RES 1971-64 - 000091391
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RESOLUTION NO. 64 - 1971
ESTABLISHING WORKING CONDITIONS, WAGES AND
HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY
PUBLIC WORKS AND PARK DEPARTMENTS
WHEREAS, International Union of Operating Engineers, Local No. 49, as
bargaining representative of the Employees of the City of Fridley Public Works
and Park Departments, has presented to the Council of the City of Fridley various
requests relating to the working conditions, wages and hours of employees of the
Public Works and Parks Department of the City of Fridley;
NOW THEREFORE, BE IT RESOLVED, by the City Council that the following condi-
tions of employment for the employees of the Fridley Public Works and Park Departments
are adopted and placed in effect, to wit;
ARTICLE I
PURPOSE
Section 1. The purpose of this resolution is:
a. To establish certain rules, regulations, hours, wages and other con-
ditions of employment for employees of the Public Works and Park
Departments as agreed to by the City of Fridley, hereinafter tailed
the Employer, and International Union of Operating Engineers, Local
No. 49, hereinafter called the Union.
b. To establish procedures for the resolution of disputes concerning
the provision of this resolution and /or application.
Section 2. The Mayor and City Manager are hereby authorized to enter into an
agreement with the Union concerning conditions of employment for
employees of the Public Works and Park Departments as set forth in this resolution.
ARTICLE II
Employer Authorit
Section 1. The Employer has and retains the sole right and responsibility to
administer the Public Works and Park Departments to meet the oblisa-
tions established by Federal and State Lair, City Charter or City Ordinances. Such
I right and responsibility is limited only to the extent specifically modified bj;
this Agreement.
Section. 2. The Employer and the Union agree that certain hours, wages and conditions
of employment are established by City Ordinance or Resolution, Manage-
ment Memorandum and Department Policy. This Agreement supplements such hours,
wages, and othe conditions of employment to the extent to which they are not in
conflict. If in conflict, the law, ordinance, resolution or rule or regulation
shall prevail.
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RESOLUTION N0, 64 -1971
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ARTICLE III
SETTLEMENT OF DISPUTES
Section 1. Grievances which arise during the period of employment of any
Employee shall be handled in the following manner:
Any claim of alleged violation of the provisions of this agreement, to be valid
and to receive consideration, must be filed in writing by the Employee or his
representative specifying the details of the alleged violation within ten (10)
days after the regular pay day for the period in which the alleged violation
occured.
The grievance shall be submitted to a Committee of three, made up of the Union
Steward and two other persons from the employee group. This Committee will
screen the grievance and attempt to determine if a grievance exists, or if the
problem stems from insufficient information about a particular matter. If the
Committee is unable to resolve the matter, the grievance will be forwarded to
management.
ARTICLE IV
SENIORITY
Section 1. The Employer hereby does recognize seniority rights to the extent
that:
a. Seniority will apply on all shift positions for the same
labor category.
b. Seniority will apply on vacations up to May 1st of each year.
After May 1st, vacations will be on a first come, first served
basis.
Employee does not establish seniority rights until he shall have worked a total
of six (6) months.
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RESOLUTION NO. 64 -1971
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ARTICLE V
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 Fmployee 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) consecutive
months is entitled to one and one -half (1'z) workdays of vacation for each month
worked beginning with the eighty -fifth (85th) month of consecutive employment.
An Employee who has worked one hunded eighty (180) successive months is entitled
to one and two - thirds (1 -2/3) workdays of vacation for each month worked beginning
with the one hundred eighty -first (181st) month of consecutive employment. Except
where otherwise provided by agreement between the City Manager and 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. Employees are not authorized to carry over from one year to the next
more than 5 days of vacation over what the employee had at the end
of the previous year, without express approval of his Department Head and the
City Manager.-
Section 3. 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 VI
HOURS WORKED
Section 1. The work week schedule for all employees of the Public Works and
Park Departments shall constitute a five day, forty hours work week
The Department Head is responsible for scheduling and assigning the weekly work
schedule.
Section 2. The City claims the authority to schedule employees work. A normal
work day for employees shall be 8 hours between 8:00 A.M. and 4:30
P.M. The normal work week shall be Monday through Friday.
'It is recognized
by the parties
that service
to public may require the establish-
ment of regular shifts
for some
employees on
a daily, weekly, seasonal, or annual
basis ether than
the normal 8 to
4 :30 day.
The employer wilL give advance notice
to the employees
affected by the
establishment
of work days different than the
normal employees'
wort: day except
during an
emergency.
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RESOLUTION NO. 64 -1971
PAGE 4
In the event that work is required because unusual circumstances such as
(but not limited to) fire, flood, snow, sleet, breakdown of municipal equip-
ment or facilities, no advance notice to the employees need be given. It is
not required that an employee working other than the normal workday be scheduled
to work more than 8 hours, however, each employee has an obligation to work
overtime if requested unless unusual circumstances prevent him from doing so.
It is also recognized by the parties that service to the public may require
the establishment of regular work weeks that schedule work on Saturdays and /or
Sundays. Employees who are regularly scheduled to be on duty Saturday and /or
Sunday will be granted two consecutive days off in lieu of Saturday and /or
Sunday.
ARTICLE VII
STANDBY PAY
Section 1. Employees who are designated by the City Manager to serve in a
"standby" status in behalf of the City on a Saturday or Sunday or
other holiday of the City to perform work as may be necessary to the public
interest on such day will receive as compensation for such service as "standby"
two hours of overtime pay for each day served in such status. If on any such
day the employee in "standby" shall actually perform work for the City, he shall
be entitled to compensation for each hour or portion thereof actually worked at
1' times the regular pay, which shall be in addition to the two hours standby
pay.
ARTICLE VIII
.OVERTIME
Section 1. When an employee is required to work in excess of 8 hours in one day, or
40 hours in one week, he shall be paid overtime. Overtime shall be
computed at 1z times the regular rate of pay. If an employee is called back to work
and more than 1 hours has elapsed since his work period ended, he will receive a
minimum ofl� hours overtime. If the employee is called to work early with no break
in service before his regularly scheduled work period starts, work performed is
considered normal overtime for the period of time actually worked. When the
assigned scheduled work day falls or are on Saturday or Sunday, no overtime will be
paid.
ARTICLE IX
EMPLOYEE EDUCATION PROGRtl
Section 1. The Education Program in effect is as outlined in City of Fridley
Memorandum No. 4 -1970 dated May 18, 1970 (attached)
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RESOLUTION NO. 64 -1971
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ARTICLE X
HOLIDAYS
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Section 1. Holidays include New Year's Day, January 1; Washington's and Lincoln's
Birthday, the third Monday in February; Memorial Day, the last Monday
in May; Independence Day, July 4; Labor Day, the first Monday in September;
Christopher Columbus Day, the second Monday in October; Veterans Day, the fourth
Monday in October; Thanksgiving Day, the fourth Thursday in November; and
Christmas Day, December 25; provided, when New Year's Day, January 1; or
Independence Day, July 4; or Christmas Day, December 25; falls on Sunday,
the following day shall be a holiday, and provided, when New Year's Day,
January 1; or Independence Day, July 4; or Christmas Day, December 25; falls
on Saturday, the preceding day shall be a holiday. If additional holidays are
granted by the City Council by ordinance, the employees covered by this resolution
will receive the benefit of such additional holiday.
ARTICLE XI
NORMAL SICK LEAVE
'.
Section 1.. Any employee who
is unable to work because of sickness or injury may
to the City. Written verifi-
obtain a leave of
absence upon notice
cation of his condition by a
competent medical authority
may be required. 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 notify the
City subjects the employee to
appropriate discipline by
the City.
Section 2. 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
sick leave away from employment with pay. Sick leave 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) day of sick leave
for each month worked, cumulative to one hundred twenty (120) days of sick leave.
After one hundred twenty (120) earned and unused days of sick leave have accumu-
lated, one (1) day additional vacation shall be granted to an employee for every
three (3) sick leave days earned and unused. The employee may elect, after ninety
(90) earned and unused days of sick leave have accumulated, to receive one (1)
day additional vacation for every three (3) sick leave days earned and unused.
Sick leave days shall not accumulate beyond one hundred twenty (120). Before any
sick leave compensation is paid, the City may request and is entitled to receive
from any employee who has been absent more than three (3) days in succession, a
certificate signed by a competent physician or other medical attendant certifying
to the fact that the absence was in fact due to sickness and not otherwise. The
City also reserves the right to have an examination made at any time of any person
claiming absence by reason of sickness; such examination may be made wizen the City
deems the same reasonably necessary to verify the sickness claimed and may be made
in behalf of the City by any competent person designated by the City.
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RESOLUTION N0. 64 -1971
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ARTICLE XII
INJURY ON JOB
Section 1. Any full time City Employee who has been employed by the City at
least six (6) months, injured on his regular job, shall be entitled
to full pay up to a period of ninety (90) days while he is absent from work by
reason of such injury and his accrued sick leave will not be charged until after
and beginning with the ninety -first (91st) day of absence from work by reason of
such injury, provided; however, the amount of any compensation shall be reduced
by any payment received by the injured employee from workmen's compensation
insurance. An employee who claims an absence from work due to an injury sustained
on his regular job is subject to an examination to be made in behalf of the City
by a person competent to perform the same and as is designated by the City.
ARTICLE XIII
DISCHARGE
Section 1. Except as further provided, no employee will be disciplined, ,
suspended or discharged without just cause. Notice of disciplinary
action to be mailed to employee's representative.
ARTICLE XIV
FUNERAL PAY
Section 1. Funeral leave will be granted to full time employees up to a maximum
of three days. Additional time may be requested in special circum-
stances. Funeral leave is granted in case of deaths occurring in the immediate
family. For this purpose immediate family is considered to be a spouse, child, "
parent, grandparent, brother or sister. -
ARTICLE XV
JURY PAY
Section 1. 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.
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RESOLUTION NO. 64 -1971
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ARTICLE XVI
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HEALTH AND HOSPITAL INSURANCE
Section 1. Regular full time Employees shall receive the same as other City
Employees, which policy at the present time provides that the City
pays for the Employee's Health and Hospital Insurance that the employee pays
for dependent coverage. The City also provides life insurance equal to annual
salary, with a maximum of $10,000. The City also provides additional AD&D
insurance equal to salary, with a maximum of $10,000.
Section 2. A representative from the employee group shall be included on a
committee which makes recommendations on the content of specifi-
cations for any new policy. Such recommendations are subject to Council approval.
ARTICLE XVII
RATES OF PAY
Section 1. 1971 Salaries:
.BASE PAY
Foreman $911 per Mo.
Senior Mechanic $861 per Mo.
Senior Sanitationman, Waterman, Park-
keeper & Streetman (Heavy Equip. Opr.) $838 per Mo.
Mechanic $838 per Mo.
Operations & Maintenance Specialist $803 per Mo.
Operations & Maintenance Man (Light $768 per Mo.
Equipment)
Sanitationman, Waterman, Parkman,
Streetman & Equip. Maintenance Man $718 per Mo.
Section 2. 1972 Salaries :,
To the above amounts will be added either:
A. The 1972 cost of living index described as being equal
to the percent increase based on the Twin City area
averages published by the U.S. Dept. of Labor, Bureau
of Labor Statistics, Chicago, from October, 1970 to
October 1971, to be effective January 1, 1972; or
B. $50 per month, whichever is greater.
6 MONTH
TRIAL PERIOD
$874 per Mo.
$828 per Mo.
$820 per Mo.
$803 per Mo.
$785 per Mo.
$718 per Mo.
ARTICLE XVIII
ADDITIONAL INCENTIVE PAY
Section 1. Incentive pay will be paid over and above the base rate of pay for
employees according to the following schedule, providing employees
have made demonstrable progress towards improving their proficiency for their
particular job title or job assignment;
After 5 years of service - 2z% of base salary rounded to the
nearest dollar amount
After. 10 years of service - 5% of base salary rounded to the
nearest dollar amount
After 15 years of service - 7� of base salary rounded to the
nearest dollar amount
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RESOLUTION NO. 64-1971
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ARTICLE XIX
Section 1. This Resolution shall be effective as of January 1, 1971, and shall
remain in full force and effect until December 31, 1972.
This Resolution shall be retroactive to January 1, 1971, in all respects except
as herein noted.
PASSED AND ADOPTED THIS 7TH
CITY COUNCIL OF THE CITY OF FRIDLEY
ATTEST:
MARV114-C. BRUNSELL, CITY CLERK
DAY OF
JUNE , 1971 BY THE
JACK 0. KI KIMIM, MAYOR
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The above Resolution setting forth working conditions, wages and hours for employees
of the Fridley Public Works and 'Park Departments is acceptable to members of Union
Local #49
Chester Swanson, Business Agent
Union Local No. 49
I recommend the City Council adopt the d)ove resolution setting forth working
conditions, wages and hours for employees of the Public Works and Park Departments
Marvin C. Brunse -11., Acting City [
City of Fridley