Loading...
RES 1990-110 - 000040931 NO. 110 - 1990 RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO (PUBLIC WORKS MAINTENANCE) FOR 1991 WHEREAS, the International Union of Operating Engineers, Local No. 49, AFL -CIO, as bargaining representative for certain Public Works Maintenance employees of the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of employees of the Public Works Department of the City of Fridley; and WHEREAS, the City of Fridley has presented to the designated representatives of Local 49 various requests relating to the wages and working conditions of employees of the Public Works Department 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 City Manager are hereby authorized to sign the attached Labor Agreement including Appendix A, Appendix B, and Appendix C relating to wages and working conditions of employees of the City of Fridley Public Works Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF DECEMBER, 1990 ATTEST: SHIRLEY . HAPPALA - CITY CLERK ILLIAM J EE - MAYOR 305 u 306 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL -CIO ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the Local No. 49, International Union of Operating Engineers, AFL -CIO, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT 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; and 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 the 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 The EMPLOYER recognizes the UNION as the exclusive representative in a unit as certified by the Minnesota Bureau of Mediation Services. 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 F1 3.2 3.3 3.4 Remit such deduction to the appropriate designated officer of the UNION. The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 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 or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY 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. ARTICLE VI. EMPLOYEE RIGHTS -- GRIEVANCE 6.1 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. 6.2 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 the Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 307 �Oa 6.3 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 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 that 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 Grievances, as defined by Section 6.1, shall be resolved in conference 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 of 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) 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 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. 309 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 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. If the parties cannot agree upon an arbitrator 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(s) 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 310 ' 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. 6.6 WAIVER If a grievance is not presented within 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 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 VI, the grievance is not subject to the arbitration procedure as provided in Step 5 or Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 5 or 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 7.1 UNION The International Union of Operating Engineers, Local No. 49, AFL -CIO. ' 7.2 EMPLOYER The City of Fridley. 311 7.3 UNION MEMBER I A member of the International Union of Operating Engineers, Local 49, AFL -CIO. 7.4 EMPLOYEE A member of the exclusively recognized bargaining unit. 7.5 BASE RATE OF PAY The Employee's hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY Length of continuous service in any job classifications covered by ARTICLE II -- RECOGNITION. Employees who are promoted from job classification covered by this AGREEMENT and return to a job classification covered by the 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 AGREEMENT. 7.7 SEVERANCE PAY ' Payment made to an employee upon honorable termination of employment. 7.8 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of either 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. 7.9 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. 7.10 STANDBY PAY (Transferred from Local Addendum, ARTICLE A.) A. Compensation for standing by at the City's request, or being available for work on days that are normally considered to be employee's day off. ARTICLE VIII. SAVINGS CLAUSE ' The AGREEMENT is subject to the laws of the United States, the State of Minnesota and the signed municipality. In the event any 312 provision of this AGREEMENT shall be held to be contrary to law by ' a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK 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 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 by given. It is not required that an employee working other than the normal workday be scheduled to work more than the 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. ARTICLE X. OVERTIME PAY 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 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. ' ARTICLE XI. CALL BACK 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) 313 1 hours' pay at one and one -half (1 1/2) times the employee's base pay rate. ARTICLE XII. LEGAL DEFENSE 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 SUBCONTRACT 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 14.1 The EMPLOYER will discipline employees only for just cause. 14.2 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the employee(s) unless the employee(s) is given the opportunity to have a third party or the Union Representative present at the interview to act as a witness for the employee(s). ARTICLE XV. SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotions and lay -offs only when all job - relevant qualifications 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. PROBATIONARY PERIODS 1 16.1 Every newly hired or rehired employee will serve a twelve (12) month probationary period. 314 16.2 Every employee will serve a twelve (12) month 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. ARTICLE XVII. SAFETY 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 POSTING 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 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 the 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. ARTICLE XIX. INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of two hundred fifty -five ($255.00) per month per employee for group health and life insurance including dependent coverage for calendar year 1991. ' 19.2 By mutual agreement employees may use fifteen dollars ($15.00) of the per month per employee of health insurance dollars in 19.1 for dental insurance for all unit employees. 1 0 19.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health 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. 19.4 Individual employees may provide for an increased EMPLOYER contribution for insurances over that amount stipulated by 19.1, 19.2 and 19.3 by lowering their salary from the rates stipulated in APPENDIX A to provide for an increased EMPLOYER contribution which will fully pay for the employee's health, life and dental insurance including dependent coverage. ARTICLE XX. ANNUAL LEAVE 20.1 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. 20.2 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. 20.3 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 (40) 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. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 20.4 For an employee hired on or after July 1, 1983: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days. 315 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. 20.5 For 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. Remainder @ 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 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. 20.6 Upon separation from employment with the City, will be paid one (1) day's salary for each day annual leave remaining in the employee's balance. an employee of accrued 316 LI 1 ARTICLE XXI. SHORT TERM DISABILITY 21.1 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 duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first; provided, however, that the amount of any compensation shall be reduced by any 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 benefits shall not be reduced, nor shall such employee accrue annual leave during that period. 21.2 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. 21.3 If an employee hired before July 1, 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. ARTICLE XXII. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY EMPLOYEES 22.1 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. 3!7 318 n 22.2 Employees required to "standby" during the week will receive as compensation for such service four (4) hours pay at the overtime rate. 22.3 If on any such day the Employee on "standby" shall actually perform work for the City, the Employee 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. 22.4 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 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 (50 %) of the cost of tuition in advance and the Employee will pay the other fifty percent (50 %). The Employee will be required to present to his Department Head a certification of satisfactory work when the course is completed. a. Courses issuing a letter grade: a "C" or above is required. b. Courses issuing a numerical grade: a 70 percent grade 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. 23.2 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50 %) 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. 23.3 The City will not reimburse the Employee for expenses reimbursed under some other education system or program, e.g. G.I. Bill. ARTICLE XXIV. FUNERAL PAY ' In case of death occurring in the immediate family of an Employee, such an Employee may be excused from work for up to three (3) 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 XXV. JURY PAY AND WITNESS FEES 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 in accordance therewith. Such employee shall be entitled to receive as pay a sum of money equal to the difference between what the Employee received as compensation for such jury duty or witness fees, and the Employee's regular pay. ARTICLE XXVI. 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. ARTICLE XXVII. INCENTIVE PAY (LONGEVITY) 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: After 10 years of Service: After 15 years of Service: 2 -1/2% of base salary rounded to the nearest dollar amount 5% of base salary rounded to the nearest dollar amount. 7 -1/2% of base salary rounded to the nearest dollar amount. 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 XXVIII. HOLIDAYS The EMPLOYER will provide eleven (11) paid holidays. ARTICLE XXIX. UNIFORMS 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. 319 ARTICLE XXX. REPRESENTATIVE ON AREA WIDE NEGOTIATIONS ' 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 communities involved in joint negotiations. ARTICLE XXXI. INSURANCE The City will provide group term life insurance with a maximum of $10,000 per Employee, and also will provide additional AD & D Insurance with a maximum of $10,000 per Employee. Provided that the total City cost for all insurance does not exceed the amount set forth in ARTICLE XIX. ARTICLE XXXII. WAIVER 32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent this the provisions of this AGREEMENT, are hereby superseded. 32.2 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 the 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 of the parties at the time this contract was negotiated or executed. ARTICLE XXXIII. DURATION The AGREEMENT shall be effective as of January 1, 1991 and shall remain in full force and effect until the 31st day of December, 1991. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this 17th day of Decemberl, 1990. 320 FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO /s/ Facsimile Fred Dereshuk, Business Manager /s/ Facsimile John Pendzimas, President /s/ Facsimile John M. Schouveler, Recording Secretary L/ Facsimile Tim Connors, Business Representative /s/ Facsimile David Lindquist, Steward Ls! Facsimile Richard Cameron, Steward FOR THE CITY OF FRIDLEY /s/ Facsimile William J. Nee, Mayor Ls/ Facsimile William W. Burns, City Manager 1 321 ' APPENDIX A WAGES 1991 Public Services Worker (PSW) PSW -A.1 Entry PSW -A.2 After one (1) year of satisfactory performance in PSW -A classification PSW -B.1 After two (2) year of satisfactory performance in PSW -A classification and achievement of minimum qualifications PSW -B.2 After one (1) year of satisfactory performance in PSW -B classification PSW -C After two (2) years of satisfactory performance in PSW -B classification and achievement of minimum qualifications PSW -C (Maintenance II in 1989) PSW -D After five (5) years of satisfactory performance and achievement of minimum qualifications Hourly Rate $10.00 $10.75 $11.51 $12.26 $13.02 $13.48 $13.77 PSW -D $14.04 (Maintenance III in 1989) Advancement to the next step will occur at the next regular pay period following satisfactory completion of the time of service requirement and achievement of minimum qualifications, if pertinent. Mechanic Level Hourly Rate A $ 13.02 B $ 14.04 322 APPENDIX B PUBLIC WORKS MAINTENANCE MINIMUM REQUIREMENTS 1991 Public Services Worker Level A Minimum Requirements High School Diploma, GED or equivalent. Valid Minnesota Class B Driver's License. Successful completion of City's physical examination including drug testing, if required. Ability to read, understand, and follow written and oral instructions, including safety rules. Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing and pulling. Ability to perform job responsibilities in climactic extremes. Ability to perform routine repair and maintenance tasks in one or more of the following sections: Streets, Parks, Sewer, Water, Vehicle Maintenance. Ability to work cooperatively as a member of a crew or team. 1 323 ' Public Services Worker Level B Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level A Completion of two (2) years of experience at Level A Minnesota Class B driver's license or appropriate Commercial Driver's License Successful completion of all applicable City safety and hazardous materials training Safe work practices and safe driving record Adherence to City's policies in regard to tardiness and sick leave Adherence to all other policies and procedures for City employees Ability to deal effectively and tactfully with the public Good knowledge of location of streets and public facilities Working knowledge of fundamental job duties CERTIFICATION: For Streets Workers: Ability to use non - motorized and small engine types of equipment in area of job responsibilities For Parks Workers: Minnesota Non - Commercial Pesticide /Herbicide Applicator License /Certificate For Sewer Workers: Class S -D Waste Water Operator's Certificate For Water Workers: Class D Water Supply System Operator's Certificate For Mechanic's Helper: Demonstrated ability in the repair of small engines and routine vehicle maintenance 324 Public Services Worker Level c Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level B Completion of two (2) years of experience at Level B Ability to work with minimum amount of on -site supervision Good knowledge of all operations, preventive maintenance and routine repair of equipment operated in area of job responsibility Enrollment in a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of one quarter of course work (at least 16 quarter credits) Good knowledge of methods and materials used in area of job responsibility CERTIFICATION: For Streets Workers: Completion of course work (at least three (3) quarter credits), in- service training, or certification in one (1) or more areas including but not limited to the following areas: bituminous technology and repair, light equipment operation, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal For Parks Workers: In addition to Minnesota Non - Commercial Pesticide /Herbicide Applicator License /Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in one (1) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying For Sewer Workers: Class S -C Waste Water Operator's Certificate For Water Workers: Class C Water Supply System Operator's Certificate 325 Public Services Worker Level D Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level C Completion of one (1) year of experience at Level C Completion of a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of three (3) quarters of course work (at least 48 quarter credits), provided that, during 1990 only, this requirement is waived for employees in the Maintenance II classification on December 31, 1989, upon achievement of ten years of service in the Public Works Maintenance Division of the City Ability to work without direct on -site supervision and to make on- site decisions related to task assignments Broad knowledge of operational aspects of public works maintenance department /division CERTIFICATION: For Streets Workers: Successful completion of a certified heavy equipment training program or equivalent training and experience, and completion of course work (at least three (3) quarter credits) , in- service training, or certification in two (2) or more areas including but not limited to the following areas: bituminous technology and repair, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal, and basic carpentry. For Parks Workers: In addition to Minnesota Non - Commercial Pesticide /Herbicide Applicator License /Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in three (3) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying For Sewer Workers: Class S -B Waste Water Operator's Certificate For Water Workers: Certificate Class B Water Supply System Operator's 326 3'2 ' APPENDIX C PUBLIC WORKS MAINTENANCE MINIMUM REQUIREMENTS 1991 Mechanic Level A High school diploma, GED, or equivalent. Valid Minnesota Class B Driver's License or appropriate Commercial Driver's License. Successful completion of City's physical examination including drug testing, if required. Ability to read, understand, and follow written and oral instructions, including safety rules. Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing, and pulling. Course work or experience in diesel mechanics. Experience in electric and gas welding. Two (2) years of applicable experience in auto and /or diesel maintenance and repair with a variety of light and heavy equipment. One (1) year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence. one additional year of applicable experience can be substituted for up to seventeen (17) quarter credits. Level B Meets or exceeds all the minimum requirements of Level A. Three (3) years of applicable experience in auto and /or diesel maintenance and repair with a variety of light and heavy equipment or one (1) year experience as Mechanic, Level A, with the City of Fridley. One (1) year of technical college course work (51 quarter credits) ' in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence.