RES 1992-44 - 00003446114
RESOLUTION NO. 44 - 1992
' RESOLUTION AUTHORIZING SIGNING AN AGREEMENT
FOR CERTAIN EMPLOYEES REPRESENTED BY
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 491 AFL -CIO (PUBLIC WORKS
MAINTENANCE) FOR 1992
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
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
1ST DAY OF JUNE, 1992.
WILLIAM NEE - MAYOR
ATTEST:
�z . rllCQ� Fig
SHIRLEY . HAAPA - CITY CLERK
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
1ST DAY OF JUNE, 1992.
WILLIAM NEE - MAYOR
ATTEST:
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SHIRLEY . HAAPA - CITY CLERK
' LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL -CIO
1992
115
Page
ARTICLE
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ARTICLEIII
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE
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ARTICLE XIX . . . .
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ARTICLE XX . . . . .
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ARTICLE XXI . . . .
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ARTICLE XXII . . .
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ARTICLE XXIII . .
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ARTICLE XXIV . . .
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ARTICLE XXV . . .
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ARTICLE XXVI . . .
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ARTICLE XXVII . .
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ARTICLE XXVIII . .
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ARTICLE XXIX. . .
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ARTICLE XXX . . .
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ARTICLE XXXI. . .
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ARTICLE XXXII
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ARTICLE XXXIII.
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APPENDIX A. . . .
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APPENDIX B . . . .
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APPENDIX C . . . .
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LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL -CIO
ARTICLE I. 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:
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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
against any and all claims,
brought or issued against the
this Article.
ARTICLE IV. EMPLOYER SECURITY
and hold the EMPLOYER harmless
suits, orders, or judgments
CITY under the provisions of
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 PROCEDURE
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
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Article. The UNION shall notify the EMPLOYER in writing of
' the names of such UNION REPRESENTATIVES and of their
successors when so designated.
6.3 PROCESSING OF A GRIEVANCE
6.4
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.
Grievances, as defined by Section 6.1, shall be resolved in
conference with the following procedure:
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
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Step 1.
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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
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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
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
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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.
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.
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ARTICLE VII. DEFINITIONS
7.1 UNION
The International Union of Operating Engineers, Local No. 49,
AFL -CIO.
7.2 EMPLOYER
The City of Fridley.
7.3 UNION MEMBER
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
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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
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
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 SCHEDULES
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
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for at and one -half (1 1/2) times the employees 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)
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).
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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
16.1 Every newly hired or rehired employee will serve a twelve (12)
month probationary period.
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
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 or transfer 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.
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the EMPLOYER.
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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 or transfer 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.
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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
seventy -five dollars ($275.00) 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.
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.
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)
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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. 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
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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, an employee
will be paid one (1) day's salary for each day of accrued
annual leave remaining in the employee's balance.
ARTICLE XXI. SHORT TERM DISABILITY
21.1 Each employee who has successfully completed the employee's
probationary period shall be eligible for the 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 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. Such an employee
shall also be entitled to full pay commencing on the eleventh
(11th) consecutive working day on which the employee is absent
due to a physician- certified illness or injury on the job and
continuing until the employee returns to work able to carry
out the duties and responsibilities of the employee's position
or through the one hundredth (100th) working day of absence,
whichever occurs first. The amount of any compensation for
the short term disability benefit 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 benefit 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 a certificate signed by a competent physician or other
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129
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.
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
required.
13
a "C" or above is
130
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:
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131
After 5 years of Service: 2 -112* of base salary rounded
I 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: 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.
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
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132
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, 1992 and shall
remain in full force and effect until the 31st day of December,
1992.
tN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
' on this lst day of June, 1992.
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL NO. 49,
AFL -CIO
/s/ Facsimile
Fred Dereschuk, Business Manager
/s/ Facsimile
John Pendzimas, President
John M. Schouveller, Recording Secretary
/s/ Facsimile
Tim Connors, Business Representative
/s/ Facsimile
David Lindquist, Steward
/s/ Facsimile
Richard Cameron, Steward
16
' FOR THE CITY OF FRIDLEY
/s/ Facsimile
William J. Nee, Mayor
/s/ Facsimile
William W. Burns, City Manager
I hereby recommend approval of this agreement.
/s/ Facsimile
William C. Hunt - Assistant to the City Manager
/s/ Facsimile
John G. Flora, Director of Public Works /City Engineer
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133
PSW -D
(Maintenance III in 1989)
$14.39
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 $ 13.35
B $ 14.39
Seasonal /Temporary Employees
Employees employed by the employer on a seasonal /temporary basis
for no more than 125 working days per calendar year either in a
full -time (more than 14 hours per week) or part -time capacity will
be compensated as determined by the employer for the term of this
employment. Such employees will not be eligible for any benefits
under the Agreement except those which may be required by law.
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APPENDIX A
134
WAGES 1992
Public Services Worker (PSW)
Hourly Rate
'
PSW -A.1
Entry
$10.25
PSW -A.2
After one (1) year of
$11.02
satisfactory performance
in PSW -A classification
PSW -B.1
After two (2) year of
$11.80
satisfactory performance
in PSW -A classification
and achievement of minimum
qualifications
PSW -B.2
After one (1) year of
$12.57
satisfactory performance
in PSW -B classification
PSW -C
After two (2) years of
$13.35
satisfactory performance
in PSW -B classification
and achievement of minimum
qualifications
PSW -C
$13.82
(Maintenance
II in 1989)
'
PSW -D
After five (5) years of
$14.11
satisfactory performance
and achievement of minimum
qualifications
PSW -D
(Maintenance III in 1989)
$14.39
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 $ 13.35
B $ 14.39
Seasonal /Temporary Employees
Employees employed by the employer on a seasonal /temporary basis
for no more than 125 working days per calendar year either in a
full -time (more than 14 hours per week) or part -time capacity will
be compensated as determined by the employer for the term of this
employment. Such employees will not be eligible for any benefits
under the Agreement except those which may be required by law.
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135
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.
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136
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
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137
Public Services Worker Level C Minimum Requirements
1 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
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138
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
For sewer workers a Class S -B Waste Water Operator's Certificate
may be substituted for the education requirement.
For water workers a Class B Water Supply System Operator's
Certificate may be substituted for the education requirement.
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
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139
APPENDIX C
IPUBLIC WORKS
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.
23