Loading...
RES 1971-36 - 000086530 � r 65 , l , RESOLUTION NO 36 -1971 ESTAMJST1 "1?:C WORKINC CONDITTONS, WACP..S AND HOURS FOR EMPLOYFES F?IPLOYF.D BY TH1: aii`:ICIPA?. LIQC, ?R ST02: (OFF - SALE) WHEREAS, Brewing, Liquor, Soft Drink, Carbonated and Spring Water, Driver, Helpers and Inside Employees Union local 792, as bargeini -ng representatives of the employees of the Off -Sale Store of the Municipal Liquor Store of the City of Fridley, has presented to the Council of the City of Fridley, a resolution relating to the c•:orking conditions, wages and 'hours for employees of the Off'-S,710 Store.- of tike 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 (Off -Sale) be adopted and placed in effect, to -w t; ARTICLE I Section 1. The employer will not enter into any agreement or contract o:i' his Employees, individually or collecti- vel.g, which in any :ay coa.i.icts .with the terms and provisions of this - Resolu t on. Section_ 2. P4,ckAt`'1line`. Except as is otherwise provided or required of him by iaw, an employee is not obliged to pass through a. picket line authorized by the Teamsters Joint Council No. 32. The Union agrees to do all in its povcr to effect a settlement of any controversy which might arise with any o her union. 'Section 3. The Employer will cooperate with the Employee in obtaining injur_•, co ❑�p�r- sation payments from his insurance carrier for just and legal Section 4. Any claim of alleged violation of the wage and hour provisions of this - - - - - -- agrecme-'f, or any o lrur clain,._d grievance of any kind, to he valid sud to receive consideration, must be filed in writing by the employee or his representa- tive specifying the details of the alleged violation, c•;ith the Employer ulthin thirty (30) Days after the regular pay day for the period in which the violation occurred. This shall not al -?,v to dl �-?r�� cases which shall be cons idercd undr.r Article N. The thi.tty (30) 1.'s. <<iu,: sla11 cot 11 %lly where there is enl.i.aion be L'cl f: E'il the I Tpi' -•:er aG.d thC' E.Ppl 0�2C .-., liolFt, ' n "_ contract. i (� 6 RESOLUTION NO. 36 -1971 PAGE 2 Section 5. The City agrees that the rules, regulations and conditions of e.;.iployment negotiated relative to any employee of any Off -Sale Liquor Store who are not parties to or within the provisions of this ReSOlntiOn shall not in any respect provide to such off -Sale Liquor Store Employees mere favorable, ,:age scale, ter-'s and conditions than are contained in the within Resolutio:1 for similar situations and /or job classifications and comparable working conditions. ARTICLE II An Employee on the seniority list inducted into military service under the provisions of the Federal Selective Service T*_aining Act of 1940, and any amendm,nt_s that may be hereafter, or voluntarily enlisting into the Military Service of the United States in time of war for the duration of the war, or compulsorily inducted by the Federal Covernment into employment in a defense industry, will be considered upon wirtten notice thereof from the employee to be upon leave of absence and will accumulate seniority during such compulsory military service training period, for the duration of such war respectively, and upon termination of such service will be re- employed in line with his seniority, at the then current rate for such work, provided he has not been dishonorably discharged from such service with the United ' States Covernment and is qualified and able to do work available, and further provided he reports for work within ninety (90) days of the date he is discharged from such service with the United States Cove- nment, and gives the employer- at least- ten (10) days notice in writing of intent to return, prior to reporting. ARTICLE. III Any controversy arising from the interprestation of, or and provisions of this Resolution or otherwise, may be the Union and the Employer. If the controversy cannot days, such controversy can be referred to an adjustment and under the provisions of law. ARTICLE. IV adherence to, the terms settled by negotiation between be settled with ten (10) panel in accordance with The City authorizes the right and privilege of the Union to designate a job steward to handle such Union business as may from time to time be delegated to the job steward by the Union Executive B9 ard. ARTICLE V , SENIOI :YI'i The Employer hereby does recognize seniority rights to this extent that: A. Employee 1a}offs and return to service may be on the basis of l.em;th of servi.cr except as noted in "0" below. �i O 7 RESOLUTION NO. 36 -1971 PAGE 3 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 (6) months. D. Except as to present job incumbents, residents of the City of Fridley shall be given preference in matters of layoffs and return to work, all else being equal. E. Seniority rights do not include tenure. F. Seniority shall not apply to part time Employees except among .themselves. ARTICLE VI BOND Should the Employer requre Employee to give bond, premium on same shall be paid ' by the Employer. ARTICLE VII VACATIONS 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 (1,) workdays of vacation for each month worked be- ginning with the eighty -fifth (85th) month of consecutive employment.. An employee who has worked one hundred eighty (180) 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. E'ccept where other- wise 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_cf each Year. If a selection is not may 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 enter 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 arty longer period than that granted for a full year's work. Y W v RESOLUTION NO. 36 -1971 PAGE 4 _.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 vaca- tion pay. ARTICLE VIII 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 otherwise, or to meet the demands of business during so called peak hours is deemed to be a part time Employee. 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 approp- riate places in the Liquor Store and provided to the Union from time to time to keep the same current and accurate. 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. Holidays: All regular full time Employees shall receive full pay for New Years Day, January _1; Memorial Day. the last Monde in May Independence Day, July 4; Labor Dam the first sionday in Se _ember, Thanksaziving Day, the fourth Thursday in Noverber; and Christmas Da,, D_c_ember 25; provided when New Year's Da�v, Jancarv_1, or Indep endenc_,Day, July 4; or Christmas Dwi December 25L_fa11s on Sunday, the following dam; sha11_be a holiday. They shall also receive fu11 pay for their birthday in lieu of Cood Friday, All regular full time Employees shall receive double pay for Lincoln's and'va.shington's birthday, the third Monday in February; Christopher Columbus Da%,, the second Monday in _October; and yet_era.ns Day,_the fourth Monday, in October, i.f_called upon to work on these days, which is at the option of the Liquor Store MManager. If the regular full time Emplo ey e is not c_a11ed ❑pon to work on any of the three (3) aforementioned holidays, then such regular full time Employee shall receive the day off with full pav, 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 fails 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 workday and a regular full time Employee scheduled to work shall report for work on Election Days. n i' RESOLUTION NO 36 -1971 Section 4. 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 pay, except as agreed to be- tween the individual, employer and the union. Section 5. 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 6. The City shall maintain a satisfactory record of the starting and quiti.ng time of Employees, which shall be accessible to the Business Representative of the Union at all times. M ]MMMI M ILEAVE OF ABSENCE Section 1. The City agrees to grant the necessary time off without pay or dis- c PAGE 5 crimination or loss of seniority to any regular full time Employee designated by the Union to attend conventions or to serve in any capacity on �- other official Union business. 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 ti -e City. 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 medical authority. Where the condition of the Employee is such that he is 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 no result in loss of seniority rights. TO RESOLUTION NO. 36 -1971 ARTICLE X DISCILARCE -k PAGE. 6 Section 1. Except as further provided, no Employee will be suspended or discharged without just cause, and the Ci.ty will agree to give at least one (1) warning notice in writing of any counplaint 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 ma,� 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 Union within twenty -.'our (24) hours after 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 the City and the Union. Such protest by the Union, to be valid for consideration, shall be in writing and delivered to the ' City within five (5) days of discharge. Section 2. Consistent with the provisions of_t` ;i.s 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 discipline 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 aris`. ing therefrom may be adjusted or referred to an Adjustment Panle as provided under Section 179.57 - MSA. ARTICLE XI It is the intention of the parties that the procedure established in this Resolution for the adjustment of disputes shall be in accordance with Law 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, stopper -es, lockouts, and any and all clams, demands or acts arising therefrom, are and shall be in conformity with 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 action i_nsti..tutcd contrary to this Rcc1,ti.o:.. I RESOLUTION NO. 36 -1971 Section 1. ARTICLE XII RATE OF PAY Full Time Clerks Part Time Clerics New Full Time Clerks (1st 6 Months) New Part Time Clerks (1st 6 Months) Stockman New Stockman (1st 6 Months) wf PAGE 7 Section_ 2. It shall be understood and agreed that the City shall pay all regular full time Employees serving on anv 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. Part time Employees working twenty (20) hours per week or less, may receive ten cents ($.10) per hour less than the rates listed above. Section 5. It was agreed by Management and Union that sick leave as a bonus be dropped. If 'Off -Sale" is discontinued and full tima employee remains until the off -sale liquor lounge is no longer under City operation, that the full time employee shall receive one weeks pay for each years s^_r✓ice as a bo ^.us. it was further agreed that the bonus :could be on a basis of a minimum- of two weeks and a maximum of eight weeks allowable for the full time e-mployee. City to give a minimum of 30 days noti- fication to full time employee, before going out of "Off -Sale" liquor business. Section 6. 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 Section 1. With respect to pensions and health and hnspitalization benefits, the regular full time Employee is entitled to and shall receive the same. as provided by the General Ordinance of the City of Yridley and in accordance with State Lace. Health and Welfare Insurance Coverage. A representative from the Union, s'iall be included on a committee to make reeomnaendations on the content of specifications for any nec-, policy or ne,�oti_ated changes to the present policy. Such recomnr nd,a- tions subject to Council approval. _ Section 2. No Health and Welfare payment or pension payrients are to be paid on -- _._.__ --_--- part time Employees. r i I Per flour ,13.48 3.3E Per Pour Per Boar _3.23 Per Hour _3.13 3.23 Per Hour 2.98 Per Hour wf PAGE 7 Section_ 2. It shall be understood and agreed that the City shall pay all regular full time Employees serving on anv 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. Part time Employees working twenty (20) hours per week or less, may receive ten cents ($.10) per hour less than the rates listed above. Section 5. It was agreed by Management and Union that sick leave as a bonus be dropped. If 'Off -Sale" is discontinued and full tima employee remains until the off -sale liquor lounge is no longer under City operation, that the full time employee shall receive one weeks pay for each years s^_r✓ice as a bo ^.us. it was further agreed that the bonus :could be on a basis of a minimum- of two weeks and a maximum of eight weeks allowable for the full time e-mployee. City to give a minimum of 30 days noti- fication to full time employee, before going out of "Off -Sale" liquor business. Section 6. 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 Section 1. With respect to pensions and health and hnspitalization benefits, the regular full time Employee is entitled to and shall receive the same. as provided by the General Ordinance of the City of Yridley and in accordance with State Lace. Health and Welfare Insurance Coverage. A representative from the Union, s'iall be included on a committee to make reeomnaendations on the content of specifications for any nec-, policy or ne,�oti_ated changes to the present policy. Such recomnr nd,a- tions subject to Council approval. _ Section 2. No Health and Welfare payment or pension payrients are to be paid on -- _._.__ --_--- part time Employees. r i I r2 RESOLUTION NO. 36 -1971 ARTICLE XIV 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. This Resolution shall be retroactive to January 1, 1971 in all respects except as herein noted. PASSED AND ADOPTED THIS 15TH DAY OF COUNCIL OF THE CITY OF FRIDLEY. ATTEST: 19h lr1 � - MARVIN C. BRUNSELL, CITY CLERK MARCH 1971 BY THE CITY JACK 0, KIKtt1M, MAYOR f PAGE 8 The above Resolution setting forth working conditions, wages and hours for employees employed by the municipal.liquor store (off -sale) is acceptable to members of Union Local -0792 Warren Johnson, Union Local ';792 cl I recommend the City Council adopt the above resolution setting forth working conditions, wages and hours for employees employed by the municipal liquor store (off -sale) �—y Id r? - Marvin C. Brunsell, ?sting City Man_:_,: P.