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RES 1979-44 - 00006692RESOLUTION NO. 44 - 1979 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 YEARS 1979 AND 1980 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, and 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 now 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 MARCH, 1979. MAYOR - WILLIAM J. NEE ATTEST: 7)?a � 441�� CITY CLERK - MARVIN C. BRMSELL 61 62 RESOLUTION NO. 44 -1979 (continued) PAGE 2 1979 AND 1980 LABOR AGREEMENT BETWEEN LIQUOR UNION EMPLOYEES, LOCAL NO. 792 INDEX ARTICLE I - PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . 3 ARTICLE II - RECOGNITION . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE III - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV - EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . 4 ARTICLE V - EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . . 4 ARTICLE VI - UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE VII - SETTLEMENT OF DISPUTES, GRIEVANCE PROCEDURE. . . . . . . 4 ARTICLE VIII - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE IX - PICKET LINE . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE X - OBTAINING INJURY COMPENSATION PAYMENTS . . . . . . . 5 ARTICLE XI - MILITARY SERVICE. . . . . . . . . . . . . . . . . . . . 5 ARTICLE XII - SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XIII - BOND . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XIV - VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XV - HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XVI - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XVII - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XVIII - CALL -IN -TIME . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XIX -PAY RECORDS . . . . . . . . . . . . . . . . . . . . . . . B ARTICLE XX - LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XXI - DISCHARGE . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XXII - JURY PAY . . . . . . . . . . . . . . . . . . . . . . . . B ARTICLE XXIII - SEVERANCE PAY . . . . . . . . . . . . . . . . . . . . . B ARTICLE XXIV - FUNERAL LEAVE . . . . . . . . . . . . . . . . . . 9 ARTICLE XXV - HEALTH AND WELFARE BENEFITS . . . . . . . . . . . . . . . 9 ARTICLE XXVI - RATES.OF PAY . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XXVII - DURATION . . . . . . . . . . . . . . . . . . . . . . . 9 RESOLUTION NO. 44 - 1979 (Continued) LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND BEER, LIQUOR, SOFT DRINK, SPRING WATER, TAXICAB, LIVERY, AMBULANCE AND VENDING DRIVERS, ALLIED SALES PAGE 3 DRIVERS, HELPERS, AND INSIDE EMPLOYEES UNION, LOCAL NO. 792 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of March 15, 1979 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. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statues, Section 179.71, Subdivision 3, for all liquor personnel in the following job classifications; 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, 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. M4 MM 64 RESOLUTION NO. 44 -1979 (continued) PAGE 4 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 Stores 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 inter- ruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the dis- cretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from 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 employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and /or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this ARTICLE. ARTICLE VII SETTLEMENT OF DISPUTES, GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE I A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. RESOLUTION NO. 44 -1979 (continued) PAGE 5 7.2 Any claim of alledged violation of the wage and hour provisions 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 employee or his representative specifying the details of the alleged violation, with the EMPLOYER within the thirty (30) days after the regular pay day for the period in which the violation occurred. This shall not apply to discharge cases which shall be considered under ARTICLE XXI. The thirty (30) day limitation shall not apply where there is collusion between the EMPLOYER and the employee to violate the contract. ' 7.3 Any controversy arising from the interpretation, of, or adherence to, the terms and provisions of this AGREEMENT or otherwise, may be settled by negotiation between the UNION and the EMPLOYER. If the controversy cannot be settled within ten (10) days of the date of notification of EMPLOYER, such controversy can be referred to an adjustment panel in 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 a competent jurisdiction from whose final judgement or decree no appeal has been taken ' within the time provided, such provisions shall be voided. All other pro- visions 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 65 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 - Subject to the laws. 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 to service if more than ninety (90) days has elapsed since the employee was laid off. B. Employee promotions and demotions be based upon length of ser- vice - all else being equal i.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 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. MM RESOLUTION NO. 44 -1979 (continued) E. Seniority rights does not include tenure. PAGE 6 F. Seniority shall not apply to part time employees except among themselves. ARTICLE XIII BOND Should the EMPLOYER require employee to give bond, premium on same shall be paid by the EMPLOYER. ARTICLE XIV VACATIONS 14.1 Each employee of the City 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 vacation for each month so worked; an employee who has worked eighty - four (84) successive months is entitled to one and one -half (1z) workdays of vacation 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 (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. 14.2 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 lst, 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 voluntarily 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 XV HOURS OF WORK 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 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 (1z) 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 add- itional rates paid on any previous day. Any employee who per- forms 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 in- jured employee or one on leave of absence or otherwise, or to 67 RESOLUTION NO. 44 -1979 (continued) PAGE 7 meet the demands of business during so called peak hours is deemed to be part time emoloyee. 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 posted. 15.2 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 time. ARTICLE XVI SICK LEAVE Each employee of the City who has worked regularly for the City for a period 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, cumulative 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 ac- cumulated, to receive one (1) day additional vacation for every three (3) sick leave days earned and unused. Sick leave days shall not accumulate beyond one hundred twenty (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 sioned 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 examination made at any time of any person claiming absence by reason of sickness; such examination may be made when the City deems the same reasonably 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 for the sickness ' of the employee only. However, two sick days per year may be used for the following specified uses: (1) 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 included in the normal sick leave accumulation. ARTICLE XVII HOLIDAYS 17.1 All regular full time employees 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 Christmas Day, December 25; provided when New Year's Day, January 1; or Independence Day, July 4; or Christmas Day, December 25; falls on Sunday, the following 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 guar - anteed 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. 68 RESOLUTION NO. 44 -1979 (continued) PAGE 8 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. 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 per - mission from both the UNION and the City. Failure to comply with this provision shall result in loss of seniority rights of the emoloyee 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 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. In- ability to work because of sickness or injury, shall not result in loss of seniority rights. 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) warn= inq notice in writing of any complaint against such employee. No warning ' notice need be given if the cause of discharge is drunkenness or dis- honesty 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 (24) hours that the employee has been relieved, but if thereafter it is established and determined that the employee was in fact able to per- form his duties then the emoloyee shall suffer no loss of wage or com- pensation 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 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 SEVERANCE PAY , Seve erance pay will be paid an employee upon honorable separation of em to met in accordance with the following: An employee with forty -eight 48 or more consecutive months of employment will receive severance pay in cash based on one and one half (12) days of severance pay for each twelve consecutive months worked. The amount of severance pay due an employee shall not exceed one -third (1/3) of their unused sick leave. RESOLUTION NO. 44 -1979 (continued) PAGE 9 ARTICLE XXIV FUNERAL LEAVE In 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 add- itional time off granted by the City Manaqer 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, grand- parent, brother, sister, mother -in -law or father -in -law. ARTICLE XXV HEALTH AND WELFARE BENEFITS 25.1 The City will pay the cost of the employees share of the present health and welfare and life insurance plan, not to exceed the amount in Article 25.2. 25.2 The City will pay up to a maximum of forty -nene dollars ($49) per month towards hospitalization insurance for the year 1979, and will pay up to an additional five dollars ($5) per month for the permanent employees hospitalization insurance for the year 1980. 25.3 No health and welfare benefits are to be paid on part time employees. ARTICLE XXVI RATES OF PAY RATES OF PAY YEAR 1979 YEAR 1980 Full Time Clerks lst 6 Months $4.93 $5.17 After 6 Months 5.19 5.44 After 1 Year 5.46 5.73 Part Time Clerks 1st 6 Months $4.48 $4.71 After 6 Months 4.72 4.96 In addition to the above base salary for 1980, the City will pay eighty per- ' cent (80%) of the amount the Minneapolis /Saint Paul Consumer Price Index exceeds five percent (5%) as calculated from January 1, 1979 to January 1, 1980, with a maximum salary increase of seven percent (7%) for the year 1980. ARTICLE XXVII DURATION This Agreement shall be effective as of the first day of January, 1979, and retroactive to January 1, 1979, in all respects, and shall remain in full force and effect until the 31st day of December, 1980. In witness whereof, the parties hereto have executed this Agreement on this 19th day of March, 1979. CITY OF FRIDLEY L/v MAYOR - WILLIAM J. NEE CITY MANAGER - NASIM M. QURESHI 1 TEAMSTER LOCAL 792 BUSINE ENT - WARREN H. J HNS N APPROVAwL RECOMMENDED OV MARVIN C. BRUNSELL, ASS TY MGR. /FIN.DIR. 11