RES 1988-85 - 00004486IRESOLUTION NO. 85 - 1988
RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN
EMPLOYEES REPRESENTED BY LOCAL NO. 49, AFL -CIO (PUBLIC
WORKS) FOR 1987 -1989
WHEREAS, the International Union of Operating Engineers Local No. 49, AFL -CIO,
as bargaining representative for certain Public Works employees of the City of
Fridley, has presented to the City of Fridley various requests relating to the
wages and working conditions of employees of the Public Works Department of
the City of Fridley; and
WHEREAS, the City of Fridley has presented to the designated representatives
of Local 49 various requests relating to the wages and working conditions of
employees of the Public Works Department 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 relating to wages and
working conditions of employees of the City of Fridley Public Works
Department. -
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF
SEPTEMBER, 1988
c v
WILLIAM J. NE YOR
ATTEST:
SHIRLEY A. HAAPALA - ClFrY CLERK
a
I
METROPOLITAN
AREA rear ASSOCIATION (MAMA)
REPRESENUM
THE CITIES OF:
Blaine
Eden Prairie
Oakdale
Brooklyn Center
Edina
Richfield
Brooklyn Park
Fridley
Robbinsdale
Burnsville
Golden Valley
Roseville
Circle Pines
Hopkins
St. Anthony
Columbia Heights
Minnetonka
St. Louis Park
Cottage Grove
Mounds View
Woodbury
Crystal
New Hope
AND THE
nUEMMONAL UNION OF OPEOXM EWznM S
(IUOE)
LOCAL NO. 49,
AFL -CIO
JANUARY 1, 1987 - DECEMBER 31, 1989
1
PAGE
ARTICLE
I.
PURPOSE OF AGREEKENP . . . . . . . . . . . . . •
• • • • . . . .1
II.
RECOGNITION . . . . . . . . . . . . . . . . . . . .
. . . . . . . .1
III.
UNION SECURITY . . . . . . . . . . . . . . . . . .
. . . . . . . .1
IV.
EMPIDYER SECURITY . . . . . . . . . . . . . . . . .
. . . . . . . .2
V.
EMPLOYER AUTHORITY . . . . . . . . . . . . . . . .
. . . . . . . .2
VI.
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . . . . . .
. . . . . . . .2
VII.
DEFINITIONS . . . . . . . . . . . . . . . . . . . .
. . . . . . . .5
VIII.
SAVINGS CLAUSE . . . . . . . . . . . . . . . . . .
. . . . . . . .6
IX.
WORK SCHEDULES . . . . . . . . . . . . . . . . . .
. . . . . . . .6
X.
OVERTIME PAY . . . . . . . . . . . . . . . . . . .
. . . . . . . .6
XI.
CALL BACK . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .7
'
XII.
LEGAL DEFENSE . . . . . . . . . . . . . . . . . . .
. . . . . . . .7
XIII.
RIGHT OF SUBCONIRACP . . . . . . . . . . . . . . .
. . . . . . . .7
XIV.
DISCIPLINE . . . . . . . . . . . . . . . . . . . .
. . . . . . . .7
XV.
SENIORITY . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .7
XVI.
PROBATIONARY PERIODS . . . . . . . . . . . . . . .
. . . . . . . .8
XVII.
SAFETY . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .8
XVIII.
JOB POSTING . . . . . . . . . . . . . . . . . . . .
. . . . . . . .8
XIX .
INSURANCE . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 9
XX.
SCOPE OF AGREEMENTS . . . . . . . . . . . . . . . .
. . . . . . . .9
XXI.
WAIVER . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .9
XXII.
DURATION . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .10
APPENDIX A -SAGES . . . . . . . . . . . . . . . .
. . . . . . . .11
'
APPENDIX B - IOCAL ADDENDUM . . . . . . . . . . . .
. . . . . . . .13
-i -
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. RECOGNITION
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:
Maintenance III
Specialist
Maintenance II
Maintenance I
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.
APPENDIX A
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, 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. RECOGNITION
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:
Maintenance III
Specialist
Maintenance II
Maintenance I
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.
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. 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 discretion of
the EMPLOYER to modify, establish, or eliminate.
' ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 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.
6.2 UNION REPRESENTATIVES
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.
6.3 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 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 PROCEDURE
Grievances, as defined by Section 6.1, 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 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
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.
Step 4.
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.
Step 5.
A grievance unresolved in Step 4 and appealed in Step 5 shall be
submitted to arbitration subject to the provisions of the Public
' Employment 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.
6.5 ARBITRATOR'S AUTHORITY
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.
6.6 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.
6.7 CHOICE OF REMEDY
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
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 S 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 EMPLOYER
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 AGREEMENT.
7.7 SEVERENCE PAY
Payment made to an employee upon honorable termination of employment.
7.8 OVERTIME
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.
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. WORK 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.
I I
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 compensation, overtime hours
worked shall not be pyramided, compounded, or paid twice for the same
hours worked.
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.
ARTICLE XVI. PROBATIONARY PERIODS
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 maybe demoted or reassigned to the employee's previous
position at the sole discretion of the EMPLOYER.
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 XVIII. 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
promotion from within provided that applicants:
18.11 have the necessary qualifications to meet the standards of the
' job vacancy; and
18.12 have the ability to perform the duties and responsibilities of
the job vacancy.
18.2 Employees 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 XXII. DURATION
This AGREEMENT shall be effective as of January 1, 1987 and shall remain in
' full force and effect until the 31st day of December, 1989, except that either
party may reopen for negotiations for calendar 1988 and calendar 1989, the
wage rates in APPENDIX A and the amount of insurance to be shown in article
19.2.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
day of 1987.
FOR THE METROPOLITAN AREA
MANAGEMENT ASSOCIATION (MAMA)
S /Gerald G. Splinter
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL NO. 49,
AFL -CIO:
S /Fred Dereschuk Business Manager
S /John J. Lackner President
S /John M. Schouveller Recording Secretary
' S /Tim R. Connors Business Representative
S /Walter I. Nielsen Business Representative
FOR THE CITY OF FRIDLEY
S/William J, Nee, Mayor
S /Nasim M. Qureshi, City Manager
19.3 By mutual agreement employees may use fifteen dollars ($15.00) of the
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.
' ARTICLE XX. SCOPE OF AGREEMENTS
No addendum to this MASTER AGREEMENT can be in conflict with this MASTER
AGREEMENT.
ARTICLE XXI. 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.
ARTICLE XIX. INSURANCE
19.1 The EMPLOYER will contribute up to a maximum of
one
hundred seventy -five
'
dollars ($175.00) per month per employee for
insurance including dependent coverage for calendar
group health and life
1987.
19.2 The EMPLOYER will contribute up to a maximum of
one
hundred and eighty -
five dollars ($185.00) per month per employee
(or
an amount equal to
that paid by the EMPLOYER for
the
EMPLOYER'S
non- management /non - essential employees, whichever
is greater) for
calendar 1988 and 1989.
19.3 By mutual agreement employees may use fifteen dollars ($15.00) of the
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.
' ARTICLE XX. SCOPE OF AGREEMENTS
No addendum to this MASTER AGREEMENT can be in conflict with this MASTER
AGREEMENT.
ARTICLE XXI. 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.
APPENDIX A
' WAGES
A -1. The following wage schedule will be in effect from the first Payroll period
in 1987 through the last payroll period in 1987:
MAINTENANCE III . . . . . . . . . . . . . $12.60 per hour
SpEcIATIST . . . . . . . . . . . . . . . . 12.35 Per hour
MAIIJTENANCE II . . . . . . . . . . . . . . 12.10 per hour
MAINTENANCE I . . . . . . . . . . . . . . 8.72 per hour
A -2. The following wage schedule will be in effect from the first payroll period
in 1988 through the last payroll period in 1988:
MAINTENANCE III . . . . . . . . . . . . . $12.79 per hour
SPECIALIST . . . . . . . . . . . . . . . . 12.54 per hour
MAINTENANCE II . . . . . . . . . . . . . . 12.28 per hour
MAINTENANCE I . . . . . . . . . . . . . . 9.03 *per hour
*the actual wage rate will be between $8.85 and $9.03 per hour based on
individual City comparable worth considerations.
A -3. The following wage schedule will be in effect from the first payroll period
in 1989 through the last payroll period in 1989:
' MAINTENANCE III . . . $12.98 per hour
SPECIALIST. 12.72 per hour
. •
MAINTENANCE II. . • . . . . . . 12.46 per hour
MAINTENANCE I . . . . . . . . . . . . . . 9.16 per hour
B. All new employees hired after February 7, 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. Employees required by the EMPLOYER and who are adjudged by the EMPL0YER
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 ADDENDJM to this
MASTER AGREEMENT.)
C-2. Employees hired after February 7, 1984 in the MAINPE MICE 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 MP 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
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
Tandems
Tree Spade
Trucks - 10 Tot, 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.
' APPENM B
IDC AL ADDENDAd
This supplementary agreement is entered into between the City of Fridley and the
International Union of Operating Engineers, Local No. 49, AFIrCIO, for a period
beginning January 1, 1987 and terminating on December 31, 1989.
Nothing in this supplementary agreement may be in conflict with any provision
of the MASTER AGREEMENT between MAMA, the City of Fridley, and I.U.O.E., Local
No. 49, AFLrCIO. In the event of conflict the MASTER AGREEMENT will prevail.
B-I.
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