HomeMy WebLinkAboutCC RES 99-077 A RESOLUTION RATIFYING THE 2000-2001 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL-CIO, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT Meeting Sheet
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104939
Box: 31
Folder: RES 1999
Document: CC RES 99-077 A RESOLUTION RATIFYING THE 2000-2001
AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL-
CIO, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT
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CITY OF ST. ANTHONY
RESOLUTION 99-077
A RESOLUTION RATIFYING THE 2000-2001 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 2000-2001 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.
Adopted this day of tLe_L� 1999.
•
Mayor
ATTEST: G
City Clerk
Reviewed for administration:
City anager
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LABOR AGREEMENT
BETWEEN
CITY OF ST. ANTHONY
AND
INTERNATIONAL UNION OF
OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
January 1 , 2000 through December 31 , 2001
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
IX. WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
X. OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
XI. CALL BACK/STAND-BY DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
XII. LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
XIII. RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
• XIV. DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XV. SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XVI. PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XVII. SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XVIII. JOB POSTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIX. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XX. PERSONAL LEAVE WITH PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XXI. INJURY ON DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
XXII. FUNERALLEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXIII. LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXIV. HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXV. RELIEF PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXVI. LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXVII. WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXVIII. EDUCATION/TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
XXIX. NON-DISCRIMINATION CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . 15
XXX. WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
XXXI. DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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APPENDIX A
WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
WORKING OUT OF CLASSIFICATION PAY . . . . . . . . . . . . . . . . . . . . 1
APPENDIX B
ENTRY LEVEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
STEP A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
STEP B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
STEPC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
STEPD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
STEP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
MAINTENANCE III
MECHANIC AND WATER/SEWER DIVISIONS . . . . . . . . . . . . . . 9
MOVEMENT THROUGH THE SYSTEM . . . . . . . . . . . . . . . . . . 10
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LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY
AND INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49, AFL-CIO
ARTICLE I PURPOSE OF AGREEMENT
This Agreement is entered into between the City of St. Anthony hereinafter called
the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL-
CIO, hereinafter called the UNION.
The intent and purpose of this Agreement is to:
1 .1 Establish certain hours, wages, and other conditions of employment;
1 .2 Establish procedures for the resolution of disputes concerning this
Agreement's interpretation and/or application;
1 .3 Specify the full and complete understanding of the parties; and
1 .4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
• The EMPLOYER and the UNION, through this Agreement, continue their dedication
to the highest quality of public service. Both parties recognize this Agreement as a
pledge of this dedication.
ARTICLE II RECOGNITION
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.
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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
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
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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
in pay when a grievance is investigated and presented to the EMPLOYER
during normal working hours provided the EMPLOYEE and the UNION
REPRESENTATIVE have notified and received the approval of the designated
supervisor who has determined that such absence is reasonable and would
not be detrimental to the work programs of the EMPLOYER.
6.4 Procedure
Grievances, as defined by Section 6.1 , shall be resolved in conformance with
the following procedure:
Step 1 . An EMPLOYEE claiming a violation concerning the interpretation or
application of this AGREEMENT shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the
• EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-
designated representative will discuss and give an answer to such Step 1
grievance within ten (10) calendar days after receipt. A grievance not
resolved in Step 1 and appealed to Step 2 shall be placed in writing setting
for 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.
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
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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 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
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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 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 49, AFL-CIO.
• 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
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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.
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
• Page 7
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.
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
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two (2) hours' pay at one and one-half (1-1/2) times the EMPLOYEE'S base
pay rate.
11 .2 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 .3 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 three hours of overtime
iwages (3 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
this Agreement.
ARTICLE XIV DISCIPLINE Page 9
14.1 The EMPLOYER will discipline EMPLOYEES only for just cause.
14.2An 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).
ARTICLE XV SENIORITY
15.1 Seniority will be the determining criterion for transfers, promotions and lay
offs only when all job-relevant qualification factors are equal.
15.2 Seniority will be the determining criterion for recall when the job-relevant
qualification factors are equal. Recall rights under this provision will continue
for twenty-four (24) months after lay off. Recalled EMPLOYEES shall have
ten (10) working days after notification of recall by registered mail at the
EMPLOYEE'S last known address to report to work or forfeit all recall rights.
15.3 No permanent EMPLOYEE shall be laid off while any temporary EMPLOYEE
(defined as an EMPLOYEE with less than 6 months consecutive service) is on
the payroll.
ARTICLE XVI PROBATIONARY PERIODS
16.1 All newly hired or rehired EMPLOYEES will serve a six (6) months'
probationary period.
16.2 All EMPLOYEES will serve a six (6) months' probationary period in any job
classification in which the EMPLOYEE has not served a probationary period.
16.3 At any time during the probationary period a newly hired or rehired
EMPLOYEE may be terminated at the sole discretion of the EMPLOYER.
16.4 At any time during the probationary period a promoted or reassigned
EMPLOYEE may be demoted or reassigned to the EMPLOYEE'S previous
position at the sole discretion of the EMPLOYER.
ARTICLE XVII SAFETY
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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.
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 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 of the bargaining unit can be considered
for such vacancies.
ARTICLE XIX INSURANCE
19.1 The EMPLOYER will contribute up to a maximum of Four Hundred Sixty-five
Dollars ($465.00) per month per EMPLOYEE for calendar year 2000 and Four
Hundred Ninety Dollars ($490.00) per month per EMPLOYEE for calendar
year 2001 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 Page 11
EMPLOYER contribution which will fully pay for the EMPLOYEE'S health, life,
and dental insurance, including dependent coverage.
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 the 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. Workers' 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'
0 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
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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:
Maximum Payment
0 - 3 years of service '/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 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.
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21 .3 Starting the 11th 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 worker's 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.
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
CP 3) Washington's and Lincoln's Birthday - the third Monday in February
4) Good Friday - the Friday preceding Easter Sunday
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5) Memorial Day - the last Monday in May
6) Independence Day - July 4
7) Labor Day - the first Monday in September
8) Christopher Columbus Day - the second Monday in October
9) Veteran's Day - November 11
10) Thanksgiving Day - the fourth Thursday in November
1 1 ) 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 least five (5) years of
service and $30.00 per man per month for EMPLOYEES with at least ten
(10) years of service with the department. Such payments are to be made
starting the month after an EMPLOYEE becomes a five (5) or ten (10) year
EMPLOYEE.
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.
Page 15
27.1 a 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 the alternate 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 of 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 and
regulations regarding terms and conditions of employment, to the extent
inconsistent with the provisions of this Agreement, are hereby superseded.
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
i
Page 16
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 , 2000 and shall remain in
full force and effect until the 31 st day of December, 2001
• IN WITNESS WHEREOF, the oprties hereto have executed this Agreement on this
day of ��_ 1999.
FOR THE INTERNATIONAL UNION OF FOR THE CITY OF ST. ANTHONY
OPERATING ENGINEERS, LOCAL 49,
AFL-CIO
Its Business Manager is Mayor
P-44gi4al
Its President Its City Manager
(I"'a
I rea Busi ss Representative
Stewar
4/
Page 1
APPENDIX A
WAGES
A. The following wage schedule will be in effect from the first payroll period in
2000 through the last payroll period in 2001 .
Title 2000 2001
Maintenance Worker-Entry $13.27 $13.67
Maintenance Worker-Step A $14.18 $14.61
Maintenance Worker-Step B $15.06 $15.51
Maintenance Worker-Step C $15.95 $16.43
Maintenance Worker-Step D $16.84 $17.35
Maintenance Worker-Step E $17.73 $18.26
Water and Sewer $18.08 $18.62
Maintenance Worker III (HEO) $18.45 $19.00
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
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. Pool Operator's license
5. Sewer jetter
6. Backhoe
7. High Ranger
8. Tree Inspector
9. Ariel crane
10. 33,000 GVW Plow Truck with Wing (only when plowing snow)
11 . Tar kettle/crack filling machine
12. Welding
13. Brush Chipper
14. Sewer televising unit
15. Graco paint stripper/crosswalks
16. Playground inspection
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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.
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APPENDIX B
CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE 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
• Page 4
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
• Page 5
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
•
• Page 6
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
•
• Page 7
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
i - 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
•
• Page 8
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
•
•
• Page 9
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
•
• Page 10
MOVEMENT THROUGH THE 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/Management Assistant.
C. The Assistant to the City Manager/Management Assistant will examine both
sides and make a recommendation t 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.
•