RES 1984-54 - 00005399• arc � u �
RESCLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN
EMPLOYEES REPRESENTED BY LOCAL NO. 49, AFL -CIO (PUBLIC
WORKS AND PARKS) FOR 1984 -1985
WHEREAS, International Union of Operating Engineers Local 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 of employees of the Public Works and Park
Departments of the City of Fridley; and
WHEREAS, the City of Fridley has presented to the designated representatives
of Local 49 various requests relating to working conditions 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 to the existing agreement between the City and
the Union;
NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that such agreement is
hereby ratified and that the Mayor and the City Manager are hereby authorized
to sign the attached Agreement including Appendix A and Appendix B relating to
working conditions of employees of the City of Fridley Public Works and Park
Departments.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF
APRIL„ 1984.
WILLIAM J. NE MAYOR
ATTEST: -
L
SIDNEY C. E%M - CITY CLERK
82
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JANUARY 1, 1984 - DECEMBER 31, 1985
83
i
MASTER LABOR AGFdKEMENT
BETWEEN THE
MEIIiOPOLITAN AREA MANAGEMENT ASSOCIATION
(MAMA)
1
REPRESENTING THE CITIES OF:
Blaine
Eden Prairie
New Hope
Brooklyn Center
Edina
Oakdale
Brooklyn Park
Fridley
Richfield
Burnsville
Golden Valley
Robbinsdale
Circle Pines
Hopkins
Roseville
Columbia Heights
Minnetonka
St. Louis Park
Cottage Grove
Mounds View
White Bear Lake
Crystal
AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
(IUOE)
LOCAL N0. 49,
AFL -CIO
1
JANUARY 1, 1984 - DECEMBER 31, 1985
83
i
F4
TABLE
OF
CON
ElM
BBTZQ�E
Paz
I
PURPOSE OF AGREEMENNT. . .
.
.
.
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.
1
II
RECOGNITION
1
III
ANION SECURITY . . . . . .
.
.
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. 1
1V
EMPLOYER SECURITY . . . .
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. 2
V
EMPLOYER AUTHORITY. . . .
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. 2
VI
EMPLOYEE RIGHTS - GRIEVANCE
PROCEDURE
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. 2
VII
DEFINITIONS . . . . . . .
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. 5
VIII
SAVINGS CLAUSE . . . . . .
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. 6
IX
WORK SCHEDULES . . . . .
X
OVERTIME PAY . . . . . .
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. 6
XI
CALL BACK . . . . . .
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. 7
XII
LEGAL DEFENSE . . . . . .
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. 7
XIII
RIGHT OF SUBCONTRACT . . .
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. 7
XIV
DISCIPLINE . . . . . . .
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. 7
XV
SENIORITY . . . . . . . .
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. 7
XVI
PRCBATIONARY PERIODS . . .
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. 7
XVII
SAFETY . . . . . . . . . .
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. 8
XVIII
JOB POSTING . . . . .
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8
XIX
INSURANCE . . . . . . . .
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.
8
XX
HOLIDAYS . . . . . . . .
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9
XXI
SCOPE OF AGREEMENTS . . .
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9
XXII
WAIVER
,
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9
XXIII
DURATION . . . . . . . .
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. 9
APPENDIX A - WAGES . . . .
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APPENDIX B - LOCAL ADDENDUM
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DR
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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, hereinafter called
the EMPLOYER, and the Local No. 49, International Union of Operating
Engineers, AFL -CIO, hereinafter called the UNION.
It is the intent and purpose of the AGREEMENT to:
1.1 Establish certain hours, wages and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT'S interpretation and /or application; and
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this AGREEMENT. The EMPLOYER and the
UNION, through this AGREEMENT, continue their dedication to the highest
quality of public service. Both parties recognize this AGREEMENT as a
pledge of this dedication.
ARTICLE II. RECOGNITICN
The EMPLOYER recognizes the UNION as the exclusive representative for all job
classifications listed below whose employment service exceeds the lesser of 14
hours per week or 35 percent of the normal work week and more than 100 work
days per year, excluding supervisory, confidential and all other employees:
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 payment
of dues established by the UNION from the wages of all employees
authorizing in writing such deduction, and
3.2 Remit such deduction to the appropriate designated officer of the UNION.
me
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 under the provisions of this Article.
ARTICLE IV. EMPLOYER SECURITY
The UNION agrees that during the life of this AGREEMENT it will not cause,
encourage, participate in or support any strike, slow -down or other
interruption of or interference with the normal functions of the EMPLOYER.
ARTICLE V. EKFL DYER AUTHORITY -
5.1 The EMPLOYER retains the full and unrestricted right to operate and
manage all manpower, facilities, and equipment; to establish functions
and prograans; 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 discretion of
the EMPLOYER to modify, establish, or eliminate.
' A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of
this AGREEMENT.
6.2 UNION REPRESENMTDW
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.
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 REPRESENTATIVE shall be allowed a reasonable amount of time
without loss in pay when a grievance is investigated and presented to
the EMPLOYER during normal working hours provided that 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.
6.4 PRDCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance
with the following procedure:
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 1 grievance within ten (10) calendar days after receipt. A
grievance not resolved in Step 1 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- designated 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 2 may be
appealed to Step 3 within ten (10) calendar days following the
EMPLOYER-designated representative's final Step 2 answer. Any grievance
not appealed in writing to Step 3 by the UNION within ten (10) calendar
1 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-designated 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.
A grievance unresolved in Step 3 and appealed in Step 4 shall be
submitted to the Minnesota Bureau of Mediation Services. A grievance
not resolved in Step 4 may be appealed to Step 5 within ten (10)
calendar days following the EMPLOYER'S final answer in Step 4. Any
grievance not appealed in writing to Step 5 by the UNION within ten (10)
calendar days shall be considered waived.
A grievance unresolved in Step 4 and appealed in Step 5 shall be
submitted to arbitration subject to the provisions of the Public
Ernplcyment Labor Relations Act of 1971, as amended. 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.
4;; 1•: ..Y4•; 44
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 consider 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 the 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 application 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 proceedings, 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.
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.
If, as a result of the EMPLOYER response in Step 4, the grievance
remains unresolved, and if the grievance involves the suspension,
demotion, or discharge of an employee who has completed the required
probationary period, the grievance may be appealed to Step 5 of Article
VI or a procedure such as: Civil Service, Veteran's Preference, or Fair
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Employment. If appealed to any procedure other than Step 5 of Article
IV, the grievance is not subject to the arbitration procedure as
provided in Step 5 of Article VI. The aggrieved employee shall indicate
in writing which procedure is to be utilized (Step 5 of Article VI or
another appeal procedure) and shall sign a statement to the effect that
the choice of any other hearing precludes the aggrieved employee from
making a subsequent appeal through Step 5 of Article VI.
ARTICLE VII. DEFINITIONS
7.1 UNION
The International Union of Operating Engineers, Local No. 49, AFL-CIO.
7.2 AHUMM
The individual municipality designated by this AGREEMENT.
7.3 UNION MEMBER
A member of the International Union of Operating Engineers, Local 49,
AFL -CIO.
7.4 EMPLOYEE
A member of the exclusively recognized bargaining unit.
7.5 BASE RATE OF PAY
The Employee's hourly pay rate exclusive of longevity or any other
special allowance.
7.6 SENIORITY
Length of continuous service in any of the job classifications covered
by ARTICLE II - RECOGNITION. Employees who are promoted from a job
classification covered by this AGREEMENT and return to a job
classification covered by this AGREEMENT shall have their seniority
calculated on their length of service under this AGREEMENT for purposes
of promotion, transfer and lay off and total length of service with the
EMPLOYER for other benefit under this AC;REEMENT.
7.7 SZM91= PAY
Payment made to an employee upon honorable termination of employment.
MIN
Work performed at the express authorization of the EMPLOYER in excess of
either 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.
0: 1
7.9 CALL BACK
Return of an employee to a specified work site to perform assigned
duties at the express authorization of the EMPLOYER at a time other than
an assigned shift. An extension of or early report to an assigned shift
is not a call back.
ARTICLE VIII. 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 provisions shall 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 IX. WORE SCHEDULES
9.1 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.
9.2 Service to the public may require the establishment of regular 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 seven (7) days
advance notice to the employees affected by the establishment of work
days different from the employee's normal eight (8) hour work day.
9.3 In the event that work is required because of unusual circumstances 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 workday
be scheduled to work more than the eight (8) hours; however, each
employee has an obligation to work overtime or call backs if requested
unless unusual circumstances prevent the employee from so working.
9.4 Service to the public may require the establishment of regular work
weeks that schedule work on Saturdays and/or Sundays.
ARTICLE X. OVERTIME PAY
10.1 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.
10.2 Overtime will be distributed as equally as practicable.
10.3 Overtime refused by employees will for record purposes under ARTICLE
10.2 be considered as unpaid overtime worked.
10.4 For the purpose of computing overtime compensationr overtime hours
worked shall not be pyramided, compounded, or paid twice for the same
works worked.
n
ARTICLE XI. CALL BACK
An employee called in for work at a time other than the employee's normal
scheduled shift will be compensated for a minimum of two (2) hours' pay at one
and one -half (1 -1/2) times the employee's base pay rate.
ARTICLE XII. LEGAL DEFENSE
12.1 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.
12.2 Any employee who is charged with a traffic violation, ordinance
violation or criminal offense arising from acts performed within the
scope of the employee's employment, when such act is performed in good
faith and under direct order of the employee's supervisor, shall be
reimbursed for reasonable attorney's fees and court costs actually
incurred by such employee in defending against such charge.
ARTICLE XIII. 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 XIV. DISCIPLINE
The EMPLOYER will discipline employees only for just cause.
ARTICLE XV. SENIORITY
15.1 Seniority will be the determining criterion for transfers, promotions
and lay -offs only when all job - relevant qualification factors are equal.
15.2 Seniority will be the determining criterion for recall when the
job - relevant qualification factors are equal. Recall rights under this
provision will continue for twenty -four (24) months after lay off.
Recalled employees shall have ten (10) working days after notification
of recall by registered mail at the employee's last known address to
report to work or forfeit all recall rights.
YTdY
•M
16.1 All newly hired or rehired employees will serve a six (6) months'
probationary period.
16.2 All employee's will serve a six (6) months' probationary period in any
job classification in which the employee has not served a probationary
period.
16.3 At any time during the probationary period, a newly hired or rehired
employee may be terminated at the sole discretion of the EMPLOYER.
16.4 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.
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ARTICLE XVII. 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
18.1
The EMPLOYER and the UNION agree that permanent job vacancies within the
designated bargaining unit shall be filled based on the concept of
1
promotion from within provided that applicants:
18.1.1 have the necessary qualifications to meet the standards of the
job vacancy; and
18.1.2 have the ability to perform the duties and responsibilities of
the job vacancy.
18.2
Emmployees filling a higher job class based on the provisions of this
ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY
PERIOD) .
18.3
The EMPLOYER has the right of final decision in the selection of
employees to fill posted jobs based on qualifications, abilities and
experience.
18.4
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.
ARTICLE XIX. INSURANCE
19.1 The EMPLOYER will contribute up to a maximum of one hundred and
forty -five dollars ($145.00) per month per employee for group health and
life insurance including dependent coverage for calendar 1984.
' 19.2 The EMPLOYER will contribute up to a maximum of one hundred f ifty -five
dollars ($155.00) per month per employee for group health and life
insurance including dependent coverage for calendar 1985.
19.3 By mutual agreement employees may use ten dollars ($10.00) per month per
employee of health insurance dollars in 19.1 and 19.2 for dental
insurance for all unit employees.
19.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER
expense for any additional insurance than the individual group health
and group life insurance. Additional life insurance can be purchased by
employees at the employee's expense to the extent allowed under the
EMPLOYER'S group policy.
19.5 Individual employees may provide for an increased EMPLOYER contribution
for insurances over that amount stipulated by 19.1, 19.2 and 19.3 by
lowering their salary from the rates stipulated in APPENDIX A to provide
for an increased EMPLOYER contribution which will fully pay for the
employee's health, life and dental insurance including dependent
coverage.
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ARTICLE XX. HOLIDAYS
The EMPLOYER will provide eleven (11) paid holidays.
« • ��• • • • xa ix
No addendum to this MASTER AGREEMENT can be in conflict with this MASTER
AGREEMENT.
' ARTICLE XXII. WAIVER
22.1 Any and all prior agreements, resolutions, practices, policies, rules
and regulations regarding terms and conditions of employment, to the
extent inconsistent with the provisions of this AGREEMENT, are hereby
superseded.
22.2 The parties mutually acknowledge that during the negotiations which
resulted in this AGREEMENT, each had the unlimited right and opportunity
to make demands and proposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in
this AGREEMENT for the stipulated duration of this AGREEMENT. The
EMPLOYER and the UNION each voluntarily and unqualifiedly waives the
right to meet and negotiate regarding any and all terms and conditions
of employment referred to or covered in this AGREEMENT or with respect
to any term or condition of Employment not specifically referred to or
covered by this AGREEMENT, even though such terms or conditions may not
have been within the knowledge or contemplation of either or both of the
parties at the time this contract was negotiated or executed.
This AGREEMENT shall be effective as of January 1, 1984 and shall remain in
full force and effect until the 31st day of December, 1985, except that either
party may reopen for negotiations for calendar 1985, the wages rates in
APPENDIX A and the local issues as shown in the individual city's APPENDIX B -
IOCAL ADDENDUM to the MASTER AGREFIMn.
IN WITNESS WHEREDF, the parties hereto have executed this AGREEMENT on this
day of , 1984.
94
FOR TO METROPOLITAN AREA
MANAGEMENT ASSOCIATION (MAMA)
I
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FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS- LOCAL NO. 49r
AFL-CIO:
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CITY OF FPMLEY
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A.
WAGES
The following wage schedule will be in effect from the first payroll
period in 1984 through the last payroll period in 1984:
MAINTENANCE III . . . . . . . . . . . . . . . . $ 11.24 per hour
SPECIALIST . . . . . . . . . . . . . . . . . . 11.00 per hour
MAINTENANCE II . . . . . . . . . . . . . . . . 10.76 per hour
MAINTENANCE I . . . . . . . . . . . . . . . . 7.76 per hour
B. All new employees hired after February 71 1984 may be classified at the
sole discretion of the individual cities covered by this AGREEMENT as
MAINTENANCE I and receive Working Out of Classification pay as provided
by Section C of this APPENDIX.
C. WORKING OUT OF CLASSIFICATION PAY
C -1. EYnployees required by the EMPLOYER and who are adjudged by the EMPLOYER
to be qualified to operate the following items of equipment will be paid
the MAINTENANCE III rate of pay for those hours assigned to the unit:
(Heavy equipment items are those listed in the LOCAL ADDENDUM to this
MASTER AGREEMENT.)
C -2. Employees hired after February 7, 1984 in the MAINTENANCE I
classification who are required by the EMPLOYER and who are adjudged by
the EMPLOYER to be qualified to operate the following items of equipment
will be paid the MAINTENANCE II rate of pay for those hours assigned to
the unit:
Backhoe - Under 15' Reach
Blacktop Paver
Bobcat - Bombardier or MT Trackless
Boom Truck
Boom Truck - 30' and Over
Brush Chipper
Cement Mixer
Chip Spreader /Self - Propelled
Crawler Tractor - Under 50 H.P.
Loader - 1 Yd. or More
Loader, Front -End, 4 WD - 1 Yd. to 2.5 Yds.
Oil Distributor
Paint Striper - Truck Mounted
Rollers (steel and rubber) Over 6 Ton
Rollers - 6 Ton and Over
Sewer Cleaner, Hydraulic and Vacuum
Steam Boiler
Street Sweepers - Pickup Type
Tandems
Tree Spade
0
96
Trucks - 10 Ton, 4 WD
Trucks - Single -Axle Over 24,000 GVW
Any vehicle requiring a State of Minnesota
"Class B" Operators License
C -3. Employees assigned by the EMPLOYER to Utility Operator will be paid the
wage rate of the job classification to which the employee is assigned.
1
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{
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Uffim
BE'DTEEN
' T9E CITY OF FRIDLEY
AND
1
UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
(JANUARY 1, 1984 TO DECEMBER 31, 1984)
ARTICLE A.
1. STANDBY PAY: Compensation for standing by at the City's request, or being
available for work on days that are normally considered to be employee's
day off.
ARTICLE B. ANNUAL LEAVE
1. Each enplcyee shall be entitled to annual leave away from employment with
pay. Annual leave may be used for scheduled or emergency absences from
employment. Annual leave pay shall be computed at the regular rate of pay
to which such an employee is entitled; provided, however, that the amount
of any compensation shall be reduced by any payment received by the
employee from workers' compensation insurance, Public Employees Retirement
Association disability insurance, or Social Security disability insurance.
An employee's accumulation of annual leave will be reduced only by the
amount of annual leave for which the employee receives compensation.
2. Seniority shall apply on scheduled annual leave up to May 1st of each
year. After May lst, scheduled annual leave shall be on a first come,
first served basis.
3. A beginning employee shall accrue annual leave at the rate of eighteen
(18) days per year for the first seven (7) years (84 successive months) .
An employee who has worked seven (7) years (84 successive months) shall
accrue annual leave at the rate of twenty -four (24) days per year,
beginning with the eighty -fifth (85th) month of successive employment. An
employee who has worked fifteen (15) years (180 successive months) shall
accrue annual leave at the rate of twenty -six (26) days per year,
beginning with the one hundred eighty -first (181st) month of consecutive
employment. These rates are based on a forty (40) hour regular work week.
The actual amount credited to an employee in any given pay period shall be
prorated according to the actual number of regular hours worked during
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that pay period. Hours worked on overtime, callback, or standby shall not
enter into the calculation of the accrual of annual leave.
4. For an employee hired on or after July 1, 1983:
The maximum total accumulation of annual leave at the end of any given
year shall be thirty (30) days.
Once a year, at a time designated by the City, an employee who has
completed seven (7) years of service with the City will have the
opportunity to exchange up to three (3) days of accumulated annual leave
for cash. At the same time, an employee who has completed fifteen (15)
years of service with the City will have the opportunity to exchange up to
5 days of accumulated annual leave for cash.
5. For an employee hired July 1, 1983:
Vacation accrued but unused as of June 30, 1983 shall be converted to
annual leave at the rate of one (1) day of annual leave for one (1) day of
vacation. Accrued but unused sick leave as of June 30, 1983 shall be
converted to annual leave according to the following schedule:
a. 1st 45 days @ 1 day of annual leave for 1 day of sick leave
b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave
c. Remainder @ 1 day of annual leave for 3 days of sick leave
In lieu of severance pay, one hour of annual leave shall be credited for
each full month of employment up to a maximum of two hundred forty (240)
hours.
The total amount of annual leave credited to the employee's balance as of
July 1, 1983 shall be equal to accrued but unused vacation plus the amount
in lieu of severance pay.
If upon conversion to the annual leave plan an employee's accumulation of
annual leave exceeds thirty (30) days, that amount shall be the maximum
total accumulation (cap) for that employee at the end of any subsequent
year.
Once a year, at a time designated by the City, an employee will have the
opportunity to exchange up to five (5) days of accumulated annual leave
for cash.
In addition, once a year at a time designated by the City, an employee
with an accumulation of annual leave in excess of thirty (30) days will
have the opportunity to exchange up to five (5) days of annual leave for
cash. Such an exchange shall reduce the maximum total accumulation (cap)
of an employee by an equal amount.
6. Upon separation from employment with the City, an employee will be paid
one (1) day's salary for each day of accrued annual leave remaining in the
employee's balance.
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ARTICLE C. SHORT TERM DISABILITY
1. Each employee who has successfully completed the employee's probationary
period shall be eligible for short term disability benefit. Such an
employee shall be entitled to full pay commencing on the twenty -first
(21st) consecutive working day on which the employee is absent due to a
physician- certified illness or injury, whether on or off the job, and
continuing until the employee returns to work able to carry out the full
duties and responsibilities of the employee's position or through the one
hundred and tenth (110th) working day of absence, whichever occurs first;
provided, however, that the amount of any compensation shall be reduced by
any payment received by the disabled employee from workers' compensation
insurance, Public Employees Retirement Association disability insurance,
or Social Security disability insurance. Payment of short term disability
benefit by the City to an employee shall not exceed ninety (90) working
days for any single illness or injury, regardless of the number and
spacing of episodes. The annual leave balance of an employee receiving
short term disability benefits shall not be reduced, nor shall such
employee accrue annual leave during that period.
2. Before any short term disability payments are made by the City to an
employee, the City may request and is entitled to receive from any
employee who has been absent more than twenty (20) working days in
succession a certificate signed by a competent physician or other medical
attendant certifying to the fact that the entire absence was, in fact, due
to the illness or injury and not otherwise. The City also reserves the
right to have an examination made at any time of any employee claiming
payment under the short term disability benefit. Such examination may be
made on behalf of the City by any competent person designated by the City
when the City deems the same to be reasonably necessary to verify the
illness or injury claimed.
3. If an employee hired before July 1, 1983 has received payments under the
injury -on -duty provisions of previous contracts, the number of days for
which payment was received will be deducted from the number of days of
eligibility for coverage under short term disability for that same injury.
ARTICLE D. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY EMPLOYEES
1. a. Employees who are designated by the City Manager to serve in a
"standby" status on behalf of the City on a Saturday, Sunday or
Holiday will receive as compensation for such service as "standby" two
(2) hours of overtime pay for each day served in such status.
b. Employees required to "standby" during the week will receive as
compensation for such service four (4) hours pay at the overtime rate.
c. 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 standby pay.
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.
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ARTICLE E. EKPfD= EDUCATION PROGRAM
1. The City will pay tuition costs for training courses relevant to the
Employee's present or anticipated career responsibilities at City - approved
institutions. The City will pay fifty percent (50 %) of the cost of
tuition in advance and the Employee will pay the other fifty percent
(50 %). The Employee will be required to present to his Department 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 "70" percentile is required.
c. Courses not issuing a grade: A certification from the instructor
certifying that the student has satisfactorily participated in the
activities of the courses is required.
2. If the Employee satisfactorily completes the course, he will be reimbursed
for the additional fifty percent (50 %) of the tuition. 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.
3. The City will not reimburse the Employee for expenses reimbursed under
sane other education system or program, i.e., G.I. Bill.
ARTICLE F. FUNERAL PAY
In case of death occurring in the immediate family of an Employee, such an
Employee may be excused from work for up to three (3) 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 G. JURY PAY AND WITNESS FEES
An Employee who has been duly summoned for jury duty in any court, or who has
been duly sumnoned as a witness in any proceeding, shall be excused 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 received as compensation
for such jury duty or witness fees, and his regular pay.
ARTICLE H. MILITARY LEAVE
Any Employee absent from work in accordance with the order of a duly
established military authority shall receive pay and compensation during such
absence as is provided by State Law.
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ARTICLE I. INCENTIVE PAY (I[JT]GEVITY)
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:
After 5 years of Service: 2 -1/28 of base salary rounded
to the nearest dollar amount
After 10 years of Service: 58 of base salary rounded to
1 the nearest dollar amount
After 15 years of Service: 7 -1/28 of base salary rounded
to the nearest dollar amount
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 incentive 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 J. UNIFORMS
The City of Fridley will furnish uniforms to Employees of the bargaining unit
free of charge to the Employee. The City reserves the right to select the
type of uniform to be furnished. The City will agree to furnish rain
equipment and special safety equipment for all Employees.
If the UNION chooses to use one of the personnel from the Fridley work force
as a representative on the area wide bargaining unit for more than one year in
three, Local No. 49 will pay the salary of such Employee for the second year
for the time spent on area wide negotiations. The purpose is to spread the
cost of such negotiation among the several communities involved in joint
negotiations.
ARTICLE L. INSURANCE
The City also provides life insurance equal to annual salary, with a maximum
of $10,000 per Employee, and also will provide additional AD & D Insurance
equal to salary with a maximum of $10,000 per Employee, providing the total
City cost for all insurance does not exceed the amount set forth in the Master
Contract.
ARTICLE M. EOOIPMENP
Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be
qualified to operate the following items of equipment will be paid the
MMNrENANCE III rate of gay for those hours assigned to the unit:
Austin Westin Grader
1974 John Deere Diesel Driven 30" Backbucket Backhoe,
Serial Number 198861
Four Wheel Drive, Front End Loader, 1 -3/4 Yard or Larger
Pickup Type Sweeper (Elgin or FMC or Equivalent)
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ARTICLE N. DURATION
This agreement shall be effective as of January 1, 1984, and shall remain in
full force and effect until December 31, 1984.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of ,1984.
' FOR U1E CITY OF FRIDLEY
S /Nasim M. Qureshi S /4:'illiam J. Nee
Nasim M. Qureshi - City Manager William J. Nee - Mayor
FOR INTERNNTIONAL UNION OF OPERATING ENSINEERS, LOCAL 49
S /Donald C. Carrigan S /Valter I. Nielsen
Donald C. Carrigan, Steward Walter I. Nielsen, ABR Local
No. 49
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