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Res 1963-30 23 RESOLUTION NO. 29-1963 RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT RELATING TO ESTABLISH- MENT OF SUBURBAN RATE AUTHORITY BE IT RESOLVE[), by the City council of the City of Fridley, Minnesota: SEC. 1. It is hereby determined to be necessary and expedient to the public health, safety, prosperity, convenience and general welfare of the City of Fridley and its citizens and residents to enter into a joint and cooperative agreement with other suburban municipal corporations for the formation of the Suburban Rate Authority to facilitate study, consideration, administration and negotiations relative to the rates, services and other matters concerning the distribution of natural gas in this municipality under a proposed uniform Suburban Franchise for the Minneapolis Gas Company. SEC. 2. The said agreement, a copy of which is attached thereto and made a part hereof, is hereby approved and adopted, and the Mayor and City Manager and all other appropriate officials of this municipality are hereby authorized and directed to execute said agreement on behalf of this municipality and to take the steps outlined in said agreement necessary to effectuate it, and the City Clerk is hereby authorized and directed to send a certified copy of this resolution and a duly executed copy of said agreement to.. theVillage Manager of the Village of Richfield, Minnesota. SEC. 3. The first member of the Board of Directors of the Suburban Rate Authority, established by said agreement, from this municipality shall be Raymond E. Sheridan, who shall serve without compensation, provided, however, such member of the Board of Directors may be paid his actual expenses necessarily incurred in the performance of his duties. PASSED AND ADOPTED THIS 4th DAY OF MARCH, 1963 BY THE CITY COUNCIL OF THE CITY OF FRIDLEY �r ! / I • A fi lliam ee A AlAf !.t LAMP - Tarvin C. Brunsell RESOLUTION NO. 30-1963 ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS FOR EMPLOYEES EMPLOYED BY THE MUNICIPAL LIQUOR STORE (ON-SALE) WHEREAS, Minneapolis Local Joint Executive Board of the Hotel Restaurant Employees and Bartenders International Union in A.F.L.C.I.O. Local Union No. 152 and 458, as bargaining representatives of the employees of the Municipal Liquor Store of the City of Fridley, has presented to the Council of the City of Fridley, a resolution relating to the working conditions, wages and hours for regular, full time employees of the Municipal Liquor Store of the City of Fridley. NOW, THEREFORE, BE IT RESOLVED by the City Council that the following rules and regulations concerning the employment of the employees of the Fridley Municipal Liquor Store be adopted and placed in effect, to wit: ARTICLE I SENIORITY The employer hereby does recognize seniority rights to this extent that: �. Employee layoffs and return to service may be on the basis of length of service except as noted in "D" below. B. &nployee promotions and demotions be based upon length of service - all else being equal i.e., performance on the job be satisfactory in the view of the employer. 24 Resolution No. 30-1963 (con't) C. Employee does not establish seniority rights until he shall have worked a total of six (6) months. D. Except as to present job incumbents, residents of the City of Fridley shall be given preference in matters of layoffs and return to work, all else being equal. E. Seniority rights do not include tenure. F. Seniority shall not apply to part time employees except among themselves. ARTICLE II MEAL PERIOD All employees covered by this Resolution shall be granted a meal period of not less than one-half (i) hour and not longer than one (1) hour and shall not be requested to work during this period except in case of extreme emergency. ARTICLE III VACATIONS Section 1. All regular full time employees herein classified who have worked continuously one (1) year shall be entitled to two (2) weeks vacation with pay. All full time employees who have worked nine (9) years or longer shall receive three (3) weeks vacation with pay. All vacation pay shall be paid in advance. Vacations shall be taken between May 1 and October 1 or any other time mutually agreed upon between Employer, Employee, and the Union. Section 2. The oldest man in order of seniority shall have first preference in selecting his vacation time from a schedule posted by the Employer not later than May 1. Section 3. If an employee is laid off or is drafted into Military Service or defense work, or valuntarily 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 that granted for a full years work. Section la. 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 IV GRIEVANCES Should any grievance arise as to interpretation of or adherence to the terms and provisions of this Resolution, the employee affected may either directly or through his designated bargaining representative take the matter up with the City Manager of the Employer in an endeavor to affect a satis- factory settlement. If the City Manager of the Employer and the Employee are unable to agree, then the matter shall be referred to the designated representative, who shall endeavor to affect a satisfactory settlement with the Employer. If said representative of the Employee and the City Manager of the Employer or any other authorized bargaining representative of the Employer are unable to agree on the matter of dispute, then such a dispute or grievance shall be referred to an adjustment panel as provided for: Under Section 179.57 of the Minnesota Statutes Annotated. ARTICLE V DISCRIMINATION No employee shall be discriminated against and no employee shall be discharged for giving information regarding alleged violations of this Resolution, when proper procedure as in Article IV is followed. 25 Resolution No. 30-1963 (con&t) ARTICLE VI UNIFORMS All employees who are required to wear uniforms or aprons, such uni- forms and aprons shall be furnished and laundered by the Employer. ARTICLE VII WORK HOURS AND OVERTIME The work hours, overtime and compensation with respect thereto for employees are as follows: (Except as otherwise provided herein, or as may be agreed upon between the City and a part time employee at the time of employment the provisions herein, including sick leave, vacations, and holidays, etc., are concerned with and apply only to full time regular employees.) Section 1. Hours of Work: Except as to supervisory employees (such as Assistant to the Manager), the regular work week of all regular full time employees shall be forty (40) hours per week, (forty- eight (48) hours for employee on forty-eight (48) hour schedule) 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 worded in excess of eight (8) hours per day or of forty (40) hours per week (or forty-eight (48) hours per week when employee is on a forty-eight (48) hour schedule) shall be paid for at the rate of one and one-half (12) 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 of compensation paid on any previous day. A part time employee receives compensation in accordance with his regular pay schedule and only for time actually worked. Any employee who performs work in accordance with the above noted schedule of hours during a regularly 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 a 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 may 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. Section 2. Sick Leave: All regular full time employees with one (1) year or more of service shall be entitled to sick leave benefit for continuous illness up to twelve (12) days in any one year, in accordance with Ordinance No. 182. Section 3. Call-in-time: Employees shall receive full pay for all time spent in the service of the Employer. When called to work, Employees shall be guaranteed a minimum of four (4) hours pay, except as agreed to between the individual, Employer, and the Union. This provision does not authorize the establishment of regular four (4) hour shifts. Section 4. Except in cases of emergency or where it is clearly unavoidable, no employees shall work overtime until all regular employees on the seniority list have worked the full week. Section 5. 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. Resolution No. 30-1963 (con't) Section 6. All work performed on the sixth (6th) consecutive day by any regular full time employee who has not been scheduled for a forty-eight (b8) hour week shall be paid for at the rate of one and one-half (11) times their regular hourly rate of pay. All time worked by any regular full time employees on the seventh (7th) consecutive work day of the same work week, shall be paid for at the rate of two (2) times the regular hourly rate of pay. How- ever, all regular full time bartenders who work a forty-eight (48) hour week shall be compensated at the wage scale provided here- inafter. Section 7. On all classifications when full time work is available, senior employees shall be given the first opportunity to work the full week if the senior employees are available. There shall be no discrimination in favor of junior employees. This shall operate within the classifications only. The Employer will not use this provision to establish any split shift. ARTICLE VIII WAGES Wages are to be paid in the manner and at the time which prevailed as between the Employer and the Employees covered by this Resolution, immediately prior to the adoption of this Resolution. ARTICLE IX MILITARY LEAVE Any employee called for military service or compulsory military training shall not lose his job or seniority standing by reason thereof, and any employee hired in his place during his absence shall be so informed. ARTICLE X HOLIDAYS All full time regular employees are entitled to be absent from work without loss of pay on the following holidays, to-wit: New Year's Day, Decoration Day, Fourth of July-, Labor Day, Thanksgiving? Day, and Christmas Day. (No employee shall perform work on a holiday except at the specific request of the Employer). When the work is performed on any of the above holidays, overtime for the week shall be computed at the rate of time and one-half (11) after forty (no) hours of actual time worked. (As to employees employed on a forty-eight (L8) hour work week, the overtime rate shall be computed after forty-eight (lab) hours of actual time worked) . A part time employee receives compensation according to his regular schedule and only for time worked. Whenever a holiday (as noted above) falls on a Sunday or on the "day- off" of a regular full time employee such employee shall not lose the benefit of this provision and shall be entitled to take another day in lieu of the holiday lost or as the "day-off" of his empl.oyment.Such "day-off" to be taken shall he the next business day following except that if the needs of the business demand and the Employer so requests that then the "day-off" to be taken shall be another day but within the period of the next five (5) business days following. A regular full time employee who is requested to forego his "day-off" and who works on such day is entitled to compensation pay computed at one and one-half (l ) times his regular time. A part time employee receives compensation only for time actually worked including any day on which an election is held and no work is performed during the hours of and by reason of such election. ARTICLE XI LEAVE OF ABSENCE Section 1. The Employer agrees to grant reasonable and necessary time off without pay to any employee designated to attend labor conventions or to serve in any capacity on other official union business. The Employee shall give the Employer reasonable notice in advance of such meetings in the event that alternate arrangements will be required. 27 Resolution No. 30-1963 (conft) Section 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 discipline 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 writtem verification of his condition by a competent autY?ority. '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, sub- jects the Employee to appropriate discipline by the City. Inability to work because of sickness or injury, shall not result in loss of seniority rights. ARTICLE XI_I WAGE SCALE lY All bartenders working forty (0) hours per week shall receive One Hundred and no/100 (8100.00) Dollars per week. All bartenders working forty-eight (48) hours per week shall receive One Hundred Twenty-seven and 40/100 ($127.10) Dollars Per Week. All extra bartenders shall receive Twenty ($20.00) Dollars for work done on a working day which consists of eight (8) working hours. All waitresses working forty (40) hours per week shall receive Fifty-three and 60/100 ($53.60) Dollars; all short hour waitresses shall be paid One and 60/100 ($1.60) Dollars per hour. ARTICLE XITT EMPLOYEE SUBSTITUTION No employee shall be required to secure a substitute or replacement when such employee is absent from work, and no employee shall be permitted or authorized to provide a substitute for himself when off duty for any reason whatsoever. ARTICLE XIV NO WOMEN BARTENDERS No woman shall be employed as a bartender nor shall she be permitted to serve drinks other than at tables or booths. ARTICLE XV DISCHARGE Section 1. 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 discharge 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 within twenty-four (2h) 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 (2I ) hours after the 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 inwriting and delivered to the City within fifteen (15) days of discharge. 28 Resolution No. 30-1963 (con't) Section 2. Consistent with the provisions of this Resolution, the parties hereto may and shall, formulate and agree upon shop rules and regulations to govern the conduct of employees and such rules and regulations shall remain in force and effect unless and until altered and amended by further agreement by the Parties. Vio- lation by any Employee of such rules and regulations subjects the Employee to appropriate discipline provided that should the Employee deny such violation then, before discipline is finalized, the matter may and shall be investigated by the City and the Union, and the dispute or grievance arising therefrom may be adjusted IIIor- referred to an Adjustment Panel as provided under Sec. 179.57 MSA. ARTICLE XVI AMENDMENTS Amendments may be made at any time to this Resolution by the City Council. ARTICLE XVII This Resolution shall be considered to have been in force and in effect as of March 1, 1963. PASSED AND ADOPTED THIS 4th DAY OF MARCH, 1963 BY THE CITY COUNCIL OF THE CITY OF FRIDLEY. CITY OF FRIDLEY, MINNESOTA By: Y'n . N.T: OR C - = CT7 RESOLUTION NO. 31-1963 A RESOLUTION DELETING CERTAIN SPECIAL ASSESSMENTS III WHEREAS, a water lateral assessment in the amount of $307.00 was levied on Lot 19, Block 1, Spring Lake Park Lakeside, under Improvement Project No. SW-18 inadvertently and in error October 8, 1962. NOW, THEREFORE BE IT RESOLVED as follows: That the above water lateral assessment in the amount of $37.00 be deleted from the assessment roll of Sewer and Water Improvement Project No.48. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lath DAY OF a MARCH, 1963. /LAA,,, 'I - Willi.,. . ee CITY MANA ER - Earl P.%- agner ST: C - , C-71. - arvin . :rune 1