RES 1983-05 - 00005628RESOLUTION NO. 5 - 1983
RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN
EMPLOYEES REPRESENTED BY LOCAL NO. 49, AFL -CIO (PUBLIC
WORKS AND PARKS) FOR 1983 -1984
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 City of Fridley various requests
relating to the working conditions 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 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 to the existing agreement between the City and
the Union;
NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that such agreement is
hereby ratified and that the Mayor and the City Manager are hereby authorized
to sign the attached Agreement (Appendix A) relating to working conditions of
employees of the City of Fridley Public Works and Park Departments.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH DAY OF
JANUARY, 1983.
✓WILLIAM J. - MAYOR
ATTEST:
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AND THE
IITPII2NATIONAL UNION OF OPERATING ENGINEERS MOE)
LOCAL NJ. 491
AFL-CIO
JANUARY 1, 1983 - DECEMBER 31, 1984
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APPENDIX A
LABOR AGREEMENT
MASTER
BETWEEN THE
METROPOLITAN AREA MANAGEMENT ASSOCIATIDN
(MAMA)
Blaine
REPRESENTING THE CITIES OF:
Eden Prairie
New Hope
Brooklyn Center
Edina
Oakdale
Brooklyn Park
Fridley
Richfield
Burnsville
Golden Valley
Robbinsdale
Circle Pines
Hopkins
Roseville
Columbia Heights
Minnetonka
St. Anthony
Cottage Grove
Mounds View
St. Louis Park
Crystal
White Bear Lake
AND THE
IITPII2NATIONAL UNION OF OPERATING ENGINEERS MOE)
LOCAL NJ. 491
AFL-CIO
JANUARY 1, 1983 - DECEMBER 31, 1984
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EBZ= PEGS
I PURPOSE OF AGRFIM4T . . . . . . . . . . . . . . . . . . . . 1
II RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . 1
III ANION SECURITY . . . . . . . . . . . . . . . . . . . . . . . 1
IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . 2
V EMPLOYER AUTHORITY. . . . . . . . . . . . . . . . . 2
VI EMPLOYEE RIGHI5--GRIEVANCE PROCEDURE . . . . . . . . 2
VII DEFINITIONS . . . . . . . . . . . . . . . . . . . . . 5
VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . 6
IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . 6
X OVERTIME PAY . . . . . . . . . . . . . . . . . . . . . . . 6
XI CALL BACK . . . . . . . . . . . . . . . . . . . . . . . . 7
XII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . . . 7
XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . . . . . . . 7
XIV DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . 7
XV SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . 7
XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . . . 7
XVII SAFETY. . . . . . . . . . . . . . . . . . . . . . . . . 8
XVIII JOB POSTING . . . . . . . . . . . . . . . . . 8
XIX INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 8
XX HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . 9
XXI SCOPE OF AGREEMENTS . . . . . . . . . . . . . . . . . . 9
XXII WORKING CUT OF CLASSIFICATION . . . . . . . . . . . . . . . 9
XXIII WAIVER . . . . . . . . . . . . . . . . . . . . . . 9
XXIV DURATION . . . . . . . . . . . . . . . . . . . .10
APPENDIX A - WAGES . . . . . . . . . . . . . . . . . . . . .11
APPENDIX B - LOCAL ADDENDUM . . . . . . . . . . . . . . . .12
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M •'• • •H'SIS IS
4his AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called
the EMPLOYER, and Local No. 49, International Union of Operating Engineers,
AFL -CIO, 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 this 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.
The EMPLOYER recognizes the UNION as the exclusive representative, under
Minnesota Statutes, Section 179.71, Subdivision 3, in an appropriate
bargaining unit consisting of the following job classifications:
ARTICLE III. UNION SECURITY
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
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3.2 Remit such deduction to the appropriate designated officer of the UNION.
3.3 Zhe 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 under the provisions of this Article.
ARTICLE IV. EMPLOYER SECURITY
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.
ARTICLE V.
5.1 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.
5.2 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.
. •� M P 1• • 71 H' ti H' � • "�•MD1�1'
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A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of
this AGREEMENT.
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.
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
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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.
Grievances as defined by Section 6.1, shall be resolved in conformance
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
representative 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 AGREEMENT 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.
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
1 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 the Minnesota Bureau of Mediation Services. A
grievance not resolved in Step 4 may be appealed to Step 5
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within ten (10) calendar days following the EMPLOYER'S final
answer in Step 4. Any grievance not appealed in writing to
Step 5 by the UNION within ten (10) calendar days shall be
considered waived.
Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall
be submitted to arbitration subject to the provisions of the
Public Employment Labor Relations Act of 1971, as amended. 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.
6.6
6.7
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 the 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 compensating 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.
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.
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If, as a result of the EMPLOYER response in Step 4, 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 to Step 5 of ARTICLE
VI or a procedure such as: Civil Service, Veteran's Preference, or Fair
Employment. If appealed to any procedure other than Step 5 of ARTICLE
IV the grievance is not subject to the arbitration procedure as provided
in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in
writing which procedure is to be utilized —Step 5 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 5 of ARTICLE VI.
ARTICLE VII. DEFINITIONS
1U �J�I
The International Union of Operating Engineers, Local No. 49, AFL-CIO.
7.2
The individual municipality designated by this AGREEMENT.
7.3 UNION MEMBER
A member of the International Union of Operating Engineers, Local 49,
AFL-.CIO.
a 8 4x
A Member of the exclusively recognized bargaining unit.
The employee's hourly pay rate exclusive of longevity or any other
special allowance.
PJ e G MM
Length of continuous service in any of the job classifications covered
by ARTICLE II - RECOGNITION. Employees who are promoted from a job
classification covered by this AGREEMENT and return to a job
classification covered by this AGREEMENT shall have their seniority
calculated on their length of service under this AGREEMENT for purposes
of promotion, transfer and lay off and total length of service with the
EMPLOYER for other benefit under this AGREFN=.
�
Payment made to an employee upon honorable termination of employment.
Work performed at the express authorization of the EMPLAYER in excess of
either eight (8) hours within a twenty -four (24) hour period (except for
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shift changes) or more than forty (40) hours within a seven (7) day
period.
Return of an employee to a specified work site to perform assigned
duties at the express authorization of the EMPIAYER at a time other than
an assigned shift. An extension of or early report to an assigned shift
is not a call back.
ARTICLE VIII SAVINGS CLAUSE
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 provisions 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
9.1 The sole authority is 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 sane employees on a daily, weekly, seasonal, or annual basis other
than the normal 8:00 -4:30 day. The EMPLOYER will give seven (7) days
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 breakdown 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 the employee from so working.
9.4 Service to the public may require the establishment of regular work
weeks that schedule work on Saturdays and/or Sundays.
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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 (1 -1/2)
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
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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 twice for the same
hours worked.
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An employee called in for work at a time other than the employee's normal
scheduled shift will be compensated for a minimum of two (2) hours' pay at one
and one -half (1 -1/2) times the Employee's base pay rate.
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12.1 Employees involved in litigation because of negligence, ignorance of
laws, non- observance of laws, or as a result of employee 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 the employee's employment, when such act is performed in good
faith and under direct order of the employee's supervisor, shall be
reimbursed for reasonable attorney's fees and court costs actually
incurred by such employee in defending against such charge.
ARTICLE XIII RIGHT OF
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
The EMPLOYER will discipline employees only for just cause.
ARTICLE XV SENIORITY
15.1 Seniority will be the determining criterion for transfers, promotions
and lay offs only when all job - relevant qualification factors are equal.
15.2 Seniority will be the determining criterion for recall when the
job - relevant qualification factors are equal. Recall rights under this
provision will continue for twenty -four (24) months after lay off.
Recalled employees shall have ten (10) working days after notification
of recall by registered mail at the employee's last known address to
report to work or forfeit all recall rights.
ARTICLE XVI
16.1 All newly hired or rehired employees will serve a six (6) months'
probationary period.
16.2 All employee's will serve a six (6) months' probationary period in any
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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 denoted or reassigned to the employee's previous postion
at the sole discretion of the EMPLOYER.
ARTICLE XVII SAFETY -1
The EMPLOYER and the UNION agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work
in a safe manner.
ARTICLE XVIII JOB POST=
18.1
The EMPIDYER 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 the standards 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
PERIOD).
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.
19.1 The EMPLOYER will contribute up to a maximum of one hundred and twenty -
five dollars ($125.00) per month per employee for group health and life
insurance including dependent coverage.
19.2 By mutual agreement employees may use ten dollars ($10.00) of the
$125.00 per month per employee of health insurance dollars for dental
insurance for all unit employees.
19.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER
expense for any additional insurance than the individual group health
M:1c
and group life insurance. Additional life insurance can be purchased by
employees at the employee's expense to the extent allowed under the
EMPLOYER'S group policy.
ARTICLE XX HOLIDM
The EMPLOYER will provide eleven (11) paid holidays.
ARTICLE XXI SCOPE OF AGREEMENTS
No addendum to this MASTER AGREEMENT can be in conflict with this MASTER
AGREEMENT.
ARTICLE XXII WORKING OUT OF CLASSIFICATION
Employees required by the EMPIUYER and who are adjudged by the EMPLOYER to be
qualified to operate the following items of equipment will be paid the Heavy
Equipment Operator rate of pay for those hours assigned to the unit:
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23.1 Any and all prior agreements, resolutions, practices, policies, rules
and regulations regarding items and conditions of employment, to the
extent inconsistent with the provisions of this AGREEMENT, are hereby
superseded.
23.2 The parties mutually acknowledge that during the negotiations which
resulted in this AGREE ENT, each had the unlimited right and opportunity
to make demands and proposals with respect to any terms or conditions 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 the knowledge or contemplation of either or both
parties at the time this contract was negotiated or executed.
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ARTICLE XXIV DURATION
This AGpXDE NT shall be effective as of January 1, 1983 and shall remain
in full force and effect until the 31st day of December, 1984, except
that either party may reopen for negotiations for calendar 1984 the wage
rates in APPENDIX A and the dollar insurance amount as shown in ARTICLE
19.1 and 19.2.
IN WITNESS WHEREOFF the parties hereto have executed this AGREEMENT on
this 16th day of December, 1982.
FOR THE METROPOLITAN AREA '
MANAGEMENT ASSOCIATION (MAMA)
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERs, IO AL ND. 49,
Mr -CIO:
FOR THE CITY OF FRIDLEY '
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APPS DIX A
WAGES
A. the following wage schedule will be in effect from the first payroll
period in 1983 through the last payroll period in 1983:
1983 BASE SALARY
1/1/83 THROUGH 12/31/83
After
First
Second
Two
year
Year
Years
Heavy Equipment Operator
(Sr. Sewer, Sr. Water,
Sr. Park, Sr. Street, and
Mechanic)
$9.630
$10.165
$10.700
Specialist (Sewer, Water,
Park, Street, and General
9.428
9.952
10.475
Light Equipment Operator
(Sewer, Water, Park,
Street, and Operations
& Maintenance Person)
9.225
9.738
10.250
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APPENDIX B
LOCAL ADIEND)M
The 1982 supplementary agreement is entered into between the City of
Fridley and the International Union of Operating Engineers, Local No. 49,
AFL-CIO, for the period beginning January 1, 1983 and terminating on June
30, 1983 unless renewedor extended by mutual agreement of the parties.
Nothing in this supplementary agreement may be in conflict with any
provision of the MASTER AGREII+IENT between MAMA, the City of Fridley, and
I.U.O.E., Local No. 49, AFL -CIO. In the event of conflict the MASTER
AGREIIIIENT will prevail.
B-I.
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APPENDDC B 2O RESCLVT1ON NO. 5 -1983
IDM LABOR AGREEKENT
BETWEEN
2HE QTY OF FRUM"
ADID
)NTMATICNAL UNION OF OPERATING ENGIN]MYS
IDCAL NJ. 49
AFL -CIO
(JULY It 1983 20 DE)CUMER 31, 1984)
ARTICLE A. DEFINITIONS
1. STANDBY PAY: Compensation for standing by at the City's request, or being
available for work on days that are normally considered to be the
employee's day off.
ARTICLE B. MANUAL LEAVE
1. Each employee shall be entitled to annual leave away from employment with
pay. Annual leave may be used for scheduled or emergency absences from
employment. Annual leave pay shall be computed at the regular rate of
pay to which such an employee is entitled; provided, however, that the
amount of any compensation shall be reduced by any payment received by
the employee from workers' compensation insurance, Public Employees
Retirement Association disability insurance, or Social Security
disability insurance. An employee's accumulation of annual leave will be
reduced only by the amount of annual leave for which the employee
receives compensation.
2. Seniority shall apply on scheduled annual leave up to May 1st of each
year. After May 1st, scheduled annual leave shall be on a first come,
first served basis.
3. A beginning employee shall accrue annual leave at the rate of eighteen
(18) days per year for the first seven (7) years (84 successive months) .
An employee who has worked seven (7) years (84 successive months) shall
accrue annual leave at the rate of twenty -four (24) days per year,
beginning with the eighty -fifth (85th) month of successive employment. An
employee who has worked fifteen (15) years (180 successive months) shall
accrue annual leave at the rate of twenty -six (26) days per year,
beginning with the one hundred eighty -first (181st) month of consecutive
employment. these rates are based on a forty hour regular work week.
the actual amount credited to an employee in any given pay period shall
be prorated according to the actual number of regular hours worked during
that pay period. Fours worked on overtime, callback, or standby shall
not enter into the calculation of the accrual of annual leave.
4. For an employee hired on or after July 1, 1983:
The maximum total accunulation of annual leave at the end of any given
year shall be thirty (30) days.
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Once a year, at a time designated by the City, an employee who has
completed seven (7) years of service with the City will have the
opportunity to exchange up to three (3) days of accumulated annual leave
for cash. At the same time, an employee who has completed fifteen (15)
years of service with the City will have the opportunity to exchange up
to 5 days of accumulated annual leave for cash.
5. Pbr an employee hired before July 1, 1983:
Vacation accrued but unused as of June 30, 1983 shall be converted to
annual leave at the rate of one (1) day of annual leave for one (1) day
of vacation. Accrued but unused sick leave as of June 30, 1983 shall be
converted to annual leave according to the following schedule:
a. 1st 45 days @ 1 day of annual leave for 1 day of sick leave
b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave
c. Reminder @ 1 day of annual leave for 3 days of sick leave
In lieu of severance pay, one hour of annual leave shall be credited for
each full month of employment up to a maximum of two hundred forty (240)
hours.
The total amount of annual leave credited to the employee's balance as of
July 1, 1983 shall be equal to accrued but unused vacation plus accrued
but unused sick leave converted according to the formula above plus the
amount in lieu of severance pay.
If upon conversion to the annual leave plan an employee's accumulation of
annual leave exceeds thirty (30) days, that amount shall be the maximum
total accumulation (cap) for that employee at the end of any subsequent
year.
Once a year, at a time designated by the City, an employee will have the
opportunity to exchange up to five (5) days of accumulated annual leave
for cash.
In addition, once a year at a time designated by the City, an employee
with an accumulation of annual leave in excess of thirty (30) days will
have the opportunity to exchange up to five (5) days of annual leave for
cash. Such an exchange shall reduce the maximum total accumulation (cap)
of an employee by an equal amount.
6. Upon separation from employment with the City, an employee will be paid
one (1) day's salary for each day of accrued annual leave remaining in
the employee's balance.
ARTICLE C. SAOFC TERM DISABILITY
1. Each employee who has successfully completed the employee's probationary
period shall be eligible for short term disability benefit. Such an
employee shall be entitled to full pay commencing on the twenty -first
( 21st) consecutive working day on which the employee is absent due to a
physician-certified illness or injury, whether on or off the job, and
continuing until the employee returns to work able to carry out the full
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duties and responsibilities of the eployee's position or through the one
hundred and tenth (110th) working day of absence, whichever occurs first;
ided, however, that the amount of any compensation shall be reduced
Erny payment received by the disabled employee from workers'
compensation insurance, Public Employees Retirement Association
disability insurance, or Social Security disability insurance. Payment
of short term disability benefit by the City to an employee shall not
exceed ninety (90) working days for any single illness or injury,
regardless of the number and spacing of episodes. The annual leave
balance of an employee receiving short term disability benefit shall not
be reduced, nor shall such employee accrue annual leave during that
period.
2. Before any short term disability payments are made by the City to an
employee, the City may request and is entitled to receive from any
employee who has been absent more than twenty (20) working days in
succession a certificate signed by a competent physician or other medical
attendant certifying to the fact that the entire absence was, in fact,
due to the illness or injury and not otherwise. The City also reserves
the right to have an examination made at any time of any employee
claiming payment under the short term disability benefit. Such
examination may be made on behalf of the City by any competent person
designated by the City when the City deems the same to be reasonably
necessary to verify the illness or injury claimed.
3. if an employee hired before July It 1983 has received payments under the
injury-on-duty provisions of previous contracts, the number of days for
which payment was received will be deducted from the number of days of
eligibility for coverage under short term disability for that same
injury.
1. a. Employees who are designated by the City Manager to serve in a
•standby" status on behalf of the City on a Saturday, Sunday or
Holiday will receive as compensation for such service as "standby"
two (2) hours of overtime pay for each day served in such status.
b. Employees required to 'standby" during the week will receive as
oorpensation for such service four (a) hours pay at the overtime
rate.
c. if an any such day the Ehployee 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 overtime rate of pay, which
shall be in addition to the standby pay.
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.
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1. 7he City will pay tuition costs for training courses relevant to the
Employee's present or anticipated career responsibilities at
City- approved institutions. lbe City will pay fifty percent (508) of the
cost of tuition in advance and the Employee will pay the other fifty
percent (508). The Employee will be required to present to his
Department Head a certification of satisfactory work when the course is
caipleted..
a. Courses issuing a letter grade: A 'C' or above is required.
b. Courses issuing a numerical grade: A '70' percentile is required.
c. 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.
2. If the Employee satisfactorily completes the course, he will be
reimbursed for the additional fifty percent (508) of the 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.
3. The City will not reimburse the Employee for expenses reimbursed under
some other education system or program, i.e., G.I. Bill.
ARTICLE F. FUNERAL PAY
In case of death occurring in the immediate family of
Employee may be excused from work for up to three (3)
time off granted by the City Manager if additional time
off shall not subject the Employee to loss of pay. For
of the immediate family of the Employee are considered
spouse, child (Natural or adopted) , parent, grandpar�
mother - in-law or father -in -law.
ARTICLE G. JURY PAY AND WITNESS FEES
an Employee, such an
days with additional
is needed. This time
this purpose, members
to be the following:
?nt, brother, sister,
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 anployee 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.
ARTICLE H. MILITARY LEAVE
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.
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ARTICLE I. INCWIWE PAY (L[WEVITY)
Incentive Pay will be paid over and above the base rate of pay for employees
permanently hired prior to Match 31, 1973 according to the following
schedule:
After 5 years of Service: 2 -1/28 of base salary rounded
to the nearest dollar amount
After 30 years of Service: 58 of base salary rounded to
the nearest dollar amount
After 15 years of Service: 7 -1/28 of base salary rounded to
the nearest dollar amount
'fie 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 J. UNIFORMS
The City of Fridley will furnish uniforms to Employees of the bargaining unit
free of charge to the Employee. 7the 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 R. REPRFSE"WIVE ON AREA WIDE
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 negotiation among the several co m mities involved in joint
negotiations.
ARTICLE L. INSURANCE
The City also provides life insurance equal to annual salary, with a maximum
of $10,000 per Employee, and also will provide additional AD 6 D Insurance
equal to salary with a maximum of $10,000 per Employee, providing the total
City cost for all insurance does not exceed the amount set forth in the
Master Contract.
ARTICLE M. DURATION
this agreement shall be effective as of July 1, 1983, and shall remain in
full force and effect until December 31, 1984.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 20171 day of JUNL ,1983.
POR 7RE QTY OF Fs IDL Y
Nasim M. Qureshi - City Manager William J. Nee - or
FOR DnERNATI% AL UNION OF OPERATING ENGINEERS, Loaf, 49
Donald C. Carrigan, S d A.4 Peterson, ABR Local
2/2/18/18
mis/6114183