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RES 1974-15 - 00007772RESOLUTION NO. 15 -1974 A RESOLUTION APPROVING AND AUTHOIRZING SIGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY MUNICIPAL LIQUOR STORE FOR THE YEAR 1974 WHEREAS, Beer, Liquor, Soft Drinks, Spring Water, Taxicab, Livery, Ambulance and Vending Drivers, Allied Sales Drivers, Helpers, and Inside Employees Union, Local No. 792, as bargaining representative of the Liquor employees of the City of Fridley, has presented to the Council of the City of Fridley various requests relating to the working conditions, wages and hours of employees of the Municipal Liquor Stores of the City of Fridley, and, WHEREAS, The City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of employees of the Municipal Liquor Stores of the City of Fridley, and WHEREAS, Representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City, and WHEREAS, Agreement has now been reached between representatives of the two parties on the proposed changes in the existing contract between the City and the Union. NOW, THEREFORE, BE IT RESOLVED, by the City Council that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A ") relating to working conditions, wages and hours of Municipal Liquor Store employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF JANUARY, 1974. W - FRANK 9. LIEVL ATTEST: w% E i. CITY CLR - MARV C. BRURTELL R RESOLUTION NO. 15 -1974 Page 2 Exhibit "A" LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND BEER, LIQUOR, SOFT DRINKS, SPRING WATER, TAXICAB, LIVERY, AMBULANCE AND VENDING DRIVERS, ALLIED SALES DRIVERS, HELPERS, AND INSIDE EMPLOYEES UNION, LOCAL NO. 792 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1974 between the City of Fridley, hereinafter called the EMPLOYER, and the BEER, LIQUOR, SOFT DRINKS, SPRING WATER, TAXICAB, LIVERY, AMBULANCE AND VENDING DRIVERS, ALLIED SALES DRIVERS, HELPERS, AND INSIDE EMPLOYEES UNION, LOCAL NO. 792, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT TO: Section 1. Assure sound and mutually benificial working and economic relationships between the parties hereto; Section 2. Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; and Section 3. Place in written form the parties' agreement upon terms and condition of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION through this AGREEMENT shall continue their dedication to the highest quality of service to the residents of the City of Fridley. Both parties recognize this AGREEMENT as a pledge of this dedication. Section 1. ARTICLE II RECOGNITION The EMPLOYER recognized the UNION as the exclusive representative under Minnesota Statutes, Section 179.71, Subdivision 3, for all liquor personnel in the following job classifications: 1. Full time Liquor Clerks 2. Part time Liquor Clerks Section 2. In the event the EMPLOYER and the UNION are unable to agree as to inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III , DEFINITIONS Section 1. UNION: The Beer, Liquor, Soft Drinks, Spring Water, Taxicab, Livery, Ambulance and Vending Drivers, Allied Sales Drivers, Helpers and Inside Employees Union, Local No. 792. Section 2. UNION MEMBERS: A member of the Beer, Liquor, Soft Drinks, Spring Water, Taxicab, Livery, Ambulance and Vending Drivers, Allied Sales Drivers, Helpers, and Inside Employees Union, Local No. 792. Section 3. EMPLOYEE: A member of the exclusively recognized bargaining unit. I ly RESOLUTION NO. 15 -1974 Page 3 Exhibit "A" Section 4. DEPARTMENT: The CITY OF FRIDLEY Liquor Department. Section 5. EMPLOYER: The CITY OF FRIDLEY. Section 6. CITY MANAGER - LIQUOR STORE MANAGER: Of the CITY OF FRIDLEY. Section 7. UNION OFFICER: Officer elected or appointed by the Beer, Liquor, Soft Drinks, Spring Water, Taxicab, Livery, Ambulance and Vending Drivers, Allied Sales Drivers, Helpers,and Inside Employees Union, Local No. 792. Section 8. OVERTIME: Work performed at the express authorization of the EMPLOYER inexcess of the employee's scheduled shift. Section 9. STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, priviledges or obligations of employment. Section 10. BASE RATE OF PAY: The employee's monthly rate of pay exclusive of any special allowances. Section 11. COMPENSATORY TIME: Time off during the employee's regularly scheduled work schedule equal in time to overtime worked. Section 12. SEVERANCE PAY: Payment made to an employee upon honorable separation of employment. ARTICLE IV EMPLOYER AUTHORITY Section 1. 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 Rules 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. ARTICLE V 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 Agreement, 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 Agreement for similar situations and /or job classifications and comparagle working conditions. This Section does not apply to Liquor Store Manager or the Assistant Liquor Store Manager. ARTICLE VI SETTLEMENT OF DISPUTES Section 1. Any claim oFalleged 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 representative specifying the details of the alleged violation, with the Employer within thirty (30) days after the regular pay -day zo RESOLUTION NO. 15 -1974 Page 4 Exhibit "A" for the period in which the violation occurred. This shall not apply to discharge cases which shall be considered under Article XX. 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 Agreement or otherwise, may be settled oy negotiation between the Union and the Employer. If the controversy cannot be settled within ten (10) days of,the date of notification of employer, such controversy can be referred to an adjust- ment panel in accordance with and under the provisions of law. Section 3. It is the intention of the parties that the procedure established . in this Agreement 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, stoppages, lockouts, and any and all claims, demands or acts arising therefrom, are and shall be in conformity with the requirements, of the Law. Neither party shall institute anv proceedings in a rnurt of law or equity, or to compel arbitration, contrary thereto. This provision shall be a complete defense to any action insutituted contrary to this Agreement. ARTICLE VII PICKET LINE Section 1. 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 Joint Council No. 32. The Union agrees to do all in its power to effect a settlement of any controversy which might arise with any other Union. ' ARTICLE VIII " 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 IX 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 resp- ectively, 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 Goverment 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 XI JOB STEWARD Section 1. 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 Board. 21 RESOLUTION NO. 15 -1974 Page 5 Exhibit "A" ARTICLE XI 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. 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 amoung themselves. ARTICLE XII ' BOND Section 1. Should the Employer require Employee to give bond, premium on same shall be paid by the Employer. ARTICLE XIII 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 (la) 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 (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 the Employee, no more then twenty (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 selecting his vacation time from a schedule posted by the Employer. Such selection shall be made b Aril 1st of each year. If a selection is not made y pril M, vacations shall Section 3. If an Employee is laid off or is drafted into Military Service or d:fense 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 eriod 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. 22 RESOLUTION NO. 15 -1974 Page 6 Exhibit "A" Section 4. In the event of regular full time Employee quits or his employment is severed for any reason whatsoever, he shall receive his earned vacation pay. ARTICLE XIV ' 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 (12) time 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 per - forms 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 XV 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 XVI HOLIDAYS Section 1. All regular full time Employees shall receive full pay for New Years Day January 1 Memorial Day, the last Monday in May; in�ronandonra nav_ .lulu a or nay. t e first Monday in September; or receive full pay for their birthd regular full time Em to ees shall an as inaton s birt ay, t e t M. s stmas ' or fits on holiday. ]hey sna]i also n lieu of Good Friday. All eive double pay for Lincoln's n October, it called upon t n of tTie Liquor Store -nna s not called upon to work o nn1irlays_ then ruch reau ar e ar i 23.9 RESOLUTION NO. 15 -1974 Page 7 Exhibit "A" 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 XVII 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 XVIII PAY RECORDS Section 1. The City shall maintain a satisfactory record of the starting and quitting time of Employees, which shall be accessible to the Business is Representative of the Union at all times. ' ARTICLE XIX LEAVE OF ABSENCE 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 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 provis- ion 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 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 XXI DISCHARGE 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 drunken- ness 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 24 RESOLUTION NO. 15 -1974 Page 8 Exhibit "A" 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 sent to the Union within twenty -four (24) hours after suspension or aischarge 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 XXI SHOP RULES Section 1. Consistent with the provisions of this Agreement, 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. 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 XXIII 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 employees remain until the off -sale liquor store, is no longer under City operation, that the full time employees shall receive one week's pay for each year's service as a full time employee of the Liquor Store Department as a bonus. It was further agreed 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 thrity (30) days notification to full time employee, before going out of "Off -Sale" Liquor business. ARTICLE XXIV ' FUNERAL LEAVE 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 XXV 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 25 1' RESOLUTION NO. 15 -1974 Page 9 Exhibit "A" 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 recommendations subject to Council approval. Section 2. No Health and Welfare payment or pension payments are to be paid on part time Employees. ARTICLE XXVI RATES OF PAY YEAR 1974 Section 1. Full Time Clerks lst 6 Months $ 3.67 After 6 Months --T.—TF After 1 year 4.06 Part Time Clerks 1st 6 Months 3.40 After 6 Months 3.58 Section 2. It shall be a violation of this Agreement for any salesman or promo- tional man working for a wholesale liquor house to work in any liquor store, as an employee. ARTICLE XXVII DURATION This Agreement shall be effective as of the 1st day of January, 1974 and shall remain in full force and effect until the thirty -first day of December 1974. In witness whereof, the parties hereto have executed this Agreement on this 1st day of January 1974. FOR CITY OF FRIDLEY FOR BEER, LIQUOR, SOFT DRINKS, SPRING WATER, TAXICAB, LIVERY, AMBULANCE AND VENDING DRIVERS, ALLIED SALES DRIVERS, HELPERS, AND INSIDE EMPLOYEES UNION, LOCAL NO. 792 I hereby recommend to the City Council approval of this agreement. MARVIN C. BRUNSELL 'G