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
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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:
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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.
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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
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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)
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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 �