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HomeMy WebLinkAboutResolution 90-29RESOLUTION 90- 29 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 ~HEEEAS, negotiations have proceeded between the International Union of Operating Engineers (IUOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar year 1990, 1991, and 1992; WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar year 1990, 1991, and 1992 for IUOE bargaining unit employees of the City with a wage and contribution to fringe benefit reopener for 1992; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this ~th day of May , 1990. Offered by: Seconded by: Roll Call: Peterson Ruetti'mann A] 1 ayes o- ~r~e Student, Coun'~-t Secretary Edward M. Carlson, Mayor LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49 AFL-CIO JANUARY 1, 1990 - DECEMBER 31, 1992 TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . 1 II RECOGNITION . . . . . . . . . . . . . . . . . . . . . . 1 III UNION SECURITY . . . . . . . . . . . . . . . . . . . . 1 IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . 2 V EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . 2 VI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . . . . . . . . 2 VII DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . 6 VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . 6 IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . 7 X OVERTIME PAY . . . . . . . . . . . . . . . . . . . . . 8 XI CALL BACK . . . . . . . . . . . . . . . . . . . . . . . 8 XII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . 8 XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . . . . 9 XIV DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . 9 XV SENIORITY . . . . . . . . . . . . . . . . . . . . . . 9 XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . 9 XVII SAFETY . . . . . . . . . . . . . . . . . . . . . . . . 10 XVIII JOB POSTING . . . . . . . . . . . . . . . . . . . . . . 10 XIX INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 10 XX HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . 11 XXI VACATIONS . . . . . . . . . . . . . . . . . . . . . . . 12 XXII SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . 13 XXIII FUNERAL LEAVE . . . . . . . . . . . . . . . . . . . . . 13 XXIV UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . 14 XXV WAIVER . . . . . . . . . . . . . . . . . . . . . . . . 14 XXVI WAGES . . . . . . . . . . . . . . . . . . . . . . . . 15 XXVII WORKING OUT OF CLASSIFICATION . . . . . . . . . . . . . 15 XXVIII DURATION . . . . . . . . . . . . . . . . . . . . . . . 15 SIGNATURE PAGE . . . . . . . . . . . . . . . . . . . . 16 APPENDIX A - WAGES . . . . . . . . . . . . . . . . . . 17 APPENDIX B . . . . . . . . . . . . . . . . . . . . . 18 APPENDIX C . . . . . . . . . . . . . . . . . . . . . . 19 APPENDIX D . . . . . . . . . . . . . . . . . . . . . . 20 -i- LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 AFL-CIO ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Columbia Heights hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and, 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minnesota Statute 179A.03, Subdivision 14, excluding supervisory, confidential and all other employees: Maintenance I Maintenance II Maintenance III Laborers and Part-Time Helpers ARTICLE III UNION SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: -1- 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. -2- 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal workings hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representa- tive' s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days -3- shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative' s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 by the UNION shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) -4- submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator' s decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator' s services and proceeding shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representa- tives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived" . If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair -5- Employment. If appealed to any procedure other than Step 5 of ARTICLE IV, the grievance is not subject to the -arbitration procedure as provided in Step 5 of Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized--Step 5 of ARTICLE VI or another appeal procedure--and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.2 EMPLOYER: The City of Columbia Heights. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of any other special allowances. 7.6 SENIORITY: Length of continuous service in any of the job classifica- tions covered by ARTICLE II - RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 7.7 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of -6- Minnesota, and the City of Columbia Heights. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX WORK SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 8:00 - 4:30 day. The EMPLOYER will give a minimum of 48 hours' advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. 9.5 During the normal work day, two rest periods (one in the morning and one in the afternoon) will be provided under the following conditions: A. Rest periods will be taken at times approved by the EMPLOYER. B. Rest periods shall not exceed fifteen (15) minutes. C. Employees shall remain at their work sites during approved rest periods. D. Rest periods shall not interfere with or prevent City services or operations. -7- ARTICLE X OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7)- day period will be compensated for at one and one-half (1 1/2) times the employee' s regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.5 Employees may take compensatory time off at the rate of one and one-half hours off for every hour overtime worked. Such compensatory time off shall be taken during the pay period in which it is earned. Employees required to put in overtime in excess of the standard forty (40) hour work week and are unable to take compensatory time off within the pay period shall be paid overtime at the rate of one and one-half times their hourly rate. ARTICLE XI CALL BACK An employee called in for work at a time other than the employee' s normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1 1/2) times the employee's base pay rate. ARTICLE XII LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. -8- ARTICLE XIII RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV DISCIPLINE 14.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: A. Oral Reprimand B. Written Reprimand C) Written Suspension D) Written Discharge 14.2 Notices of written reprimands, suspension and discharge, which are to become part of an employee's personnel file, shall be read and acknowledged by signature of the employee. The employees and the UNION will receive a copy of such notices. ARTICLE XV SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job-relevant qualification factors are equal. 15.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee' s last known address to report to work or forfeit all recall rights. ARTICLE XVI PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) month probationary period. 16.2 All employees will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. -9- 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII JOB POSTING AND PROMOTION 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: A. Have the necessary qualifications to meet the standards of the job vacancy; and, B. Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.3 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. 18.4 Upon reaching the tenth year of employment with the City of Columbia Heights in the classification of Maintenance I, such employee will be promoted to the classification of Maintenance II, provided that the number of employees in the Maintenance II classification does not exceed two-thirds of the bargaining unit work force. 18.5 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD) . ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of two-hundred fifteen dollars ($215.00) per month per (permanent and probationary full-time) employee for group health and life insurance including dependent coverage for calendar year 1990. No retroactive insurance benefits payments will -10- be made to any employee terminating employment during calendar year 1990 prior to Council ratification of a 1990 •employer contribution rate for insurance. 19.2 The EMPLOYER will contribute up to a maximum of two-hundred thirty-five dollars ($235) per month per (permanent and probationary full-time) employee for group health and life insurance including dependent coverage for calendar year 1991. 19.3 The EMPLOYER contribution per month per (permanent and probationary full-time) employee for group health and life insurance including dependent coverage for calendar year 1992 will be negotiated by the parties. No retroactive insurance benefits will be made to any employee terminating employment during calendar year 1992 prior to Council ratification of a 1992 employer contribution rate for insurance. 19.4 By mutual agreement employees may use twenty-one dollars ($21.00) of the per month per employee of health insurance dollars in 19.1, 19.2, and 19.3, for dental insurance for all unit employees. 19.5 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. ARTICLE XX HOLIDAYS 20.1 The following twelve days shall be designated as paid holidays: New Year's Day Labor Day Martin Luther King Day Veterans Day President' s Day Thanksgiving Day Good Friday Day After Thanksgiving Memorial Day Christmas Eve Day Independence Day Christmas Day 20.2 When New Year's Day, Independence Day, Veterans Day, or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When and if any of these four (4) holidays fall on a Saturday, the preceding Friday shall be considered the designated holiday. Christmas Eve Day will be celebrated as a holiday on the regular work day preceding the day on which Christmas Day is observed. -11- 20.3 An employee shall forfeit all rights to holiday pay when absent from scheduled work on the day following or the day preceding a holiday without the express authorization of the, EMPLOYER. 20.4 New employees will be eligible for holiday pay after satisfactory completion of three (3) months employment. 20.5 No terminating employee shall receive holiday pay for a holiday which occurs after the employee's last day at work. 20.6 Permanent Part-Time Employees: Those employees who are regularly scheduled to work 1,040 hours or more per year shall be eligible for paid holidays on a prorated basis. ARTICLE XXI VACATION 21.1 Each permanent and probationary employee shall earn and accrue vacation time on the following basis: During Employment Year Vacation Accrued Per Month 1 . . . . . . . . . . . . . . . .833 day 2 . . . . . . . . . . . . . . . .833 day 3 . . . . . . . . . . . . . . . .833 day 4 . . . . . . . . . . . . . . . .833 day 5 . . . . . . . . . . . . . . . .833 day 6 . . . . . . . . . . . . . . . .917 day 7 . . . . . . . . . . . . . . . 1.000 day 8 . . . . . . . . . . . . . . . 1.083 day 9 . . . . . . . . . . . . . . . 1.167 day 10 . . . . . . . . . . . . . . . 1.250 day 11 . . . . . . . . . . . . . . . 1.333 day 12 . . . . . . . . . . . . . . . 1.417 day 13 . . . . . . . . . . . . . . . 1.500 day 14 . . . . . . . . . . . . . . . 1.583 day 15 & + . . . . . . . . . . . . . . 1.667 day 21.2 Effective January 1, 1992, each permanent and probationary employee shall earn and accrue vacation time on the following basis: During Employment Year Vacation Accrued Per Month 1 . . . . . . . . . . . . . . . .833 day 2 . . . . . . . . . . . . . . . .833 day 3 . . . . . . . . . . . . . . . .833 day 4 . . . . . . . . . . . . . . . .833 day 5 . . . . . . . . . . . . . . . .833 day 6 . . . . . . . . . . . . . . . .917 day 7 . . . . . . . . . . . . . . . 1.000 day 8 . . . . . . . . . . . . . . . 1.083 day 9 . . . . . . . . . . . . . . . 1.167 day 10 . . . . . . . . . . . . . . . 1.250 day 11 . . . . . . . . . . . . . . . 1.333 day 12 . . . . . . . . . . . . . . . 1.417 day 13 . . . . . . . . . . . . . . . 1.500 day 14 . . . . . . . . . . . . . . . 1.583 day 15 - 19 . . . . . . . . . . . . . 1.667 day 20+ . . . . . . . . . . . . . . . 2.083 day -12- 21.3 After satisfactory completion of his/her initial probationary period, any permanent employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for vacation leave accrued to the date of separation. 21.4 Vacation leave is intended as a period of rest and relaxation and may not be waived by an employee for the purpose of receiving double pay. 21.5 Vacation leave shall be charged as used in amounts of not less than one (1) hour increments not to exceed 24 one-hour increments in a 12-month period. All other vacation leave shall be charged and used in the amount of not less than 8-hour increments. 21.6 Permanent Part-Time Employees: Those employees who are regularly scheduled to work 1,040 hours or more per year shall be eligible for vacation time on a prorated basis. ARTICLE XXII SICK LEAVE 22.1 Sick leave pay shall be granted to all probationary and permanent employees at the rate of one working day for each calendar month of full-time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial probationary period. Promotional probationary employees may make use of sick leave; however, if the sick leave exceeds a total of five (5) working days, the probationary period shall automatically be extended a like period of time. 22.2 Sick leave may be accumulated to a maximum of one-hundred-and- twenty (120) days. One-half (1/2) of the sick leave in excess of one-hundred-and-twenty (120) days shall be granted as additional annual vacation leave the calendar year after such surplus is earned. 22.3 Sick leave shall be granted for absence from duty because of personal illness, injury or disability, (necessary medical, dental or chiropractic care) , legal quarantine, or serious illness in the immediate family. The immediate family is defined as the spouse and the following of either the employee or the employee's spouse: mother, father, children, sister, brother, grandparents, or dependents. -13- 22.4 After satisfactory completion of his/her initial probationary period, any permanent employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on their most recent salary level for one-third (1/3) of earned and unused sick leave. 22.5 Permanent Part-Time Employees: Those employees who are regularly scheduled to work 1,040 hours or more per year shall be eligible for sick leave on a prorated basis. ARTICLE XXIII FUNERAL LEAVE 23.1 Employees are allowed funeral leave of up to three (3) days for death in the immediate family including spouse, mother, father, or children. That time is not chargeable against any accrued vacation or sick leave. 23.2 Funeral leave for brothers, sisters and in-laws (spouse's family) is granted up to three (3) days, deductible from sick leave or vacation as the employee may choose. 23.3 An employee is entitled to one (1) day with pay and up to three (3) days, deductible from sick leave or vacation leave at the sole discretion of the EMPLOYER, for death of grandchildren or grandparents. ARTICLE XXIV UNIFORMS The EMPLOYER will supply those uniforms and equipment items which the City requires employees to wear and/or use. Employees will be responsible for the maintenance and cleaning of their City-supplied uniforms. ARTICLE XXV WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term -14- or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXVI WAGES See Appendix A for 1990, 1991, and 1992 wage rates. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $2 contributed by such employee toward the State Deferred Compensation Program. Such contribution will not exceed $300 for calendar year 1990, $300 for calendar year 1991, and $300 for calendar year 1992. ARTICLE XXVII WORKING OUT OF CLASSIFICATION PAY See Appendix B, C, and D. ARTICLE XXVIII DURATION This AGREEMENT shall be effective as of January 1, 1990, and shall remain in full force and effect until December 31, 1992. -15- IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 19_ MAYOR BUSINESS MANAGER CITY OF COLUMBIA HEIGHTS I.U.O.E. , LOCAL NO. 49 CITY MANAGER PRESIDENT CITY OF COLUMBIA HEIGHTS I.U.O.E. , LOCAL NO. 49 RECORDING SECRETARY I.U.O.E. , LOCAL NO. 49 BUSINESS REPRESENTATIVE I.U.O.E. , LOCAL NO. 49 -16- APPENDIX A WAGES 1990 Adjustments shall be effective January 1, 1990. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Step I Step II Step III Step IV Step V Step VI Entry 6 Months 1 Year 2 Years 3 Years 4 Years Maintenance I $ 9.01 $ 9.46 $ 9.91 $10.36 $10.81 $11.26 Maintenance II $10.80 $11.34 $11.88 $12.42 $12.96 $13.50 Maintenance III $11.30 $11.87 $12.43 $13.00 $13.56 $14.13 Laborer & Part-Time $ 5.25 - $ 7.00 1991 Adjustments shall be effective January 1, 1991. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Step I Step II Step III Step IV Step V Step VI Entry 6 Months 1 Year 2 Years 3 Years 4 Years Maintenance I $ 9.37 $ 9.84 $10.30 $10.77 $11.24 $11.71 Maintenance II $11.23 $11.79 $12.36 $12.92 $13.48 $14.04 Maintenance III $11.76 $12.35 $12.94 $13.52 $14.11 $14.70 Laborer & Part-Time $ 5.50 - $ 7.25 1992 To be negotiated by the parties. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. -17- APPENDIX B Effective upon City Council ratification of the contract, employees in the Maintenance I classification who are required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid $.50 per hour above the Maintenance I base hourly rate of pay for those hours assigned to the following items of equipment: Blacktop Paver Bobcat, or similar skid steer equipment, Bombardier or MT trackless Cement Mixer Chip Spreader/Self-Propelled Crawler Tractor - Under 50 HP Loader, Front End, - Less than 2 yards Rollers (Steel and Rubber) Over 6 Ton Sewer Cleaner, Hydraulic and Vacuum Street Sweepers Tree Spade Trucks - Single-Axle Over 24,000 GVW Any vehicle requiring a State of Minnesota Class B Operators License (other than equipment listed on Appendix C) -18- APPENDIX C Effective upon City Council ratification of the contract, employees in the Maintenance I classification who have reached Step VI of the wage schedule and employees in the Maintenance II classification required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid $.50 per hour above their base hourly rate of pay for those hours assigned to the following items of equipment: Front End Loaders - 4 WD, 2 yards or more Street Sweepers - Pickup Type Backhoes Graders Oil Distributor Operator Boom Operator -19- APPENDIX D Effective upon City Council ratification of the contract, employees in the Maintenance I classification and employees in the Maintenance II classification required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid $.20 per hour above their base hourly rate of pay for those hours assigned to the following items of equipment: Brush Chipper -20- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - International Union of Operating Engineers (IUOE) , Local No. 49 LETTER OF UNDERSTANDING and RE: VORKING FOREMAN City of Columbia Heights - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Effective January 1, 1990, the Working Foreman rate of pay will be $14.39 per hour subject to the following: If, at the conclusion of the unit clarification question, it is determined that the classification of Working Foreman is supervisory, the Working Foreman classification and any and all references to the Working Foreman classification will be deleted from the agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49. If, at the conclusion of the unit clarification question, it is determined that the classification of of Working Foreman is not supervisory, the Union and the City agree to negotiate a wage range for the classification of Working Foreman for 1990 and 1991, with a wage reopener for 1992. Dated: 1990 For Union: For City: Business Agent City Manager 052490 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - International Union of Operating Engineers (IUOE) , Local No. 49 LETTER OF UNDERSTANDING and RE: DRUG AND ALCOHOL TESTING City of Columbia Heights - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - THE ABOVE CAPTIONED PARTIES hereby set forth their full and complete understanding on the City's Drug and Alcohol Testing Policy: (1) It is understood that the City's policy is intended to establish standards concerning drug and alcohol affecting the workplace which all employees represented by Local No. 49 must meet; (2) That the Columbia Heights Drug and Alcohol Testing Policy is intended to conform to state law and that any conflicts between the policy and state law are to be decided pursuant to Minnesota Statutes, Sections 181.950 to 181.957; and, (3) That pursuant to the conditions stated herein the Columbia Heights Drug and Alcohol Testing policy is made a part of the collective bargaining agreement, as an addendum thereto. Dated: 1990 For Union: For City: Business Agent City Manager 052190 CITY COUNCIL LETTER Meeting of: May 29, 1990 (AGENDA SECTION: ORDINANCES & RESOLUTIONS I ORIGINATING DEPARTMENT: CITY MANAGER (NO. : 6 I CITY MANAGER'S APPROVAL (ITEM: 1990-1992 LABOR AGREEMENT BETWEEN THE BY: L.L.MAGEE BY: INO. : CITY AND IUOE, LOCAL 49 DATE: 05/24/90 i DATE: 6,84 Based upon discussions at recent work sessions regarding collective bargaining issues, the City Manager is submitting the following for the City Council's consideration. Negotiation sessions between the City negotiating team and the International Union of Operating Engineers, Local No. 49, along with several mediation sessions, have resulted in a mutually acceptable contract for calendar years 1990, 1991, and 1992, with a wage and contribution to fringe benefit reopener in 1992. Attached is a resolution which would adopt and establish the contract agreement as negotiated for calendar years 1990, 1991, and 1992. As you are aware, this is the first year the entire contract with the IUOE, Local 49, was negotiated by the City. Previously, the Metropolitan Area of Management Association (MAMA) represented the city of Columbia Heights (along with several other cities) in negotiation of the Master Contract. The local addendum, addressing issues of local concern, was negotiated by the City. Thus, the attached contract combines the Master contract and the local addendum into one contract. The substantive changes to the contract are as follows: Job Posting and Promotion Added provision: Upon reaching the tenth year of employment with the City of Columbia Heights in the classification of a Maintenance I, such employee will be promoted to the classification of a Maintenance II, provided that the number of employees in the Maintenance II classification does not exceed two-thirds of the bargaining unit work force. Insurance 1990: $215 per month (1989=$200 per month) 1991: $235 per month 1992: Reopener Vacation Effective January 1, 1992, additional five days vacation added to schedule during employment year 20 for a maximum of 25 days per year during 20 years Continued COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 29, 1990 (AGENDA SECTION: ORDINANCES & RESOLUTIONS ( ORIGINATING DEPARTMENT: I CITY MANAGER INO. : 6 I CITY MANAGER'S I APPROVAL i I7 (ITEM: 1990-1992 LABOR AGREEMENT BETWEEN THE ( BY: L.L.MAGEE I BY: I INO. : CITY AND IUOE, LOCAL 49 I DATE: 05/24/90 I DATE: Page 2 and thereafter. (Currently, maximum is 20 days per year during year 15 and thereafter. ) Wages Expansion of wage schedule from a single rate for each job classification, to a range. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. 1990 Step I Step II Step III Step IV Step V Step VI ( 1989) ( 9.34) Maintenance I $ 9.01 $ 9.46 $ 9.91 $10.36 $10.81 $11.26 (12.46) Maintenance II $10.80 $11.34 $11.88 $12.42 $12.96 $13.50 (12.98) Maintenance III $11.30 $11.87 $12.43 $13.00 $13.56 $14.13 ( 3.36- Laborer & 7.96) Part-Time $ 5.25 - $ 7.00 1991 4z over 1990 contract rates 1992 Reopener Working Foreman Rate of Pay As you may recall, the City petitioned the Bureau of Mediation Services to have the classification of Working Foreman removed from the IUOE, Local 49 bargaining unit, as the City feels the position is supervisory. As we are still awaiting the decision from the Bureau, a Letter of Understanding was drafted which spells out the rate of the Working Foreman (see attached) . Continued I COUNCIL ACTION: i I I I L � CITY COUNCIL LETTER Meeting of: May 29, 1990 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: ( CITY MANAGER INO. : 6 CITY MANAGER'S APPROVAL i J ITEM: 1990-1492 LABOR AGREEMENT BETWEEN THE BY: L.L.MAGEE BY: (A-6 INO. : CITY AND IUOE, LOCAL 49 ( DATE: 05/24/90 DATE: / Page 3 Deferred Compensation As a form of additional compensation, the City will contribute $1 per permanent and probtionary full-time employee toward the State DeferredCompensation Program for every $2 contributed by such employee toward the State Deferred Compensation Program. Such contribution will not exceed $300 for calendar year 1990, $300 for calendar year 1991, and $300 for calendar year 1992. Working Out of Classification Pay Effective upon City Council ratification of the contract: Employees in the Maintenance I classification who operate light equipment as listed in Appendix B will receive $.50 per hour above their Maintenance I hourly rate of pay for hours assigned to that equipment (currently, employees would receive the Maintenance II rate of pay) . Employees in the Maintenance I classification who have reached Step VI of the wage schedule, and Maintenance II employees who operate heavy equipment as listed in Appendix C will receive $.50 per hour above their respective hourly rate of pay for hours assigned to that equipment (currently employees would receive the Maintenace III rate of pay) . Employees in the Maintenance I and Maintenance II classification who operate the brush chipper will receive $.20 per hour above their respective hourly rate of pay for hours assigned to that piece of equipment (currently employees would receive $.20 per hour over the Maintenance II rate of pay) . See Appendix D. Supplemental Pay Elimination of: --$.30 per hour to employee assigned to assume the full duties and responsibilities of the Public Works Superintendent. --$.05 per hour to employees in the working job title of Parkkeeper in the Maintenance II classification who were hired prior to January 1, 1980. --$.10 per hour to 'employees in the working job title of Sewer and Water Maintenance Worker in the Maintenance II job classification who were hired prior to January 1, 1990. --$.05 per hour for Certification for Sewer and Water Works Operators. --$.05 per hour for Certification of Tree Inspector. CITY COUNCIL LETTER Meeting of: May 29, 1990 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER ENO. : 6 CITY MANAGER'S APPROVAL ITEM: 1990-1992 LABOR AGREEMENT BETWEEN THE BY: L.L.MAGEE ( BY: d INO. : CITY AND IUOE, LOCAL 49 i DATE: 05/24/90 i DATE: r �( Page 4 Duration January 1, 1990 - December 31, 1992. Drug Testing Policy Acceptance of the City' s Drug Testing Policy as incorporated into the Personnel Policy Manual, with a letter of understanding stating the purpose of the policy and that the City will comply with State Statute in the administration of the Drug Testing Policy. (see attached letter of understanding) . Attached is the revised contract. The City Manager recommends adoption of the attached resolution. RECOMMENDED MOTION: Moved and Seconded to waive the reading of the resolution there being ample copies available to the public. RECOMMENDED MOTION: Moved and seconded to adopt Resolution 90- ; regarding a labor agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local No. 49, effective January 1, 1990-December 31, 1992. COUNCIL ACTION: 1 �