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RES 1962-187 - 00012584196 RESOLUTION NO. 1R7 -1962 A RESOLUTION ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS FOR EMPLOYEES EMPLOYED BY THE MUNICIPAL LIQUOR STORE ( OFF SALE ) WHEREAS, Brewing, Liquor, Soft Drink, Carbonated and Spring Water, Drivers, 7elpers and Inside Employees Union Local 792, as bargaining representatives of the employees of the off -sale Store of tine Municipal Liouor 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 employees of the off -sale store of the Municipal linuor 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 unicipal liquor Store (Off -Sale) be adopted and placed in effect, to -wit: ARTICLE I Section 1. The employer will not enter into any agreement or contract with his Employees, individually or collectively, which in any way conflicts with the terms and provicions of this Resolution. Section 2. Picket Line. 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 Teamsters 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. Section 3. The ;�rnployer will cooperate with the Employee in obtaining injury compensation payments from his insurance carrier for just and legal claims. Section 4. Any claim of alleged violation of the wage and hour nro- visions of this agreement, or any other claimed grievance of any kind, to be valid and to receive consideration, must be filed in writing by the em l.oyee or his representative specif,-ing the details of the alleged violation, with the Employer within thiety (30) days after the regular pay day for the neriod in which the violation occurred. This shall not apply to discharge cases which shall be considered under Article X. The thirty (30) day limitation shall not apply where there is collusion between the Employer and the Emnloyee to violate the contract. Section 5. The City agrees that the rules, regulations and conditions of employment negotiated relative to any employee of any Off -Sale Liouor Store wo are not parties to or within the provisions of this resolution shall not in any respect provide to such Off -Sale Liquor Store employees more favorable, wave scale, terms and conditions than are contained in the within Resolution for similar situations and/ or job classifications and comparable working conditions. ARTICLE II An Employee on the seniority list inducted into military service under the provisions of the Federal Selective Service Training Act of 1940, and any amendments that may be made herea_ ter, or voluntarily enlisting into the 19.litary 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 t.mitten notice thereof from the employee to be upon leave of absence and will accumulate seniority during such compulsory military service training period, for the durstign of such war respectively, and upon termination of such service will be re- employed in line with his seniority, at the then current rate for such work, provided he has not been dishonorably discharges from such service with the United States Government and is qualified and able to do work available, and, further provided he reports for work within nineth (90) days of the date he is discharged from such service with the United States Government, and gives the employer at least ten (10) days notice in writing of intent to return, prior to reporting. 1' 1 197 ARTICLE III Any controversy arising from the interpretation o£, or adherence to, the terms and provisions of this Resolution or otherwise, may be settled by negotiation between the Union and the Employer. If the controversy cannot be settled within ten (10) days, such controversy can be referred to an adjustment panel in accordance with and under the provisions of law. ARTICLE IV The City authorizes the right and privilege of the union to designate a job steward to handle such Union business as may from time to time be delegated to the job steward by the Union Executive Board. ARTICLE V SENIORITY 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. B. Em-loyee promotions and demotions be based upon length of service - all else being equal -.e., performance on the job be satisfactory in the view of the Employer. C. Employee does not establish seniority rights until he shall have worked a tota'_ of six (6) months. D. Except as to present job incumberts, residents of the City of Fridley shall be given preference in matters of layoffs and return towork, all else being equal. E. Seniority rights do not include tenure. F. Seniority shall not apply to part time Employees except among themselves. ARTICLE VI BOND Should the Employer require Employee to give bond, premium on same shall be paid by the Employer. ARTICLE VII VACATIONS Section 1. All regular full time Employees herein classified who have wcr ked 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 voluntarily enter 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 ful year's w -rk. Section d. In the event a regular full time Employee quits or his em-loyment is severed for any reason whatsoever, he shall receive his earned vacation pay. .198 ARTICLE VIII Section 1. Hours of work: 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 forty (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) 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 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 w -iich 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) y-3 r 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. Holidays: All regular full time Employees shall receive full pay for New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christman Day, as well as full. pay for any work time lost on an election day because of election day closing regulations. rouble time shall be paid for work actually performed on any of the above specified holidays. It is further agreed that in the event a holiday falls on a Sunday or on the "day off" of a regular full time Employee that then the following day shall. be considered and allowed to such Employee as a holiday. This provision does not apply to part time or extra Employees and such Employees are paid regular pay only for actual work performed. Section L. 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 o£ four (4) hours' pay, except as agreed to between the individual, Employer, and the Union. Section 5. Except in cases of emergency or where it is clearly unavoid- able, no Employees shall work overtime until all regular Employees on the seniority list have worked the full week. Section 6. 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. ARTICLE IX LEAVE OF ABSENCE Section 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. Section 2. Except for time off for business as provided above, an Em- ployee 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 written verificati.in of his condition by a competent medical authority; '-:here r [J 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 iniury, shall not result in loss of seniority rights. ARTICLE X 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 h) warning notice in writing of any complaint against such ty nloyee. No warning notice need be given if the cause of discharge is drunkenness or dishonesty while on duty. rlurther, when- ever 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 twent•= -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 compensat'on by reason that the City relieved him of his duties. The City shall send to the Union �-rithin twenty -four (24) hours after suspension cr discharge of an Employee, a copy of the dischar, *e notice, which shall contain the r -ason 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. 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 regu- lations shall remain in force and effect unless and until altered and amended by further agreement by the rarti_es. Violation by any Employee of such rules and regulations subjects the Employee to apr- opriate discipline provided that should the Employee deny such violation, then, before discipline is finalized, the matter Tray and shall be investigated by the Ci�y and the Union, and the dispute or grievance arising there- from may be adjusted or referred to an Adjustment Panel as provided under Section 179.57 - MSA. ARTICLE XI It is the intention of the parties that the procedure established in this resolution for the adjustment of disputes shall be in accordance with Law applicable to Municipal 6orporations and its Employees. That the means for the determination of all disputes, complaints or griev- ances 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 eeuity, or to compel arbitration, contrary thereto. This provision shall he a complete defense to any action instituted contrary to this Resolution. Section 1. Clerk Clerk & Stockman Stockman ARTICLE XII RATES OF PAY September 1, 1962 44 Hours 1.95/ hour $ 1.95 /hour $ 1.74 /hour 199 200 Section 2. 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. Section 3. It shall be a violation of this Resolution for any sales- man or promotional man working for a wholesale liquor house to work in any liquor store, as an employee. Section L. Part t`_me Employees working twenty (20) hours per week or less, may receive ten cents ($.10) per hour less than the rates listed above. ARTICLE XIII Section 1. With respect to pensions and health and hospitalization benefits, the regular full time Employee is entitled to and shall receive the same as provided by the General Ordinance of the City of Fridley and in accordance with State Law. Section 2. No Health and Welfare payment or pension payments are to be paid on part time Employees. ARTICLE XIV This Resolution shall be effective as of September 1, 1962 and shall remain in full force and effect until August 31, 1963, and shall remain in fu71 force and effect from -.year to year thereafter unless written notice is given by either party sixty (60) days prior to August 31, 1963, or in any year thereafter. This Resolution shall be retroactive to September 1, 1962, in all respects except as herein noted. PASSED AND ADOPTED THIS 5TH DAY OF NOVEMBER, 19623 BY THE CITY COUNCIL OF THEP, CITY OF FRTDLEY. ATTEST: CITY C7E M arvin C. Brunsell MAYO - T.E. Greig U