HomeMy WebLinkAbout7A1 - AFSCME Labor AgreementAGENDA #:
PREPARED BY:
SUBJECT:
DATE:
7A
Bonita Carlson, Assistant City Manager-~ t~
CONSIDER APPROVAL OF THE 1994-1995 LABOR
AGREEMENT WITH AFSCME COUNCIL 14, LOCAL 3884
February 6, 1995
BACKGROUND
In 1993 the clerical, maintenance, inspectors and engineering
technicians formed a union and elected AFSCME Council 14 as
their exclusive representative. The City and union engaged in
contract negotiations from late 1993 through August 1994. On
August 3, 1994, the City and Union came to a tentative agreement
on major contract items. Since that time, Peter Bergstrom, the
City's labor attorney, and I have worked with Nola Profant,
AFSCME business agent to finalize the contract language. Due to
the fact this is the first contract, it is very important that the
language is clear and understandable, as well as protecttthe fights of
the City and Union. As a result, reaching consensus on the
language was time consuming, and ultimately, required one last
mediation session in January in order to come to .complete
agreement. The resulting contract document is attached for your
approval.
DISCUSSION:
Both the City and Union outlined certain issues to be addressed in
the contract negotiations. The City's major issues were:
- An equitable salary settlement
- Establishment of maximum city contributions to group
insurance plans
- Elimination of longevity
- Elimination of education incentive
- Maintaining leave benefits, etc. as defined in the personnel
policy.
The Union's major issues were:
- Establishment of fair compensation plan, with a prescribed
method to move through the system
- Maintain existing benefits
- Eliminate the use of long term seasonal or temporary
positions
- Monday through Friday work week
- Benefit improvements on vacation schedule and death of
employee.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ISSUES:
The negotiated contract, as proposed, includes the following:
· Salary increases of 2.5% as of 1/1/94 for all employees and
1% on 1/1/95
· An additional $10 per month increase for all full time
employees on 7/1/94 and 7/1/95
· Elimination of longevity for all employees as of 1/1/95
· Elimination of education incentive
· Clarification that tuition reimbursement applies only to
employer approved work related courses
· Establishment of a salary range and grade system, in
conjunction with a pay for performance plan, which will
determine the movement within the system
· Establishment of insurance caps of $380 per month for
health insurance, $40 per month for dental insurance
· Eliminating the short term disability insurance and using the
premium to provide additional life insurance for a maximum
coverage of $40,000
· Seasonal and temporary employment limited to 140 working
days per calendar year
· No improvement of vacation, sick or holiday leave
schedules
· Payment of 100% of accumulated sick leave (instead of
50%) to the employee's estate, upon the death of an
employee
· Language which states that the normal work week is
Monday through Friday, although the City can establish
shifts that include Saturdays, Sundays or evenings when
service to the public requires the change in work schedules.
· Improvement for standby pay during the week from 3 hours
to five hours for each standby period of Monday through
Friday
· Eliminating the uniform allowance of $475 per person and
substituting language stating that if a uniform is required,
the City will provide it. (Doug Hartman, Public Works
Supervisor, feels this will result in a savings to the City of
approximately $1,400 a year, plus assure that all employees
are wearing well maintained uniforms.)
As delineated above, the proposed agreement meets most of the
objectives outlined by the City and the Union and provides a good
basis for future negotiations. The agreement results in a total
package increase of 3.80% for 1994, and 1.87% for 1995. (See
attached Bureau of Mediation Settlement Form). City staff has
given the City Council updates during the negotiation process and
after the tentative agreement was reached in August. The
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
agreement, as presemed, is consistent with the City Council's
previous directives.
The City Council has the following alternatives:
1. Approve the proposed 1994-1995 labor
AFSCME Council 14, Local 3884;
2. Deny approval of the 1994-1995 labor
AFSCME Council 14, Local 3884.
agreement with
agreemem with
Alternative number' 1, approve the proposed 1994-1995 labor
agreement with AFSCME Council 14, Local 3884.
Motion and second to approve the 1994-1995 labor agreemem with
AFSCME Council 14, Local 3884, representing professional,
technical and maintenance employees and authorize the Mayor and
City Manager to execute the agreement on behalf of the City.
Reviewed ity Manager
AGREEMENT BETWEEN
THE CITY OF PRIOR LAKE, MINNESOTA
AND
COUNCIL # 14, LOCAL 3884, AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
January 1, 1994 through December 31, 1995
TABLE OF CONTENTS
ARTICLE 1: PREAMBLE ................................................................................................ 1
ARTICLE 2: RECOGNITION ........................................................................................... 1
ARTICLE 3: DEFINITIONS: ............................................................................................ 1
ARTICLE 4: UNION SECURITY ..................................................................................... 2
ARTICLE 5: EMPLOYER AUTHORITY .......................................................................... 3
ARTICLE 6: SENIORITY ................................................................................................. 3
ARTICLE 7: JOB POSTING ........................................................................................... 4
ARTICLE 8: GRIEVANCE PROCEDURE ....................................................................... 5
ARTICLE 9: DISCIPLINE ................................................................................................ 7
ARTICLE 10: PROBATIONARY PERIODS .................................................................... 7
ARTICLE 11: WORK SCHEDULES ................................................................................ 8
ARTICLE 12: WORK RULES ......................................................................................... 8
ARTICLE 13: WORK OUT OF CLASS ........................................................................... 8
ARTICLE 14: OVERTIME ............................................................................................... 8
ARTICLE 15: CALL BACK PAY ..................................................................................... 9
ARTICLE 16: ON CALL DUTY/STANDBY PAY ............................................................. 9
ARTICLE 17: HOLIDAYS ................................................................................................ 9
ARTICLE 18: VACATION ............................................................................................. 10
Table of Contents 1
ARTICLE 19: SICK LEAVE ........................................................................................... 11
ARTICLE 20: EMERGENCY LEAVE ............................................................................ 11
ARTICLE 21: MILITARY LEAVE .................................................................................. 12
ARTICLE 22: LEAVES OF ABSENCE ......................................................................... 12
ARTICLE 23: ABSENCE WITHOUT LEAVE ................................................................ 13
ARTICLE 24: SEVERANCE PAY .................................................................................. 13
ARTICLE 25: UNIFORM ALLOWANCE ....................................................................... 13
ARTICLE 26: AUTOMOBILE ALLOWANCE ................................................................ 13
ARTICLE 27: LICENSE REQUIREMENTS ................................................................... 13
ARTICLE 28: SERVICE TRAINING .............................................................................. 14
ARTICLE 29: TUITION REIMBURSEMENT ................................................................. 14
ARTICLE 30: INSURANCE ........................................................................................... 14
ARTICLE 31: RIGHT OF SUBCONTRACT .................................................................. 14
ARTICLE 32: PART-TIME EMPLOYEES ..................................................................... 15
ARTICLE 33: SEASONAL AND TEMPORARY EMPLOYEES ..................................... 15
ARTICLE 34: SAVINGS CLAUSE ................................................................................ 15
ARTICLE 35: DURATION ............................................................................................. 15
Table of Contents 2
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
ARTICLE 1: PREAMBLE
This agreement entered into by the City of Prior Lake, hereinat~er referred to as the EMPLOYER,
and Local 3884 affiliated with Council 14, and the American Federation of State, County and
Municipal Employees, AFL-CIO, hereinafter referred to as the Union has, as its purpose the
promotion of harmonious relations between the EMPLOYER and the Union; the establishment of
an equitable and peaceful procedure for the resolution of differences; and the establishment of
rates of pay, hours of work and other conditions of employment.
ARTICLE 2:
2.!
RECOGNITION
The employer recognizes the Union as the exclusive representative for a unit of employees
of the City of Prior Lake composed as follows:
All employees of the City of Prior Lake, Minnesota, who are public employees
within the meaning of Minnesota Statute 179A. 031, subdivision 14, excluding
supervisory, confidential and essential employees per BMS Case No. 93-PCE-
1260.
2.2
In the event the EMPLOYER and the Union are unable to agree as to the inclusion and
exclusion of a new or modified job class, the issue will be submitted to the Bureau of
Mediation Services for determination.
2.3
The EMPLOYER shall not enter into any agreements covering terms and conditions of
employment with employees of the bargaining unit under the jurisdiction of this
agreement, whether individually or collectively, which in any in any way conflict with the
terms and conditions of the agreement except through the certified representative.
ARTICLE
3.1
3: DEFINITIONS:
The terms used in this agreement shall be defined as follows:
A. Base rate of pay: The employee's hourly or monthly pay rate exclusive of
overtime premium pay or special allowances.
B. Days: Unless otherwise indicated, means working days exclusive of holidays.
C. Demotion: A change by an employee from a position in one work classification to
a position in another classification with less responsible duties and a lower salary
range.
D. Department: A division of the City of Prior Lake government.
E. Emergency: A situation or occurrence of a serious nature developing suddenly
and unexpectedly and demanding immediate action as determined by the
EMPLOYER.
F. Employee: A member of the exclusively recognized bargaining unit as defined in
this Agreement.
G. EMPLOYER: The City of Prior Lake and its designated representatives.
H. Employee Representative: For the purposes of this Article the Employee
Representative is AFSCME Council 14.
I. Exempt Position: A salaried position exempt from the provisions of the federal
Fair Labor Standards Act.
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
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Full Time Employee: An employee who has completed their probationary period
and who works at least forty (40) hours per week on an annual basis.
Layoff: Separation from service with the EMPLOYER, necessitated by lack of
work, lack of funds or other reasons without reference to incompetence,
misconduct or other behavioral considerations.
Leave of Absence: An approved absence from work duty during a scheduled work
period with or without compensation.
Overtime: Work performed, at the express authorization of the EMPLOYER in
excess of forty (40) hours per week.
Part-time Employee: An employee who has completed their probationary period
and who is regularly scheduled to work less than forty (40) hours per week on an
annual basis.
Probationary Employee: An employee who placed in a new position through
hiring or transfer who has not completed six (6) months of employment in that
position.
Promotion: A change of an employee from a position in one work classification to
a position in another work classification with more responsible duties and higher
salary range.
Pyramiding: The payment of more than one form of premium compensation for
the same hours worked.
Regular Employee: A member of the exclusively recognized bargaining unit
defined in this Agreement who has completed the required probationary period for
newly hired or re-hired employees.
Temporary/Seasonal Employee: An employee who works less than 140 working
days in a position designated by the EMPLOYER as seasonal or temporary.
Seniority: Length of service established by Article 6.
Union: The American Federation of State, County and Municipal Employees
(AFSCME), Council 14, AFL-CIO.
Union Member: A member of AFSCME, Council 14, Local 3884.
Union officer/Steward: An officer elected or appointed by AFSCME, Council 14,
Local 3884, AFL-CIO.
ARTICLE 4: UNION SECURITY
4.1
The EMPLOYER agrees to deduct Union dues from the wages of those employees who
individually request in writing that such deductions be made. The EMPLOYER will remit
monthly such deductions to the Union with a list of the names of the employees from
whose wages the deductions were made. The Union shall certify to the EMPLOYER in
writing the amount of dues to be withheld.
4.2
Any present or future employees who are not Union members may be required to
contribute a fair share fee for the services rendered by the Union. Upon notification by the
Union, the EMPLOYER shall deduct said fee from the earnings of the employee and
transmit the same to the Union. This provision shall remain operative only so long as
specifically provided by Minnesota law, and it is otherwise legal.
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
4.3
The Union agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits orders or judgments brought or issued against the EMPLOYER, as a result of
any action taken or not taken by the EMPLOYER under the provisions of this article.
4.4 The EMPLOYER agrees to furnish and maintain a bulletin board for the posting of Union
notices. The Union shall limit its bulletin board postings to official Union notices.
4.5
The EMPLOYER agrees to recognize, upon certification from the Union, three (3)
stewards. Employees may designate any steward for their representative functions
provided that once a steward is selected for a specific action, the designated steward will
not normally be changed.
4.6
Non-employee representatives of the Union shall be permitted to come on the premises of
the EMPLOYER for the purpose of investigating and discussing grievances provided the
Union Representative does not interfere with the work of employees.
ARTICLE 5: EMPLOYER AUTHORITY
5.1
The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; 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 this employment not specifically established or modified by this
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish or eliminate.
ARTICLE 6: SENIORITY
6.1.
Types of seniority: There shall be three types of seniority established by the
AGREEMENT.
A. Employer Seniority: The total length of continuous service with the City.
B. Department Seniority: The total length of service within a specific department or
division of city service.
C. Classification Seniority: The total length service within a work classification.
6.2
Breaks in Seniority: An employee's seniority shall be broken by voluntary resignation,
discharge, retirement or 18 months after layoff with no recall..
6.3
Seniority shall determine the order of:
A. Layoff: which shall be by classification within the City, in inverse order of
classification seniority, unless the senior employee is unable to perform the work as
outlined in the job description. However, an employee about to be laid off shall
have the right to bump (displace) any employee in a lower classification, provided
that the EMPLOYER determines the job relevant qualification factors between
employees is equal.
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
g.
Recall from layoff: which shall be by classification within the City, in inverse order
of layoff, provided that, if an employee does not return to work upon recall, as
directed by the EMPLOYER, or on an extended date mutually acceptable to the
employee and EMPLOYER, she/he shall automatically have terminated her/his
employment. Recall notification shall be by registered or certified mail to the
employee's last known address for an indefinite layoff and shall be contained in the
layoff notice for layoffs for a definite period. An employee's name shall be retained
on the recall list for eighteen (18) months, at which time all rights to recall shall
terminate.
6.4
The EMPLOYER shall issue written notice of an indefinite layoff at least ten (10)
calendar days in advance of layoff and will meet and confer with the Union to attempt to
minimize the impact of the layoff on unit members. The EMPLOYER shall issue written
notice of recall from an indefinite layoff to effected employees, providing at least seven
(7) calendar days to return to work. An indefinite layoff shall be defined as a layoff made
for an indeterminate period at the time of notice or any layoff of forty-five (45) or more
days. The EMPLOYER may layoff an employee for a definite period of forty-four (44)
days or less by giving written notice to the effected employees.
6.5
Temporary and seasonal employees in the same department and classification shall precede
regular employees in layoff No new employees shall be hired in a work classification
within a department where there are employees on layoff status until all laid off employees
have been recalled in accordance with the provisions above.
6.6
The EMPLOYER is committed to hiring the most qualified candidate for City service.
When all other qualifications are equal, the EMPLOYER shall select the applicant with the
greater service seniority for the job opening. Positions where employees are reclassified
shall not be considered vacant or newly created for the purpose of this section.
ARTICLE
7.!
7: JOB POSTING
The EMPLOYER reserves the fight to advertise for any and all position openings. The
EMPLOYER agrees to provide a written posting in a conspicuous place on the
department bulletin board, at least five (5) days prior to filling such vacant or newly
created position so that they employees may indicate by their interest in the job vacancy an
application before the advertised deadline.
7.2
Promotion from within: The EMPLOYER supports the concept of promotion from within
the job classifications of the designated bargaining unit when the candidate:
A. Has the necessary qualifications to meet the standards of the job vacancy,
B. Has the ability to perform the duties and responsibilities of the job vacancy, and,
C.
Is the most qualified candidate for the position as determined through recruitment,
testing and interviews. Such determination shall be solely made by the
EMPLOYER.
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
ARTICLE 8: GRIEVANCE PROCEDURE
8.1 Definition of a Grievance: A grievance is defined as a dispute or a disagreement, as to the
interpretation or application of the specific terms and conditions of this AGREEMENT.
8.2
Processing a Grievance: It is recognized and accepted by the EMPLOYER and the Union
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 of pay when a grievance is investigated and presented to the
EMPLOYER during normal working hours provided the employee and the Union
representative have notified and received the approval at the EMPLOYER and who has
determined that such absence is reasonable.
8.3
Procedure: Grievances, as defined by Article 8.1 shall be resolved in conformance with the
following procedure.
Step 1. An employee claiming a violation concerning the interpretation or application of
this contract shall, within ten (10) calendar days after such alleged violation has
occurred, present such grievance to the Employee's immediate supervisor. The
grievance shall be placed in writing and set forth the nature of the grievance, the
facts on which it is based, the provision or provisions of the contract allegedly
violated, and the remedy requested. The immediate supervisor shall respond to the
grievance within ten (10) calendar days of receipt of the written grievance. The
Union may appeal the immediate supervisor's answer to Step 2 within ten (10)
calendar days of the 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 employee's department head. The department had shall give the Union the
EMPLOYER's 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 department bead's answer in Step 2.
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 City Manager. The City Manager, or his/her designee shall give the
Union the EMPLOYER's answer in writing within ten (10) calendar days alter
receipt of such Step 3 grievance. If grievance is not resolved in Step 3, it may be
appealed to Step 4 within ten (10) calendar days of receipt of the City Manager's
or his or her designee's answer in Step 3. Any grievance not appealed in writing to
Step 4 by the Union within ten (10) days shall be considered waived.
Step 3A.
Prior to submission o£ a dispute to arbitration, the Union may
request that the dispute be mediated through the services of the
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
Bureau of Mediation Services. If the EMPLOYER agrees to
mediation, the timelines set forth in Step 3 to appeal to Step 4 shall
be tolled until the completion of mediation.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations Act
of 1971. The selection of an arbitrator shall be made in accordance with the
"Rules Governing the Arbitration of Grievances" as established by the Bureau of
Mediation Services.
8.4
Arbitrator's Authority: The arbitrator shall have no right to amend, modify, nullify, ignore,
add to or subtract from the terms and conditions of this contract. 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. The arbitrator may not ignore the language of the agreement, to pursue the
rules of the shop or other considerations beyond the scope of the written agreement. 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 relations having the force
and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the parties, whichever be
later, unless the parties agree to an extension. The decision shall be binding on both the
EMPLOYER and the Union and shall be based solely on the arbitrator's interpretation or
application of the express terms of this agreement and to the facts of the grievance
presented.
8.5
Arbitrator's Fees: The fees and expenses for the arbitrator's services and proceedings shall
be borne by the EMPLOYER and the Union, provided that each equally be responsible for
compensating its own party's, 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 proceedings, the cost shall
be shared equally.
8.6
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, Union may elect to treat the grievance as denied at
that step and immediately appeal the grievance to the next step. The time limit of each step
may be extended by mutual agreement of the EMPLOYER and Union.
8.7 Choice of Remedy: If, as a result of the written EMPLOYER's response in Step 3
or mediation in Step 3A, 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 either to Step 4, or a procedure such
as: Civil Service or Veterans Preference. If appealed to any procedure other than Step 4,
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
the grievance is not subject to the arbitration procedure as provided in Step 4. The
aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4, or
another appeal procedure, and shall statement to the effect that the choice of any other
heating precludes the aggrieved employee from making a subsequent appeal through Step
4.
ARTICLE 9: DISCIPLINE
9.1 The EMPLOYER will discipline non-probationary employees for just cause. Discipline
will be in one or more of the following forms:
Oral reprimand
Written reprimand
Suspension
Demotion
Discharge
9.2
Notice of suspensions, demotions, and discharge will be in written form and will state the
reasons for the action taken. The Union will be provided with a copy of all written
reprimands, notice of suspensions, demotion or discharges with the approval disciplined
employee.
9.3
Written reprimands, notices of suspensions and notices of discharge which are to become
a part of an employee's personnel file shall be read and acknowledged by signature of the
employee. The employee will receive a copy of such reprimands and notices.
9.4
Employees may examine their personnel files at reasonable times under the direct
supervision of the EMPLOYER.
9.5
An Employee will not be questioned concerning the disciplinary action without a Union
Steward present, if the employee requests the presence of a Union Steward.
ARTICLE 10: PROBATIONARY PERIODS
10.1
All newly hired or re-hired employees will serve a six month probationary period subject
to a satisfactory or better performance evaluation fi-om the Employee's supervisor. This
probationary period may be extended at the discretion of the EMPLOYER for up to thirty
(30) days. The Employee will be notified of any extensions and the reasons for the
extension prior to the end of the initial probationary period. At any time during the
probationary period a newly hired or re-hired employee may be disciplined or terminated
at the sole discretion of the EMPLOYER.
10.2
All employees promoted or transferred will serve up to a six (6) month probationary
period for any job classification in which the Employee has not previously completed a
probationary period. Successful completion of the probationary period is subject to a
satisfactory or better performance evaluation by the EMPLOYER. During the first forty-
five (45) days of the probationary period, a promoted or reassigned Employee may return
to his/her former position upon giving notice to the EMPLOYER. An Employee may be
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
required to return to his/her former department and rate of pay at the sole direction of the
EMPLOYER during the probationary period.
ARTICLE 11: WORK SCHEDULES
11.1 The normal work week shall be forty (40) hours Monday through Friday. Nothing herein
shall be construed as a guarantee of hours of work per day or per week.
11.2 The normal work year shall be 2,080 hours per year.
11.3 Work Shift: Work shifts, flex time arrangements, staffing schedules and the assignment of
Employees thereto shall be established by the EMPLOYER.
11.4
Work Schedule Changes: The EMPLOYER will give seven (7) calendar days advance
notice of change in work schedule. In the event that work is required because of unusual
or emergency circumstances such as, but not limited to snow, sleet, fire flood or
breakdown of municipal equipment or facilities, no advance notice need be given.
11.5
It is recognized that service to the public may require establishment of non-regular shifts
for some employees on a daily, weekly, seasonal or other basis than the normal work week
or day and the schedule may include Saturdays, Sundays or evenings.
11.6
Work Breaks: Employees shall receive one (1) unpaid thirty (30) minutes lunch break at
the middle of their shift and two paid fifteen (15 ) minute breaks per 8 hour shift. With
the approval of the EMPLOYER an employee may use both 15 minute breaks in the first
half or second half of a shift or combine them with their unpaid lunch break.
ARTICLE 12: WORK RULES
12. l The EMPLOYER shall have the right to establish work rules that are not in conflict with
this agreement..
ARTICLE 13: WORK OUT OF CLASS
13.1 An employee who is specifically assigned to perform work which is at a higher
classification shall receive his/her regular rate of pay for the first ten (10) consecutive
working days of such work, and shall receive the minimum of the range of the higher
classification or three (3) percent of the employee' s salary, whichever is greater, for each
day thereafter. In no case shall the out of class pay exceed the maximum of the salary
range of the higher classification. For the purposes of this Article an out of the class
position is one which has a higher range minimum that the employee's position
ARTICLE 14: OVERTIME
14.1 Overtime: All hours worked by non-exempt employees in excess offorty (40) per week
shall be considered overtime.
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
14.2
Overtime Rate: All employees shall be compensated for all overtime hours worked at the
rate of time and one-half (11/2) the employee's base pay rate. Accrual and use of
compensatory time shall be subject to the prior approval of the EMPLOYER. No
employee shall retain more than forty (40) hours in the compensatory time bank; hours
earned in excess of forty (40) shall be paid in cash at the appropriate rate.
14.3
No Pyramiding of hours The base pay rate or premium compensation shall not be paid
more than once for the same hours worked under any provisions of this AGREEMENT,
nor shall there be any pyramiding of premium compensation.
14.4
Overtime shall be voluntary except in emergencies or when the required employees are
not available on a voluntary basis. IF there are no volunteers sufficient for a work
assignment the City will assign the overtime to employees at the discretion of the
EMPLOYER.
ARTICLE 15: CALL BACK PAY
15.1
An Employee called onto work at a time other than the Employee's regularly schedules
shffi will be compensated at a minimum of two (2) hours pay at one and one-half (1 1/2)
the Employee's current base pay. Extensions, changes in shi_~s, or call to report to work
early shall not qualify for call back pay.
ARTICLE 16: ON CALL DUTY/STANDBY PAY
16.1
Employees directed by the EMPLOYER to be on call or on standby will be compensated a
minimum of one (1) hour each day Monday through Friday and a minimum of two (2)
hours for Saturday, Sunday and Holidays. Call outs while on call/standby will be paid for
a two (2) hour minimum at the rate of time and one half (1 1/2) the employee's rate of
ARTICLE 17: HOLIDAYS
17.1 The EMPLOYER shall recognize as paid eight (8) hour holidays those holidays specified
as follows:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran' s Day
Thanksgiving Day
The Friday a~er Thanksgiving Day
Christmas Eve Day
Christmas Day
One (1) floating holiday
January 1;
the third (3rd) Monday in January
the third (3rd) Monday in February
the last Monday in May
July 4
the first (1 st) Monday in September
November 11
the fourth (4th) Thursday in November
Friday after Thanksgiving
December 24
December 25 and
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
17.2
All non-probationary regular full-time employees shall be eligible for a floating holiday
starting on January 1 of the year after the employee achieves regular employee status.
Probationary employees shall not be eligible for a floating holiday. Scheduling of an
employee's floating holiday shall be by mutual agreement between the employee and
his/her supervisor. A floating holiday cannot be carded over from one year to the next.
17.3
An employee shall be eligible for holiday pay provided that he/she is on paid status on the
scheduled work day immediately prior to the holiday and the scheduled work day
immediately after the holiday.
17.4
When a holiday, as designated in this Article, falls on Sunday, the following day (Monday)
shall be considered the holiday. When a holiday, as designated in this Article, falls on a
Saturday, the preceding day (Friday) shall be considered the holiday. An employee,
regardless of his/her work schedule, shall receive the same number of holidays as an
employee whose normal work week is Monday through Friday.
17.5
Non-exempt employees assigned and required by the EMPLOYER to work on a holiday
as designated in this Article, shall receive overtime compensation at one and one-half (1
1/2) times their base rate of pay for hours worked, plus the holiday compensation at their
base rate of pay (up to eight (8) hours), but in no case shall the total compensation amount
to more that two and one-half (2 1/2) times the employees base rate of pay.
ARTICLE 18: VACATION
18.1
Full time regular employee shall accrue vacation leave during the probationary period, but
are not allowed to use vacation time until after the probationary period has been
completed. Vacation time shall accrue on a pro-rata monthly basis on the following
annual schedule:
Years of Service Annual Hours Earned
0- 3 years 80 hours
4 - 9 years 120 hours
10 - 14 years 160 hours
15 years 168 hours
16 years 176 hours
17 years 184 hours
18 years 192 hours
19 years and over 200 hours
18.2
Scheduling vacation time: Department heads are responsible for scheduling the vacation
leaves of their employees. Vacation of over two days should be scheduled at least three
(3) weeks in advance. Employees are encouraged to give one (1) week notice for one
(1) to two (2) vacation day requests.
18.3
Accumulating vacation time: Employees may carry accrued vacation leave balances equal
to two times their annual vacation earnings. For example, an employee earning two (2)
weeks of vacation time annually, will be allowed to carry a vacation balance up to four (4)
10
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
weeks. Accruals exceeding the maximum balance shall be considered lost on December
31 st of each year.
ARTICLE 19: SICK LEAVE
19.1
Accrued sick leave: All full time and part time Employees, including probationary
Employees but excluding temporary and seasonal employees shall earn sick leave. Full
time Employees shall earn sick leave at a rate of one eight (8) hour day per month. Sick
leave accrual for part time Employees working more than 20 hours per week will be
prorated based on hours worked.
19.2
Eligibility for sick leave: All employees, except probationary employees may be allowed
to use accumulated sick leave in the event of illness or injury to the employee or his/her
children.
19.3
Employees may accumulate the unused portion of sick leave to a maximum of one
hundred twenty (120) days.
19.4
Once a year employees who have accumulated at least ninety (90) days of sick leave may
receive cash payment for their sick leave days in excess of ninety (90) days at fifby (50)
percent their current rate of pay.
19.5
Sick Leave may be authorized for the following reasons with the limitations as specified:
A: For illness or injury, preventive exams, dental or medical treatment for the
employee or their immediate family (where there are no other responsible adults
available in the household).
B: Sick leave usage shall be subject to the approval and verification by the department
head, who may require the employee to furnish a report for an absence of three (3)
days or more from a recognized medical authority attesting to the necessity of the
leave, ability to return to duty or other information deemed necessary.
19.6
Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and
recovery therefrom, are, for all job related purposes, temporary disabilities and shall be
treated as any other illness.
ARTICLE 20: EMERGENCY LEAVE
20.1
An employee may be granted emergency leave by the EMPLOYER if a critical situation
such as a serious illness or a death has occurred in the immediate family. Such leave may
be taken from sick leave, floating holiday, vacation leave, or without pay, in that order.
20.2
An employee may be allowed to use one (1) day of his/her accumulated sick leave in the
event a member of the employee's immediate family is hospitalized due to critical illness or
injury. One (1) such leave day shall be allowed in a calendar year.
20.3
Funeral Leave. An employee may be granted up to three (3) days per calendar year of paid
leave in conjunction with a death of a member of the employee's immediate family.
11
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
20.4
Definition of Immediate Family. For the purposes of ARTICLE 22 Section 1, 2 and 3;
immediate family shall be defined as the, employee's parents, spouse, brother, sister,
spouse's parents, children, spouse's brother or sister, grandparents or spouse's
grandparents.
20.5
The EMPLOYER shall provide unpaid leaves of absence, in addition to any other leave
authorized by this AGREEMENT, in conformance with State or Federal law.
ARTICLE 21: MILITARY LEAVE
21.1
In accordance with State and Federal laws, any employee required by official military
orders or related authority to attend Military Reserve Training shall receive full wages at
his/her current base pay rate for the period of the active duty required for such training,
not to exceed fifteen (15) calendar days per calendar year. The employee shall present the
EMPLOYER with copies of the official orders received as soon as practical after the
necessity for the leave is known.
ARTICLE 22: LEAVES OF ABSENCE
22.1 Employees shall be eligible for leaves of absence after one years service with the
EMPLOYER.
22.2
Application for leave shall be submitted in writing by the employee to the EMPLOYER.
The request shall state the reason the leave of absence is being requested and the length of
time off the employee desires. Authorization for a leave of absence shall be furnished to
employee by the EMPLOYER in writing.
22.3 A request for a leave shall be answered within ten (10) work days.
22.4 Employees will be granted a paid leave of absence to undergo a medical procedure to
donate bone marrow in accordance with applicable state law.
22.5
Neither benefits nor salary increases will be earned by employees while on a leave of
absence without pay. Employees returning to work after leave without pay will be paid at
the same rate of pay received before the leave began.
22.6 Health, dental and life insurance, if it is kept in force, must be paid in full by the employee
during an authorized leave of absence.
22.7
Failure on the part of the employee to request an extension prior to expiration of a leave
of absence without compensation, or to notifij the EMPLOYER within three (3) calendar
days after the expiration of such granted leave, shall be considered a resignation from City
service.
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Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
ARTICLE 23: ABSENCE WITHOUT LEAVE
23.1
Any absence of an employee from scheduled duty that is not promptly reported to and
authorized by the EMPLOYER shall be deemed an absence without leave. Any employee
absent without leave will be subject to disciplinary action and any employee absent
without leave for three (3) consecutive days shall be deemed to have resigned his/her
employment, provided that the EMPLOYER may grant approval for leave subsequent to
the unauthorized absence if the EMPLOYER determines the circumstances surrounding
the absence warrant such action.
ARTICLE 24: SEVERANCE PAY
24.1 An employee who has worked for the City for at least five years and who retires or
otherwise terminates employment for reasons other than discharge shall receive fifty (50)
percent of the accrued, but unused sick leave. The severance pay shall be paid at the rate
of the employee's last rate of pay as of the date of termination.
24.2
An employee who retires or otherwise terminates employment will receive one hundred
(100) percent of the employee' s accrued, but unused vacation leave.
24.3
In the event of the death of an active Employee, the estate of said Employee shall be paid
one hundred (100) percent of the Employee's accrued but unused sick leave and vacation
leave.
ARTICLE 25: UNIFORM ALLOWANCE
25.1 The EMPLOYER agrees to provide a uniform to those employees who are required by the
EMPLOYER to wear a uniform.
ARTICLE 26: AUTOMOBILE ALLOWANCE
26.1 Employees required by the City to use their personal cars while engaged in City work shall
be reimbursed by the City for the number of miles they travel at the rate established by the
City Council.
ARTICLE 27: LICENSE REQUIREMENTS
27.1
The City agrees to reimburse employees for the following required licenses and renewal of
same.
Water Operators License
Building Inspectors License, Class I, II
Professional Engineers Registration
Limited Accessibility Specialist
Sewage Treatment System Certificate
Sewer Operators License
Journeyman Plumber's License
Master's Plumbers License
I. C.B.O. Building Inspector
Plans Examiner
27.2 Employees shall not use licenses paid by the Employer for personal or private employment
or gain.
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Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
ARTICLE 28: SERVICE TRAINING
28.1 The EMPLOYER agrees to pay the costs of tuition and program materials for any
workshops, conferences or other training sessions which the City requires an employee to
attend.
ARTICLE 29: TUITION REIMBURSEMENT
29.1
The EMPLOYER agrees to reimburse an employee for the costs of tuition and books for
any college level course reasonably related to his-her position in which the employee
receives a grade of C or better, provided that the employee notifies the EMPLOYER of
his/her intent to take the course prior to May 1 of the fiscal year preceding the employee's
enrollment in the course and obtains approval of the City Manager to attend the course.
29.2
If an Employee voluntarily resigns his/her position within one year after the completion of
said course(s), he/she shall reimburse the EMPLOYER for all costs paid under the terms
of this Article.
29.3
It is agreed and understood that any employee who is authorized to receive Veteran's
benefits for such schooling will exhaust such Veterans benefits prior to applying to the
EMPLOYER for the payment of such tuition and books.
ARTICLE 30: INSURANCE
30.1 The EMPLOYER will provide group health insurance with aggregate benefits equal to
those that presently exist for the duration of this AGREEMENT. The EMPLOYER will
pay a sum not to exceed three hundred eighty (380.00) dollars per month for single and
dependent coverage.
30.2
The EMPLOYER will provide group dental insurance with benefits substantially the same
as presently exist for the duration of this agreement. The EMPLOYER will pay a sum not
to exceed the least costly monthly premium for coverage of the employee and a sum not to
exceed forty (40.00) dollars per month for single and dependent coverage.
30.3 The EMPLOYER will provide term life insurance with benefits substantially the same as
presently exists in the total face amount of $40,000.
ARTICLE 31: RIGHT OF SUBCONTRACT
31.1
Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER to
subcontract work performed by the employees covered by this AGREEMENT. In the
event that the EMPLOYER determines to contract out or subcontract any work
performed by employees covered by this AGREEMENT, the EMPLOYER shall notify the
Union when such determination is made, but in no case less than thirty (30) calendar days
in advance of the implementation of such determination. During said period the
EMPLOYER shall meet and confer with the Union to discuss possible ways and means to
minimize adverse impact on the unit.
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Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
ARTICLE 32: PART-TIME EMPLOYEES
32.1 Part-time employees are defined as employees who have completed their probationary
period and who work less than 40 hours a week on an annual basis.
32.2 Part-time Employees years of service for the purpose of salary will be computed hourly,
2,080 hours equal to one year of service.
32.3 Part-time employees will earn sick leave benefits on a pro-rata basis, provided that such
employees are regularly scheduled to work not less than 20 hours a week.
32.4 Part-time Employees will be placed on the same salary grade as full-time employees in
each classification as of January 1, 1995.
ARTICLE 33: SEASONAL AND TEMPORARY EMPLOYEES
33.1 Seasonal and temporary employees are defined for the purposes of this contract as
employees working not more than 140 working days in a calendar year.
ARTICLE 34: SAVINGS CLAUSE
34.1
This AGREEMENT is subject to the law of the United States, the State of Minnesota and
the City of Prior Lake. In the event any provisions of the 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 m-negotiated at the written request of either party.
ARTICLE 35: DURATION
35.1
Effect of Agreement.: Any and all prior agreements, resolutions, practices, policies, rule
and regulations regarding terms and conditions of employment, to the extent inconsistent
with the provisions of this agreement are hereby superseded.
35.2
Termination or modification: Either party desiring to terminate or modify this contract
must notify the other party in writing at least thirty (30) but no more than sixty (60) days
prior to December 31, 1995, and shall be automatically renewed from year to year unless
either party notifies the other party in writing that it desires to modify or terminate this
Agreement no more than sixty (60) days prior to but no less that thirty (30) days prior to
the expiration date.
35.3
Negotiations during term: The parties mutually acknowledge that during the negotiations
which resulted in this Agreement, each had the opportunity to make demands and
proposals regarding terms and conditions of employment. All understandings and
agreements arrived at by the parties are set forth in this contract. For the 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,
whether or not specifically referred to or covered in this contract, even though such
15
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
35.4
35.5
matters may not have been within the knowledge of either or both parties at the time this
Agreement was negotiated or executed.
Full agreement: The EMPLOYER and the Union agree that this Agreement contains all
of the terms and conditions of employment which have been arrived at and that the
EMPLOYER shall not be obligated to provide or maintain any terms or conditions of
employment not provided herein.
Effective dates/opening: This Agreement shall be effective from January 1, 1994 through
December 31, 1995, and shall continue until such time as a new contract between the
parties is executed.
16
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
SIGNATURES:
CITY OF PRIOR LAKE, MINNESOTA
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO COUNCIL 14, LOCAL 3884
MAYOR
Dated:
ATTEST:
Bargaining Committee Member
Bargaining Committee Member
Dated:
City Manager
AFSCME StaffRepresemative
Dated:
Dated:
17
Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO
APPENDIX A: WAGES AND SALARY SCHEDULES
1994 Salary Package
Increase of 2.5% effective for all employees on January 1-1994
$10 per month increase for all full time employees on July 1, 1994
Longevity increases paid in 1994, current longevity payments rolled into base pay as of December
31, 1994
1995 Salary Package
Increase of 1% for all employees on January 1, 1995, or increase to minimum on salary grade,
whichever is greater.
Longevity eliminated for all employees
$10 per month increase for all full time employees on July 1, 1994
All employees will receive additional pay for performance based on performance evaluations
conducted on or near the employee's anniversary date of employment.
Part Time Secretary-Receptionist to be placed on Salary Schedule at Grade 1
Salary Grade
0
1
1
1
1
1
2
2
2
2
3
3
6
7
7
Position
Community Service Officer
Receptionist\Secretary
PT SecretaryW, eceptionist- 20 hr/wk
PT SecretaryW, eceptionist - 20 hr/wk
PT SecretaryLReceptionist - 24 hr/wk
PT Secretary~Receptionist - 24 hr/wk
Billing Clerk
Maintenance Worker I
Park Maintenance II
Secretary
Senior Accountant
Maintenance Worker II
Engineering Tech IV
Building Inspector
Water Resources Coordinator
APPENDIX A
1994 - 1995 Agreement Between the City of Prior Lake, Minnesota and Council 14, AFSCME, Local 3884
City of Prior Lake 1994 AFSCME Salary Grade and Zone Schedule
Hourly Rate
Grade Number Zone 1 Zone 2 Zone 3
7 14.94 16.48 16.48 19.53 19.53 21.06
6 13.89 15.32 15.32 18.16 18.16 19.59
5 13.00 14.24 14.24 16.73 16.73 17.95
4 12.06 13.08 13.08 15.33 15.33 16.36
3 11.03 11.99 11.99 13.95 13.95 14.91
2 9.95 10.82 10.82 12.57 12.57 13.46
1 8.87 9.67 9.67 11.23 11.23 12.01
City of Prior Lake AFSCME 1995 Salary Grade and Zone Schedule
Hourly Rate
Grade Number Zone 1 Zone 2 Zone 3
7 17.13 19.15 19.15 21.17 21.17 23.18
6 15.94 17.82 17.82 19.69 19.69 21.57
5 14.61 16.33 16.33 18.05 18.05 19.77
4 13.32 14.88 14.88 16.45 16.45 18.01
3 12.13 13.56 13.56 14.99 14.99 16.42
2 10.95 12.24 12.24 13.53 13.53 14.82
1 9.77 10.92 10.92 12.07 12.07 13.22
1 6.21 6.94 6.94 7.67 7.67 8.40
APPENDIX A
1994 - 1995 Agreement Between the City of Prior Lake, Minnesota and Council 14, AFSCME, Local 3884
APPENDIX B: STATEMENT CONCERNING SEXUAL HARASSMENT
The EMPLOYER and AFSCME Council 14 believe that all employees have a right to work in an
atmosphere free of sexual harassment. To this end the EMPLOYER has adopted a specific
personnel policy dealing with sexual harassment. Any employee who believes that he/she has been
subjected to sexual harassment is urged to consult that policy. In addition, the employee is urged
to contact the City Manager or the Assistant Manager, his/her supervisor, or staff representative,
if he/she is confronted with sexual harassment while an employee of the City. An employee may
also contact the Minnesota Department of Human Rights or the Federal Equal Economic
Opportunity Council (EEOC).
APPENDIX B
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