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RES 1978-25 - 00006878C' RESOLUTION NO. 25 -1978 A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL NO. 49, AFL -CIO (PUBLIC WORKS AND PARKS) WHEREAS, International Union of Operating Engineers Local No. 49, AFL -CIO as bargaining representative for certain Public Works and Park employees of the City of Fridley, has presented to the Twin City Suburban Section of the International City Managers Association, the designated representatives of the Council of the City of Fridley, various requests relating to the working conditions, wages and hours of employees of the Public Works and Park Departments of the City of Fridley, and WHEREAS, The City of Fridley has presented to the designated representatives of Local 49 various requests relating to working conditions, wages and hours of employees of the Public Works and Park Departments 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 agreement 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 employees of the City of Fridley Public Works and Parks Departments. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF FEBRUARY, 1978. MAYOR - WILLIAM J. NEE ATTEST: Dal CITY CLERK - M� A BRUfdSELL { 33 34 Resolution No. 25 -1978 (continued) INDEX 1978 AND 1979 LABOR AGREEMENT BETWEEN LOCAL NO. 49 AND CITY OF FRIDLEY ARTICLE I - PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . 1 ARTICLE II - RECOGNITION . . . . . . . . . . . . . . . . . . . . 1 ARTICLE III - UNION SECURITY . . . . . . . . . . . . . . . . . . . . 1 ARTICLE IV - EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . 1 ARTICLE V - EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . 2 ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . . . . . . . . 2 ARTICLE VII - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE VIII - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . 4 ARTICLE IX - WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . 4 ARTICLE X - OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XI - CALL BACK . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XII - LEGAL DEFENSE . . . . . . . . . . . . . . . . . 5 ARTICLE XIII - RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . . . 5 ARTICLE XIV - DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XV - SENIORITY . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XVI - PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . 5 ARTICLE XVII - SAFETY . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XVIII - JOB POSTING . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XIX - INSURANCE . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XX- HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XXI - VACATIONS . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XXII - STANDBY PAY AND MINIMUM CALL BACK FOR STANDBY EMPLOYEES ARTICLE XXIII - EMPLOYEE EDUCATION PROGRAM . . . . . . . . . . . . . 7 ARTICLE XXIV - NORMAL SICK LEAVE . . . . . . . . . . . . . . . . . . 7 ARTICLE XXV - INJURY ON JOB . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XXVI - FUNERAL PAY . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XXVII - JURY PAY AND WITNESS FEES . . . . . . . . . . . . . 8 ARTICLEXXVIII - MILITARY LEAVE . . . . . . . . . . . . . . . . 9 ARTICLE XXIX - SALARY SCHEDULE FOR THE YEAR 1978 AND 1979 . . . . . 9 ARTICLE XXX - INCENTIVE PAY (LONGEVITY) . . . . . . . . . . . . . 10 ARTICLE XXXI - UNIFORMS . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XXXII - SEVERANCE PAY . . . . . . . . . . . . . . 10 ARTICLE XXXIII - REPRESENTATIVE ON AREA WIDE NEGOTIATIONS . . . . 10 ARTICLE XXXIV - WAIVER . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XXXV - DURATION . . . . . . . . . . . . . . . . . . . . . 11 7 f"' ELI 35 Resolution No. 25 -1978 (continued) - Page 1 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL -CIO ARTICLE I PURPOSE OF AGREEMENT (M) This agreement is entered into between the City of Fridley, hereinafter called EMPLOYER, and Local No.49,International Union of Operating Engineers, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION (M) The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3 in an appropriate bargaining unit consisting of the following job classifications: (list of those non - supervisory, non - confidential employees) Chief Mechanic Sr. Sewer, Sr. Water, Sr. Park, Sr. Street (Heavy Equipment Operator) Mechanic Operations & Maintenance Specialist (Water, Sewer, Park, Street & General) Operations & Maintenance Person (Light Equipment)(Water, Sewer, Park & Street) Sanitation, Water, Park, Street and Equipment Maintenance Person ARTICLE III UNION SECURITY (M) In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this Article. ARTICLE IV EMPLOYER SECURITY (M) 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down other interruption of or interference with the normal functions of the EMPLOYER. 4.2 Any employee who engages in a strike may have his (her) appointment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his work assignment without permission, or who abstains wholly or in part from the full performance of his duties without permission from his (her) EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 36 Resolution No. 25-1978 (continued) Page 2 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re- employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of _employment, as he (she) may have theretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he (she) engaged in a strike. ARTICLE V EMPLOYER AUTHORITY (M) 5.1 5.2 ARTICLE VI 6.1 6.2 [IN The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (M) DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in con- formance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER designated represen- tative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREE- MENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. 17 Resolution No. 25 -1976 (continued) Page 3 Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days ' shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for com- pensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not ' answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY. If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 4 of ARTICLE VI. The aggrieved employee shall indicate 38 Resolution No. 25 -1978 (continued) Page 4 in writing which procedure is to be utilized - -Step 4 of ARTICLE VI or another appeal procedure - -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of ARTICLE VI. ARTICLE VII DEFINITIONS (M & L) 7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL -CIO. 7.2 EMPLOYER: The individual municipality designated by this AGREEMENT. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowances. 7.6 SENIORITY: Length of continuous service with the EMPLOYER. 7.7 COMPENSATORY TIME: Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 7.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 7.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eiaht (8) hours within a twenty- four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.10 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.11 STRIKE: Concerted action in failing to report for duty, the willfull absence from one's positon, the stoppage of work, slowdown, 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, privileges or obligations of employment. (L) 7.12 STANDBY PAY: Compensation for standing by at the City's request, or being available for work on days that are normally considered the employee's day off. ARTICLE VIII SAVINGS CLAUSE (M) This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX WORK SCHEDULES (M) 9.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 8:00 -4:30 day. The EMPLOYER will give advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or break- down of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent him from so working. F Resolution No. 25 -1978 (continued) Page 5 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X OVERTIME PAY (M) 10.1 Hours worked in excess of eight (8) hours within a twenty - four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one -half (1z) times the employee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid tVti- ce'for the same hours worked. ARTICLE XI CALL BACK (M & L) An employee cal scheduled shift will at one and one -half or early report to a the employee for the if less than one (1) ended. led in for work at a time other than his normal be compensated for a minimum of two (2) hours pay (1z) times the employee's base pay rate. An extension regularly scheduled shift for duty does not qualify two (2) hour minimum, nor does a call back to work hour has elapsed since the employee's work period ARTICLE XII LEGAL DEFENSE (M) 12,1 Employees involved in litigation because of negligence, ignorance of laws, non - observance of laws, or as a result of employees judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred bysuch employee in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT (M) Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV DISCIPLINE (M) The EMPLOYER will discipline employees only for just cause. ARTICLE XV SENIORTIY (M) Seniority will be the determining criterion for transfers, promotions and lay offs only when all other qualification factors are equal. ARTICLE XVI PROBATIONARY PERIODS (M) 16.1 All newly hired or rehired employees will serve a six (6) months' probationary period. 16.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. 4® Resolution No. 25 -1978. {continued) Page 6 ARTICLE XVII SAFETY (M) The EMPLOYER and the UNION agree to jointly promote safe arid healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII JOB POSTING (M & L) 18.1 The EMPLOYER and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to meet stand- ards of the job vacancy; and 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIODS) 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. (L) 18.5 Present qualified members of the bargaining unit will not be excluded from consideration for the position of Foreman. Foremen will not be covered by the same job posting and hiring practices as contained in the master contract. The City reserves the right to hire the best qualified person for the position, whether the employee under consideration is a present City employee or not. ARTICLE XIX INSURANCE (M & L) (L) 19.1 The City will pay for employee's Health and Hospital Insurance and the employee pays for dependent coverage, except as noted below. The City also provides life insurance equal to annual salary with a maximum of $10,000 for the employee. The City also provides additional AD &D insurance equal to salary, with a maximum of $10,000 for the employee. 19.2 The EMPLOYER will contribute up to a maximum of sixty - five dollars ($65.00) per month per employee for group health and life insurance, including dependent coverage for the year 1978 and up to a maximum of seventy -two dollars ($72.00) per month for the year 1979. ARTICLE XX HOLIDAYS (M) The EMPLOYER will provide ten (10) paid holidays for the year 1978 and ten (10) paid holidays for the year 1979. ARTICLE XXI VACATIONS (L) 21.1 Each employee of the City who has worked continuously for the City for a period of not less than six (6) successive months is entitled to a vacation away from employ- ment 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) consecutive months is entitled to one and one - half (12) 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 '1 41 Resolution No. 25 -1978 (continued) Page 7 (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 eight -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. 21.2 Employees are not authorized to carry over from one year to the next more than five (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. 21.3 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. 21.4 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. ARTICLE XXII STANDBY PAY AND MINIMUM CALL BACK FOR STANDBY EMPLOYEES (L) 22.1 Employees who are designated by the City Manager to serve in a "standby" status on 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 the over- time rate of pay, which shall be in additon to the two hours standby pay. 22.2 An employee who is on standby, and is called out to perform work, shall be paid a minimum of one (1) hour overtime for performing such work. ARTICLE XXIII EMPLOYEE EDUCATION PROGRAM (L) 23.1 The City will pay tuition costs for training courses relevant to the employee's present or anticipated career responsibilities at City approved institutions. The City will pay fifty percent of the cost of tuition in advance and the employee will pay the other fifty percent. The employee will be required to present to his Department Head a certification of satisfactory work when the course is completed. 23.11 Courses issuing a letter grade - a "C" or above is required. 23.12 Courses issuing a numerical grade - a "70" percentile is required. 23.13 Courses not issuing a grade - a certification from the instructor certifying that the student has satisfactorily participated in the activities of the courses is required. 23.2 If the employee satisfactorily completes the course, he will be reimbursed for the additional fifty percent tuition. The City will not reimburse the employee for fees which are charged for instruction, associated administrative expense, books, student membership, student health coverage and other charges for which the student receives some item or service. 23.3 The City will not reimburse the employee for expenses reimbursed under some other education system or program, i.e., G.I. Bill, ARTICLE XXIV NORMAL SICK LEAVE (L) 24.1 Any employee who is unable to work because of sickness or injury may obtain sick leave upon notice to the City. Written verification of his condition by a competent 42 Resolution No. 25 -1978 (continued) Page 8 medical authority may be required. Where the condition of the employee is such that he is unable to act for him- self, 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. 24.2 Each employee of the City who has worked regularly for the City for a period of not less than six (6) 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 six (6) 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 accumulated, 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 when 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. Sick leave is to be used normally for the sick- ness of the employee only, however, two sick days per year may be used for the following specified uses: (1) Serious illness of the spouse. (2) Serious illness of child. The special use days cannot be accumulated from one year to the next and if they are not used, they are included in the normal sick leave accumulation. ARTICLE XXV INJURY ON JOB (L) 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 XXVI FUNERAL PAY (L) In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following: spouse, child (natural or adopted), parent, grandparent, brother, sister, mother -in -law or father -in -law. ARTICLE XXVII JURY PAY AND WITNESS FEES (L) An employee who has been duly summoned for jury duty in any court or who has been duly summoned as a witness in any proceeding, shall be excused from work for the purpose of complying with such summons, and while absent from work in accordance therewith, such employee shall be entitled to receive as pay a sum of money equal to the difference between what he received as compensation for such jury duty or witness fees, and his regular pay. 43 Resolution No. 25-1978 .(continued) Page 9 ARTICLE XXVIII MILITARY LEAVE (L) Any employee absent from work in accordance with the order of a duly established military authority shall receive pay and compensation during such absence as is provided by State Law. The followina schedule of salaries represents the base salary for Chief Mechanic Heavy Equipment Operator (Sr. Sewer, Water, Park and Street) Mechanic Specialist (Sewer, Water, Park, Street and General) Light Equipment (Sewer, Water, Park, Street and Opr. and Maintenance Man) Sanitation, Water, Park, Street and Equipment Maintenance Person Chief Mechanic Heavy Equipment Operator (Sr. Sewer, Water, Park and Street) Mechanic Specialist (Sewer, Water Park, Street and General) Light Equipment (Sewer, Water, Park, Street and Opr. and Maintenance Man) Sanitation, Water, Park, Street and Equipment Maintenance Person 1978 BASE SALARY 1/1/78 THRU 12/31/78 After Two 1st Year 2nd Year Years $6 -87 $7 726 $7 -63 $6 -69 $7 786 $743 $6 -69 $7 796 $7 -43 1978 BASE SALARY 1/1/78 THRU 12/31/78 After Two 1st Year 2nd Year Years $6.93 $7.315 $7.70 $6.75 $7.125 $7.50 $6.75 $7.125 $7.50 $6 749 $6 785 V-21 $6.552 $6.916 $7.28 $6 729 $6 764 $6 799 $6 781 $6 735 $6 768 1979 BASE SALARY 1/1/79 THRU 12/31/79 After Two 1st Year 2nd Year Years $7.335 $7.743 $8.15 $7.155 $7.553 $7.95 $7.155 $7.553 $7.95 $6.957 $7.344 $7.73 $6.75 $7.125 $7.50 $6.471 $6.831 $7.19 $6.345 $6.698 $7.05 $6.066 $6.403 $6.74 Employees hired after December 31, 1976 will start at a wage rate equal to ninety (90) percent of the contract rate for the job classification into which the employee is hired for the employee's first year. This rate will increase to ninety -five (95) percent of the contract rate for the employee's second year, and move to the contract rate for the employee's third year of employment. , 44 Resolution No. 25 -1978 (continued) Page 10 ARTICLE XXX INCENTIVE PAY (LONGEVITY) (L) Incentive Pay will be paid over and above the base rate of pay for employees permanently hired prior to March 31, 1973 according to the following schedule: After 5 years of service - 22% 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 - 72% of base salary rounded to the nearest dollar amount 30.2 The City of Fridley has agreed to pay incentive pay to employees hired prior to March 31, 1973 in recognition of their prior service and contribution to the City of Fridley. Neither the City nor the Union will attempt to take away longevity or incentive pay for those persons hired prior to March 31, 1973, in future contracts. The amount of incentive pay for eligible employees will be negotiated for the affected employees. ARTICLE XXXI UNIFORMS (L) The City of Fridley will furnish uniforms to employees of the bargaining unit free of charge to the employee. The City reserves the right to select the type of uniform to be furnished. The City will agree to furnish rain equipment and special safety equipment for all employees. ARTICLE XXXII SEVERANCE PAY (L) 32.1 Employees permanently hired prior to March 31, 1973 are eligible for severance pay, according to the following schedule: 32.11 "An employee with forty -eight (48) or more consecutive months of employment will receive severance pay in cash based on one and one - half (1'z) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of same." 32.2 Employees hired after March 31, 1973 will not be eligible for severance pay. The City recognizes its prior commit- ment to employees permanently hired prior to March 31, 1973. Neither the City nor the UNION will attempt to reduce severance pay for those eligible employees in future contracts. ARTICLE XXXIII REPRESENTATIVE ON AREA WIDE NEGOTIATIONS (L) If the UNION chooses to use one of the personnel from the Fridley work force as a representative on the area wide bargaining unit for more than one year in three, Local No. 49 will pay the salary of such employee for the second year, for the time spent on area wide negotiations. The purpose is to spread the cost of such representation among the several communities involved in joint negotiations. ARTICLE XXXIV WAIVER (M) 1. Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employ- ment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superceded. n 45 Resolution No. 25 -1978 (continued) Page 11 2. The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXXV DURATION (M) This AGREEMENT shall be effective as of January 1, 1978, and shall remain in full force and effect until December 31, 1979. In witness whereof, the parties hereto have executed this AGREEMENT on this 27th day of February, 1978. FOR THE CITY OF FRIDLEY CITY MANAGER - NASIM M. QURESHI MAYOR - WILLIAM J. N FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 BUSINESS AGENT - JAMES E. BOEMER STEWARD - DONALD C. CARRIGAN STEWARD - CHESTER C. SWANSON I recommend to the City Manager and Council that the City of Fridley enter into the above AGREEMENT for the year 1977/78. MARVIN C. BRUNSELL, ASST— CITY MGR . /FIN. DIR.