HomeMy WebLinkAbout05(H) - Resolution Ratifying the 2025 Collective Bargaining Agreement Between the City of Prior Lake and American Federation of State, County and Municipal Employees (AFSCME), Council #5, Local 3884 Report
LABOR AGREEMENT
BETWEEN
CITY OF PRIOR LAKE, MINNESOTA
and
COUNCIL #5, LOCAL 3884
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
(AFL-CIO)
January 1, 2025 – December 31, 2025
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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Table of Contents
Article 1: Preamble………………………………………………………………………………3
Article 2: Recognition……………………………………………………………………………3
Article 3: Definitions……………………………………………………………………………..3
Article 4: Union Security……………………………………………………………….………..4
Article 5: Employer Authority……………………………………………………….…………..5
Article 6: Seniority……………………………………………………………………………….5
Article 7: Job Posting……………………………………………………………………………6
Article 8: Grievance Procedure…………………………………………………………………7
Article 9: Discipline………………………………………………………………………………9
Article 10: Probationary Periods…………………………………………………………….….9
Article 11: Work Schedules………………………………………………………………….….9
Article 12: Work Rules…………………………………………………………………………10
Article 13: Working Out of Class…………………………………………………….………..10
Article 14: Overtime……………………………………………………………..…………..…10
Article 15: Call Back Pay………………………………………………………….……….…..11
Article 16: On-Call Duty………………………………………………………………….….…11
Article 17: Holidays………………………………………………………………..…….……..12
Article 18: Vacation (Full-Time Employees)…………………………………………………13
Article 19: Earned Sick & Safe Time (ESST).………………………………………………14
Article 20: Paid Time Off (Part-Time Employees)…………………………….……….……14
Article 21: Emergency Leave……………………………………………………….…….…..15
Article 22: Military Leave…………………………………………………………….……..….15
Article 23: Leaves of Absence……………………………………………………….….….…15
Article 24: Absence Without Leave……………………………………………….…….……16
Article 25: Severance Pay………………………………………………………….…………16
Article 26: Uniform Allowance……………………………………………………….………..16
Article 27: Automobile Allowance………………………………………………….…………16
Article 28: License Requirements…………………………………………………..………..17
Article 29: Service Training………………………………………………………….….…….17
Article 30: Tuition Reimbursement…………………………………………………..……….17
Article 31: Insurance………………………………………………………………….…….….18
Article 32: Right of Subcontract………………………………………….…….………….….19
Article 33: Savings Clause………………………………………………….……………..…..19
Article 34: Rate of Pay…………………………………………………….…………….….…19
Article 35: Public Works Incentive……………………………………………………………20
Article 36: Duration………………………………………………………….………………...20
Signatures…………………………………………………………………………………..….21
AFSCME Pay Ranges…………………………………………………….……..…Appendix A
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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ARTICLE 1: PREAMBLE
This agreement entered into by the City of Prior Lake, hereinafter referred to as the EMPLOYER,
and Local 3884 affiliated with Council 5, 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: RECOGNITION
2.1 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 145, 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 the agreement,
whether individually or collectively, which in any way conflict with the terms and conditions
of the agreement except through the certified representative.
ARTICLE 3: DEFINITIONS
3.1 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 allowance.
B) City Employment Anniversary Date: The date when the employee began performing
services for the City of Prior Lake as a regular part-time or regular full-time employee.
The base date for calculation of applicable benefits such as vacation leave, ESST
leave, insurances, and of “employer seniority” and, in many instances, “classification
seniority”, and, where applicable, of probation.
C) Days: Unless otherwise indicated, means working days exclusive of holidays.
D) 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.
E) Department: A division of the City of Prior Lake government.
F) Emergency: A situation or occurrence of a serious nature developing suddenly and
unexpectedly and demanding immediate action as determined by the EMPLOYER.
G) Employee: A member of the exclusively recognized bargaining unit as defined in this
Agreement.
H) Employee Representative: For the purposes of this Article the Employee
Representative is AFSCME Council 5.
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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I) EMPLOYER: The City of Prior Lake and its designated representatives.
J) Exempt Position: A salaried position exempt from the provisions of the federal Fair
Labor Standards Act.
K) 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.
L) 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.
M) Leave of Absence: An approved absence from work duty during a scheduled work
period with or without compensation.
N) Overtime: Work performed, at the express authorization of the EMPLOYER in excess
of forty (40) hours per week.
O) 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.
P) Position Anniversary Date/Performance Review Date: The date when the employee
began performing services for the City in the current position. The base date from
which “department seniority” and, in some instances, “classification seniority”, and,
where applicable, the probation period are calculated. This date will also be used as
the Performance Review Date.
Q) Probationary Employee: an employee placed in a new position through hiring, or
transfer who has not completed six (6) months of employment in that position.
R) 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.
S) Pyramiding: The payment of more than one form of premium compensation for the
same hours worked.
T) 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.
U) Satisfactory Evaluation: A rating of three (3) or higher on the Performance Evaluation
form. A “three (3)” is defined as a fully qualified performer.
V) Seniority: Length of service established by Article 6.
W) Temporary / Seasonal Employee: For the purposes of this contract, an employee who
works less than 140 working days in a January 1 through December 31 calendar year
and is designated by the EMPLOYER as seasonal or temporary.
X) Union: The American Federation of State, County and Municipal Employees
(AFSCME), Council 5, AFL-CIO.
Y) Union Member: A member of AFSCME, Council 5, Local 3884.
Z) Union Officer/Steward: An officer elected or appointed by AFSCME, Council 5, Local
3884, AFL-CIO.
ARTICLE 4: UNION SECURITY
4.1 The EMPLOYER agrees to deduct from the wages of employees, who individually
authorize such deduction in writing, dues and collective bargaining fees established by
the Union, and any amount of “fair share” contribution as may be authorized by law. 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.
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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4.2 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.
4.3 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.
4.4 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.
4.5 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
personnel, 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 5, Local 3884, AFSCME AFL-CIO
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B) For the purposes of layoff, the following classifications shall be considered one:
• Park Maintenance and Streets/Utilities Maintenance
C) 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
the EMPLOYER, she/he shall automatically have terminated their 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 writt en notice of
recall from an indefinite layoff to affected 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 affected 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: JOB POSTING
7.1 The EMPLOYER reserves the right 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 creat ed position
so that the 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 for 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 5, Local 3884, AFSCME AFL-CIO
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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 of 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 head 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 head’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 their designee shall
give the Union the EMPLOYER’s answer in writing within ten (10) calendar
days after 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 their 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 of a dispute to arbitration, the Union may request that the
dispute be mediated through the services of the 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 the mediation.
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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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 Grievance” 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 regulations having the
force and effect of law. The arbitrator’s decision shall be submitted in writing thirty (30)
days following the close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall be binding on both
the EMPLOYER and the Union and shall be based solely on the arbitrator’s interpretation
or application of the express terms of this agreement and to the facts of the grievance
presented.
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, the Union may elect to treat the grievance
as denied at that step and immediately appeal the grievance to the next step. The time
limit of each step may be extended by mutual agreement of the EMPLOYER and the
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,
the grievance is not the subject of the arbitration procedure as provided in Step 4. The
aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4, or
any other appeal procedure, and shall make a statement to the effect that the choice of
any other hearing precludes the aggrieved employee from making a subsequent appeal
through Step 4.
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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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: (1) Oral reprimand, (2) Written reprimand, (3)
Suspension, (4) Demotion, (5) 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, demotions or discharges with the approval of the
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 one (1) year probationary period subject
to a satisfactory or better performance evaluation from the Employee’s supervisor. 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 and employee shall have no recourse to the grievance procedure regarding
discipline or termination. A probationary employee, however, shall have the right to bring
a grievance alleging a violation of any other provision of the contract.
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 their former position upon giving notice to the EMPLOYER. An Employee may be
required to return to their former department and rate of pay at the sole direction of the
EMPLOYER during the probationary period.
ARTICLE 11: WORK SCHEDULES
11.1 The provisions of this Article shall apply to non-exempt employees under the Fair Labor
Standards Act.
11.2 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.
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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11.3 The normal work year shall be 2,080 hours per year.
11.4 Work Shift: Work shifts, flex time arrangements, staffing schedules and the assignment of
Employees thereto shall be established by the EMPLOYER.
11.5 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.
11.6 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.
11.7 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 eight (8) hour shift.
With the approval of the EMPLOYER, an employee may use both fifteen (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
12.1 The EMPLOYER shall have the right to establish work rules that are not in conflict with
this agreement.
ARTICLE 13: WORKING OUT OF CLASS
13.1 An employee who is specifically assigned to perform work which is at a higher
classification shall receive their 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 than the employee’s position.
ARTICLE 14: OVERTIME
14.1 Definition: All hours worked by non-exempt employees in excess of forty (40) per week
shall be considered overtime. A week is defined as Sunday through Saturday.
14.2 Overtime Rate: All employees shall be compensated for all overtime hours worked at the
rate of time and one-half (1.5) the employee’s base pay rate. Employees may elect to
receive overtime as compensatory time off to be utilized within the same calendar year
during which overtime has accrued. Use of compensatory time shall be subject to the prior
approval of the EMPLOYER. Maximum compensatory time accumulated at any one time
shall not exceed sixty-four (64) hours. Any unused compensatory time will be paid out in
the last paycheck for December.
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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.
14.5 Public Works scheduled rounds on Saturday and Sunday shall be paid a minimum of one
(1) hour sewer and one (1) hour water and shall follow Articles 16.4 and 17.6 for Holiday
pay.
14.6 If a non-exempt, full-time or permanent part-time public works employee is called in to
perform snow removal services, the employee shall be entitled to a shift differential of one
and one-half times (1.5 ) the employee’s regular rate of pay for hours worked outside of
the employee’s normal work hours. (Example: If an employee’s normal work hours are
7:00AM to 3:00PM and the employee is called in to work from 2:00AM to 10:00AM, the
employee receives the shift differential between 2:00AM and 7:00AM, and the normal rate
of pay between 7:00AM to 10:00AM.) Nothing in this provision changes the application of
the overtime rate to hours worked after eight (8) hours.
ARTICLE 15: CALL BACK PAY
15.1 An Employee called to work at a time other than the Employee’s regularly scheduled shift
will be compensated at a minimum of two (2) hours pay at one and one-half (1.5) the
Employee’s current base pay. Between 9:00PM and 7:00AM, an Employee called to work
will be compensated at a minimum of three (3) hours pay at one and one -half (1.5) time
the Employee’s current base pay. Extensions, changes in shifts, or call to report to work
early shall not qualify for call back pay.
ARTICLE 16: ON-CALL DUTY
16.1 Employees directed by the Employer to be on-call Monday through Friday will be
compensated for a minimum of one and one-half (1.5) hours for each day on which they
are on-call, of which employees may elect one (1) hour per day be accrued as
compensatory time off. Employees directed by the Employer to be on call Saturday,
Sunday or Holidays (excepting Thanksgiving Day, Christmas Day and New Year’s Day)
will be compensated for a minimum of two and one-half (2.5) hours for each day on which
they are on-call, of which employees may elect two (2) hours per day be accrued as
compensatory time off. All compensation under this Article 16.1 will be paid at one and
one-half (1.5) of the Employee’s normal rate of pay.
16.2 Employees who receive business phone calls while on call shall be compensated for hours
worked to the nearest 15-minute increment at one and one-half (1.5) times their base rate
of pay.
16.3 In addition to on call pay, Employees scheduled to work on the days they are directed to
be on call shall be paid at one and one-half (1.5) of the Employee’s normal rate of pay.
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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16.4 Call outs while on call will be paid for a two (2) hour minimum at the rate of one and one -
half (1.5) of the Employee’s normal rate of pay.
16.5 An Employee assigned to be on call or who is called in to work on Thanksgiving Day,
Christmas Day and New Year’s Day (actual day rather than City-recognized holiday), shall
be compensated at two times (2x) the Employee’s normal rate of pay for the two (2) hours
on call minimum hours and the hours worked, plus holiday compensation at their base
rate of pay (up to eight hours), but in no case shall the total compensation amount to more
than three times (3x) the employee’s base rate of pay.
16.6 Holiday Snowplow Pay: Employees will be paid at an additional rate of $2.00/hr when
called to perform snow clearing duties on Thanksgiving Day, Christmas Day, and/or New
Year’s Day which is in addition to the compensation at two times (2x) the Employee’s base
rate of pay, plus holiday compensation at their base rate of pay (up to 8 hours).
16.7 For the purposes of Article 16, Holidays will refer to the actual day of the Holiday, not the
city recognized day of the Holiday.
ARTICLE 17: HOLIDAYS
17.1 The EMPLOYER shall recognize twelve (12) paid, eight (8) hour holidays as specified
below:
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veteran’s Day November 11th
Thanksgiving Day 4th Thursday in November
Friday following Thanksgiving Friday following Thanksgiving
Christmas Eve Day December 24th
Christmas Day December 25th
Two (2) Floating Holidays
17.2 Floating Holidays: All regular full-time employees shall be eligible for two (2) floating
holidays as of January 1, 2015. Scheduling of an Employee’s floating holiday shall be by
mutual agreement between the Employee and their supervisor. A floating holiday cannot
be carried over from one year to the next.
17.3 A full-time employee shall be eligible for holiday pay provided that they are on paid status
on the scheduled workday immediately prior to the holiday and the scheduled workday
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.
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An employee, regardless of their work schedule, shall receive the same number of
holidays as an employee whose normal work week is Monday through Friday.
17.5 Non-exempt full-time employees assigned and required and/or called in by the
EMPLOYER to work on a holiday as designated in this Article, excepting Independence
Day, Thanksgiving Day, Christmas Day, and New Year’s Day (actual day rather than the
City recognized holiday), shall receive overtime compensation at one and one-half (1.5)
times their base rate of pay for 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
than two and one-half (2.5) times the employees base rate of pay.
17.6 Non-exempt full-time employees assigned and required and/or called in by the
Employer to work on Independence Day, Thanksgiving Day, Christmas Day, and
New Year's Day (actual day rather than the City recognized holiday), shall receive
overtime compensation at two times (2x) their base rate of pay for hours worked,
plus holiday compensation at their base rate of pay (up to eight hours), but in no
case shall the total compensation amount to more than three times (3x) the
employee’s base rate of pay.
ARTICLE 18: VACATION (FULL-TIME EMPLOYEES)
18.1 Full-time employees shall accrue vacation leave on a pro-rata monthly basis on the
following annual schedule:
Full-Time Employees
Years of Service Hours Accrued
per Year
Start until 3 full years 80
Start of the 4th through the 9th year 120
Start of the 10th through the 14th year 160
Start of the 15th year 168
Start of the 16th year 176
Start of the 17th year 184
Start of the 18th year 192
Start of the 19th year and thereafter 200
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: Full-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) weeks. Accruals exceeding the maximum balance shall be considered lost
on December 31st of each year.
18.4 At the discretion of the EMPLOYER, employees who are hired on or after January 1,
2021, may accrue vacation leave under the annual schedule commensurate with the
employee’s previous years of service in a directly equivalent position, not to exceed 120
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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vacation hours upon hire and until the employee is eligible for an increase in vacation
hours under the annual schedule. In this Article, “directly equivalent position” shall mean
a position with the same or virtually the same duties and responsibilities, as determined
by Employer.
ARTICLE 19: EARNED SICK & SAFE TIME (FULL-TIME EMPLOYEES)
19.1 All full-time employees, including probationary employees, shall earn and use Earned Sick
and Safe Time (ESST) in compliance with Minnesota “Earned Safe and Sick Time” (ESST)
laws, effective on January 1, 2024, as outlined in the City’s Personnel Policy.
19.2 Full-time Employees shall earn ESST at a rate of one eight (8) hour day per month.
19.3 Full-time Employees may accumulate the unused portion of ESST to a maximum of 720
hours.
19.4 Once a year, full-time Employees who have accumulated at least 720 hours of ESST may
receive payment through a payroll check for their ESST hours in excess of 720 hours at
fifty-percent (50%) their current rate of pay.
ARTICLE 20: PAID TIME OFF (PART-TIME EMPLOYEES)
20.1 Purpose: Paid Time Off (PTO) replaces individual ESST and vacation leave plans and
combines them into a single benefit program. PTO does not replace City observed
holidays or any other paid leave established and required by state or federal law.
20.2 Eligibility: Part-time employees who are regularly scheduled to work 20 hours or more per
week are eligible for paid time off (PTO).
20.3 Accrual: Paid Time Off benefits shall accrue per pay period based upon hours worked at
the rate of 104 hours per year based upon a 40-hour work week.
20.4 Use. PTO can be used for any reason subject to existing request and approval procedures
for leave time. Use of PTO will be consistent with the administration of paid ESST and
vacation time as set forth in state statute and the City’s Personnel Policy
20.5 Accumulating PTO Time. Regular part-time employees may carry over accrued PTO leave
balances equal to two times (2x) their annual accrual. Accruals exceeding the maximum
balance shall be considered lost on December 31st of each year.
20.6 Floating Holiday. Beginning January 1, 2021, part-time employees employed with the city
five years or more are eligible to receive one floating holiday equivalent to the number of
hours in the Employee’s regular shift.
20.7 Severance Pay. Regular part-time employees with five (5) or more years of service and
who terminate employment in good standing as defined in Section 65 of the Personnel
Policy, shall receive severance pay at the rate of 75% of their accrued PTO as
compensation (applicable taxes will be withheld). Any deferred ESST balance, as defined
above, shall be paid in accordance with Section 25.1.
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ARTICLE 21: EMERGENCY LEAVE & FUNERAL LEAVE
21.1 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 ESST, floating holiday, vacation leave, or without pay, in that order.
21.2 The EMPLOYER authorizes each Employee funeral leave of three (3) days, should any
member of their immediate family pass away, and an additional two (2) days if the family
member is the Employee’s spouse, child (including stepchild), or parent (including
stepparent). Such funeral leave shall not be deducted from accumulated sick leave. For
the purpose of this Article immediate family shall mean the Employee’s spouse, parents
(including stepparents), parents of spouse, children (including stepchildren), brothers,
sisters, grandparents, grandchildren, aunts, uncles, nieces, nephews, and grandchildren
of the Employee or of the Employee's spouse. The EMPLOYER may grant additional time
off if the City Manager deems it necessary.
21.3 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 22: MILITARY LEAVE
22.1 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
their 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 23: LEAVES OF ABSENCE
23.1 Employees shall be eligible for leaves of absence after one year’s service with the
EMPLOYER.
23.2 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.
23.3 A request for a leave shall be answered within ten (10) workdays.
23.4 Employees will be granted a paid leave of absence to undergo a medical procedure to
donate bone marrow in accordance with applicable state law.
23.5 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.
23.6 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.
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23.7 Failure on the part of the employee to request an extension prior to expiration of a leave
of absence without compensation, or to notify the EMPLOYER within three (3) calendar
days after the expiration of such granted leave, shall be considered a resignation from City
service.
ARTICLE 24: ABSENCE WITHOUT LEAVE
24.1 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 shall be subject to disciplinary action and any employee absent
without leave for three (3) consecutive days shall be deemed to have resigned their
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 25: SEVERANCE PAY
25.1 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
percent (50%) of the accrued but unused ESST. The severance pay shall be paid at the
rate of the Employee’s base rate of pay as of the date of termination.
25.2 An Employee who retires or otherwise terminates employment will receive one hundred
percent (100%) of the Employee’s accrued but unused vacation leave. The EMPLOYER
agrees to pay upon separation one hundred percent (100%) of all accrued but unused
vacation hours into the Employee’s Retirement Health Savings (RHS) plan at the
Employee’s current salary.
25.3 In the event of the death of an active employee, the estate of said employee shall be paid
one hundred percent (100%) of the employee’s accrued but unused ESST and vacation
leave.
ARTICLE 26: UNIFORM ALLOWANCE
26.1 The EMPLOYER agrees to provide a uniform to those employees who are required by the
EMPLOYER to wear a uniform.
26.2 Employees required by the EMPLOYER to wear safety-toe boots shall be eligible for a
reimbursement from the EMPLOYER up to $275.00/year. The safety-toe boots must be
of a quality acceptable to the City. The Employee must provide receipt(s) for the
expenditure(s) to receive reimbursement.
ARTICLE 27: AUTOMOBILE ALLOWANCE
27.1 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 IRS.
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ARTICLE 28: LICENSE REQUIREMENTS
28.1 The City agrees to reimburse employees for the following required Licenses and renewal
of same:
Water Operators License Sewage Treatment
System Certificate
Sewer Operations License
Building Inspectors License,
Class I, II
Master’s Plumbers
License
Journeyman Plumber’s
License
Professional Engineers
Registration
Limited Accessibility
Specialist
I.C.B.O. Building Inspector
International Code Council
Zoning and Property Maintenance
Certification
University of MN Erosion
and Storm Water
Management Certification
MN Dept. of Transportation
Technical Certification
28.2 Employees shall not use licenses paid by the EMPLOYER for personal or private
employment or gain.
ARTICLE 29: SERVICE TRAINING
29.1 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 30: TUITION REIMBURSEMENT
30.1 Full-time Employees who have completed their probationary period who wish to pursue
higher education in a job-related field may be eligible, at the sole discretion of the City
Manager, to receive fifty percent (50%) reimbursement for tuition and books when the
course is completed. To receive reimbursement, the following must occur:
• Proof must be provided of the job-related nature of the education course.
• Courses must be approved and budgeted for in advance by the Employee’s
supervisor and the City Manager.
• A grade of “C” or better must be attained (a copy of the transcript must be provided).
• A reimbursement form must be completed and submitted to the supervisor upon
completion of the course.
This provision shall not apply to coursework higher than a master’s degree. Professional
or technical certifications or re-certifications that are required by the City as a condition of
employment shall be at the City’s sole expense.
30.2 If an Employee voluntarily resigns their position within one year after the completion of
said course(s), they shall reimburse the EMPLOYER for all costs paid under the terms of
this Article.
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30.3 It is agreed and understood that any Employee who is authorized to receive Veteran’s
benefits for such schooling will exhaust such Veteran’s benefits prior to applying to the
EMPLOYER for the payment of such tuition and books.
ARTICLE 31: INSURANCE
31.1 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 the following amounts per month for single and dependent coverage
in 2025:
Option One: Passport 3300
Plan Option One City
Contribution
Employee
Monthly Cost
Individual ($804.91) $794.91 $10.00
Single +1 ($1,591.59) $1,220.47 $371.12
Family ($2,210.16) $1,486.00 $724.16
OR
Option Two: Park Nicollet/HealthPartners or M Health Fairview/North Memorial
Health
Plan Option Two City
Contribution
Employee
Monthly Cost
Individual ($684.18) $674.18 $10.00
Single +1 ($1,352.85) $1,092.60 $260.25
Family ($1,878.64) $1,351.01 $527.63
The City contribution for single healthcare coverage shall include a payment of $160.00
per month to the employee.
In the event health insurance premiums for 2023 or 2024 increase beyond the City
contribution above, the cost of such increases will be divided equally between the
employee and employer for single +1 and family plans; if the increase from one year to
the next is greater than 15%, either the union or employer can, upon written request,
reopen negotiations as to the allocation of that increase between the City’s contribution
and Employee’s cost.
31.2 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-five $45.00 dollars per month for single and dependent coverage.
31.3 Retirement Health Savings Plan: Retirement Health Savings Plan is a health benefit
savings vehicle that allows employees to accumulate assets to pay for medical expenses
(e.g. health insurance, co-pays, prescription expenses, etc.) on a tax-free basis. The terms
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of the plan are governed by the Internal Revenue Code. To be eligible to participate in the
plan, union members must (1) complete 12 months of full-time service to the City, and (2)
make mandatory employee contributions in the amount of $17.50 per pay period. The
employer will contribute $12.50 per pay period per participating Employee. Once an
employee elects to participate in Retirement Health Savings, they will not be able to
discontinue participation.
31.4 The Employer will provide and pay for a life insurance policy in the amount of $50,000 for
all Employees in the bargaining unit.
ARTICLE 32: RIGHT OF SUBCONTRACT
32.1 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
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 to minimize adverse impact on the unit.
ARTICLE 33: SAVINGS CLAUSE
33.1 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 re-negotiated at the written request of either party.
ARTICLE 34: RATE OF PAY
34.1 Rates of Pay shall be established according to the ranges set forth in Appendix A.
34.2 Rates of Pay shall increase annually at the following rates:
2025 – 4% (retroactive adjustment to 1/1/2025)
EMPLOYER will conduct a compensation study in 2025. Upon completion of the wage
study, wages will be adjusted to bring the group to 100% of the 2025 mean/average of
the compensation study group retroactive to 1/1/2025.
34.3 For employees hired on or after January 1, 2021, Employer may, in its sole discretion and
consistent with the Rates of Pay in Appendix A, provide a rate of pay to new hires
commensurate with the new hire’s years of experience in a directly equivalent position,
not to exceed Step 4 upon hire. In this Article, “directly equivalent position” shall mean a
position with the same or virtually the same duties and responsibilities, as determined by
Employer.
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ARTICLE 35: PUBLIC WORKS INCENTIVE
35.1 Employees in the Public Works Department who receive their APWA Public Works
Certification on or after January 1, 2021 shall receive a one-time payment of $500.00.
Proof of certification required before payment.
ARTICLE 36: DURATION
36.1 Effect of Agreement: Any and all prior agreements, resolutions, practices, policies, rules
and regulations regarding terms and conditions of employment, to the extent inconsistent
with the provisions of this Agreement, are hereby superseded.
36.2 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 1, 2025, 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 than thirty days prior to the expiration
date.
36.3 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.
36.4 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.
36.5 Effective dates/opening: This Agreement shall be effective from January 1, 2025 through
December 31, 2025 and shall continue until such time as a new contract between the
parties is executed.
Labor Agreement between the City of Prior Lake and Council 5, Local 3884, AFSCME AFL-CIO
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SIGNATURES:
CITY OF PRIOR LAKE, MINNESOTA
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO COUNCIL 5, LOCAL 3884
Kirt Briggs, Mayor/Date Jacinta Heinzmann, Bargaining Member/Date
Jason Wedel, City Manager/Date Alex Breeggemann, Bargaining Member/Date
Steve Korbel, Bargaining Member/Date
Dale Stefanisko, Bargaining Member/Date
Bryce Wickstrom, AFSCME Representative/Date
Grade Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
170 Building Inspector, Code Enforcement Officer, Engineer Technician 4, Planner, GIS Coordinator
2025 $38.94 $40.20 $41.51 $42.84 $44.24 $45.67 $47.16 $48.67
160 Engineering Tech 3, Public Works Operator, Public Works Technician, Mechanic II
2025 $35.47 $36.62 $37.81 $39.03 $40.30 $41.61 $42.96 $44.34
150 Maintenance Worker, Facilities Maintenace, Mechanic I
2025 $31.87 $32.91 $33.97 $35.07 $36.20 $37.38 $38.59 $39.84
140 Recreation Programmer, Public Works Specialist, Evidence Technician, Records Specialist II
2025 $29.26 $30.21 $31.18 $32.20 $33.25 $34.31 $35.42 $36.58
130 Development Services Assistant, Records Specialist, Utility Billing Clerk, Deputy City Clerk
2025 $27.42 $27.89 $28.80 $29.73 $30.70 $31.69 $32.71 $33.91
120 Community Service Officer , Administrative Assistant
2025 $23.37 $24.13 $24.90 $25.73 $26.54 $27.41 $28.28 $29.20
2025 AFSCME PAY RANGES