
BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 3207
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 1991-1992 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 a L j day of J cc o U-a V- , 1991.
Mayor
ATTEST: �cJ
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, 1991, between the City of St.
Anthony, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public
and Law Enforcement Employees Union, Local #320, hereinafter called the UNION.
It is the intent and purpose of this AGREEMENT to:
1.1 Assure sound and mutually beneficial working and economic
relationships between the parties hereto;
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT'S interpretation and/or application; and
• 1.3 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, shall continue their
dedication to the highest quality service and protection to the residents of St.
Anthony. Both parties recognize this AGREEMENT as a pledge of this dedication.
ARTICLE II RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative,
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 Employee: A member of the exclusively recognized bargaining unit.
3.4 Department: The St. Anthony Fire Department.
3.5 Employer: The City of St. Anthony.
3.6 Chief: The Chief of the St. Anthony Fire Department.
3.7 Union Officer: Officer elected or appointed by the Minnesota Teamsters
Public and Law Enforcement Employee's Union, Local #320.
ARTICLE IV EMPLOYER SECURITY
• The UNION agreed that during the life of this AGREEMENT it will 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 AGREEMENT shall remain solely within the discretion of the
EMPLOYER to modify, establish, or eliminate.
ARTICLE VI UNION SECURITY
6.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction, in writing, an amount necessary to cover monthly UNION
dues. Such monies shall be remitted as directed by the UNION.
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6.2 The UNION may designate an employee from the bargaining unit to act as
Steward and an employee to act as alternate and shall inform the
EMPLOYER, in writing, of such choice and changes in the position of the
Steward and/or alternate.
6.3 The EMPLOYER shall make space 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 terms and
conditions of this AGREEMENT.
7.2 Union Representatives: The EMPLOYER will recognize representatives,
designated by the UNION, as the grievance representatives of the bargaining
• unit, having the duties and responsibilities established by this Article. The
UNION shall notify the EMPLOYER in writing, of the names of such UNION
representatives and of their successors, when so designated, as provided
in 6.2 of this AGREEMENT.
7.3 Processing of a Grievance: It is recognized and accepted by the UNION and
the EMPLOYER, that the processing of grievances, as hereinafter provided,
is limited by the job duties and responsibilities of the employees and shall
therefore be accomplished during normal working hours, only when
consistent with such employee duties and responsibilities. The aggrieved
employee and a UNION representative shall be allowed a reasonable amount
of time, without loss in pay, when a grievance is investigated and presented
to the EMPLOYER during normal working hours provided that the employee
and the UNION representative have notified and received the approval of the
designated supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the EMPLOYER.
7.4 Procedure: Grievances, as defined by Section 7.1, shall be resolved in
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
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after such alleged violation has occurred, present such grievance to the
Employee's supervisor, as designated by the EMPLOYER. The EMPLOYER
idesignated 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, 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 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 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 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 Grievances", as established by the Public Employment
Relations Board.
7.5 Arbitrators Authority:
A. The Arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the terms and conditions of this
AGREEMENT. The Arbitrator shall consider and decide only the
specific issue(s) submitted in writing by the EMPLOYER and the
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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 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 be made,
providing it pays for the record. If both parties desire a verbatim
record of the proceedings, the cost shall be shared equally.
7.6 Waiver: If a grievance is not presented within the time limits set forth above,
it shall be considered "waived". If a grievance is not appealed to the next
• step within the specified time limit or any agreed extension thereof, it shall be
considered settled on the basis of the EMPLOYER'S last answer. If the
EMPLOYER does not answer a grievance or an appeal thereof, within the
specified time limits, the UNION may elect to treat the grievance as denied
at that step and immediately appeal the grievance to the next step. The time
limit in each step may be extended by mutual written agreement of the
EMPLOYER and the UNION, in each step.
ARTICLE VIII SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota
and the City of St. Anthony Ordinances. In the event any of this AGREEMENT shall
be held to be contrary to law by a court of competent 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 AGREEMENT shall continue in full force and effect.
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ARTICLE IX SENIORITY
9.1 Seniority shall be determined by the employee's length of continuous
employment with the Fire Department and posted in an appropriate location.
Seniority rosters may be maintained by the Chief on the basis of time in
grade and time within specific classifications. New employees shall be on
a six month probationary 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.
• 9.4 Vacation periods shall be selected on the basis of seniority until March 15th
of each calendar year.
ARTICLE X DISCIPLINE
10.1 The EMPLOYER will discipline employees for just cause only. Discipline will
be in the form of:
A. oral reprimand;
B. written reprimand;
C. suspension;
D. demotion; or
E. discharge.
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension and notices of discharge which
are to become 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.
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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 pay.
10.6 Employees will not be questioned concerning an investigation of disciplinary
action unless the employee has been given an opportunity to have a UNION
representative present at such questioning.
10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3
of the Grievance Procedure, under Article VII.
10.8 Choice of Remedy: If, as a result of the written response in Step 3, the
grievance remains unresolved and if the grievance involves the suspension,
demotion or discharge of an employee who has completed the required
probationary 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 procedure other than Step 4 of Article VII, the grievance is
not subject to arbitration procedure as provided in Step 4 of Article VII.
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 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
• 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:
1991 1992 1991 1992
Firefighter Monthly Hourly
After three years $2,898 $3,014 $11.63 $12.10
After two years 2,827 2,940 11.35 11.80
After one year 2,754 2,864 11.05 11.49
After six months 2,681 2,788 10.74 11.17
Start 2,608 2,712 10.47 10.89
Captain $3,024 $3,145 $12.14 $12.63
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.
• 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 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.
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.
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ARTICLE XV CLOTHING ALLOWANCE
• All Fire Department employees shall be allowed Two Hundred sixty-five dollars
($265.00) per year for necessary clothing/supplies/maintenance. Employees will
receive reimbursement for such expenditures after a receipt of purchase is furnished
to the City Finance Department. In addition, the City is to furnish over and above
the clothing allowance, all protective firefighting 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 -- 96 hours
After one year of completed service -- 168 hours
After five years of completed service -- 216 hours
After ten years of completed service -- 264 hours
After fifteen years of completed service -- 312 hours
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 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
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vacation pay at time of termination shall be calculated utilizing the hourly rate shown
in Article XII. Accrued, but unused, vacation leave shall be paid to the employees
upon termination of employment, providing at least two weeks written notice is
given. Employees taking vacation in the amounts of one week or more may
receive vacation pay in advance if pay day falls during the vacation period.
ARTICLE XVII SEVERANCE PAY
Employees who are permanently laid off, disabled, or who retire with at least ten
(10) years of consecutive service as a full time fire department employee shall
receive severance pay on the following schedule:
Sick Leave Shifts Accrued No. Shifts of Severance Pay
30 - 49 3
50 - 79 5
80 - 99 7
100 - 110 11
111 - 120 15 (max.)
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 LEAVE BANK
19.1 After any member of the department accrues sick leave to the
maximum allowed, all sick leave over the maximum will be tabulated and
credited to a sick leave bank list, which will be kept on file in the City offices.
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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 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 1 st, 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 XX PAID HOLIDAYS
All permanent and probationary employees shall observe the following twelve (12)
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
Martin Luther King 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 GROUP INSURANCE
• The EMPLOYER will pay up to $235.00 in 1991 and $255.00 in 1992 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-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 CALL BACK PAY
Employees called back to work will receive a minimum of one hour of pay.
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ARTICLE XXVIII DURATION
• This AGREEMENT shall be effective as of January 1, 1991 and shall remain in full
force and effect until December 31, 1992.
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on this
9 and day of 7,-a n u n r� , 19-3-_.
FOR THE CITY OF ST. ANTHONY FOR TEAMSTERS LOCAL #320
mayor
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�U
City Manager
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