Loading...
RES 1973-61 - 0000810299 RESOLUTION NO. 61 -1973 A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL NO. 49, AFL -CIO (PUBLIC WORKS AND PARKS) WHEREAS, International Union of Operating Engineers Local Union No. 49, AFL -CIO, as bargaining representative for certain Public Works and Park employees of the City of Fridley, has presented to the City of Fridley various requests relating to the working conditions, wages and hours of employees:.of the Public Works and Park Departments of the City of Fridley, and WHEREAS, the City of Fridley has presented various requests to the Union relating to working conditions, wages and hours of employees of the Public Works and Park Departments 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 in the existing contract be- tween 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 employees of the City of Fridley Public Works and Park Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF MAY , 1973. ATTEST: CITY CLERK �- -MARVIN C. BRUNSELL 100 RESOLUTION #61 -1973 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND 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, here- inafter called EMPLOYER, and local No. 49, International Union of Operating Engineers, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employ- ment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENTS'S interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written from the parties agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, throughthis AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE I1, RECOGNITION The EMPLOYERJecognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3 in an appropriate bargaining unit consisting of the following job classifications: (list of those non - supervisory, non - confidential employees) 1. Sr. Sewer, Sr. Water, Sr. Park, Sr. Street (Heavy Equip. Operator) 2. Mechanic 3. Operations $ Maintenance Specialist (Water. Sewer, Park, St. F, Gen.) 4. Operations F, Maintenance Man (Light Equipment) (Water, Sewer, Park, and Street) S. Sanitation, Water, ,Park, Street and Equipment Maintenance Person ARTICLE III UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the I payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 101 RESOLUTION #61 -1973 AGREEMENT - EXHIBIT "A" FINAL -`4 /3/73 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 and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV EMPLOYER AUTHORITY The UNION recognizes the prerogative of the EMPLOYER to operate and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities including municipality personnel policies and work rules. The prerogatives and authority which the EMPLOYER has not officially abridged, delegated or modified by this AGREEMENT are retained by the EMPLOYER. ARTICLE V EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 5.1 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. 5.2 UNION REPRESENTATIVES f The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. j 5:3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION'and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the 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 REP - RESENTATIVE shall be allowed a reasonable amount of time with- out loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided 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. 102 RESOLUTION #61 -1973 AGREEMENT - EXHIBIT "A" 5.4 PROCEDURE FINAL - 4/3/73 Grievances, as defined by Section I, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step I grievance within ten (10) calendar days after receipt. A grievance not resolved in Step_l 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 or 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) calendar 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- desig- nated 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 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- desig- nated 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 arbitration subject to the provisions of the Public Employment Labor Rela- tions Act of 1971. 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. 1 r RESOLUTION #61 -1973 AGREEMENT - EXHIBIT "A" 5.5 ARBITRATOR'S AUTHORITY 103 FINAL - 4/3/73 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 con- sider 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 not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following 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 appli- cation 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 pro- ceedings, 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. 5.6 WAIVER If a grievance is not presented within the time 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. ARTICLE VI DEFINITIONS 6.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL -CIO. 6.2 EMPLOYER: The City of Fridley 6.3 UNION MEMBER: A member of the International Union of Opera- ting Engineers, Local No. 49. 104 RESOLUTION #61 -1973 AGREEMENT - EXHIBIT "A" FINAL - 4/3/73 6.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 1 6.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowances. 6.6 SENIORITY: Length of continuous service with the EMPLOYER. 6.7 COMPENSATORY TIME: Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 6.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 6.9 STANDBY PAY: Compensation for standing by, or being available for work on days that are normally considered the employee's day off. ARTICLE VII SAVINGS CLAUSE This 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 judgment or decree no appeal has been taken within the time provided, such provision shal� be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE VIII WORK SCHEDULES 8.1 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. 8.2 Service to the public may require the establishment of regu- lar 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 advance notice to the employees affected by the establishment of work days different from the employees normal eight (8) hour work day. 8.3 In the event that work is required because of unusual cir- cumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent him from so working. i RESOLUTION #61 -1973 AGREEMENT - EXHIBIT "A" FINAL - 4/3/73 105 8.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and /or Sundays. ARTICLE IX OVERTIME PAY 9.1 Hours worked in excess of eight (8) hours within a twenty - four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one -half (1 1/2) times the employee's regular base pay rate. 9.2 Overtime will be distributed as equally as practicable. 9.3 Overtime refused by employees will for record purposes under Article 9.2 will be considered as unpaid overtime worked. 9.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE X CALL BACK An employee who is called to duty during his scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one - half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum, nor does a call back to work if less than one (1) hour has elapsed since the employee's work period ended. ARTICLE XI LEGAL DEFENSE 11.1 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. 11.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XII 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 XIII DISCIPLINE The EMPLOYER will discipline employees only for just cause. 106 RESOLUTION #61 -1973 AGREEMENT - EXHIBIT "A" ARTICLE XIV SENIORITY FINAL - 4/3/73 Seniority will be the determing criterion for transfers, promo- tions and lay offs only when all other qualification factors are equal ARTICLE XV PROBATIONARY PERIODS 15.1 All newly hired or rehired employees will serve a six (6) months' probationary period. 15.2. All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 15.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discre- tion of the EMPLOYER. 15.4 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 XVI 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 XVII JOB POSTING 17.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 17.11 have the necessary qualifications to meet the standards of the job vacancy; and 17.12 have the ability to perform the duties and responsibilities of the job vacancy. 17.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XV (PROBATIONARY PERIODS). 17.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 17.4 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. 107 S /Frank G Liebl MAYOR FRANK G. LIEBL FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 S /James Boemer BUSINESS AGENT ' S /Donald C Carrigan STEWARD S /Chester C. Swanson STEWARD I recommend to the City Manager and Council that the City of Fridley enter into the above AGREEMENT for the year 1973. 4 MARV "IN C. BRUNSELL - ASST. CITY MGR. FINANCE DIRECTOR a i RESOLUTION #61 -1973 AGREEMENT - EXHIBIT "A" FINAL - 4/3/73 ARTICLE XVIII DURATION ' This AGREEMENT shall remain in full force and be effective effect until as of January 1, the thirty -first 1973 and shall day of December, 1973. In witness whereof, the parties hereto have executed this AGREEMENT on this 7TH DAY OF MAY 1973. FOR CITY OF FRIDLEY S /Gerald R Davis CITY MANAGER - GERALD R. DAVIS S /Frank G Liebl MAYOR FRANK G. LIEBL FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 S /James Boemer BUSINESS AGENT ' S /Donald C Carrigan STEWARD S /Chester C. Swanson STEWARD I recommend to the City Manager and Council that the City of Fridley enter into the above AGREEMENT for the year 1973. 4 MARV "IN C. BRUNSELL - ASST. CITY MGR. FINANCE DIRECTOR a i 108 RESOLUTION #61 -1973 AGREEMENT - EXHIBIT "A" FINAL - 4/3/73 APPENDIX NO. 1 TO MASTER LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL -CIO ARTICLE I Section 1. 1973 Salaries 6 MONTH BASE PAY TRIAL PERIOD 1. Sr. Sewer, Sr. Water, Sr. Park and Sr. Street (Heavy Equipment Operator) $925 Per Mo. $907 Per Mo. 2. Mechanic $925 Per Mo. $890 Per Mo. 3. Operations & Maintenance Specialist (Water, Sewer, Park, Street and General) $890 Per Mo. $872 Per Mo. 4. Operations & Maintenance Man-. (Light Equipment)(Water, Sewer, Park and Street) $855 Per Mo. $805 Per Mo. S. Sanitation, Water, Park, Street and Equipment Maintenance Person $800 Per Mo. ' f 109 RESOLUTION #61 -1973 ADDENDUM NO. 1 TO LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL -CIO It is mutually agreed between parties signing this Addendum that it is and shall be a part of the master labor Agreement between the City of Fridley and International Union of Operating Engineers Local No. 49, AFL -CIO for the calendar year 1973 and 1974. ARTICLE I VACATIONS Section 1. Each employee of the City who has worked continuously 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 vacation for each month so worked. An employee who has worked eighty -four (84) consecutive months is entitled to one and one -half (1 1/2) workdays of vacations for each month worked beginning with the eighty -fifth (85th) month of consecutive employment. An employee who has worked one hundred eighty (180) successive months is entitled to one and two - thirds (1 2/3) workdays of vacation for each month worked beginning with the one hundred eighty - first (181st) month of consecutive employment. Except where otherwise provided by agreement between the City Manager and employee, no more than twenty (20) days vacation may be taken in any one calendar year. Section 2. Employees are not authorized to carry over from one year to the next more than S days of vacation over what the employee had at the end of the previous year, without express approval of his Depart- ment Head and the City Manager. Section 3. 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. Section 4. Seniority will apply on vacations up to May 1st of each year. After May 1st, vacations will be on a first come, first served basis. 110 RESOLUTION #61 -1973 ADDENDUM NO. 1 INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL -CIO ARTICLE II FINAL 4/17/73 STANDBY PAY AND MINIMUM CALL BACK FOR STANDBY EMPLOYEES Section 1. Employees who are designated by the City Manager to serve in a " stanyby" status on behalf of the City on a Saturday or Sunday or tither holiday of the City to perform work as may be necessary to the public interest on such day will receive as compensa- tion for such services as "standby" two hours of overtime pay for each day served in such status. If on any such day the employee in "standby" shall actually perform work for the City, he 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 two hours standby pay. Section 2. 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 III EMPLOYEE EDUCATION PROGRAM Section 1. The City will pay tuition costs for training courses relavent to the employee's present or anticipated career responsibilities at City approved institutions. The City will pay fifty percent of the cost of tuition in advance and the employee will pay the other fifty percent. The employee will be required to present to his Departments Head a certification of satisfactory work when the course is completed. a. Courses issuing a letter Grade - a "C" or above is required. b. Courses issuing a numerical grade - a 1170" percentile is required. c. Courses not issuing a grade - a certification from the instructor certifying that the student has satisfac- torily participated in the activities of the courses is required. Section 2. If the employee satisfactorily completes the course, he will be reimbursed for the additional fifty percent tui- tion. 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. Section 3. The City will not reimburse the employee for expenses I reimbursed under some other education system or program, i.e., G.I. Bill. i RESOLUTION #61 -1973 ADDENDUM NO. 1 FINAL INTERNATIONAL UNION OF OPERATING ENGINEERS 4/17/73 LOCAL NO. 49, AFL -CIO ' ARTICLE IV HOLIDAYS Section 1. Holidays include New Year's Day, January 1; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, the fourth Monday in October; Thanks- giving Day, the fourth Thursday in November; and Christmas Day, Decem- ber 25; 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. If additional holidays are granted by the City Council by ordinance, the employees covered by this resolution will receive the benefit of such additional holiday. ARTICLE V NORMAL SICK LEA Section 1. Any employee who is unable to work because of sickness or injury may obtain sick leave upon notice to the City. Written verification of his condition by a competent medical authority may be required. 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 notify the City subjects the employee to appropriate discipline by the City. Section 2. Each employee of the City who has worked regularly for the City for a period of not less than six (6) successive months is entitled 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 has worked a minimum of six (6) months is entitled to one (1) day of sick leave for each month worked, cumula- tive to one hundred twenty (120) days of sick leave. After one hundred twenty (120) earned and unused days of sick leave have accumulated, one (1) day additional vacation shall be granted to an employee for every three (3) 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 additional vacation for every three (3) sick leave days earned and unused. Sick leave days shall not accu- mulate beyond one hundred twenty (120). Before any sick leave compen- sation 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 competent physician or other medical attendant certifying to the fact that the absence was in fact due to sickness and not otherwise. The City also reserves the right to have an examina- tion made at any time of any person claiming absence by reason of sick- ness; such examination may be made when the City deems the same reason- , ably necessary to verify the sickness claimed and may be made in behalf of the City by any competent person designated by the City. Sick leave is to be used normally for the sickness of the employee only, however, two sick days per year may be used for the followin s ecified uses: T17-Serious illness of the spouse. (2) Serious illness of child. The special use day s cannot be accumulated from one ear to the next and if they are not use they are included in the normal sic k leave accumulati 112 RESOLUTION #61 -1973 ADDENDUM NO. 1 FINAL INTERNATIONAL UNION OF OPERATING ENGINEERS 4/17/73 LOCAL NO. 49, AFL -CIO ARTICLE VI , INJURY ON JOB Section 1. Any full time City employee who has been employed by the City at least six (6) months, injured on his regular job, shall be entitled to full pay up to a period of ninety (90) days while he is absent from work by reason of such injury and his accrued sick leave will not be charged until after and beginning with the ninety -first (91st) day of absence from work by reason of such injury, provided; however, the amount of any compensation shall be reduced by any payment received by the injured employee from work- men's compensation insurance. An employee who claims an absence from work due to an injury sustained on his regular job is subject to an examination to be made in behalf of the City by a person competent to perform the same and as is designated by the City. ARTICLE VII FUNERAL PAY Section 1. In 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. ARTICLE VIII JURY PAY AND WITNESS FEES Section 1. 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 for the purpose of complying with such summons, and while absent from work in accordance therewith, such employee shall be entitled to receive as pay a sum of money equal to the difference between what he receives as compensation for such jury duty or witness fees, and his regular pay. ARTICLE IX MILITARY LEAVE Section 1. Any employee absent from work in accordane with the order of a duly established military authority shall receive pay and compensation during such absence as is provided by State Law. RESOLUTION #61 -1973 ADDENDUM NO. 1 INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL -CIO ARTICLE X HEALTH AND HOSPITAL INSURANCE FINAL 4/17/73 1133 Section 1. Regular full time employees shall receive the same as other City employees, which policy at the present time provides that the City pays for the employees Health and Hospital Insurance and that the employee pays for dependent coverage. The City also provides life insurance equal to annual salary, with a maximum of 510,000. The City also provides additional ADF,D insurance equal to salary, with a maximum of $10,000. Section 2. A representative from the employee group shall be included on a committee which makes recommendations on the content of specifications for any new policy. Such recommendations are subject to Council approval. ARTICLE XI HIRING PRACTICES - JOB POSTING - FOREMAN - SR. MECHANIC Section 1. Whether the Foremen and Sr. Mechanic positions remain in the bargaining unit or not, the City reserves the right to hire the best qualified person for the position, whether the employee under consideration is a present City employee or not. Present quali- fied members of the bargaining unit will not be excluded from consider- ation for the position of Foreman. Foremen will not be covered by the same job posting and hiring practices as contained in the master contract. ARTICLE XII INCENTIVE PAY (LONGEVITY) Section 1. 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: LXWI r 041FAM Subd. a. After 5 years of service - 2 1/2% of base salary rounded 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 114 RESOLUTION #61 -1973 Subd. b YEAR 1974 After 5 years of service - After 10 years of service - 2 1/20 of base salary rounded to the nearest dollar amount S% 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 Section 2. 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 incen- tive 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 XIII TTMT Pn Rb9R Section 1. The City of Fridley will furnish uniforms to the employees of the bargaining unit free of charge to the employee. The City reserves the right to select the type of uniform to be fur- nished. The City will agree to furnish rain equipment and special safety equipment for all employees. ARTICLE XIV SEVERANCE PAY Section 1. Employees permanently hired prior to March 31, 1973 are eligible for severance pay, according to the following schedule: "An employee with 48 or more consecutive months of-employ- ment will receive severance pay in cash based on one and one -half (1 1/2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of same." Section 2. Employees hired after March 31, 1973 will not be eligible for severance pay. The City recognizes its prior commit- ment to employees permanently hired prior to March 31, 1973. Neither the City nor the Union will attempt to reduce severance pay for those eligible employees in future contracts. ARTICLE XV REPRESENTATIVE ON AREA WIDE NEGOTIATIONS ' Section 1. If the Union Fridley work bargaining unit for more the salary of such emplo area wide negotiations. representation among the chooses to use one of the personnel from the force as a representative on the area wide than one year in three, Local No. 49 will pay fee for the second year, for the time spent on The purpose is to spread the cost.of such several communities involved in joing negotiations 115 RESOLUTION #61 -1973 ADDENDUM NO. 1 FINAL INTERNATIONAL UNION OF OPERATING ENGINEERS 4/17/73 LOCAL NO. 49, AFL -CIO ARTICLE XVI DURATION This ADDENDUM NO. 1 to the AGREEMENT shall be effective as of January 1, 1973 and shall remain in full force and effect until the thirty -first day of December, 1974. In witness whereof, the parties hereto have executed this ADDENDUM NO to the AGREEMENT on this _ 7TH day of MAY , 1973. FOR THE CITY OF FRIDLEY S /Gerald R. Davis CITY MANAGER - GERALD R. DAVIS S /Frank G. Liebl MAYOR - FRANK G. LIEBL FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO SJJames Boemer BUSINESS AGENT S�Donald WARD C. Carrigan E S /Chester C. Swanson STEWARD I recommend to the City Manager and Council that the City of Fridley enter into the above ADDENDUM NO. 1 to the AGREEMENT for the years 1973 and 1974. rvin C. Brunsell N C. BRUNSELL - 1