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Res 1976-40 9 RESOLUTION NO. 40-1976 A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY MUNICIPAL LIQUOR STORES FOR THE YEAR 1976 WHEREAS, Beer, Liquor, Soft Drink, Spring Water, Taxicab, Livery Ambulance and Vending Drivers, Allied Sales Drivers, Helpers and Inside Employees Union, Local No. 792, as bargaining representative of the Liquor employees of the City of Fridley has presented to the Council of the City of Fridley various requests relating to the working conditions, wages, and hours of employees of the Municipal Liquor Stores of the City of Fridley, WHEREAS, The City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of employees of the Municipal Liquor Stores of the City of Fridley, and WHEREAS, Representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City, and WHEREAS, Agreement has not been reached between representatives of the two parties on the proposed changes in the existing contract between the City and the Union. NOW, THEREFORE, BE IT RESOLVED, By the City Council that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A" ) relating to working conditions, wages and hours of Municipal Liquor Store Employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH DAY OF APRIL , 1976. ti)"14"— MAYOR - WILLIAM NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL 1976 LABOR AGREEMENT BETWEEN LIQUOR UNION EMPLOYEES, LOCAL NO. 792 INDEX ARTICLE I - PURPOSE OF AGREEMENT ARTICLE II - RECOGNITION ARTICLE III - DEFINITIONS IIIARTICLE IV - EMPLOYER SECURITY ARTICLE V - EMPLOYER AUTHORITY ARTICLE VI - UNION SECURITY ARTICLE VII - SETTLEMENT OF DISPUTES, GRIEVANCE PROCEDURE ARTICLE VIII - SAVINGS CLAUSE ARTICLE IX - PICKET LINE ARTICLE X - OBTAINING INJURY COMPENSATION PAYMENTS ARTICLE XI - MILITARY SERVICE ARTICLE XII - SENIORITY ARTICLE XIII - BOND ARTICLE XIV - VACATIONS ARTICLE XV - HOURS OF WORK III ARTICLE X - SICK LEAVE ARTICLE XVII - HOLIDAYS ARTICLE XVIII - CALL-IN-TIME ARTICLE XIX - PAY RECORDS ARTICLE XX - LEAVE OF ABSENCE ARTICLE XXI - DISCHARGE ARTICLE XXII - JURY PAY . ARTICLE XXIII - SEVERENCE PAY ARTICLE XXIV - FUNERAL LEAVE ARTICLE XXV - HEALTH AND WELFARE BENEFITS ARTICLE XXVI - RATES OF PAY ARTICLE XXVII - DURATION 12 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND BEER, LIQUOR, SOFT DRINK, SPRING WATER, TAXICAB, LIVERY, AMBULANCE AND VENDING DRIVERS, ALLIED SALES DRIVERS, HELPERS, AND INSIDE EMPLOYEES UNION, LOCAL NO. 792 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of April 19, 1976 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the BEER, LIQUOR, SOFT DRINK, SPRING WATER, TAXICAB, LIVERY, AMBULANCE AND VENDING DRIVERS, ALLIED SALES DRIVERS, HELPERS, AND INSIDE EMPLOYEES UNION, LOCAL NO. 792, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1 .1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1 .2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71 , Subdivision 3, for all liquor personnel in the following job classificaions; 1 . Full Time Liquor Clerks 2. Part Time Liquor Clerks 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: The Beer, Liquor, Soft Drink, Spring Water, Taxicab, Livery, Ambulance and Vending Drivers, Allied Sales Drivers, Helpers and Inside Employees Union, Local No. 792. 3.2 UNION MEMBER: A member of the Beer, Liquor, Soft Drink, Spring Water, Taxicab, Livery, Ambulance and Vending Drivers, Allied Sales Drivers, RESOLUTION 40 Page 4 Helpers and Inside Employees Union, Local No. 792. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Fridley Liquor Department 3.5 EMPLOYER: The City of Fridley 3.6 CITY MANAGER OR LIQUOR STORE MANAGER: The City of Fridley 3.7 UNION OFFICER: Officer elected or appointed by the Beer, Liquor, Soft Drink, Spring Water, Taxicab, Livery, Ambulance and Vending Drivers, Allied Sales Drivers, Helpers, and Inside Employees Union, Local No. 792. 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full , faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, priviledges or obligations of employment. 3.10 BASE RATE OF PAY: The employee's monthly rate of pay exclusive of any special allowances. 3.11 COMPENSATORY TIME: Time off during the employee's regularly scheduled work schedule equal in time to overtime worked. 3.12 SEVERANCE PAY: Payment made to an employee upon honorable separation of employment. 3.13 SENIORITY: Seniority is measured by length of continuous service with the Liquor Store of the City of Fridley. 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 inter- ference with the normal functions of the EMPLOYER. 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. RESOLUTION 40 Page 5 5.2 Any term and condition of e ployment not specifically established or modified by this AGREEMENT .hall remain solely within the descretion of the EMPLOYER to modify, -stablish, or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct f om the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate emp oyees from the bargaining unit to act as a steward and an alternate . nd shall inform the EMPLOYER in writing of such choice and changes in he position of steward and/or alternate. 6.3 The EMPLOYER shall make spare available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemni y and hold the EMPLOYER harmless against any and all claims, suits, rnrders, or judgements brought or issued against the EMPLOYER as a r:sult of any action taken or not taken by the EMPLOYER under the prov sions of this ARTICLE. ARTICLE VII SETTLEMENT OF DISPUTES, GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the inter- pretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Any claim of alledged violation of the wage and hour provisions of this AGREEMENT, or any other cla med grievance of any kind, to be valid and to receive consideration, m st be filed in writing by the employee or his representative specifyi g the details of the alleged violation, with the EMPLOYER within the thi ty (30) days after the regular pay day for the period in which the vio ation occurred. This shall not apply to discharge cases which shall be considered under ARTICLE XXI . The thirty (30) day limitation -hall not apply where there is collusion between the EMPLOYER and the employee to violate the contract. 7.3 Any controversy arising fro the interpretation, of, or adherence to, the terms and provisions of this AGREEMENT or otherwise, may be settled by negotiation between the NION and the EMPLOYER. If the controversy cannot be settled within ten days of the date of notification of EMPLOYER, such controversy man be referred to an adjustment panel in RESOLUTION 40 Page 5 accordance with and under the provisions of law. 7.4 It is the intention of the parties that the procedure established in this AGREEMENT for the adjustment of disputes shall be in accordance with law applicable to municipal corporations and its employees. That the means for determination of all disputes, complaints or grievances specified herein, expressly including all strikes, stoppages, lockouts, and any and all claims, demands or acts arising therefrom, are and shall be in conformity with the requirements, of the law. Neither party shall institute any proceedings in a court of law or equity, or to compel arbitration, contrary thereto. This provision shall be a complete defense to any action instituted contrary to this AGREEMENT. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. 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 voidelAll other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX PICKET LINE 9.1 Except as is otherwise provided or required of him by law, an employee is not obliged to pass through a picket line authorized by the Teamster Joint Council No. 32. The UNION agrees to do all in its power to effect a settlement of any controversy which might arise with any other Union. ARTICLE X OBTAINING INJURY COMPENSATION PAYMENTS The Employer will cooperate with the employee in obtaining injury compensation payments from his insurance carrier for just and legal claims. ARTICLE XI MILITARY SERVICE An employee on the seniority list inducted into military service under the provisions of the Federal Selective Service Training Act of 1940, and any amend- ments that may be hereafter, or voluntarily enlisting into the Military Service of the United States in time of war for the duration of the war, or compulsorily inducted by the Federal Government into employment in a defense industry, will be considered upon written notice thereof from the employee to be upon leave of absence and will accumulate seniority during such compulsory military service training period, for the duration of such war respectively, and upon termination of such service will be reemployed in line with his seniority, at the then current 76 RESOLUTION 40 Page 6 rate for such work, provided he has of been dishonorably discharged from such service with the United States Gover ment and is qualified and able to do work available, and further provided he r:ports for work within ninety (90) days of the date he is discharged from such •ervice with the United States Government, and gives the employer at least ten 110) days notice in writing of intent to return, prior to reporting. ARTICLE XII SENIORITY 12.1 The Employer hereby does recognize seniority rights to this extent that: A. Employee layoffs and return to service may be on the basis of length of service except as noted in "d" below. Seniority shall not apply on return o service if more than ninety (90) days has elapsed since the employee was laid off. B. Employee promotions ;nd demotions be based upon length of service - all else being equal i.e. , performance on the job be satisfactory in the view of the E PLOYER. C. Employee does not es ablish seniority rights until he shall have worked a total of sip (6) months. D. Except as to present job incumbents, residents of the City of Fridley shall be giv-n preference in matters of layoffs and return to work, all else being equal . E. Seniority rights does not include tenure. F. Seniority shall not apply to part time employees except among themselves. ARTICLE XIII BOND Should the EMPLOYER require employe: to give bond, premium on same shall be paid by the EMPLOYER. ARTICLE XIV VACATIONS 14.1 Each employee of the Cily who has worked regularly for the City for a period of not less than twelve (12) successive months is entitled to a vacation away from employment with pay. Vacation pay shall be computed at the regular rate of pay to which such employee is entitled. An employee who has worked a minimum of twelve (12) months is entitled to one (1 ) workday of vaca ion for each month so worked; an employee who has worked eighty-four 84) successive months is entitled to one and one-half (11/2) workday. of vacation for each month worked beginning with the eighty-fifth (85th) month of consecutive employment. An employee who has worked one hund ed eighty (180) successive months is entitled to 7.7 RESOLUTION 40 PAGE 7 one and two-thirds (12/3) workdays of vacation for each month worked beginning with the one hundred eighty-first (181 ) month of consecutive employment. Except where otherwise provided by agreement between the City Manager and the employee, no more than twenty (20) days vacation may be taken in any one calendar year. III14.2 The oldest man in order of seniority shall have first preference in selecting his vacation time from a schedule posted by the EMPLOYER. Such selection shall be made by May 1st of each year. If a selection is not made by May 1st, vacations shall be on a first come first served basis. 14.3 If an employee is laid off or is drafted into Military Service or defense work, or volunatrily enters Military Service with the United States Government, he shall receive vacation pay on the basis of one-twelfth (1/12) of the vacation period for each month or portion thereof worked if employed over six (6) months, but not to exceed any longer period than granted for a full year's work. 14.4 In the event a regular full time employee quits or his employment is severed for any reason whatsoever, he shall receive his earned vacation pay. ARTICLE XI HOURS OF WORK III 15.1 Except as to those employees whose duties such as Assistant to the Manager or Supervisor and whose hours of employment are and may be as agreed upon and approved by the City and the employee, the regular work week of all regular full time employees shall be a period of forty (40) hours per week in each week consisting of eight (8) hours per day in a five (5) day work week, provided that Saturday may be a work day for an employee in place of any of the other preceding days of the week. All time worked in excess of forth (40) hours per week and/or in excess of eight (8) hours per day, shall be paid for at the rate of one and one-half (11/2) times the straight time hourly rate, provided that overtime as computed at the end of the week shall be based only on the time actually worked and does not include the additional rates paid on any previous day. Any employee who performs work in accordance with the above noted schedule of hours during a regularly III established work period is deemed a regular full time employee and any person who is employed to perform work on a temporary basis as a replacement for a sick or injured employee or one on leave of absence or otherwise, or to meet the demands of business during so called peak hours is deemed to be a part time employee. For purposes of record keeping, the City may and shall prepare a list of its regular full time employees, copies of which shall be posted in appropriate places in the Liquor Store and provided to the UNION from time to time to keep the same current and accurate. A separate part time seniority list shall be prepared and RESOLUTION 40 PAGE 8 posted. 15.2 Except in cases of emergency o where it is clearly unavoidable, no employees shall work overtime ntil all regular employees on the seniority list have worked the full time ARTICLE XVI SICK LEAVE III Each employee of the City who has worked egularly for the City for a period of not less than six (6) successive months is enlitled to sick leave away from employment with pay. Sick leave pay shall be computed at the regular rate of pay to which such employee is entitled. ; An employee who ha• worked a minimum of six (6) months is entitled to one (1 ) day of sick leave for each month worked, cumulative to one hundred twenty (120) days of sick leave. After o e hundred twenty (120) earned and unused days of sick leave have accumuaated, one (1 ) day .dditional vacation shall be granted to an employee for every (3) t ree sick leave days earned and unused. The employee may elect, after ninety (90) earned and unused days of sick leave have accumulated, to receive one (1 ) day addit onal vacation for every three (3) sick leave days earned and unused. Sick leave days shall not accumulate beyond one hundred IIItwenty (120). Before any sick leave compensation is paid, the City may request and is entitled to receive from any employee who has been absent more than three (3) days in succession, a certificate signed by a comoetent physician or other medical attendant certifying to the fact that the absence w,;s in fact due to sickness and not otherwise. The City also reserves the right to have ,n examination made at any time of any person claiming absence by reason of sickness; s ch examination may be made when the City deems the same reasonably necessary to ve ify the sickness claimed and may be made in behalf of the City by any competent perso designated by the City. Sick leave is to be used for the sickness of the employee only. However, two sick days per year may be used for the following specified uses: ( ) serious illness of the spouse. (2) serious illness of child. The special use days cannot be accumulated from one year to the next and if they are not used, they are includ-d in the normal sick leave accumulation. ARTICLE XVII HOLIDAYS III 17.1 All regular full time employee. shall receive full pay for New Year's Day, January 1 ; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Thanksgiving Day, the fourth Thursday in November; and Chri.tmas Day, December 25, provided when New Year's Day, January 1 ; or Independence Day, July 4; or Christmas Day, December 25; falls on Sunday, he following day shall be a holiday and, RESOLUTION 40 PAGE 9 provided, when New Year's Day, January 1 ; or Independence Day, July 4; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. 17.2 In addition to the above six (6) holidays, there will be four (4) floating holidays. ARTICLE XVIII CALL-IN-TIME Employees shall receive full pay for all time spent in the service of EMPLOYER. When a regular employee is called back to work, and more than one (1 ) hour has elapsed since his work period ended, he shall be guaranteed a minimum of three (3) hours pay (two (2) hours overtime) , except as agreed to between the individual , EMPLOYER and the UNION. If an employee is called to work early with no break in service before his regularly scheduled work period starts, work performed is considered normal overtime for the period of time actually worked. ARTICLE XIX PAY RECORDS The City shall maintain a satisfactory record of the starting and quitting time of employees, which shall be accessible to the Business Representative of the UNION at all times. III ARTICLE XX LEAVE OF ABSENCE 20.1 The City agrees to grant the necessary time off without pay or discrimination or loss of seniority to any regular full time employee designated by the UNION to attend conventions or to serve in any capacity on other official union business. 20.2 Except for time off for business as provided above, an employee desiring leave of absence from the job shall secure written permission from both the UNION and the City. Failure to comply with this provision shall result in loss of seniority rights of the employee involved, and subjects the employee to dis- cipline by loss of pay, suspension, discharge or otherwise as is deemed appropriate by the City. An employee who is unable to work because of sickness or injury may obtain a leave of absence upon written notice to the City and written verification of his condition by a competent medical authority. Where the condition of the employee is such that he is unable to act for himself, the UNION may apply for such leave of absence in his behalf. Failure to make such application within a reasonable period of time and not to exceed fifteen (15) days from the first day of absence, subjects the employee to appropriate discipline by the City. Inability to work because of sickness or injury, shall not result in loss of seniority rights. I SO— RESOLUTION 40 PAGE 10 ARTICLE XXI DISCHARGE Except as further provided, no employee will be suspended or discharged without just cause, and the City will agree to give at least one (1 ) warning notice in writing of any complaint against such employee. No warning notice need be given if the cause of IIIdischarge is drunkenness or dishonesty while on duty. Further, whenever the condition of the employee is such that the City does not deem him able to properly perform the duties and functions of his employment, the City may relieve him from such duties without notice and shall give notice immediately witnin twenty-four (24) hours that the employee has been relieved, but if thereafter it is established and determined that the employee was in fact able to perform his duties then the employee shall suffer no loss of wage or compensation by reason that the City relieved him of his duties. The City shall send to the UNION within twenty-four (24) hours after suspension or discharge of an employee, a copy of the discharge notice, which shall contain the reason for the suspension or discharge. If the employee feels that he has been unjustly discharged, the UNION may protest thereof with the City and the matter shall be referred for settlement between - the City and the UNION. Such protest by the UNION, to be valid for consideration, shall be in writing and delivered to the City within five (5) days of discharge. ARTICLE XXII JURY PAY III It shall be understood and agreed that the City shall pay all regular full time employees serving on any jury the difference in salary between jury pay and his regular salary or pay while in such service. ARTICLE XXIII SEVERENCE PAY The following severence pay policy is in effect: "Each employee who leaves the City employment for any reason, whether voluntary or involuntary, will be paid for earned, unused vacation days that have been earned and not taken. An employee with 48 or more consecutive months of employment will receive severence pay in cash based on one and one-half (11/2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of same. " ARTICLE XXIV FUNERAL LEAVE IIIIn the case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following: Spouse, child (natural or adopted) , parent, grandparent, brother, sister, mother-in-law or father-in-law. L.i RESOLUTION 40 PAGE 11 ARTICLE XV HEALTH AND WELFARE BENEFITS 25.1 The City will pay the cost of the employees share of the present health and welfare plan. The City will pay employees life insurance equal to annual salary up to a maximum of $10,000 III A representative from the UNION shall be included on a committee to make recommendations on the content of specifications for any new policy changes to present policy. Such recommendations subject to Council approval . 25.2 No health and welfare benefits are to be paid on part time employees. ARTICLE XXVI RATES OF PAY RATES OF PAY YEAR 1976 Full Time Clerks 1st 6 Months $4.28 After 6 Months $4.51 After 1 Year $4.75 Part Time Clerks 1st 6 Months $3.99 After 6 Months $4.20 ARTICLE XXVII DURATION This AGREEMENT shall be effective as of the first day of January, 1976 and shall remain in full force and effect until the 31st day of December, 1976. In witness IIIwhereof, the parties hereto have executed this AGREEMENT on this day of , 1976. CITY OF FRIDLEY MAYOR - WILLIAM J. NEE CITY MANAGER - NASIM M. QURESHI IIIFOR BEER, LIQUOR, SOFT DRINK,SPRING WATER, TAXICAB, LIVERY, AMBULANCE AND VENDING DRIVERS, ALLIED SALES DRIVERS, HELPERS, AND INSIDE EMPLOYEES UNION, LOCAL NO. 792 BUSINESS AGENT - WARREN H. JOHNSON I hereby recommend to the City Council approval of this agreement. ASST. CITY MGR./FIN. DIR. - MARVIN. C. BRUNSELL