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RES 1971-35 - 00008645F u J 'l RESOLUTION NO. 35 -1971 ESTABLISHING WORKING CONDITIONS, WAGES, AND HOURS FOR EMPLOYEES EMPLOnD BY THE MUNICIPAL LIQUOR STORE (ON -SALE) WHEREAS, Minneapolis Local Joint Executive Board of the Hotel Restaurant Employees and Bartenders International Union in A.F.L. - C.I.O. Local Unions Nos. 152 and 458, as bargaining representative of the employees of the Muni- cipal Liquor Store of the City of Fridley, has presented to the Council of the City of Fridley a resolution relating to the *,corking conditions, .;ages, and hours for regular full -time employees of the Municipal Liquor Store of the City of Fridley. NOW, THEREFORE, BE IT RESOLVED by the City Council that the following rules and regulations concerning the employment of the employees of the Fridley Municipal Liquor Store be adopted and placed in effect, to -wit: ARTICLE I SENIORITY The Employer hereby does recognize seniority rights to this extent that: A. Employee layoffs and return to service may be on the basis of length of service except as noted in "D" below. B. Employee promotions and demotions be based upon length of service-- all else being equal, i.e.performance on the job be satisfactory in the view of the Employer. C. Employee does not establish seniority rights until he shall have worked a total of six (b) months. D. Except as to present job incumbents, residents of the City of Fridley shall be given preference in matters of layoffs and return. lto, cork, all `else being equal. E. Seniority rights do not include tenure. F. Seniority shall not apply to part -time employees except among themselves. ARTICLE II MEAL PERIO_) All Employees covered by this Resolution shall be granted a meal period of not less than one -half ( ") hour and not iongcr than one (1) hour and shall not be requested to work during this period except in case of e::treme emergency. r s rr )g RESOLUTION NO 35 -1971 ARTICLE III VACATIONS PAGE 2 Section 1. Each Employee of the City who has worked regularly for the City for a period of not less than twelve (12) successive months is entitled to a vacation away from employment with pay. Vacation pay shall be computed at the regular rate of pay to which such employee is entitled. An employee who has worked a minimum of twelve (12) months is entitled to one (1) workday of vacation for each month so worked; an employee who has worked eighty -four (84) successive months is entitled to one and one -half (Q) workdays of vacation for each month worked beginning with the eighty -fifth (85th) month of consecutive employment. An employee who has worked one hundred eighty (1801 successive months is entitled to one and two- thirds (1 -2/3) workdays of vacation for each month worked beginning with one hundred eighty -first (181st) month of consecutive employment. Except where otherwise provided by agreement between the City Manager and the employee, no more than twenty (20) days vacation may be taken in any one calendar year, and the vacations, unless otherwise _provided, shall be taken each year during the months of April to and including the month of August. Section 2. The oldest man in order of seniority shall have first-preference in selecting his vacation time from a schedule posted by the Employer. Such selection shall be made by April 1st of each year. If a. selection is not made by April 1st, vacations shall be on a�first come, first served basis_ Section 3. If an employee is laid off or is drafted into military service or defense work, or voluntarily enters military service with the United States Government, he shall receive vacation pay on the basis of one - twelfth (1/12) of the vacation period for each month or portion thereof worked if employed over six (6) months, but not to exceed any Longer period than that granted for a full year's work. Section 4. In the event a regular full -time employee quits or his employment is severed for any reason whatsoever, he shall receive his earned vacation pay. ARTICLE IV GRIEVANCES I III It is the intention of the parties that the procedure established in this Resolution for the adjustment of disputes shall be in accordance with Lars applicable to Municipal Corporations and its Employees. That the means for the determination of all disputes, complaints or grievances specified herein, expressly including all strikes, stoppages, lockouts, and any and all claims, demands or acts arising therefrom, are and shall be in conformity m0 h the requirements of the Law. Neither party shall institute any proceedings in a court of law or equity, or to compel arbitration, contrary thereto. This provision shall be a complete defense to any I action instituted contrary to this Resolution. j" s C� 59 RESOLUTION NO. 35-1971 PAGE 3 ARTICLE V DISCRIMINATION No Employee shall be discriminated against and no Employee shall be discharged for giving information regarding alleged violations of this Resolution, when proper procedure as in Article IV is followed. - ARTICLE. VI UNIFORMS Section 1. It was agreed that a bartender's dry cleaning allowance be one dollar ($1.00) per week. It was agreed that full-time waitresses receive a uniform allowance of one dollar and fifty cents ($1.50) per week, and that part -time waitresses receive seventy - five cents ($.75) per week. ARTICLE VII WORK HOURS AND OVERTIME The work hours, overtime, and compensation with respect thereto for Employees are, as follows: (Except as otherwise provided herein., or as may be agreed upon between the City and a part -time Employee at the time of employment, as the provisions herein, including sick leave, vacations, and holidays, etc. are concerned with and apply only to full-time regular employees) Section 1. Hours of Work: Except as to those Employees whose duties such as Assistant to the Manager or Supervisor and whose hours of employment are and may be as agreed upon and approved by the City and the Employee, the regular work week of all regular full -time Employees shall be a period of forty (40) hours per week in each week consisting of eight (8) hours per day in a five - (5) day work week, provided that Saturday may be a work day for an Employee in place of any of the other preceding days of the week. All time worked in excess of forty (40) hours per week and /or in excess of eight (8) hours per day shall be paid for at the rate of one and one -half (1.' ;) times the straight time hourly rate, provided that overtime as computed at the end of the week shall be based only on the time actually worked and does not include the additional rates paid on any previous day. Any Employee who performs work in accordance with the above noted schedule of hours .during a regularly established work period is deemed a regular full-time Employee and any person who is employed to perform work on a temporary basis as a replacement for a sick or injured Employee or one on leave of absence or other- wise, or to meet the demands of business during so- called peak hours is deemed to be a part -time Employee. 60 RESOLUTION NO. 35 -1971 For purposes of record keeping, the city may and shall prepare a list of its regular full -time Employees, copies of which may be posted in appropriate places in the Liquor Store and provided to the Union from time to time to keep the same current and accurate. Full -time waitresses shall have the same shift as bar- tenders. Work week for full -time bartenders and waitresses shall remain at forty -five (45) hours. Time off for holidays shall be included in the forty - five (45) hour week. Section 2. Sick Leave: All regular full -time Employees with one (1) year or more of service shall be entitled to sick leave benefit for continuous illness up to twelve (12) days in any one year in accordance with Ordinance No. 182. Section 3. Call -in -Time; Employees shall receive full pay for all time spent in the service of the Employer. When called to work, Employees shall . be guaranteed a minimum of three (3) hours of pay, except as agreed to between the individual, Employer and the Uni-on. This provision does not authorize the establishment of regular three (3) hour shifts. Section 4. Except in cases of emergency or where it is clearly unavoidable, no Employees shall work overtime until all regular Employees on the seniority list have worked the full week. Section 5. The City shall maintain a satisfactory record of the starting and quiting time of Employees, which shall be accessible to the Business Representative of the Union at all times. Section 6. All work performed on the sixth (6) consecutive day by any regular full time Employee who has not been scheduled for a forty -eight (48) hour week shall be paid for at the rate of one and one -half (III-) times their regular hourly rate of pay. All time worked by any regular full -time Employees on the seventh (7th) consecutive work day of the same work week shall be paid for at the rate of two (2) times the regular hourly rate of pay. However, all regular full -time bartenders who work a forty -eight (48) hour week shall be compensated at the wage scale provided hereinafter. - Section 7. on all classifications when full -time work is available, senior Employees shall be given the first opportunity to work the full week if the senior Employees are available. There shall be no discrimination in favor of junior Employees. This shall operate within the classifications only. The Employer will not use this provision to establish any split shift. ARTICLE VIII WAGES Wages are to be paid in the manner and at the the Employer and the Employees covered by this the adoption of this Resolution. time which prevailed as between Resolution, immediately prior to i F i �L, fi 1 RESOLUTION NO. 35 -1971 PAGE 5 ARTICLE IX MILITARY LEAVE Any Employee called for military service or compulsory military training shall not lose his job or seniority standing by reason thereof, and any Employee hired in his place during his absence shall be so informed. ARTICLE X HOLIDAYS Section 1. A11 re ug 1ar full -time Employees shall receive full pay for New Years Da .January 1; Memorial Day. the last Mond a_in May; Independence Day, July .41, _.or Da, the first MI ndav in Se L�,mber Thanksgiving Da v, the _fourth Thursd_y in Nove._bers and Christmas tat Dece finer 25; provided hen New Year's ay, _Jacuar� o lr Indepecder_ce Day, July 4_ or Ct.ristmas Day, 2 Ll falls on Sunday, the _following day _shaIi be a holidy. They shall also receive full pay for their birthday in lieu of Good Fri -day. All regular full time Wm "I "v y, t,Le,PV cha11 receive double pav forT�incnin's andWashington'sbirthdathirdMc in February; Christopher Columbus Day, the second h'_onday in October; and 1 _Veterans Da} the fourth Monday in October, if called upon to work on these d�si which s at the_opt'on of the Liquor Store Manager. If the regular full time Employee is not called upon to work cn any of the three (3); aforementioned holidays. then such regular fall time Emp_iovee shall receive the day off with turt pay. It is further agreed that if a birthday given in lieu of Good Friday falls on Sunday or on the "day off" of a regular full time Employee that the Employee shall be allowed Monday off. If the birthday falls on another day, the Employee shall be given a day off during that work week. It is further agreed that Election Day shall be considered a work day, and regular full -time Employees scheduled to work shall report for work on Election Days. ARTICLE XI LEAVE OF ABSENCE, Section 1. The Employer agrees to grant reasonable and necessary time off with- out pay to any Employee designated to attend labor conventions or to serve in any capacity onother official union business. The Employee shall give the Employer reasonable notice in advance of such meetings in the event that alternate arrangements will be required. Section 2. Except for time off for business as provided above, an Employee desiring leave of absence from the job shall secure written permission from both the Union and the City. Failure to comply with this provision shall result in loss of seniority rights of the Employee involved, and subjects the Employee to discipline by loss of pay, suspension, discharge, or otherwise as is deemed appropriate by the City. i A r G RESOLUTION NO. 35 -1971 PAGE 6 Section 3. It shall be a violation of this Resolution for any salesman or promotional man working for a wholesale liquor house to work in any liquor store as an Employee Section 4. It was agreed by Management and Union that sick leave as a bonus be dropped. If "On -Sale" is discontinued and full -time Employees remain until the "On -Sale" liquor lounge is no longer under City operation, each full - time Employee shall receive one (1) week's pay for each year of service as a bonus. It was further agreed that the bonus would be on a basis of a minimum of two (2) weeks and a maximum of eight (8) weeks allowable for the full -time Employee. City to give a minimum of thirty (30) days notification to full -time Employees, before going out of "On -Sale" liquor business. Section 5. It was resolved that policy followed for other City Employees would apply and funeral leave would be granted to full -time Employees with a maximum of three days. ARTICLE. XIII - EMPLOYEE SUBSTITUTION No Employee shall be required to secure a substitute or replacement when such Employee is absent from work, and no Employee shall be permitted or authorized to provide asubstitute for himself when off duty for any reason whatsoever. i ' An Employee who is unable to work because of sickness or injury may obtain a leave of absence upon written notice to the City and written verification of his condition by a competent authority. Where the condition of the Employee is such that he in unable to act for himself, the Union may apply for such leave of absence in his behalf. Failure to make such application within a reasonable period of time and not to exceed fifteen (15) days from the first day of absence, subjects the Employee to appropriate discipline by the City. Inability to work because of sickness or injury shall not result in loss of seniority rights. ARTICLE. XII WAGE SCAIE Section 1. Bartenders - Part Time $4.10 Per Hour Bartenders - Full Time _4.10 _Per Hour Bartenders - New Part Time (1st 6 Months) 3.75 Per Hour Bartenders - New Full Time (1st 6 Months) 3.75 _Per Hour Waitresses - Part Time $22.88 Per Hour Waitresses - Full Time 2.74 Per Hour Waitresses - New Part Time (lst 6 Months) _2_.55__Per Hour Months) Waitresses - New Full Time (1st 6 2 Hour 35 Head Waitress _Per 7.00 Additional Per Week Regular and temporary Employees are on a six- (6)month probationary period. Section 2. It shall be understood and agreed that the City shall pay all ' regular full -time Employees serving on any jury the difference in salary between jury pay and his regular salary or pay while in such service. Section 3. It shall be a violation of this Resolution for any salesman or promotional man working for a wholesale liquor house to work in any liquor store as an Employee Section 4. It was agreed by Management and Union that sick leave as a bonus be dropped. If "On -Sale" is discontinued and full -time Employees remain until the "On -Sale" liquor lounge is no longer under City operation, each full - time Employee shall receive one (1) week's pay for each year of service as a bonus. It was further agreed that the bonus would be on a basis of a minimum of two (2) weeks and a maximum of eight (8) weeks allowable for the full -time Employee. City to give a minimum of thirty (30) days notification to full -time Employees, before going out of "On -Sale" liquor business. Section 5. It was resolved that policy followed for other City Employees would apply and funeral leave would be granted to full -time Employees with a maximum of three days. ARTICLE. XIII - EMPLOYEE SUBSTITUTION No Employee shall be required to secure a substitute or replacement when such Employee is absent from work, and no Employee shall be permitted or authorized to provide asubstitute for himself when off duty for any reason whatsoever. i I RESOLUTION NO. 35 -1971 ARTICLE XIV DISCHARGE PAGE 7 Section 1. Except as further provided, no Employee will be suspended or dis- charged without just cause, and the City will agree to give at least one (1) warning notice in writing of any complaint against such Employee. No warning notice need be given if the cause of discharge is drunkenness or dishonesty while on duty. Further, whenever the condition of the Employee is such that the City does not deem him able to properly perform the duties and functions of his employment, the City may relieve him from such duties without notice and shall give notice immediately within twenty -four (24) hours that the Employee has been relieved; but if, thereafter, it is established and determined that the Employee was in fact able to perform his duties, then the Employee shall suffer no loss of wage or compensation by reason that the City relieved him of his duties. The City shall send to the t'nion within twenty -four (24) hours after the suspension or discharge of an Employee, a copy of the discharge notice which shall contain the reason for the suspension or discharge. If the Employee feels that he has been unjustly discharged, the Union may protest thereof with the City and the matter shall be referred for settlement between t'ne City and the Union. Such protest by the Union, to be valid for consideration, shall be in writing and delivered to the City within fifteen (15) days of discharge. Section 2. Consistent with the provisions of this Resolution, the parties hereto may and shall formulate and agree upon shop rules and regulations to govern the conduct of Employees and such rules . and regulations shall remain in force and effect unless and until altered and amended by further agreement by the parties. Violation by any Employee of such rules and regulations subjects the Employee to appropriate disci_pli.nc, provided that should the Employee deny such violation, then before discipline is finalized, the matter may and shall be investigated by the City and the Union, and the dispute or grievance arising therefrom may be adjusted or referred to an Adjustment Panel as provided under Section 179.57, Minnesota Statutes Annotated. ARTICLE XV HEALTH AND WELFARE INSURANCE Section 1. With respect to pensions and health and hospitalization benefits, the regular full -time Employee is entitled to and shall receive the same as provided by the General Ordinance of the City of Fridley and in accordance with State Law. RESOLUTION NO. 35 -1971 PACE 8 1 Health and Welfare Insurance Coverage: A representative from the Union shall be included on a committee to make recommendations on the content of specifications for any new policy or negotiated changes to the present policy. Such recommenda- tions are subject to Council approval. Section 2. No health and welfare payment or pension payments are to be paid on part -time Employees. ARTICLE XVI Amendments may be made at any time to this Resolution by the City Council. ARTICLE XVII This Resolution shall be effective as of January 1, 1971 and shall remain in full force and effect until December 31, 1971 and shall remain in full force and effect from year to year thereafter unless written notice is given by either party sixty (60) days prior to December 31, 1971, or in any year thereafter. ' PASSED AND ADOPTED THIS 15TH _DAY OF MARCH 1971, BY THE CITY COUNCIL OF THE CITY OF FRIDLEY. 6)4 Jack 0. Kirkham ATTEST: CITY CLERK Marvin C. Brunsell The above Resolution setting forth working conditions, wages and hours for employees employed by the municipal liquor store (on -sale) is acceptable to members of Union Local Nos. 152 and 458 Fay Frawley, Union Locals #'152 and x`450 I recommend the City Council adopt the above resolution setting forth working conditions, wages and hours for employees employed by the municipal liquor store (on -sale) Marvin C. Brunsell, Acting city Manager S