HomeMy WebLinkAboutCC RES 94-029 RESOLUTION RATIFYING THE 1994-1995 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE INTERNATION UNION OF OPERATING ENGINEERS, LOCAL #49, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII
103430
Box: 26
Folder: RES 1994
Document: CC RES 94-029 RESOLUTION RATIFYING THE 1994-1995
AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE
INTERNATION UNION OF OPERATING ENGINEERS, LOCAL#49,
REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT
r :
CITY OF ST. ANTHONY
RESOLUTION 94-029
A RESOLUTION RATIFYING THE 1994-1995 AGREEMENT
BETWEEN THE CITY OF ST. ANTHONY AND THE INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL #49, REPRESENTING
THE ST. ANTHONY PUBLIC WORKS DEPARTMENT
BE IT RESOLVED, that the 1994-1995 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 Interim City Manager are authorized to execute
the Agreement on behalf of the City.
Adopted this ' O day of ( � (�Jt�. , 1994.
•
Mayor
ATTEST: ��tA4,L�
City Clerk
Reviewed for administration:
Interim Cit anager
•
LABOR AGREEMENT
BETWEEN
• CITY OF ST. ANTHONY
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
• January 1, 1994 through December 31, 1995
r r.
TABLE OF CONTENTS
ARTICLE PAGE
I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
II RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
III UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
V EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . 3
VII DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
X OVERTIME PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
XI CALL BACK/STAND-BY DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
XII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
XIV DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
XV SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XVII SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 9
XVIII JOB POSTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XIX INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XX SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XXI INJURY ON DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
• XXII FUNERAL LEAVE . . . . . . . . . . . . . . . : : : : : : : : : : : : : : : : : : : : : : : 11
XXIII LEAVE OF ABSENCE (Jury Duty) 11
XXIV VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
XXVHOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
XXVI RELIEF PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXVII LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXVIII WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXIX NON-DISCRIMINATION CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXX SEVERANCE PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXXI WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXXII DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
APPENDIX A (WAGES ) i994/1995 . . . . . . . . . . . . . . . . . . . . . . . 16
APPENDIX B - Maintenance Worker (Entry Level ) . . . . . . . i8
Maintenance Worker - Step A i9
Maintenance Worker - Step B . . . . . . . . . . . 20
Maintenance Worker - Step C . . . . . . . . . . . 21
Maintenance Worker - Step D . . . . . . . . . . . 22
Maintenance Worker - Step E . . . . . . . . . . . 23
Maintenance III - Mechanic & Water &
Sewer Divisions . . . . . . . . . . . . . . 24
Movement Through System . . . . . . . . . . . . . . . 25
Maintenance Worker Positions . . . . . . . . . . 26
•
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. 031 Subdivision 14 excluding
supervisory, confidential and all other employees .
•
1
f
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.
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 AGRERMENT.
5 . 2 Any term and condition of employment not specifically
established or modified by thin AGREEMENT shall remain
solely within the discretion of the EMPLOYER to modify,
establish, or eliminate.
•
2
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 'paving 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 LNION 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 worx 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.
3
Steo 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 alter
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
repre=sentative ' s final Step 2 answer . Any grievance not
appealed in writing to Step 3 by the L:NION within ten ( 10 )
calendar days shall be considered waived .
Step 3. It 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.
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 UPIION, and shall have
no authority to make a decision on any other issue not so
submitted.
•
4
B. The arbitrator shall be without ?ower to map!,e ,recisions
contrary to, or inconsistent with , cr medifJ cr
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 briers by the parties ,
whichever be later, unless the parties agree to an
extension . The dacision shall be binding on both the
EMPLOYER and the UNION and small be based soled' on the
arbitrator ' s interpretation or application of t' express
terms of this AGREEMENT and to the facts of tn.e 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 :Wade,
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. " Ir 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 aggrieved
employee from making a subsequent appeal through Step 5
of ARTICLE VI .
5
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 EMMPLOYEE : 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
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.
6
ARTICLE IX WORK SCHEDULES
9. 1 The sole• authority in work schedules is the
EMPLOYER.
urThe normal work day for an employ_ eight
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 ror.mal 7 : 00 -
3 :30 day. The T_mPLOYER will give seen ( 7 ) days advance
notice to the employees affected by tiie astablishm:ent 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 ) lire, 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 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 .
10 . 5 Employees will be allowed to bank up to 40 hours of
compensatory time. Employees will be allowed to take
compensatory time at a rate of 24 hour increments .
Compensatory time shall be used within the calendar
year earned.
7
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 for 1994 and the rate of three and
one-half (3-1/2) hours overtime pay for each day for 1995 .
Stand-by duty shall include a routine check of pumps and
other City facilities such as lift stations, filter plant
and 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 party present at the interview
to act as a witness for the employee(s ) .
8
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 continze for
twenty-four ( 24 ) months after lay off . Recalled
employees shall have tan ( 10 ) working days aster
notification of recall by registered mail a" the
employee ' s last known address to report to work
or forfeit all recall rights .
15 . 3 No permanent employes 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
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
9
13. 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 ninety-five dollars ($295 . 00) per month per
employee for calendar year 1994 and Three hundred
twenty dollars ($320 . 00) per month per employee for
calendar year 1995 for group health and life insurance
including dependent coverage . By mutual agreement
employees 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
• 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
19.1, 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.
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. No limit shall be placed on the
amount of sick leave that may be accrued by an employee.
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
10
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 .
• 20 . 5 The EMPLOYER will provide two ( 2 ) additional days of
vacation leave for any employee who completes twelve ( 12 )
months without using sicx 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. gay equal to regular salary (base) .
21. 4 All Workman ' s Comoensation 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 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 employee his/her full wages for a
two week military leave per year and employee will
reimburse EMPLOYER upon his/her receipt of full wage
compensation from the military.
11
A_R_TICLE_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 ( 151% h ) year ,
a tctal 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 ( ll ) 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
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.
12
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
41
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 atter 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.
•
ARTICLE XXVIII WAGES
28 .1 Qualified employees will be paid the H.F.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.
•
13
ARTICLE XXIX 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 XXX SEVERANCE PAY
Severance pay in the amount of fifty percent (50%) of accumulated
sick leave not to exceed a maximum of forty-five ( 45 ) days shall
be paid to all employees leaving employment in good standing
after one (1 ) year.
ARTICLE XXXI WAIVER
31. 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.
31. 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 re3pect 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.
14
ARTICLE XXXII DURATION
• This AGREEMENT shall be effective as of January 1, 1994 , and
shall remain in full force and effect until the 31st day of
December, 1995 .
IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT on this day of 1994 .
FOR THE INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL NO. 49, AFL-CIO:
FOR THE CITY OF ST. ANTHONY:
Its Mayor
Its City Manager
• 15
APPENDIX A
WAGES
A. The following wage schedule will be in effect from the first
payroll period in 1994 through the last payroll period in
3995•
Title 1994 1995
Maintenance Worker - Entry $11 . 12 $11 .45
Maintenance Worker - Step A 11 .87 12 .23
Maintenance Worker - Step B 12 . 61 12 . 99
Maintenance Worker - Step C 13 .36 13 . 76
Maintenance Worker - Step D 14 . 10 14 . 52
Maintenance Worker - Step E 14 . 84 15 .29
Water and Sewer 15. 14 15 .59
• Maintenance Worker III 15 .45 15. 91
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 &MP LOYE R and who are adjudged by
the EMPLOYER to ba 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)
S. Sewer j etter
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)
11. Tar kettle
12 . Welding
13 . Brush Chipper
14 . Sewer televising unit 16
APPENDIX A - "AGES
1991/92 - Continued
C-2 . Employees assigned by the EMPLOYER to Utility Operator
will be paid the rage 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.
•
17
APPENDIX B
. CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER
ENTRY LEVEL
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 or 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 perforin routine repair and maintenance tasks
in the following areas :
streets/storm sewer
parks/forestry
water/sewer
building/equipment
18
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 contrete 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
19
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
20
CITY OF ST. ANTHONY
• PUBLIC WORKS DEPkRTMENT
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 per-form 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/ballfield/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
21
CITY OF ST. ANTHONY
• PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER
STEP D
Minimum Requirements :
- Meets or exceeds all the 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. witih plow and wing
Grader
.Oiler/Distributor
Sweeper
•
22
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 ( 1) 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
•
•
23
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
& sewer facilities and equipment; including
televising equipment, sewer rodder and
backhoe; must have MN Class B water and
Class C sewer licenses
24
�• 6 l I
Movement Through System:
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.
C. The Assistant to the City Manager 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.
25
I
CITY OF ST. ANTBONY
• PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER POSITIONS
Maintenance Worker - Entry Level . . . . . . . . . . General Maintenance
Maintenance Worker - Step A
Maintenance Worker - Step B
Maintenance Worker - Step C
Maintenance Worker - Step D
Maintenance Worker - Step E . . . . . . . . . . . . . . . . Journeyman - General
Maintenance
Current Water & Sewer . . . . . . . . . . . . . . . . Phase out as personnel
qualify for Maintenance
III
Maintenance III . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special skills
Mechanic
Water & Sewer
All personnel will be eligible to move to Maintenance II - Step E.
Maintenance III positions will be determined by the needs of the
City.
26