RES 1990-30 - 0000387185
RESOLUTIOU MD. 30 - 1990
BY INTERZM010-LUNICH OF OPEDSM ENGINEERS, • M• • •
WORKS /• • 71 /• -•1 FOR I
WHEREAS, the International Union of Operating Engineers, local No. 49, AFL -CIO, as
bargaining representative for certain Public Works Maintenance 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, TIIEREFnRE, BE IT RESOLVED by the City of Fridley that such agreement is hereby
ratified and that the Mayor and City Manager are hereby authorized to sign the attached
Labor Agreement including Appendix A, Appendix B, and Appendix C relating to wages and
'working conditions of employees of the City of Fridley Public Works Department.
PASSED AND ADOPPED BY THE CTPY COUNCIL OF RISE CITY OF FRIDLEY THIS 7TH DAY OF MAY, 1990
�-
LLIAM J. NEE - 'AYOR
Ill �� EM
THE
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LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
24AL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL -CIO
02/14/90
This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the
EMPLOYER, and the Local No. 49, International Union of Operating Engineers, AFLrCIO,
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; aryl
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 the AGREEMENT, continue their dedication to the highest quality of
public service. Both parties recognize this AGREEMENT as a pledge of this
dedication.
ARTICLE II.
The EMPLOYER recognizes the UNION as the exclusive representative in a unit as
certified by the Minnesota Bureau of Mediation Services.
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.
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'The UNION agrees that during the life of this AGRE04ir it will not cause, encourage,
participate in or support any strike, slowdown or other interruption of or
interference with the normal functions of the EMPLOYER.
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.
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
' The EMPLOYER will recognize REPPXSENTATiVFS designated by the UNION as the grievance
representatives of the bargaining unit having the duties and responsibilities
established by the 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 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.
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Grievances, as defined by Section 6. 1, shall be resolved in conference with the
following procedure:
step 1.
' An EMPLOYEE claiming a violation concerning the interpretation or application of
this AGRMEW 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 of provisions of the AGREEMENT allegedly violated, and the
remedy requested and sha11 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) 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. If the parties cannot agree upon an arbitrator 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.
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to,
or subtract from the terms and conditions of this AGREEMERr. 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(s) 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,
LOOK
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
AC12EEf4 U 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
• record to be made, providing it pays for the record. If both parties desire
• verbatim record of the proceedings, the cost shall be shared equally.
If a grievance is not presented within 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 VI, the grievance is not subject to the arbitration procedure as
provided in Step 5 or Article VI. The aggrieved employee shall indicate in writing
which procedure is to be utilized (Step 5 or 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.
7.1 UNION
The International Union of Operating Engineers, Incal No. 49, AFL CrO.
7.2 EMPLOYER
The City of Fridley.
7.3 UNION MEMBER
IA member of the International Union of Operating Engineers, Local 49, AFIrCIO.
7.4 El -=YEE
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
Iength of continuous service in any job classifications covered by ARTICLE II —
RECtDG=ON. Employees who are promoted from job classification covered by this
AGREEv= and return to a job classification covered by the 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
ENIPIDYER for other benefit under this AGREEMENT.
7.7 SEVERANCE PAY
Payment made to an employee upon honorable termination of employment.
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Work performed at the express authorization of the EMPIDYER 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 HACK
Return of an employee to a specified work site to perform assigned duties at the
express authorization of the EMPIOYER
at a time other than an assigned shift. An extension of or early report to an
assigned shift is not a call back.
7.10 STANDBY PAY [Transferred from Local Addendum, ARTICLE A.]
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 VIII. SAVINGS CLAUSE
The 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 judgement
or decree no appeal has been taken within the time provided, such provisions shall be
voided. All other provisions of the AGREEMENT shall continue in full force and effect.
The voided provision may be renegotiated at the request of either party.
9.1 The sole authority in work schedules is the EM4PIDYER. The normal work day
for an employee shall be eight (8) hours. The normal work week shall be forty
(40) hours Monday through Friday.
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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 circimistances such as
(but not limited to) fire, flood, snow, sleet, or breakdown of municipal
equipment or facilities, no advance notice need by 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.
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 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 minimim of two (2) hours' pay at one and one -half (1
1/2) times the employee's base pay rate.
AMCLE XII. IBGAL 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.
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14.1 The EMPLOYER will discipline employees only for just cause.
14.2 An employee(s) will not be required to participate in an investigatory
interview by the EMPLOYER where the information gained from the interview
could lead to the discipline of the employee(s) unless the employee(s) is
given the opportunity to have a third party present at the interview to act
as a witness for the employee(s).
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15.1 Seniority will be the determining criterion for transfers, promotions and lay-
offs only when all job - relevant qualifications 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.
16.1 Every newly hired or rehired employee will serve a twelve (12) month
probationary period.
16.2 Every employee will serve a twelve (12) month 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.
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.
a•4 V N •�.
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 of the provisions of the ARTICLE
shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD).
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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 two hundred twenty -five
($225.00) per month per employee for group health and life insurance including
dependent coverage for calendar year 1990.
19.2 By mutual agreement employees may use fifteen dollars ($15.00) of the per
month per employee of health insurance dollars in 19.1 for dental insurance
for all unit employees.
19.3 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.
19.4 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. ANNUAL LEAVE
20.1 Each employee shall be entitled to annual leave away from employment with pay.
Annual leave ray 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.
20.2 Seniority shall apply on scheduled annual leave up to May 1st of each year.
After May 1st, scheduled annual leave shall be on a first come, first served
basis.
20.3 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 that pay period. Hours worked on
overtime, callback, or standby shall not enter into the calculation of the
accrual of annual leave.
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20.4 For an employee hired on or after July 1, 1983:
The maximum total accumulation of annual leave at the errs 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.
20.5 For an employee hired before 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 maxitmm 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 maximcum 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 maxi= total accumulation (cap)
of an employee by an equal amount.
20.6 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.
ARTTCLE XXI. SHORT TERM DISABIIM
21.1 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 mincing 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
9)
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.
21.2 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.
21.3 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.
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' 2.1 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.
22.2 Oplcyees required to "standby" during the week will receive as compensation
for such service four (4) hours pay at the overtime rate.
22.3 If on any such day the Employee on "standby" shall actually perform work for
the City, the Employee 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 stagy pay.
22.4 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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23.1 The City will pay tuition costs for training courses relevant to the
Elployee'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 percent grade 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.
23.2 If the Employee satisfactorily completes the course, the Employee 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.
23.3 she City will not reimburse the Employee for expenses reimbursed under sane
other education system or program, e.g. G. I. Bill.
ARTICLE XXIV. 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.
An Employee who has been duly summoned for jury duty in any court, or who has been duly
summoned as a witness in any proceeding, shall be excused from work in accordance
'therewith. such employee shall be entitled to receive as pay a sum of money equal to
the difference between what the Employee received as compensation for such jury duty
or witness fees, and the Employee's regular pay.
ARTICLE XXVI. 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.
ARTICLE XXVII. INCENTIVE PAY (IONGEVM)
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 -1/2% of base salary rounded to the nearest dollar
amount
After 10 years of Service: 5% of base salary rounded to the nearest dollar
amount.
After 15 years of Service: 7 -1/2% of base salary rounded to the nearest dollar
amount.
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.
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ARTICLE XXVIII. HOLIDAYS
' The EMPLOYER will provide eleven (11) paid holidays.
ARTICLE XXIX. UNIFORMS
The City of Fridley will furnish uniforms to Employees of the bargaining unit free of
charge to the Employee. The City reserves the riot 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 XXXI. INSURANCE
The City will provide group term life insurance with a maximm of $10,000 per Employee,
and also will provide additional AD & D Insurance with a maximum of $10,000 per
Dployee. Provided that the total City cost for all insurance does not exceed the
amount set forth in ARTICLE XIX.
ARTICLE XXXII. WAIVER
32.1 Any and all prior agreements, resolutions, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
inconsistent this the provisions of this AGREEMENT, are hereby superseded.
32.2 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 the 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 terns 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.
The AGREEMENT shall be effective as of January 1, 1990 and shall remain in full force
and effect until the 31st day of December, 1990.
IN WITNESS WHERE0F, the parties hereto have executed this AGREEMENT on this 7th day
of May, 1990.
98
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL NO. 49,
'AFL -CIO
/s/ Facsimile
Fred naresh„k, Business Manager
/s/ Facsimile
John Pendzimas, President
/s/ Facsimile
John M. Schouveler, Recording Secretary
/s/ Facsimile
Tim Connors, Business Representative
/s/ Facsimile
David Lindquist, Steward
/s/ Facsimile
Richard Cameron, Steward
FOR THE CITY OF FRIDIEY
/s/ Facsimile
'William J. Nee, Mayor
Isl Facsimile
William W. Burns, City Manager
APPENDIX A
WAGE; 1990
lor employees hired or prcamoted on or after January 1, 1990
Public services Worker (PSW)
PSW A.1 Entry $9.62
PSW A.2 After one (1) year of $10.34
satisfactory performance
in PSW -A classification
PSW -B.1
After two (2) years of
$11.07
satisfactory performance
in PSW A classification
and achievement of minimum
qualifications
PSW -B.2
After one (1) year of
$11.79
satisfactory performance
in PSW -B classification
PSW-C
After two (2) years of
$12.52
'
satisfactory performance
in PSW -B classification
and achievement of minimum
qualifications
PSW -D
After five (5) years of
$13.24
satisfactory performance
and achievement of minimum
qualifications
Advancement to the next step will occur at the next regular pay period following satisfactory
completion of the time
of service requirement and achievement of minimum
qualifications, if
pertinent.
1.00
Appendix A
Page 2
employees hired
before January 1, 1990
�or
1989
1990
1990
Classification
Classification
Hourly Rate
Maintenance I
with less than one (1) year
PSW A.1
$ 9.62
of service in Maintenance
I
classification
Maintenance I
with more than one (1) but
PSW -A.2
$10.34
less than two years of
service in Maintenance
I
classification
Maintenance I with more than two (2) years PSW -B.1 $11.07
of service but less than
three years of service in
Maintenance I classification
Maintenance I with three (3) or more years PSW -B.2 $11.79
of service in Maintenance I
classification
' Provided that the compensation for regular hours paid in 1990 to the five (5)
employees who were in the Maintenance I classification as of December 31, 1989,
shall be at least four percent (4.0 %) greater than the actual compensation for
regular hours worked in 1989. If the compensation for regular hours worked in
1990 is less than four percent above the compensation for regular hours worked
in 1989, and if the employee is employed throughout the entire year, the employee
shall receive a lump sum payment for the difference with the last check for
calendar year 1990. If an eligible employee leaves employment of the City of
Fridley prior to December 31, 1990, no lump sum payment shall be made. This
provision of the Labor Agreement between the EMPLOYER and the UNION applies only
to the five (5) employees formerly in the Maintenance I classification and only
to compensation for regular hours in 1990. It does not apply to any other
former, present, or future employees, and it does not apply to motion for
overtime hours or benefits. For purposes of calculating the lump sum payment
at the end of the year the EMPLOYER and the UNION agree that the following
amounts constitute a four percent (4.0 %) increase over the amount paid for
regular hours in 1989:
David Jensen $25,990.00
Kory Jorgensen
Greg Kottsick
Michael Graves
Robert Small
$21,435.00
$24,820.00
$25,550.00
$23,890.00
Appendix A
Page 3
1989
laesification
Maintenance II
Specialist
Maintenance III
7-_e_
1990
Classification
PSW-C
PSW -D
PSW -D
101
1990
Hourly Rate
$12.96
$13.24
$13.50
For employees hired or promoted on or after January 1, 1990.
level Hourly Rate
A $ 12.52
B $ 13.50
Emloyees hired before January 1, 1990, who were in the Specialist classification on December
31, 1989, shall be classified as Mechanic, level A and paid $13.24 per hour in 1990.
loyees hired before January 1, 1990, who were in the Maintenance III classification on
ffecember 31, 1989, shall be classified as Mechanic, level B and paid $13.50 per hour in 1990.
' APPENDIX B
PUBLIC WORKS MAIN
MnEMU d REQUIREMMM 1990
Public Services Worker Level A Minimum Requirements
Hick School Diploma, GED or equivalent.
Valid Minnesota Class B Driver's License.
Successful conpletion of City's physical examination including drug testing, if
regAred.
Ability to read, understand, and follow written and oral instructions, including
safety rules.
Ability to meet the physical demands of the job including but not limited to
lifting, bending, climbing, reaching overhead, pushing and pulling.
Ability to perform job responsibilities in climactic extremes.
' Ability to perform routine repair and maintenance tasks in one or more of the
following sections: Streets, Parks, Sewer, Water, Vehicle Maintenance.
Ability to work cooperatively as a member of a crew or team.
I
102
103
' Public Services Worker Level B Minim= Requirements
Meets or exceeds all the minimum requirements of Public Services Worker Level
A
Completion of two (2) years of experience at Level A
Minnesota Class B driver's license or appropriate Ccrmercial Driver's License
Successful completion of all applicable City safety and hazardous materials
training
Safe work practices and safe driving record
Adherence to City's policies in regard to tardiness and sick leave
Adherence to all other policies and procedures for City employees
Ability to deal effectively and tactfully with the public
Good knowledge of location of streets and public facilities
Working knowledge of fundamental job duties
' CERTIFICATION:
For Streets Workers: Ability to use non - motorized and small engine types of
equipment in area of job responsibilities
For Parks Workers: Minnesota Non- Coimnercial Pesticicp/Herbicide Applicator
License /Certificate
For Sewer Workers: Class S -D Waste Water Operator's Certificate
For Water Workers: Class D Water Supply System Operator's Certificate
For Mechanic's Helper: Demonstrated ability in the repair of small engines and
routine vehicle maintenance
104
IPublic Services Worker Iowa C Min== Requirements
Meets or exceeds all the minimum requirements of Public Services Worker Level
B
Completion of two (2) years of experience at Level B
Ability to work with minimum amount of on -site supervision
Good knowledge of all operations, preventive maintenance and routine repair of
equipment operated in area of job responsibility
Enrollment in a Public Works Certificate Program or other program related to
public works maintenance offered by a technical college or community college with
successful completion of one quarter of course work (at least 16 quarter credits)
Good knowledge of methods and materials used in area of job responsibility
For Streets Workers: Ccupleticn of course work (at least three (3) quarter
credits), in- service training, or certification in one (1) or more areas
including but not limited to the following areas: bituminous technology and
' repair, light equipment operation, tree trimming, traffic control, asphalt
testing, sign making, pavement marking, snow removal
For Parks Workers: In addition to Minnesota Non - Commercial Pesticide/Herbicide
Applicator License /Certificate, successful completion of a course at a technical
college (at least 3 quarter credits) or other certification designated by the
City after consultation with Local 49 in one (1) or more areas including but
not limited to the following: landscaping, irrigation, entomology, forestry,
turf maintenance, building maintenance and construction, concrete finishing, and
surveying
For Sewer Workers: Class S-C Waste Water Operator's Certificate
For Water Workers: Class C Water Supply System Operator's Certificate
Public Services Worker bevel D Minimum Requirements
Meets or exceeds all the minimum requirements of Public Services Worker level
C
Cmpletion of one (1) year of experience at level C
Completion of a Public Works Certificate Program or other program related to
public works maintenance offered by a technical college or cou=nty college with
successful completion of three (3) quarters of course work (at least 48 quarter
credits), provided that, during 1990 only, this requirement is waived for
enployees in the Maintenance II classification on December 31, 1989, upon
achievement of ten years of service in the Public Works Maintenance Division of
the City
Ability to work without direct on -site supervision and to make on -site decisions
related to task assignments
Broad knowledge of operational aspects of public works maintenance
department /division
CEFUIFICATION:
' For Streets Workers: Successful completion of a certified heavy equipment
training program or equivalent training and experience, and completion of course
work (at least three (3) quarter credits), in- service training, or certification
in two (2) or more areas including but not limited to the following areas:
bituminous technology and repair, tree trimming, traffic control, asphalt
testing, sign making, pavement marking, snow removal, and basic carpentry.
For Parks Workers: In addition to Minnesota Non-Commercial Pesticide /Herbicide
Applicator License /Certificate, successful completion of a course at a technical
college (at least 3 quarter credits) or other certification designated by the
City after consultation with local 49 in three (3) or more areas including but
not limited to the following: landscaping, irrigation, entomology, forestry,
turf maintenance, building maintenance and construction, concrete finishing, and
surveying
For Sewer Workers: Class S -B Waste Water Operator's Certificate
For Water Workers: Class B Water Supply System Operator's Certificate
Fj
105
1 APPEN= C
PUBLIC WORKS I9anlrE2U2=
1.. Y. •
mechanic
Level A
High school diplcuia, GED, or equivalent.
Valid Miruiesota Class B Driver's License or appropriate Commercial Driver's
License.
Successful completion of City's physical examination including drug testing, if
required.
Ability to read, understand, and follow written and oral instructions, including
safety rules.
Ability to meet the physical demands of the job including but not limited to
lifting, bending, climbing, reaching overhead, pushing, and pulling
' Course work or experience in diesel mechanics.
Experience in electric and gas welding.
Two (2) years of applicable experience in auto and/or diesel maintenance and
repair with a variety of light and heavy equipment.
One (1) year of technical college course work (51 quarter credits) in auto or
diesel mechanics or certification as a Master Automotive Technician by the
National Institute for Automotive Service Excellence. one additional year of
applicable experience can be substituted for up to seventeen (17) quarter
credits.
Level B
Meets or exceeds all the minimum requirements of Level A.
Three (3) years of applicable experience in auto and/or diesel maintenance and
repair with a variety of light and heavy equipment or one (1) year experience
as Mechanic, Level A, with the City of Fridley.
one (1) year of technical college course work (51 quarter credits) in auto or
diesel mechanics or certification as a Master Automotive Technician by the
National Institute for Automotive Service Excellence.
i