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HomeMy WebLinkAbout8A4 - Labor Agreement - Supervisors AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: STAFF AGENDA REPORT 8A (4) BRET WOODSON, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF RESOLUTION 97-XX RATIFYING LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES REPRESENTING SUPERVISORS FOR 1998. DECEMBER 15, 1997 The Supervisors bargaining unit representing eleven employees was formed in 1994. Initially, the unit was an association which represented itself in negotiations. However, in 1996 the unit became affiliated with the Minnesota Teamsters. The initial contract between the City and this bargaining unit was approved in April of 1997 and covered the years 1995 - 1997. The City's negotiating team, consisting of myself and Labor Attorney John Roszak, have drafted an agreement with the Supervisor's Unit for 1998 in accordance with the Public Employee Labor Relations Act (PELRA). This Agreement stems from negotiations which occurred during the last month. We strived to develop an agreement which will provide an effective and ongoing "Labor Peace", and to achieve an agreement which is reasonable economically and features prudent terms. The Agreement for which Council ratification is requested meets both criteria. Virtually all of the language has remained from the initial Agreement with this Unit. The only areas where a change has occurred include: wages and health insurance contributions. The City has already settled on health insurance contributions for AFSCME for 1998. That amount is $415 per month for family coverage. This Agreement includes the same $415 monthly contribution for health insurance. This represents a $10 increase from 1997. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The City has already settled on wages for 1998 with AFSCME, LELS, and the Sergeants Unit. These amounts are listed below: AFSCME: 2.5% + Pay for Performance (Addl. 1- 3%) LELS: 3.0% SERGEANTS: 3.0% The Agreement for which Council ratification is requested includes a three (3%) increase for the Supervisor's Bargaining Unit for 1998. Supervisor's will still have performance evaluations, but will not be eligible for additional pay for performance. The Agreement does contain language stating that a committee consisting of two members from the City and two members from the Union continue to meet, discuss, and prepare a joint proposal for performance pay in a time line suitable for potential integration into future Agreements. ISSUES: Labor Agreements typically do not provide complete satisfaction to either party. However, this particular contract was not very controversial during the negotiation process. This Agreement, therefore, represents an equitable conclusion of bargaining which allows us the opportunity to focus upon the issues at hand, which are considerable in our growing community. ALTERNATIVES: The Council has the following alternatives: 1. Approve Resolution 97-XX ratifying the Labor Agreement between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees Representing Supervisors for 1998. 2. Defer action on the Labor Agreement subject to receipt of additional information. RECOMMENDATION: Staff recommends Alternative #1 ACTION REQUIRED: Motion and second to adopt Resolution 97-XX ratifying the Agreement with the Supervisor's Bargaining Unit. CC98CON.DOC :t~INNE SO~ "to RESOLUTION RATIFYING LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES REPRESENTING SUPERVISORS FOR 1998 RESOLUTION 97-XX MOTION BY: SECOND BY: WHEREAS, the Public Employee Labor Relations Act as amended requires that the City negotiate with the exclusive bargaining representative for groups of essential and non-essential employees; and, WHEREAS, the Minnesota Teamsters Public and Law Enforcement Employees represent Prior Lake supervisory personnel; and, WHEREAS, negotiations have taken place which have resulted m a Labor Agreement for 1998; and, WHEREAS, the employees who make up the Teamsters supervisory bargaining unit have ratified said agreement; and, WHEREAS, the Agreement becomes effective on January 1, 1998; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it hereby ratifies the Labor Agreement between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees, January 1, 1998 through December 31, 1998; and, BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the above referenced labor agreement. Passed and adopted this 15th day of December, 1997. YES NO Andren Andren Robbins Robbins Kedrowski Kedrowski Mader Mader Schenck Schenck 16200 E~R@;8iQO~E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 12/10/97 11: 13 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 . [;119 EMPLOYER may, at its election, enforce this Article through the courts or the grievance procedure. 19.3 Working out ofClassiftcation. An employee assigned by the City Manager to an interim position calling for the perfornlance of duties of that employee's supervisor for a. period of time equal to or greater than (me-quarter of a year shall be paid at a salary for thl:lt period of time which is equal to the minimum salary ofthe position being filled. ARTTCLE XX - DURATION 20.1 111is Agreement shall be effective from W~f.t~r-~nf.~:t;::!~i~Q~j!~P':~~;~~:i4j::t?;%r;@il;: W;W~i~f, the dat'C of 3i~nin~ and ~hall remain in ftlll force 2md dIeet until Dect:fhbcr 3'1, 1997. Onl) tht. salark3 3.hown in Seetio1'116.1 will be retrutjetivo to Janl1MY 1,1995 for those t:lnployec8 wl10 Welte employed by the Cit~ ttt that tiIiU: and ha.ve rel'l..ained continuously employed until the dttle ofratitication. The 81:unc holds true fCf.r the CitY'il i.l"lSllran~c contributio.6S in Sccti6ft 1 ~.2. 20.2 Effective after December 31, 1997, the terms and conditions set forth in this m:~[~~~i~ Agreement shall constitute the complete agreement between the parties, No past practices, administrative interpretations or any other actions or communications on behalf of either party shall be d.eemed to be part of this '~~f;~~~ A,greement. Grievances may be filcd only to reso.lve the dispute or disagreement involving a provision within this :~t;ttt~~i~ master contract, and shnl1not include any past practice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 199_, "';t. . ," . 12./1U/::U 11:05 RRTWIK ROSZRK ETRL ~ 6124474245 COLLECTIVE BARGAINING AGREEMENT between CITY OF PRIOR LAKE, MINNESOTA and MINNESOTA TEAMSTERS AND LA W ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 REPRESENTING: SUPERVISORY UNIT January 1, 1995 ~i to Decem her 3l.. 199~~ (R'etroadi v c for only Salar)) NO. 037 GJ02 .' 1 r 12/10/97 11: 14 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 Q21 APPENDIXB - ~~i~~;~~PAYPORDLI'ART!\.mNT lIL\DS ONLY The EMPLOYER shall establish ~valuation criteria for each employee. !!!ii~~!~~~!;t~~~!~J~~~;jit.l~K!Ji;~~!)!~~~]~f~~i!i~~~1R;~t~mtx.~mlir.!t~i:,~)~~Y:I:~q;i;t.Wq. ~~~&!!ltI'~iil~~~i~\~~ii!p.!i~~ii!:The l'M'tk1i shall f60ft ~\ eOllllliitteJ~ oftwo nlcw.bcr~ t.'ilch to prepare a joint proposal fo(' performance pay and a performance evaluation. ~ commit".:ec shall be llliInCQ ~nd h8'"lC all initial m.~{;ting to establish Lllimclil"l6 .. ithin tell yv'orking days after Ttttitication of thi3 Agreement. The joint proposal shall be prepared in a fbrm and timelinc suitable for integration into the Agreement that hecomes effective on January I, 199~. ..'~ ;"--r--:--:~"'-~:-?::'~. ~"7-~.. .,:-~ 12/10/97 11:06 RRTWIK RoSZRK ETRL ~ 6124474245 NO. 037 [;)04 ARTICLE XVII - VEHICLE ALLOWANCE AND MILEAGE REIMBURSEMENT . . . . . . . . . , . . . . . . . . . . . , . I I . . . . . . . . . I , .. . . . I . . .. I . , . . . . . , . . . . . . . . . . 16 ARTICLE XVIII - INJURY ON DUTY .....................................17 ARTICLE XIX - HOURS OF SERVICE .................................... 17 ARTICLE XX ~ DURATION. ....... .. .. ....... ... . . , .. .. .. .. . . . .. , . . . . .. 18 ^ PPENDIX ^ - SALARIES ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 19 APPENDIXB -!~!~~If!l!I~PAY ..................,.................20 APPENDIX :9 ~ - VEHICLE ALLOWANCE AND MILEAGE REIMBURSEMENT CHART. . . . . . . . . . . . . . . . . . . , . . . . . . . . . . 22 "..... -, . t""., -. . . !~. "V', ..... - . "8' ,,;.0 :".:'.~~:.. ...:.'/~,,: ',' ,"~'~.,::; =. '~~ 12/10/97 11: 15 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 . [;123 APPENDIX Be - VEHICLE ALLOWANCE AND ":::~/! MILEAGE REIMBURSEMENT CHART In accordance with Section 17.3, the following chart shows the status of employet:s who receive a mileage reimbursement, a monthly allowance, or use of a City vehicle effective after the date of mtification of th is Agreement: Mileage Reimbursement $200 Monthly Allowance Use of City V chicle Public Works Director Pllblic Works Supervisor Assistant Engineer Planning Director Parks and Recreation Director Building Official Police Chief Plannin.g Coordinator Recreation Supervisor Parks Supervisor Police Lieutenant # 25146/s1d ~. ; .:1 ," .';;.~-'~ :-''''"---:- '._";".---:--:::'; '~..."~ .. W:" . 12/18/97 11:07 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 Gl06 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 3.3 EMPLOYEE: A member of the bargaining unit as detined in Section 2.1. 3.4 EMPLOYER:' The City of Prior Lake. The Employer may designate the City Manager or other designee to carry out th~ provisions of this Agreement on behalf ofthc City. 3.5 PROBATIONARY EMPLOYEE: An employee who has not completed the required probationary period of one (1) full year of continuous service to the EMPLOYER in a bargaining unit position for which th~ employee was hired or into which the employee was pronloted. 3.6 UNION OFFICER: Officer elected or appointed. by the Union. 3.7 CITY MANAGER: The head of the administrative branch of the city government pursuant to Minnesota Statutes. 3.8 DAYS: The term "day" or "days" means calendar days which shall be counted for purposes ofthe provisions ofthis Agreement by excluding the day of the event, act, or default and counting tile next day as the 1:irst day of the period. The last day ofthe period will be count~d unless it is f.1 Sa.turday, Sunday or holiday. Tn such ml event, the next day that is not H Suturday, Sunday or holiday will constitute the last day of the period. ARTICLE IV - EMPLOYER AUTHORITY 4.1 The EMPLOYER reserves all inherent managerial rights and policies. Employees may not file grievances over the EMPLOYER'S exercise of inherent managerial rights or interpretation or application of laws, rules, or regulations. 4.2 The EMPLOYER retains the: full and unrestricted lights as follows: tu ()perate and manage all employees, facilities, and equipment; to establish functions and programs; to set and amend budgets; to detemline the {Seal} City Manager City of Prior Lake SUPER98.DOC 12/10/97 11:08 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 Gl08 5.3 The Union may designate an employee from th~ bargaining unit to act as steward and all alternate and shall inform the EMPLOYER in writing of sllch choice and changes in the position of stcward and/or alternate. 5.4 The EMPLOYER shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.J. DEFINITION OF A GRIEVANCE A grievanc~ is delined as a dispute or disagreement as to the interpretation or application of the specific tenus and. conditions ofthis Agreement. A grievance must h~ submitted in writing to the EMPLOYER within twenty-one (21) days after either the date of the occurrence of the first event given rise to the grievance or the date the grievant knew or should have known of the ()ccurr~nce ()fth~ first ~vent giving rise to the grievance. Allegations shall not be considered to bc renewcd with each pay period. 6.2 UNION REPRESENTATIVE The EMPLOYER will recognize representatives desi1:,rnated by the Union as the grievance representcltives of the bargaining unit having the duties and responsibilities cstablished by this Article. The Union shall notify the EMPLOYER in writing of the names of sllch Union representatives and of their successors when so designated as provided by Article 5.3 of this Agreement. 6.3 PROCESSING OF A GRlEV ANCE It is recognized and accepted by the Union and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore bc accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Union representative shall bc allowed a reasonable amount oftimc without loss of pay when a grievance is investigated and prt:sented to the EM.PLOYER during normal working hours provided that the employee and the Union representative have notified and received the prior a.pproval of the EMPLOYER who has determined that stlch absence is reasonable amI would not be detrimcntal to their work for the EMPLOYER. 12/1lV97 11:06 RRTtJII< ROSZRK ETRL ~ 6124474245 . NO. 037 [;103 TABLE OF CONTENTS ARTICLE I - PURPOSE OF AGREEMENT .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE II - RECOGNITION .......................... I . . . .. . . . . . . . . .. . .4 ARTICLE III - DEF.INITIONS .. . . . I . . . . ... . . .. . .. . . . . . .. . . . . . . . . . . . . .. " . . 5 ARTICLE IV - EMPLOYER AUTHORITY .......,......."................... 5 ARTICLE V - UNION SECURITy.,....................................... 6 ARTICLE VI - EMPLOYEE RIGHTS - GRTEV ANCE PROCEDURE ............. 7 DEFINITION OF A GRlEV ANCE .................................... 7 lINIONREPRESENTATIVE .........,..............................7 PROCESSING OF A GRIEVANCE ................................... 7 PROCED1JRE . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I . . . . . . . . . . . . . . . . . . . . . 8 ARBITRATOR'S AUTHORITY ...................................... 9 WAIVER ........................................................ 9 ARTICLE VII- SAVINGS CLAUSE....................................... 10 ARTICLE Vln - DISCIPLINE OF NON-PROBATIONARY EMPLOyEES......., 10 ARTICLE IX- PROBATIONARYPERlOD .....,.....,.....................11 ARTICLE X- VACATION LEAVE,...................................... 12 ARTICLE XI - HOLIDAYS .............................................. 13 ARTICLE XII - LEAVE FOR DEA TIT IN THE FAMILY ... I . . . . . . . . . . . . . . . . . . 13 ARTICLE XIII - SICK LEAVE AND SEVERANCE PAY .................. ,...14 ARTICLE XIV - INSURANCE ................................ I . . . . . . . . . . 14 ARTICLE XV - LONGEVITY PAY ....................................... 15 ARTICLE XVI- SALARIES.... .. .. . . ............ .., ..... . ... . .... . ... .. 16 ..--- ", " '-----;--.:: '---;-... .' .-------:--- . 12/10/97 11:09 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 [;l10 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to~ or subtract from the terms and conditions of this Agreement. The arbitrator shaH consider and decide only the specific i.ssue(s) submitted in writing by the EMPLOYER and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without pOwer to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, niles, 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 deci.sion shall be binding on both the EMPLOYER and tile Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the tllcts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOY1::::!{ and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim re::cord of the proceedings, it may cause such a record to be made, providing it pays for the record. 11' both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 WAIVER 11' a grievance is not prese::nted within the time .limits set torth above, it shall be considered "waived". If a grievance:: is not appealed to the next ste::p within the specitied time limit or any agreed extension thereot: it shall. be considered settled on the basis of the EMPLOYER'S last answer. lfthe EMPLOYER does not l:lnSWcr a glievcll1ce or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately nppeal the grievance to the ne::xt step. The time limit in each step may be extended by mutual written agreement of the:: EMPLOYER and the Union in each step. 12/10/97 11:06 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 [;105 MEMORANDUM OF UNDERSTANDING ARTICLE 1 - PURPPSE OF AGREEMENT This Agreement is entered into between the City of Prior Lake, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent l:Jud purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 11.2 Place in written form the parties' entire agreement upon terms and conditions of employment contained herein for the duration of this Agreement. ARTICLE II - RECOQNITION 2.1 The EMPLOYER recognizes the Union as the exclusive representative tor all employees in a unit certified in Case No. 95-PCE-154 hy tht: State of Minnesota Bureau of Mediation Services. Since that certification, the City has changed. certain job titles. The unit is now described as foHows: All supervisory employees of the City of Prior Lake, Minnesota, in tht: positions of: Public Works Director, Assistant Engineer, Public Works Sllpervisor, Planning Director, Planning Coordinator, Park and Recreation Director, Recreation Supervisor. Parks Supervisor, Buildil1g Official, Police Chie!: and Police Lieutenant, who are public employees within the meaning of Minn. Stat 179A.03. subd, 14, excluding confidential and all other employees. 2.2 Tn the event the EMPLOYER and the Union are unable to agree as to the inclusion of a new or modified job class, the issue shall be submitted to the State of Mil1l1esota Bureau of Mediation Services for detel111ination. ARTIe. ,E III - DEFTNITIONS 3.1 UNION: Minnesota Teamsters Public and Law Enforcemenl Employees' Union, Local No. 320 . 'l":'- , " .~.:-... "':' ------r----- 1\ r 12/10/97 11:10 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 [;112 names from the permanent panel of arbitrators selected by the parties through a process of each submitting a list of seven (7) arbitrators' names with an odd number greater than one of the same names appearing on each list becoming the permanent panel. 8.6.3 At the hearing. the EMPLOYER has the burden of producing substantial evidence tending to establish by a preponderance of the evidence that the discharge should be sustained because: 1. The conduct was serious enough to merit immtdiate discharge or the cmployee was adequately warncd of thc consequences of the misconduct; 11. The alleged violation is reasonably related to the cftkient and safe and legal operation of the City; lll. The EMPLOYER conducted a reasonable investigation; IV. Discharge is reasonably related to the seriousness of the offense. 8.6.4. The hearing panel has the power only to reinstate the employee or to sllstain the discharge. 8.6.5 The parties shall share equally the costs of the hearing pancl and any other costs of the hearing. 8.6.6. The decision of the hearing panel shall be final and binding, subject only to the provisions of the Uniform Arbitration Act. ARTICLE TX - PROBATIONARYPERlOD 9.1 Each newly hired or promoted employee shall serve a probationary period which shall extend from the date of employment throu.gh one (1) full year of employment with the EMPLOYER. Thc tmployee shall become a non-probationary employee upon the cOlmnencement of services on the first day of the second consecutive year of employment with the EMPLOYER. 9.2 A promoted employee who does not complete the probationary period will be reinstated in the position from which they were promoted. The returned A.(~':'~"....:,.,;,;..:,'::;i(..~ ~. ..--'_'. .:. :!' . '::.~ ',' . ~.: ",:1 :, ,: ,"" " :.:....~~~~ ,>\:':<-..T71~'''~;: ;:.-~~"; .;~ 12/10/97 11:07 RATWIK ROSZAK ETAL 4 6124474245 NO. 037 GJ07 utilization ofteclmology; to establish and Inodity the organizational structure; t.o plan. control the operations and services of any and all departments; to select. direct, and determine the number of personnel; to assign, reclassify. and transfer employees; to determine whether goods or services should be made or provided by employees. purchased. or contracted out for; to establish work schedules; to hire; to promote; to relieve employees consistent with the procedures set forth in this Agreement; and to establish and enforce rules and regulations consistent with the terms and conditions of employment set forth in this Agreement. 4.3 EtIective after December 31, 1997, any term or condition of employment not specitically set forth in this Agreement wil.l remain solely within the discretion of the EMPLOYER. Either during 8n open window period for bargaining or by mutual agreement, the Union may place on the table for negotiation a proposal that is a term and cond.ition of employment. Nothing in this Agreement shall be constl1Jed to affect the EMPLOYER'S management rights regarding any employee who is not a unit member under this Agreement. 4.4 Nothing in this Agreement shall prohibit or restrict the right of the EMPLOYER to subcontract work normally done by employees covered by this Agreement. The EMPLOYER shall give sixty (60) days of notice to the Union of any subcontracting that results in the loss of the duties of an employee. ARTICLE V - UNION SECURITY 5.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted a~ directed by tlle Union. 5.2 Upon receipt of written request by the Union the EMPLOYER agrees to deduct from the wages ofthose employees who are not members of the Union a tail' share fee that shall not exceed eighty-five percent (85%) of the regular monthly dlle~ and shall forward such monies to the Union. This provision shall remain operative only as long as it is specifically provided by law and is otherwise legul. In the event that a unit member disputes a fair share fee assessment, the Union shall hold the EMPLOYER harmless and indemnify it, including but n.ot limited to.. its actual attorney's fees in defending against the claim. 12/10/97 11:11 RATWIK ROSZAK ETAL .... 6124474245 NO. 037 [;114 Start of the nineteenth (19) year and thereafter - two hundred hours per year 10.2 Vacation may be used as accrued witll the prior written approval of the EMPLOY ER-designated representative. lO.3 Employees who have completed their probationary period shall be allowed to carryover from one calendar year to the next two (2) times their l:lccrucd vacation at the rate of accrual specified in 10.1. 10.4 All employee who has completed a minimum of one (1) year of continuous service and who provides the EMPLOYER with a minimum 01' two (2) weeks of advance notice prior to leaving the City's emploYlnent shall be compensl:tted for vacation accrued and not u.sed at the time of separation. 10.5 In exigent circumstances, the needs of the service may be such that an employee will be unable to utilize a vacation allowance in that year. Any unused vacation time may be carried over to the following year. ~!JjQi,~:~ !$~~!I~~~lllliJif;~~@~~].~~~iFF!!~~~~B~~~nl!!_~1~~~;t~~;;y~~\%t~~n~q~~g.~~ r~fi~~~Rm~mfill~~II~1m~~f ARTICLE XI - HOLiDAYS 11.1 The EMPLOYER shall designate thirteen (13) paid holidays of eight (X) hours at the beginning of each year. The needs of the service may require an employee to work on a day that is considered a paid holiday. If an employee works on (l designated holiday, the employee would n:ceive H "floating holiday" for thc holiday worked. This lloating holiday can be used at the employee's discretion, unless exigent circumstanct::s exist, and cannot be carried over to the following year without the approval of lhe City Manager. ARTICLE XII - LEA VB FOR DEA TH IN THE F AMlL Y The EMPLOYER authorizes each employee paid funeral leave of up to three (3) days per eve11t shou.ld any member of his/her immediate family pass away. Requests for flll"leralleave shall be in writing. Funeral leave shall not be deducted from accumulated leave. for the pllrposes ofthis Article immediate family shall mean the parents. children, brolllcr, sister, brother-in-law, sister-in-law.. and grandparcnls of the etnployet: and the employee's spouse. The EMPLOYER may grant additional requt:sted nmeralleavt:: if the City Manager deems it appropriate. 12/10/97 11:08 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 . [;l09 6.4 PROCEDURE Grievances, as defined by Section 6.1 shall. bc resolved in conformance with the 1:o11owing procedure: STEP 1 An employee c1aimin.g a violation concerning the interpretation or application of this Agreemcnt shall, within twenty-one (21) days ailer such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER-designated l'epresentati.vc will discuss and give an answer in writing to such Step 1 grievance within ten (10) days ~lfter receipt. A grievance not resolved in Step I and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the ti:lcts on which it is based.. the provision or provisions of the Agreement allegedly violated, the remed.y requested and shall be appealed to Step 2 within ten (10) days after the EMPLOYER-design.ated representatives final answer in Step 1.. AllY grievance not appealed in writing to Step 2 by the Union within tcn (10) days shuH be considered waived. Tn the case of department heads, thc appeal from Step 1 shall be directly to Stcp 3. STEP 2 Tf appealed, the written grievance shall be prescnted by the Union and discllssed with the EMPLOYER designated Step 2 representative. The EMPLOYER desi.gnatc=d representative shalJ give the Union the EMPLOYER'S Step 2 answer in writing within tcn (10) days after receipt of such grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) days following the EMPLOYER designated final Step 2 answer. Any grievance not appealed in writing to Step J hy the Union within ten (10) days shall be considen:d waived. STEP 3 A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The Union shall notify the EMPLOYER of its in.tentions to arbitrate the grievance within ten (10) days [oHowing the EMPLOYER-designated representative's final Step 2 answer. If the parties are unable to agree lm the selection of all arbilmtor, the Union shall request. a list of arbitrators to be submitted to the parties by tlle Bureau. of Mediation Services. The selection of all arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Dureau of Mediation Services. . 12/10/97 11:12 RRTWIK ROSZRK ETRL ... 6124474245 NO. 037 (;116 City's contribution toward the premium if that contribution exceeds the premium. Any additional cost of premium shall be borne by the employee and made by payroll deduction. 1995 - $380 rCI lnoftth 1996 $395 pcr If\onth 1997 - $405 per ft.<Jnd., 'T99;gij"""~'iJi~"in,..-...-:;t~(jii\/;f;~ :~..:{~~~::t~it~~;~~i\:i.~HiJ#:~~~?~~;ft~~.::(~i~~t 14.3 The EMPLOYER shall contribute a SUfi) of money not to exceed Forty Dollars ($40.00) per month toward the premium fur individual or family coverage for each full-time employce employed by the EMPLOYER who qualifies and is enrolled in the EMPLOYER'S group dt:ntal plan. Employees selecting individual coverage shall not receive a cash differential between the cost ofthe premium and the City's contribution toward. the premium if that contribution exceeds thc premium. Any additiunal cost of premium shall be borne by the employee and made by payroll dedudiol1. 14.4 The p~,rties agree that the EMPLOYER'S only obligation is to purchase a health and. dental insurance pellicy and pay such amounts as may be agreed to herein. No claim shall be made against the EMPLOYER as a result of a denial of insurance bencfits by an insurance carrier. 14.5 An employee is eligible for EMPLOYER contribution as proviut:d in this Article as long as the employee is employed by the City. Upon termination of employment, all EMPLOYER contributions shall cease. 14.6 The EMPLOYER will select and provide term life insurance in the total face amount of$40,OOO. The EMPLOYER wlll pay a sum not to cxc~ed $9.90 per monlh for the foregoing coverage. In the event the premiums are increased beyond the maximum contribution provided by the EMPLOYER, such increase shall be paid by thc employee through payroll deduction. ARTICJ,E XV - LONGEVITY PAY Longevity payments bt:.i1\g made to eligible employees prior to the ratitiL:ation of ~ Wii~I~~!~;~!!~!j~}i~i~~t~g1Q~!m~g~~!~~~~~~tiimi~!~sj\grt:emcnt ~hall be; ~#:t:~:i;rolled into the base pay of those employees who ttte ~~!~~L~overed by th~~1 Agreement, and shall thereafter nu longer be available to any employee. ARTICLE XVI - SALARIES 16.1 SALARIES: ~ ,....; ..;...~~r~' ".' ,,~~;;~.t~- 12/10/97 11:09 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 GIll ARTICLE VII - SA VTNGS CT."AUSE This Agreement is subject to law. In the event any provision of this Agreement shal.l be held to be contrary to law by a court of competent jurisdiction Irom whose tinal judgment or decree no appeal has been takt=n within the time provided, such provisions shull bc voided. All other provisions of this Agreement shall continue in full force and effect. The void.ed provision may be ren~gotiated at the written request of either party. ART1CLE VTlI - DISCIPLINE OF NON-PROBATIONARY EMPLOYEES 8.1 The EMPLOYER will discipline non-probationary employees for just cause. 8.2 When the EMPLOYER determines that immt:diatc action is required, the employt:e may be suspended with pay pending the completion of an investigation. 8.3 Notice to employees of suspensions, reprimands, demotions, and discharges wilt be in written foml. The Union shall be provided with a copy of such notices. R. 4 Employees may examine their own individual personnel files at reasonable times subject to monitoring by the EMPLOYER. 8. 5 An employee has the right to request Union representation for any disciplinary action by the EMPLOYER. 8.6 Any form of discipline short of discharge will be subject to the grievance procedure in Article VI of this Agreement. Discharges will be subject to this Section 8.6 notwithstanding any other provision of this Agreement to the contrary. 8.6.1 If the EMPLOYER delivers a written notice of discharge to all employee, tilen the employee shall have ten (10) days to file a written requ.est for a hearing. Failure to timely tile a written request for a hearing shall constitute acquiescence to the discharge. 8.6.2 The hearing shall be conducted by a three-pt:rson panel. Tht: Union shall appoint one person, the EMPLOYER shall appoint ant: person, and these two individuals shall select a third person by striking . .~. :.~. ---:r-:-:-"~' .__....~:. .._____.",.,__.n_...___ 12/10/97 11: 13 RRTWIK ROSZRK ETRL ~ 6124474245 NO. 037 Gl18 ARTICLE XVIII - INJURY ON DUTY 18.1 Pursuant to Minn. Stat. Ch. 176, an employee who is injured on the job in the service of the City, and who is eligible for and who is collecting workers compensation insurance may draw from tht: employee's accumulated sick leave and receive full salary from the EMPLOYER. The salary will be rcduced by an amount equal to the workers compensation insurance payments, and only that fraction of the hours not covered by insurance will be deducted ii-om accrued sick leave. 18.2 Any employee that claims a leave due to an injury sustained on the job is subject to an examination to be made in behalf of and paid for by the EMPLOYER by a physician designated by the EMPLOYER competent to perform the senne. The workers compensation reports and physicians statements arc in addition to the medical reports that the EMPLOYER may require under paragraph 13.3. 18.3 In thc event that p()]jce Chief Bill O'Rourke or Police Chief Richara Po'"vdl ft1" ~;9:!f.~~~ Lieutenant Steve Schmidt ttI'e ~~~ injured while in the performanl:e of duties as a licensed peace onker, they shall receive their gross salary less any workers compensation and disability insurance benelits for not more than 960 work hours without loss in accrued leave time. They must report the amount received from workers compensation to the EMPLOYER before the payment will be made. The EMPLOYER will pay thc d.ifference between the workers compensation and the disability insurance benetits and the employee's gross salary for a period of up to 960 work hours. Any such claims are subject to an examination to be made on behalf of a11d paid for by the EMPLOYER by a person competent to perfonn the same and as designated by the EMPLOYER. All other employees will be subject to the other provisions of this Article. ARTJCLE XIX - HOURS OF SER VTCE 19.1 PROFESSIONAL DUTIES: The Union and EMPLOYER recognizes and agrees that the employees are exempt professiona.ls and therefore will meet the obligations and resp()nsibilities required of their positions whenever and however necessary. 19.2 Employees will not engage in any strike while this Agreement is in elTect. The term "strike" includes any concerted action, e.g., failing to report to duty, willful absence from duties, sympa.thy strike, the stoppage of work, a slow down, or the abstinence in whole or in part fro111 the full, fahhful. Clnd prop~r perlonmmce of the duties of employment for the purpose of inducing, influencing, or coercing a change in thc conc1iti.ons or compel1sation or the rights, privileges, or obligations of employment. The 12/10/97 11: 10 RRTWIK ROSZRK ETRL ~ 6124474245 NO. 037 GJ13 employee shall displace any replacement who then will be dismissed without cause and without any rights to challenge the dismissal. 9.3. A newly hired probationary employee may be discharged by the EMPLOYER for any reason. The discharged employee shall not have aCcess to either the grievance procedure at Article VI o.r the discharge procedure in Article VIII of this Agreement. The EMPLOYER shall provide written notice of discharge and the effective date thereofto thc employee and the Union. 9.4. A probationary employee may utilize the gr.ievC"l.ncc procedure in Artide VI regarding any grievance as defined in Section 6.1 except for a discharge or a return to a prior position from which the probati~mary employee has been proDloted. ARTICLE X - VACATION] ,FA VE 10.1 Each employee shall accrue paid vacation 011 a monthly basis as per the followi11g schedule: Start until three (3) full years of service - eighty (80) hours per year Start of the fourth (4) through the n.inth (9) year - one hundred twenty (120) hours per year Start of the tenth (10) throu.gh the fourteenth (14) year - one hundred sixty (160) hours per year Start of the fifteenth (15) year - one hundred sixty-eight (168) hours per year Start of the sL'{teenth (16) year - one hun.dred seventy-six (176) hours per year Start of the seventeenth (17) year - one hundred eighty-four (184) hours per year Start ofthe eighteenth (18) year - one hundred ninety-two (l92) hours per year -:~..:~,.~:;..~ <"":.'.~ .'~ .:~..\"~:-..~'~~'~:. . 12/10/'37 11:33 RRTWIK ROSZRK ETRL ~ 6124474245 APPENDIX A - SALARIES POSITION Public Works Director Greg llkka Assistant Engineer Sue McDermott Public Works Supervisor Dou.g Hartman Planning Director Don Rye Planning Coordinator Jane Kansier Parks and Recreation Director Paul Hokeness Recreation Supervisor Drct Wee,!sml ~gl'M~!~ P~lrks Supervisor Al Friedges Building Official Car)' Stabcr .g~\~~~ Police Chief Dick Powell !!t~~~ Police Lieutenant Steve Schmidt 1998 :~~~~1~~~1~~ W!t131i'1\W!ll:I~:Q(tf:l:O: ~~~:..~..:~:!~~~~:!'~~4>'" ".~iAlQ!j,O:.~{!1;i:'llt'\: ~~~~~~~~~j~~~j~~' ~$~lj~o.~:i~OJ}' ',:" ~ '!: ':'''.I~:,,~~I'' . .'~:. :.~'::......," .J:;" !\'Ji~~1i6.5.f.J!;~~O' ~;;~~~i:;;r~;.':":~:!~:,,~~. \I~~~ ..~>.,' i;;$;~~~1~9~~~~~ "...~'A1'''''''','J..p.'iJ'''''r.t :~~'t;~~~~~~r~~~ ,:~5!i~~~~J!~;~ ~i~~~~~;~~i~q~ $06~P~(lU;f"l;o .::::~;:~;,;:~~~~irJ,:., ", ::,: ~:\", ~""'l;';"l',""O;J)A. ~~~~W~~~~T~~~~?~Y1: NO. 038 [;102 12/10/97 11:11 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 ~15 ARTICLE XIII - SICK LEAVE AND SEVERANCE PAY 13.1 Each employee shall earn-eight (8) hours of paid sick leavt: for each month of service. 13.2 Each employee shall be allowed to accrue paid sick leave up to a maximum of 960 hours. Employees who have accumulated at least 480 hours of sick leave will have the option to receive one-half of such sick leave hours in excess of 480 hours at the current rate of pay. This option once exercised by an employee, shall continue until termiMttion of employment. 13.3 The EMPLOYER may require reasonable accountability of sick leave usage. 13.4 The EMPLOYER agrees to pay upon honorable termination of allY employee after five (5) years of service o1le-half (1/2) of the employee's accumulatt:d unused sick leave at the employee's current base pl:l.Y rate. 13.5 Employee shall document all sick leave on a leave form provided by the EMPLOYER. ARTICLE XlV - INSURANCE 14.1 The selection of the insurance carrier and the policy shall. be made by the EMPLOYER as provided by law. 'f.!ty,~i~!fW. ~!~~&1~~~~~,~~~~!~~\tI!!~~~~~fX~~t~j~!!it~8,~~i!@f)ji!p:ff,'~A.~ ~~~~~t\i\1~i::=={;~! ~.~i~!II~~~!~;~lm~~~~~~:~tt~!f~:!~~1i~!i~~;~X.;f!Mt;qm~~!~.~.$.~!!ii:*.~i!~~~ttj~t.!):e n..~iji;.''iiP.'''''<f'''<1.'q;!;i";l;i'C.J':o.:!ii.ilf,,,''':f1i:ili.,,..',...tiill!i.ii'.iil'';,,(:,. "",,:'il'i'I;.;i,~,:'''''IJ'i.'l5.t' 's' "''''~~1;s~~J:' : . ..... ..If.....a.. ~', :~~~~~fg~~~m~i~~~gJ~:~Jt:f:i~~~;~n;~;~~~~.~~~~~g~t~fi~~~{~.~:Y:~\::;~ij:~~~~..:~;~Jf~y " . :;:',./ ..,:( : . ....'l'\'....iWi'.-:~:::l....~~:l'lL....."w...01;;;;r{."t.J;I;I!i-.........~....~~*:t....... .,......... ........, "t~""'1:<'" ..tl.::.... Dolt.. r:!?~~t;i~'Ij~If~~'f1t~'!t,~*1i!;~*ir,~i!.1~~'S:~~B~~p.;~ft~~,;~;~;1,~i;:~$is~p,~~r;p~:i;.~i~!:~~. 'y :h';'K.l\''''',....'ifi~''''..iI''','IiI.,ft'.~lO!.'.....'".'''';aW~..........~rilt!i...'i!4;..~....'>i,...:1.;;.......,~oj;~:w:'.'IJ,t.~;"".'m..... .. iJ' ." "11" b" ~~~~~~~J:,t:;1t!~1~~'!"#!!i,~~i~~~,~t.~~~~~~~~~ry;Ji~:\?;i!HyJ!!,~~~~;!~}!,~:>~;6P~Il(,\..,.j~M"1 : ..';~ ,.:~ 1:;:H:...;:.'I,..._'ilii"'J!l!......0iI'I:I..')1.Il~ifl:.~..t~.'iI~'.'"i.;..t:;...:;.l1....''i6~>i:~""'1:ili'H:!"l' ......f....."'.i.l:-'n..~l' . . '.. . ~~l;~~~Ii~~~~fft~,;I!~~l;~~J.~jL:~~~~tr~~.:~t!fiB:~iE~rtJ!~i~,:;~}f;if:Jf.j!t~JF!i.~~!:~~<~:::j~:~g~l.P ......'~lif;-..'J1iitI!H~I~tf....~! ~.~".:i;;:~!1\,":".."',{OI!iMi""",,"'~.,' 14.2 The EMPLOYER shall conu'ibute a S~lm of money per month specified in the chart below for each calendar year specified, all toward the premium for individllal or family covt:l'age for each full-time enlployee who qualifies for and is enrolled in the EMPLOYER'S group health and hospitalization plan. Employees selecting individual coverage shall not receive a cash differe11tial between tile cost of the premium and the j.-.~....,_.., -. .--....__.~_... , ....\j. 12/1 El/97 11: 15 RATWIK ROSZAK ETAL ~ 6124474245 NO. 037 GJ22 APPENDIX C INSURANCe CO~llTTEE 1"~l:lfan~~ Cotn:m ittcc Th~ parti~3 prop{1sc adding to th~ t;ol1~clivo bmgaining agrccme1tt II nc:v pf\rft~llph in 'Lho .I\rtiolc r~garding i113'tilatlCe langua.ge which ereatc3 ft1.'l inSllfttneC t;Olll1tll.ttcC wIth rt;pr'~entatiT(ti~ 11'orn l:I.ll of the erganil:cc bargaining unit.s and frO~l ~?11 eJ.1 gamzccl and l1'l.anllgem~nt cmployce3. This e;tHl'J:mi~t;o wotlld ftft"v'C tho reSl'fmg~1:HlJt! to lUake rceommcndfttion3 tc} the City Cotlneil regftrding both tne nature at the lIl:iuranec e;otcrage:: and cost dlitJienl:)'. Ira rcc{1lmncnell1tion fmm this tOlmniitoc :"..c:c to be acc~pted. by the Counoil, then tnti changes fr))proved. by the Council would. be; bm.d.1.n.g on all of the individuah cnrolled in tbe City's grot'll' in:mrftllcc phm~. J; .~~':.'~:"~' \.: .. 12/10/97 11: 12 RRTWIK ROSZRK ETRL ~ 6124474245 NO. 037 (;117 . The individual salaries for the persons presently occupying the positions within the unit are set forth in Appendix A for the periods of time shown. 16. L 1 In the event th<lt a current unit position becomes vacant fur any reaSon, and the EMPLOYER chooses to till the vacancy with a new employee, thcn the EMPLOYER reservl;:S the right to negotiate the initial salary with the candidate that it selects. 16.2 PERFORMANCE PAY rOR DEPART~1ENT HEADS ONL Y: ~~~i~IJ~iJ!ii~i~l!!~~!~i~i~~~t: Department heads may be eligible for perfonnance pay in accordance with the provisions of Appendix B attached and incorporated herein by reference. ARTICLE XVTT - VEHICLE ALLOWANCE AND MILEAGE REIMBURSEMENT 17.1 Employccs who receive a vehicle allowance will receive mileage reimbursement for work related miles traveled outside the sc::ven county metropolitan area at the per mile rate us established by the EMPLOYER based on the current Internal Revenue Service mileage allowance. '17.2 Employees who are clUthorized to use his/her personal vehicle in the performance of official city business shall be compensated at the per mile rate as established by the EMPLOYER based on tht: current Internal Revenue Scrvice mileage allowunce. 17.3 PurSuullt to Minn. Stat. ~ 471.665, Subd. 3, itllieu ufthe mileage alluwance provided in Sections 17.1 and] 7.2 of this Agreement) the EMPLOYER may pay an employee as compensation or reimbursement for the use by the employee of a personal automobile in a performance of ofl:icial duties a monthly or pcriodic allowance. Appendix D shows those employees who will be receiving a mileage allowance, a. monthly allowancc, or thl;: use of a City vehicle as of ratification of the initial contract. The parties agree that the EMPLOYER and individual empluyees mutually may agrt=e to modify the automobile allowance in accordance with law. 17.4 The EMPLOYER wmconduct an automobile use study to determine if and \:0 whom an automobile allowance will be granted after January 1, J 99&9. M"'_."_ .0_0'- -. '-' . ,', .... '. . ,..... .," ':' :. . 1C:/1U/'::I'( 11:15 RRTWIK ROSZRK ETRL ~ 5124474245 NO. 037 [;124 ~1C1fORANDU~1 OF UNDERSTANDING The LJfiplo) ~r and. Union agl eO tha1: netwit.h.3tan.d.il1g fU'I} a.theY provi~ien' in the Colleeti v c Bargllil1ing ,'\grccment to the contrary, 'both the pre,b8.ti.O~firy f't:r1t1a a.nd the vac:.lrtion pnn'isions of fl:flY letter of il1iti~1 enlploy~nt gi v ~n. to a UnIt me-I "bet lured odofe; the date oflatification ofthe initial collective barga1.f'ung agr{)elTlcnt shall 5'upcr3cde the l'rovisiol'l5 of the eolleeti'~'e 'bMguining agreel1if.J.flt rcglii"tiing the probationary period or vacation JH\.I"igion~. Any t:luployee hired after the date of ratilieation will be hired in ueceraanue v,itk ~my applicable proYi~{ion3 of t:lK; eollceti-,,'c bargain.ing a~eCl"ftVnt. An) employee vy'ho h~ aef:rued. vacation in Gxcesc; of t.bnt pcrn:itted \.~fl.dcr Seetion lOJ of the collective bargaining 6.!.reenlent mugt use the e;xec~3 Vflf)lt1.1~1'l bdor.e thE d03e of business 6n DeCGlnber J J, 1997. :CvGry employee mu~t be In c:onlplHu~ce :~/lth the . provic;iofi3 f)f Article 10 (In or bdbro JttllUM'Y 1, 1998; aeGtlmulatcd vucatlOn 111 exec~8 of that ):Hml1iMed urukr Article 10 will 'be fmfdted M ()f J al\ua:ry I, 1998. RRM: 31729 GMW ~ "' 1'1 ;......_ .:~::::~~r~ .~:.~...:.......'... ~. "'T."~..I' . ..: :'~.', .. . 1.,,> l11/':fi 11: 13 RRTWIK ROSZRK ETRL ~ 6124474245 NO. 037 UJ19 EMPLOYER may, at its election, enforce this Article through the courts or the grievance procedure. 19.3 Working out of Classification. An employee assigned by the City Manager to an interim position calling for the performance of duties of that employee's supervisor for a period of time equal to or greater than (me-quarter of a year shall be paid at a sal(lry for that period of time wh.ich is equal to the minimum salary of the position being filled. ARTICLE XX -DURATION 20.1 This Agreement shall be effective from q;~{i.~W;!j<I;!;!;:!~;~~{~j!~P:~~:~~:~~}.~~r;i?;:~~: !;;~~i~:~ the dak of 3igning and 3hall remain in Nil rorc,c ttlH.t ctIcet until Decem.ber J "\ , 1997. 0111) the salaries sho\vn in SccHo1l16.1 wiU be rctrotl.ctivc to JatlUMY 1,1995 'tOI those e11'iployec~ wfta WCle employed. by the City ftt thZtt tilflC and. have ren..aincd c<mtinuous1)' employcd wltil the date ofratiticfl:tion. The samc holds true fo.f' t1",C City'~ i1'l3tlfaft~C cOlltriblltiO.t1..~ in Scotian 1 ~.2. 20.2 Effective after December 31, 1997, the terms and conditions set forth in this ~;~~~~~ Agreement shall constitute the complete agreement between the parties. No past practices, administrative interpretations or any other actions or communications on behalf of either party shall be deemed to be part of this .~fffl~~ Agreement. Grievances may be filed only to resolve the dispute or disagreement involving a provision within this :~t;Jrt~li\ master contract, and shall not include any past practice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 199_. ~I. .' ~T-- ~--_.