HomeMy WebLinkAboutResolution 82-19 RESOLUTION 82- ]9
ESTABLISHING WORK ACTION POLICY
BE IT RESOLVED, that the City of Columbia Heights is commit-
ted to sound collective bargaining principles and practices which
will serve to resolve differences through negotiation to the
mutual satisfaction of the parties and avert, to the greatest ex-
tent possible, work actions such as strikes. However, recognizing
that a work action is the ultimate exercise of bargaining power
unions may employ as an economic sanction against the City in the
event bargaining demands cannot be satisfied and recognizing that
the City must take responsible precautions to ensure necessary
public services will be provided in the event such action is em-
ployed, City managers are hereby directed to make such preparations
as will ensure continuation of necessary public services. Such
preparations shall, among other things, provide that:
Priorities are established for all services provi-
ded by affected departments from critical - which
must not be interrupted - to the minimum level
service that can be performed.
e
Instruction is given supervisory personnel regar-
ding their responsibility and conduct during a
strike.
Ail employees are advised of their rights and obli-
gations during a strike and the City's policy regar-
ding striking employees.
BE IT FURTHER RESOLVED, that in the event of a strike action
against the City, M.S. 179.64 among other statutes, rules and
legal decisions, will apply uniformly and consistently to all
employees who engage or participate in such strike action:
1. Any City employee who is absent from any portion of
his/her work assignment without permission of the
appropriate department head on the date or dates when
a strike occurs will be presumed to have engaged in a
strike on such date or dates.
No wages shall be paid to any employee engaging in a
strike.
The City will mail a check for the amount of wages
due a striking employee for work performed prior to
the strike on the first regularly scheduled payday
after the commencement of a strike.
The City will not continue contribution to group in-
surance coverage and other benefits for striking em-
ployees. Notice will be provided such employees on
how they may continue to maintain group insurance
coverage.
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1!.
12.
13.
No striking employee shall be entitled to vacation pay
while on strike.
No sick leave shall be granted to a striking employee
while on strike.
No striking employee shall be eligible for any type
of leave including attendance at conferences and con-
ventions while on strike.
There shall be no service credit for benefit accrual
purposes during a strike period to any employee parti-
cipating in such action.
No holiday pay will be granted to a striking employee.
The City will implement the provisions of M.S. 179.64,
Subd. 2 which provides that an employee who strikes
illegally may be terminated effective the date the
violation first occurs. If the City should subsequen-
tly agree to reappoint or reemploy an illegal striker,
M.S. 179.64, Subd. 4 requires that such employee shall
be on probation for two years with respect to such em-
ployment.
Ail leaves of absence for all employees will be auto-
matically cancelled unless re-authorized by the depart-
ment head. Any leaves of absence during a period when
a strike is taking place may be granted only with the
approval of the department head.
Non-striking employees must be prepared to present
medical certification of illness to be eligible for
sick leave.
Ail non-exempt employees who, as a result of a strike
action, are required to work in excess of the normal
workweek shall be paid at a rate of one-and-one-half
times their normal rate for such excess time. Exempt
employees excluding Department Heads who, as a result
of a strike action are required to work in excess of
the normal workweek to perform service regularly per-
formed by striking employees, shall be paid at a rate
of one-and-one-half times their normal rate, or at the
option of the Department Head, will be given compensa-
tory time off at such rate. Any employee who is assig-
ned to perform work appropriate to a higher class shall
be paid for such work performed in the higher class at
the compensation rate of that class.
Pd~S0LUT!ON ~2- 19
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14.
Any City employee who may legally strike also has a
right to continue working during a strike action. Ail
employees not in the striking bargaining unit are re-
quired to be at work or on authorized leave.
BE IT FURTHER RESOLVED, that nonstriking employees of the City
of Columbia Heights who might incur damage which is causally connec-
ted to strike activities shall be reimbursed by the City for such
damage to the extent permitted by law provided that said damage, at
the time of the alleged incident, is not otherwise covered by in-
surance, and provided further that the damaged employee has taken
reasonable precautions under the circumstances to prevent such
damage.
BE IT FURTHER RESOLVED, that the City Manager is authorized to
speak publicly on behalf of the City in regard to such labor dis-
putes and shall, except for elected officials, be the sole person
authorized to speak publicly on behalf of the City during any period
of strike action.
Passed this 22nd day of Hatch, 1982.
Offered by:
Seconded by:
Roll Call:
Hentges
Fiorberg
All ayes
Bruce G. Nawrocki, Mayor
//~O-A~nne ~uden~tT,-Council Secretary