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RES 1972-63 - 00008385RESOLUTION NO. 63 -1972 ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS EMPLOYEES EMPLOYED BY THE MUNICIPAL LIQUOR STORE FOR (OFF -SALE) WHEREAS, Brewing, Liquor, Soft Drink, Carbonated and Spring Water, Driver, Helpers and Inside Employees Union Local 792, as bargaining 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 working conditions, wages and hours for employees of the Off -Sale Store 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 (Off -Sale) be 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 conditions of employment for employees of the Fridley Municipal Liquor Stores as agreed to by the City of Fridley, hereinafter called the Employer, and Beer, Liquor, Soft Drink, Spring Water and Vending Drivers, Allied Sales Drivers, Helpers and Inside Employees Union Local 792, 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 Municipal Liquor Stores as set forth in this resolution. ARTICLE II EMPLOYER AUTHORITY Section, I. The Employer has and retains the sole right and responsibility to administer the Municipal Liquor Stores to meet the obligations established by Federal and State Law, City Charter or City Ordinances. Such right and responsibility is limited only to the extent specifically modified by 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, and Rul-s j and Regulations of the Fridley Municipal Liquor Department. This agreement supplements such hours, wages, and other 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. Ho ARTICLE III PAYMENT TO NON UNION EMPLOYEE , Section 1. The City agrees that the rules, regulations and conditions of employment negotiated relative to any employee of any Off -Sale Liquor Store who are not parties to or within the provisions of this Resolution shall not in any respect provide to such Off -Sale Liquor Store Employees more favorable, wage scale, terms and conditions than are contained in this Resolution for similar situations and/or job classifications and comparable working conditions. This section does not apply to Liquor Store Manager or the Assistant Liquor Store Manager. ARTICLE IV SETTLEMENT OF DISPUTES S£ction 1. Any claim of alleged violation of the wage and hour provisions of this agreement, or any other claimed grievance of any kind, to be valid and to receive consideration, must be filed in writing by the employee or his representa- tive specifying the details of the alleged violation, with the Employer within thirty (30) days after the regular pay day for the period in which the violation occurred. This shall not apply to discharge cases which shall be considered under Article XVIII. The thirty (30) day limitation shall not apply where there is collusion between the Employer and the Employee to violate the contract. Section 2. Any controversy arising from the interpretation of, or adherence to, the terms and provisions of this Resolution or otherwise, may be settled by e+fation between the Union and the Employer. If the controversy cannot be settled ` 41tifn ten (10) days of the date of notification of employer, such controversy can be r?aivred to an adjustment panel in accordance with and under the provisions of law. SecMn 3.. It is the intention of the parties that the procedure establish2d in this Resolution for the adjustment of disputes shall be in accordance with Law 4VAEable to Municipal Corporations and its Employees. That the means for the ination of all disputes, complaints or grievances specified herein, expressly itding all strikes, stoppages, lockouts, and any and all claims, demands or acts tresivxy therefrom, are and shall be in conformity with the requirements, of the Law. ieit'Pr party shall institute any proceedings in a court of law or equity, or to "3rUftration, contrary thereto. This provision shall be a complete defense i ction instituted contrary to this Resolution. Ar,TICLE V PICKET LINE W* Except as is otherwise provided or required of him by law, an employee is not obliged to pass through a picket line authorized by the Teamster JeUr cil No. 32. The Union agrees to do all in its power to effect a settlement IV a .�roversy which might arise with any other Union. i IL III ARTICLE VI OBTAINING INJURY COMPENSATION PAYMENTS Section 1. The Employer will cooperate with the Employee in obtaining injury compensation payments from his insurance carrier for just and legal claims. ARTICLE VII MILITARY SERVICE Section 1. An Employee on the seniority list inducted into military service under the provisions of the Federal Selective Service Training Act of 1940, and any amendments 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 Government into employment in a defense industry, will be considered upon written 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 Government 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 Government, and gives the employer at least ten (10) days notice in writing of intent to return, prior to reporting. ARTICLE VIII JOB STEWARD Section 1. The City authorizes the right and privilege of the ilnion 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 Board. ARTICLE IX SENIORITY Section 1. 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 (6) months. .112 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 X BOND f Section 1. Should the Employer require Employee to give bond, premium on same shall be paid by the Employer. ARTICLE XI i 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 nonth so worked; an employee who has worked eighty -four (84) successive months is ;entitled to one and one -half (11z) 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 the one iundred eighty -first (181st) month of consecutive employment. 'Except where other - ,xise provided by agreement between the City Manager and the Employee, no more than 'bventy (20) days vacation may be taken in any one calendar year. , Section 2. The oldest man in order of seniority shall have first preference in delecting his vacation time from a schedule posted by the Employer. S ch selection shall be made by April 1st of each year. If a selection is not Lade y April 1st, vacations shall be on a first come, first served basis. motion 3. If an Employee is 1 -aid off or is drafted into Military Service or defense work, or voluntarily enters Military Service with the United States >bvernment, he shall receive vacation pay on the basis of one - twelfth (1112) of the wcation period for each month or portion thereof worked if employed over six (6) unths,'but not to exceed any longer period than that granted for a full year's work. Tattion 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 l� ARTICLE XII a HOURS OF WORK Section 1. 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 proceding 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 appropriate places in the Liquor Store and provided to the Union from time to time to keep the same current and accurate. Section 2. 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 time. ARTICLE XIII SICK LEAVE Section 1. All regular full time Employees with six (6) months 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. The City will pay in cash on a three (3) for one (1) basis rather than converting to vacation on a three (3) for one (1) basis if the employee has one hundred twenty (120) days of sick leave accumulated and makes a request to management in writing. The balance of the sick leave policy to be the same as in Ordinance No. 182. ARTICLE XIV HOLIDAYS Section 1. All regular full time Employees shall receive full pay for New Years Dom, January 1; Memorial Day, the last Monday in May; Independence Day, Jul 4; Labor Day, the first Monday in Seotesber; 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 followinq daY shall be a holiday. They shall also receive full pay for their birthday in lieu of Good Friday. All reculer full tim-2 Employees thall receive double ay for Lincoln's and !•!ashiraton's birt'ndav, tCa t'nird ':onda in February; Cl;ristopher Columbus 1 the second iiondey in Octob =r; and Veterars Day, the fourth Ponday in October, if called upon to work on these days, which is at the option of the Liquor Store Nana er. If the regular full time Employee is not called upon to work on any of the three (3y— aforementioned holidays, then such regular full time Employee shall receive the day off with fu 1 pay. Section 2. 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. Section 3. 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. ARTICLE XV CALL -IN -TIME Section 1. Employees shall receive full pay for all time spent in the service of the Employer. When a regular employee is called back to work, and more than one (1) hour has elapsed since his work period ended, he shall be guaranteed a. minimum of three (3 ) hours pay (two (2) hours overtime), except as agreed to between the individual, Employer and the Union. If an 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. ARTICLE XVI PAY RECORDS Section 1. The City shall maintain a satisfactory record of the starting and quiting time of Employees, which shall be accessible to the Business Representati� of the Union at all times. ARTICLE XVII LEAVE OF ABSEPICE Section 1. The City agrees to grant the necessary time off without pay or discrimination 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 provide 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. 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 reasonalbe 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 :rork because of sickness or injury, shall not result in loss of seniority rights, 4 ARTICLE XVIII DISCHARGE 115, Section 1. Except as further provided, no Employee will be suspended or discharged 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 Union within twenty -four (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. ARTICLE XIX SHOP RULES Section 1. 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 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 arising therefrom may be adjusted or referred to an Adjustment Panel as provided under Section 179.57 - MSA. ARTICLE XX 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. ARTICLE XXI NOTICE OF CLOSING OF "OFF- SALE" STORE Section 1. It was agreed by Management and Union that sick leave as a bonus be dropped. If "Off -Sale" is discontinued and full time employee remains until the off -sale liquor store is no longer under City operation, that the full time employee shall receive one week's pay for each years service as a full time employee of the Liquor - Store Department as a bonus. It was further agreed I 116 that the bonus would be on a basis of a minimum of two weeks and a maximum of eight weeks allowable for the full time employee. City to give a minimum of thirty (30) ' days notification to full time employee, before going out of "Off -Sale" liquor business. , ARTICLE XXII FUNERAL LEAVE e Section 1. It is 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 XXIII { HEALTH & WELFARE BENEFITS , 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. 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 subject to Council approval. Section 2. No Health and Welfare payment or pension payments are to be paid on part time Employees. ARTICLE XXIV A; RATES OF PAY YEAR 1972 YEAR 1973 Section 1. Full Time Clerks 1st 6 Months $3.40 $3.58 Over 6 Months 3.65 3.83 Part Time Clerks 1st 6 Months 3.13 3.13 After 6 Months 3.38 3.338 Stockman 1st 6 Months 2.98 2.98 After 6 Months 3.23 3.23 Section 2. 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. A; x:17 ARTICLE XXV Section 1. This Resolution shall be effective as of January 1, 1972 and shall remain in full force and effect until December 31, 1973 and shall remain in full force and effect from year to year thereafter unless written notice is given by either partysixty (60) days prior to December 31, 1973 or in any year thereafter. ' This resolution shall be retroactive to January 1, 1972 in all respects except as herein noted. 1 PASSED AND ADOPTED THIS 15th DAY OF May 1972 BY THE CITY COUNCIL OF THE CITY OF FRIDLEY. ATTEST: c 9RVI C. &RUgSELL - CITY CIERK The above Resoluton setting forth working conditions, wages and hours for employees employed by the municipal liquor store (off -sale) is acceptable to members of Union Local #792. UN FON OC L 2792 I recommend the City Council adopt the above resolutin setting forth working conditions, wages and hours for employees employed by the municipal liquor store (off - sale). GERALD R. DAVIS - CITY MANAGER