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Home My WebLink AboutCC RES 01-088 A RESOLUTION RATIFYING THE 2002-2003 AGREEMENT BETWEEN THE CITY OF ST. ANTONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL-CIO, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT Meeting Sheet IIIIII VIII VIII VIII VIII III�I IIII IIII 104757 Box: 31 Folder: RES 2001 Document: CC RES 01-088 A RESOLUTION RATIFYING THE 2002-2003 AGREEMENT BETWEEN THE CIN OF ST. ANTONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL- CIO, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT CITY OF ST. ANTHONY RESOLUTION 01-088 A RESOLUTION RATIFYING THE 2002-2003 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL-CIO, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT BE IT RESOLVED, that the 2002-2003 Agreement between the International Union of Operating Engineers, Local 49, representing the St. Anthony Public Works Department, and the City of St. Anthony is hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. • da Adopted this r day of 2001.n��r�. �r , Mayor ATTEST: City Clerk Reviewed for administration: City Ma ger • LABOR AGREEMENT BETWEEN CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO January 1, 2002 Through December 31, 2003 TABLE OF CONTENTS ARTICLE PAGE I. PURPOSE OF AGREEMENT ................................. 1 II. RECOGNITION ................................................... 1 III. UNION SECURITY ............................................... 1 IV. EMPLOYER SECURITY ........................................ 2 V. EMPLOYER AUTHORITY ..................................... 2 VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE.... 2 VII. DEFINITIONS ..................................................... 5 VIII. SAVINGS CLAUSE .............................................. 5 IX. WORK SCHEDULES ............................................. 6 X. OVERTIME .......................................................... 6 XI. CALL BACK/STAND-BY DUTY ................................. 7 XII. LEGAL DEFENSE ................................................ 7 XIII. RIGHT OF SUBCONTRACT ................................... 7 XIV. DISCIPLINE ....................................................... 8 XV. SENIORITY ......................................................... 8 XVI. PROBATIONARY PERIODS .................................. 8 • XVII. SAFETY ............................................................ 8 XVIII. JOB POSTING 9 XIX. INSURANCE ...................................................... 9 XX. PERSONAL LEAVE WITH PAY ............................... 10 XXI. INJURY ON DUTY ............................................... 11 XXII. FUNERAL LEAVE ............................................... 11 XXIII. LEAVE OF ABSENCE ......................................... 12 XXIV. HOLIDAYS ....................................................... 12 XXV. RELIEF PERIODS............................................... 12 XXVI. LONGEVITY ............................................. 12 XXVII. WAGES.................................................... 13 XXVIII. EDUCATION/TRAINING................................. 13 XXIX. NON-DISCRIMINATION CLAUSE........................... 13 XXX. WAIVER..................................................... 13 XXXI. DURATION ....................................... ........... 14 • 4 • APPENDIX A WAGES ............ .................................... ... ... ....... 1 WORKING OUT OF CLASSIFICATION PAY ...... ....... 1 APPENDIX B ENTRYLEVEL ..................................................... STEPA ............................................................... STEPB ............................................................... STEPC ............................................................... STEPD ............................................................... STEPE ................................................... ....... 8 MAINTENANCE III MECHANIC AND WATER/SEWER DIVISIONS..... 9 MOVEMENT THROUGH THE SYSTEM ............. 10 MEMORANDUM OF UNDERSTANDING.............................. 11 • • • LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL-CIO ARTICLE 1 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 If RECOGNITION 2.1 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 Minnesota, Stat. 179A.03, Subdivision 14, excluding supervisory, confidential and all other employees. 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. 1 • ARTICLE IV EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE 6.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or • application of the specific terms and conditions of this Agreement. 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 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 of 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. 2 • 64 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 requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's 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 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 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. 3 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 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 4 • effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 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 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 8.1 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. 5 • 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 A.M. — 3:30 P.M. 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 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 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. 10.5 EMPLOYEES will be allowed to bank up to 60 hours of compensatory time. EMPLOYEES will be allowed to take compensatory time at a rate of 40 hour increments. Compensatory time may be carried over to the next calendar year. 6 • ARTICLE XI CALLBACK/STAND-BY DUTY 11.1 Call Back: An EMPLOYEE called in for work at a time other than the EMPLOYEES normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the EMPLOYEES base pay rate. 11.1 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(4) hours overtime pay for each day. Stand-by duty shall include routine check of pumps and other City facilities such as lift stations, filter plant, booster station, and wading pool for chlorine. 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. 11.2 Weekday Pump Duty. Any EMPLOYEE on pump duty will be available for call out during the week, in addition to weekends. Pump duty will begin at 3:30 PM Wednesdays and continue to the following Wednesday at 7:00 AM. The EMPLOYEE responsible for call out during this period would be the employee scheduled on the pump duty roster. An additional four hours of overtime wages (4 hours/week at 1-1/2 times the EMPLOYEE'S normal rate of pay) will be paid to the • pump duty EMPLOYEE for carrying the pager during the week. ARTICLE XII LEGAL DEFENSE 12.1 EMPLOYEES involved in litigation because of negligence, ignorance of laws, non-observance 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 13.1 Nothing in this Agreement shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by EMPLOYEES covered by the Agreement. 7 • ARTICLE XIV DISCIPLINE 14.1 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 opportunity to have a third party present at the interview to act as a witness for the EMPLOYEES. ARTICLE XV SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotion 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. ARTICLE XVII SAFETY 17.1 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. 8 • 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- 18.1.1 pplicants:18.1.1 have the necessary qualifications to meet the standards of the job vacancy-, and 18.1.2 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 for the bargaining unit can be considered for such vacancies. ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of Five Hundred Twenty Five Dollars ($525.00) per month per EMPLOYEE for calendar year 2002 and Five Hundred Sixty Dollars ($560.00) per month per EMPLOYEE for calendar year 2003 for group health and life insurance, including dependent coverage. By mutual agreement EMPLOYEES with dependent care may use Fifteen Dollars ($15.00) of the health insurance dollars for dental insurance. 19.2 EMPLOYEES not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance other 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 insurance over that amount stipulated by 19.1, 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. 9 ARTICLE XX PERSONAL LEAVE WITH PAY 20.1 Amount Allowed. Full time employees shall earn personal leave according to the following schedule: Hours Accrued Per Year 0 — 5 Years 176 hours 5+ - 14 Years 216 hours 15+ 256 hours Employees using earned personal leave shall be considered to be working for the purpose of accumulating additional personal leave. 20.2 Usage. Personal leave may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. In order to allow coordination of personal leave with family and medical leave, employees seeking to take personal leave may be required to provide enough information about the purpose of the time off to allow a determination of whether the time will also qualify for family and medical leave. If the personal leave also qualifies for family and medical leave, the employee must take both leaves simultaneously. 20.3 Terminal Leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment, will be compensated for personal leave accrued and unused to date of separation, as per 20.7. 20.4 Waiver of Personal Leave Prohibited. No employee is permitted to waive personal leave for the purpose of receiving double compensation. 20.5 Procedure. To be eligible for personal leave with pay, an employee shall report as soon as possible to his or her Department Head the need to take personal leave and its estimated duration. 20.6 Worker's Compensation. Employees are covered by the workers' compensation laws of the State. In the event an employee is disabled and is entitled to workers' compensation, the employee will keep any workers' compensation payments received and eligible to receive a bi-weekly pay check equal to 1/3 pay through the use of personal leave benefits. In addition, the employee will be entitled to earn 1/3 of the amount of the personal leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such workers' compensation will be considered working for the purpose of accumulating additional personal leave benefits. 20.7 Unused Personal Leave Pay. An unused personal leave pay policy is established subject to the following rules and regulations: (a) The employee must be in good standing and give proper notice of termination in the case of resignation. (b) Qualifying employees shall receive their accumulated personal leave up to a maximum as listed in the following schedule: 10 Maximum Payment 0 — 3 years of service 1/ 2 of personal leave accrued 3 + years 480.0 hours 4 + years 528.0 hours 5 + years 600.0 hours 20.8 Donation of Personal Leave To Employees With Serious Medical Problems Employees may voluntarily donate personal leave time in hour increments, which can be converted to use by employees facing serious medical problems or extended time off due to serious medical problems and who have no accumulated personal leave time or compensatory time available. The use of this donated personal leave must be approved by the Department head and the City Manager and will be converted to the receiving employee's paid hourly rate. This subdivision does not include temporary or seasonal positions or unionized employees who have a sick pool that is already established. 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 physicians(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 11m through the 40th work day, the EMPLOYER will pay I.O.D. pay equal to regular salary (base). 21.4 Employees are covered by the worker's compensation laws of the state. In the event an employee is disabled and is entitled to worker's compensation, the employee will keep any worker's compensation payments received. In addition, the Employee will be entitled to receive 1/3 of the amount of the sick leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such workers compensation will be considered working for the purpose of accumulating 1/3 of the additional sick leave benefits normally accrued by an Employee until the Employee's accrued sick leave is used up. ARTICLE XXII FUNERAL LEAVE 22.1 In the event of the death of an EMPLOYEE'S spouse, children, stepchildren, parents, brother or sister, or EMPLOYEE'S spouse's 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, grandchild, or spouse's grandparent, grandchild, brother or sister, an EMPLOYEE will be granted one (1) day's funeral leave with pay. 11 ARTICLE XXIII LEAVE OF ABSENCE 23.1 EMPLOYEES subpoenaed as witnesses, or called and selected for jury 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. 23.2 The EMPLOYER will pay an EMPLOYEE full wages for a two week military leave per year which is not to exceed 15 days and in addition to any pay they receive for military training. The employee shall give the EMPLOYER a two week notice prior to the military leave. ARTICLE XXIV HOLIDAYS 24.1 All permanent and probationary EMPLOYEES shall observe the following twelve (12) paid holidays each year: 1) New Years Day—January 1 2) Martin Luther King Day— the third Monday in January 3) Washington's and Lincoln's birthday —the third Monday in February 4) Good Friday— the Friday preceding Easter Sunday 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 XXV RELIEF PERIODS 25.1 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 XXVI LONGEVITY 26.1 The EMPLOYER will pay, in addition to regular wages, an additional payment of $15.00 per man per month for employees with at lease 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. 12 26.2 The longevity benefit will not be granted to any EMPLOYEE hired after March 1, 1978. ARTICLE XXVII WAGES 27.1 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. 27.1a Qualified EMPLOYEES will also be paid the H.E.O. rate in whole hour increments for time worked when spraying pesticides. 27.2 Qualified employees will be paid an additional $1.00 per hour rate in whole hour increments for time worked inspecting City vehicles. 27.3 EMPLOYEES will be paid every two weeks on altemate Fridays. When a holiday falls on a Friday pay day, employees will receive their pay checks on the preceding Thursday. When two-day holidays fall on the Friday pay day and the Thursday preceding the Friday pay day, employees will receive their pay checks on the preceding Wednesday. • ARTICLE XXVIII EDUCATION/TRAINING 28.1 The EMPLOYER will budget $3,000 in calendar years 2000 and 2001 for the cost of tuition and books for job-related schools. The school, course work, and expenses shall be first approved by the Department Head. 28.2 Upon completion of the North Hennepin Community College Public Works Certification Program, an EMPLOYEE will receive HEO pay provided the EMPLOYEE is at a minimum Step E pay. ARTICLE XXIX NON-DISCRIMINATION CLAUSE 29.1 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 XXX WAIVER 30.1 Any and all prior agreements, resolutions, practices, policies, rules regulations regarding terms and conditions of employment, to the extent • inconsistent with the provision of this Agreement, are hereby superseded. 13 • 30.2 The parties mutually acknowledge 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 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 XXXI DURATION 31.1 This agreement shall be effective as of January 1, 2002, and shall remain in full force and effect until the 31s'day of December, 2003. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _day of December 2 :,Vt . • FOR THE INTERNATIONAL UNION OF FOR THE CITY OF ST. ANTHONY OPERATING ENGINEERS, LOCAL 49, AFL-CIO Its Busines Ma ger It ay Its President Its City Manager ,j?'rea Bu ' ess Re resentative Steward 14 • APPENDIX A WAGES A. The following wage schedule will be in effect from the fust payroll period in 2002 through the last payroll period in 2003. Title 2002 2003 Maintenance Worker—Entry $ 14.15 $ 14.61 Maintenance Worker— Step A 15.12 15.61 Maintenance Worker— Step B 16.05 16.57 Maintenance Worker—Step C 17.01 17.56 Maintenance Worker— Step D 17.96 18.54 Maintenance Worker—Step E 18.90 19.51 Water and Sewer 19.27 19.90 • Maintenance Worker III (HEO) 19.67 20.31 B. All Employees classified as Maintenance Worker Entry— Step E will be eligible to receive Working Out of Classification Pay as provided by Section C of this Appendix. C. WORKING OUT OF CLASSIFICATION PAY C-1 Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment wi11 be paid the MAINTENANCE III rate of pay for those hours assigned to the unit: 1. Motor Patrol 2. Front-End Loader(Mich. 4513) over 1.5 cu. Yd. 3. Street Sweepers (Elgin, Pelican, Americana) 4. Pool Operator's license 5. Sewer jetter 6. Backhoe 7. High Ranger 8. Tree Inspector 9. Ariel crane 1 • 10. 33,000 GVW Plow Truck with Wing (only when plowing snow) 1 I. Tar kettle/crack filling machine 12. Welding 13. Brush Chipper 14. Sewer televising unit 15. Graco paint stripper/crosswalks 16. Playground inspection C-2 EMPLOYEES assigned by the EMPLOYER to Utility Operator will be paid the wage rate of the job classification to which the EMPLOYEE is assigned. C-3 All present EMPLOYEES with the Classification of Maintenance Worker II will be grandfathered in as Maintenance Worker Step E. Existing EMPLOYEES classified as Maintenance Worker I will be put into the step system based on their length of service and their ability to perform the required duties of the assigned step and the lower steps. • 2 • APPENDIX B CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT NLAINTENANCE WORKER ENTRY LEVEL Note: During the year 2000, the City agrees to review the current Step System for Public Works Employees. Minimum Requirements: - High School diploma, GED or equivalent - Valid Minnesota Class C Drivers License - Valid Minnesota Class B and Commercial Drivers License (CDL) within six months of the date of hire - Ability to meet a minimum score of 70 percent on a mechanical aptitude test - Successful completion of City's physical examination including drug testing, if required - Ability to read, understand and follow written oral instructions including safety rules - Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing and pulling - Ability to perform job responsibilities in climactic extremes - Demonstration of ability to operate City-owned equipment - Ability to perform routine repair and maintenance tasks in the following areas: Streets/storm sewer Parks/ forestry Water/Sewer • Building/equipment 3 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP A Minimum Requirements: Meets or exceeds all the minimum requirements of Public Works Maintenance II—Entry Level Minimum of one (1) year of experience in Maintenance II— Entry Level Ability to perform the following tasks: Basic asphalt patching skills Basic concrete repair Vehicle/ Equipment routine maintenance Basic custodial skills Qualified to operate: • Air compressors Jack Hammer Cement Mixer Lawn Mowers Weed Whips Park Tractors with attachments • 4 • CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP B Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II— Step A - Minimum of one(1) year experience at Step A - Initiative in seeking and performing work - Safe work practices/driving record - Minimum tardiness/positive sick leave attitude - Ability to perform: . Advanced asphalt patching skills Snow plowing (1 ton truck and under) Traffic sign maintenance (replacement) Special event assistance Turf mowing practices Sidewalk snow plowing Water meter reading Familiarity with Step A equipment service Qualified to operate: One ton truck Brush chipper Asphalt roller (one ton) 72" rotary mower Bob cat Michigan front end loader • 5 • CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP C Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II - Step B - Minimum of one (1) year experience at Step B - Ability to perform work without supervision - Record keeping skills - Ability to perform: Snow plowing/ sanding Traffic Striping • Tree service skills (trimming/takedown/stumps) and clean up Landscape maintenance Parks shelter/ Equipment/Ball field/Irrigation system maintenance basics Storm sewer maintenance (CB cleaning, etc.) Qualified to operate: Dump truck—27,500 G.V.W. with plow Paint striper Tar kettle Aerial bucket Backhoe • 6 • CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP D Minimum Requirements: - Meets or exceeds all minimum requirements of Public Works Maintenance II— Step C - Minimum of one (1) year experience at Step C - Ability to supervise part-time and seasonal employees - Advanced record keeping skills - Sign Shop experience - Ability to perform: Park light maintenance basics Work site sign layout and traffic control Water/sanitary sewer maintenance basics Catch Basin repair Qualified to Operate: 33,000 G.V.W. with plow and wing Grader Oiler/distributor Sweeper • 7 • CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP E Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II—Step D - Minimum of one (l) year experience at Step D - Ability to lead a three (3) person crew • - Ability to perform all duties related to assigned division - Qualified to operate all equipment required to perform assigned duties • 8 • CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE III MECHANIC AND WATER/ SEWER DIVISIONS Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II - Ability to supervise a work crew - Ability to assist in the training of division employees - Ability to maintain all division records as required Divisions: • Mechanic Ability to repair and maintain all City equipment Water/Sewer Ability to operate and maintain all water and sewer facilities and Equipment; including televising equipment, sewer rodder and backhoe; must have Minnesota Class B water and Class C sewer licenses • 9 • MOVEMENT THROUGH THE SYSTENt: A. Public Works Director and Supervisor conduct evaluation with checklist to determine whether or not individual is qualified to move to the next appropriate step and then so inform employee. B. if employee disagrees with decision with justification, the employee should then contact the Assistant to the City Manager/Management Assistant. C. The Assistant to the City Manager/Management Assistant will examine both sides and make a recommendation to the City Manager who in turn will make a determination. D. The employee may also utilize the formal grievance procedure included in the Public Works Labor Agreement. • When placing new hires at a step within this plan, previous applicable experience will be taken into consideration so that new employees are appropriately placed. • • 10 • NIEMORANDUNI OF UNDERSTANDING Between CITY OF ST. ANTHONY And INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 This MEMORANDUM OF UNDERSTANDING is entered into between the City of St. Anthony and I.U.O.E., Local 49. Both parties have agreed to develop Memorandums of Understanding for the following items: 1. Allowing ten-hour shifts in the summer 2. Developing a career development program 3. Establishing a labor-mangement committee F E CITY OF ST. ANTHONY FOR I.U.O.E., OCAL 49 Lcx_ Dated Dated 11(G • 11