HomeMy WebLinkAbout1996-025
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RESOLUTION NO. 96-25
APPROVING 1996-1997 LABOR AGREEMENT
BETWEEN CITY OF STILL WATER
AND LOCAL NO. 49
INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Labor Agreement
between the City of Stillwater and Local No. 49, International Union of Operating Engineers,
AFL-CIO, for the period January 1, 1996 through December 31, 1997, attached hereto as
Exhibit "A", is hereby approved.
Adopted by Council this 16th day of January, 1996.
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Attest:
~&-lL LU,M~
or Weldon, City Clerk
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Article
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII
XXIII
XXIV
XXV
XXVI
TABLE OF CONTENTS
Page
Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Recognition ................................................ 1
Definition .................................................. 1
Employer Security ........................................... 2
Employer Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Right of Subcontract ......................................... 3
Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Union Security .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Employee Rights - Grievance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . 4
Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Job Posting ................................................ 7
Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Work Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Overtime Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Legal Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Safety .................................................... 9
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Severance Pay ............................................ 11
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Wages " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Miscellaneous ............................................. 15
Savings Clause ........................;................... 15
Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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I.
LABOR AGREEMENT
BETWEEN
THE CITY OF STILLWATER
AND
LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO
ARTICLE I
PURPOSE OF AGREEMENT
This agreement is entered into as of January 1, 1996 between the City of Stillwater, Washington
County, Minnesota, hereinafter called the Employer, and Local No. 49 of the International Union
of Operating Engineers, hereinafter called the Union.
It is the intent and purpose of this agreement to:
1.1 Assure sound and mutually beneficial working and economic relationships between
parties hereto;
1.2 Establish certain hours, wages and other conditions of employment;
1.3 Establish procedures for the resolution of disputes concerning this Agreement's
interpretation and/or application.
1.4
Specify the full and complete understanding of the parties; and
1.5 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 City recognizes Local No. 49 as the exclusive representative for all nonsupervisory positions
within the Stillwater Public Works and Parks Departments.
ARTICLE III
DEFINITIONS
3.1 Union: The International Union of Operating Engineers, Local No. 49, AFL-CIO.
3.2 Employer: The City of Stillwater
3.3
Union Member: A member of The International Union of Operating Engineers, Local No.
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3.4
Employee: A member of the exclusively recognized bargaining unit.
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49, AFL-CIO.
3.5 Base Pay Rate: The employee's hourly pay rate exclusive of longevity or any other special
allowance.
3.6 Seniority: Length of continuous service of any of the job classifications 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.
3.7 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.
3.8 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 IV
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EMPLOYER SECURITY
The Union agrees that during the life of this agreement it will not cause, encourage, participate in
or support any strike, slowdown or 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.
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ARTICLE VI
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 VII
DISCIPLINE
7.1 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. suspension
d. demotion or
e. discharge
7.2
7.3
7.4
7.5
7.6
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An employee may be reclassified to a lower classification for improper performance of
duties required in the higher classification. Prior to reclassification for improper
performance, an employee shall be verbally reprimanded for a first instance, reprimanded
in writing for a second instance and reclassified on a third instance. Suspensions and
discharges will be in written form.
Written reprimands, notices of suspension and notices of discharge which are to become
a part of an employee's personnel file shall be read and acknowledged by signature of the
employee. Employees and the Union will receive a copy of such reprimands and/or notices.
Employees may examine their own individual personnel files at reasonable times under the
direct supervision of the Employer.
Discharges will be preceded by a three-day suspension without pay.
Grievances relating to this Article shall be initiated by the Union as provided in Article IX -
Grievance Procedure.
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ARTICLE VIII
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UNION SECURITY
8.1 The Employer shall deduct from the wages of employees who authorize such deductions
in writing an amount necessary to cover monthly Union dues, or a "fair share" deduction as
provided by Minnesota Statutes 179.65, Subdivision 2, if the employee elects not to
become a member of the Union. Such monies shall be remitted as directed by the Union.
8.2 The Union may designate employees from the bargaining unit to act as a steward and an
alternate and shall inform the Employer in writing of such choice and changes in the
position of steward and/or alternate.
8.3 The Employer shall make space available on the employee bulletin board for posting Union
notices and announcements.
8.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims,
suits, orders or judgments brought or issued against the Employer as a result of any action
taken or not taken by the Employer under the provisions of this Article.
ARTICLE IX
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURES
9.1
Definition of a Grievance
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A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this agreement.
9.2 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.
9.3 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 working hours only when
consistent with such Employee duties and responsibilities. The aggrieved Employee and
the Union Representative shall be allowed a reasonable amount of time without loss in pay
when a grievance is investigated and presented to the Employer during normal working
ours 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.
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9.4
Procedure
Grievances, as defined by Section 9.1, shall be resolved in conformance with the following
procedure:
Steo 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 Employer'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, and the remedy requested and
shall be appealed to Step 2 within ten (10) calendar days after the Employer
designated representative's final answer in Step 1. Any grievance not appealed
in writing to Step 2 by the Union within ten (10) calendar days shall be
considered waived.
Steo 2: If appealed, the written grievance shall be presented to 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 Step 3 by the Union within ten
(10) calendar days shall be considered waived.
Steo 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
to Step 3. Any grievance not appealed in writing to Step 4 by the Union within
ten (10) calendar days shall be considered waived.
Steo 4: A grievance unresolved in Step 3 and appealed in Step 4 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
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selection of an arbitrator shall be made in accordance with the "Rules Governing
the Arbitration of Grievance" as established by the Public Employment Relations
Board.
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9.5 Arbitrator's Authoritv
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) 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 modify or varying in any way the application of laws, rules or regulations
having the force and effect of law. The arbitrators decision shall be submitted in
writing within thirty (30) days following the close of the hearing of 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 arbitrators interpretation of application of the express terms of this
Agreement and to the facts of the grievance presented.
c. The fees and expenses for the arbitrators services and proceedings shall be borne
equally by the Employer and the Union provided that each party shall be responsible
for compensating its own representatives and witnesses. If either party desires a
verbatim record of 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.
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9.6 Waiver
If a grievance is not presented within the limits set forth above, it shall be considered
"waived". If a grievance is not appealed to the next step within 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.
9.7 Choice of Remedy
If, as a result of the Employer response to Step 4, the grievance remains unsolved, 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 IX or a procedure such as: Civil Service, Veteran's Preference or Fair
Employment. If appealed to any procedure other than Step 5 of Article IX the grievance is
not subject to the arbitration procedures as provided in Step 5 Article IX. The aggrieved
employee shall indicate in writing which procedure is to be utilized - Step 5 of Article IX or
another appeal procedure -and shall sign a statement to the effect that the choice of any
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other hearing precludes the aggrieved employee from making a subsequent appeal through
Step 5 of Article IX.
ARTICLE X
SENIORITY
10.1 Seniority will be the determining criterion for transfers, promotions and layoffs when all job-
relevant qualification factors are equal.
10.2 In the event of a job opening, the job shall be announced by bulletin and the oldest
permanent employee shall be given the first opportunity to set up for promotion, provided
such employee is qualified to perform the work required.
10.3 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 layoff. Recalled employees shall have ten (10) working days after notification
of recall be registered mail at the employee's last known address to report to work or forfeit
all recall rights.
10.4 Permanent employees listed in Article XXII, Section 1, shall not be reduced in pay scale
when temporarily assigned work of a lower classification. This shall not prevent an
employee from being reclassified to a lower classification when no work is available in
his/her regular classification for an extended period of time.
ARTICLE XI
JOB POSTING
11.1 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:
11.1.1 have necessary qualifications to meet the standards of the job vacancy; and
11.1.2. have the ability to perform the duties and responsibilities of the job vacancy.
11.2
Employees filling a higher job class based on the provisions of this Article shall be subject
to the conditions of Article XII (Probationary Period).
11.3
The Employer has the right to final decision on the selection of employees to fill posted jobs
based on qualifications, abilities and experience.
11.4
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.
ARTICLE XII
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PROBATIONARY PERIODS
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12.1 All newly hired or rehired employees will serve six (6) months probationary period.
12.2 All employees will serve a six (6) month's probationary period in any job classification in
which the employee has not served a probationary period.
12.3 At any time during the probationary period, a newly hired or rehired employee may be
terminated at the sole discretion of the Employer.
12.4 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 XIII
WORK SCHEDULES
13.1 The sole authority of 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.
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13.2 Service to the public may require the establishment of regular shifts for some employees
on a daily, weekly, seasonal orannu'al basis other than normal 7 a.m. - 3:30 p.m. day. The
Employer will give seven (7) days advance notice to the employees affected by the
establishment of work days different from the employee's normal eight (8) hour work day.
13.3 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.
13.4 The average work month for employees for purpose of computing vacations, sick leave and
fractions of month's work shall be one hundred seventy-three (173) hours.
ARTICLE XIV
OVERTIME PAY
14.1 Overtime is defined as all hours worked in excess of eight (8) hours per day or forty (40)
hours per week and for all hours worked on Saturday, Sunday and legal holidays or days
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observed as holidays except as provided in Section 14.6.
14.2 Overtime will be distributed as equally as practicable by department.
14.3 Overtime refused by employees will for record purposes under Article 14.2 be considered
as unpaid overtime worked.
14.4 For the purpose of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded or paid twice for the same hours worked.
14.5 An Employee called back to work after he has completed his regular work day or called out
on his day off shall receive a minimum of four (4) hours compensation.
14.6 Employees who are required to work on Saturdays or Sundays or holidays, in addition to
their regularly assigned shift, shall be compensated at the overtime rate for such days and
shall receive a minimum of four (4) hours compensation at the overtime rate for each
Saturday, Sunday or holiday or day observed as a holiday, that they are required to be on
weekend duty. It is understood that these employees will make routine checks of City
sewer facilities. Any call outs, other than those routine duties, will be compensated as
specified in 14.5 above.
ARTICLE XV
LEGAL PROTECTION
15.1 The City shall provide through insurance coverage or otherwise, defense, necessary legal
expenses and other costs to any employee against whom a claim is made or a lawsuit is
commenced which is based upon the conduct of the employee acting in the course of this
employment, except for intentional torts and crimes of ordinance violations knowingly
committed by such employee.
15.2 Eligibility shall be determined by the City Council on an individual basis as to its
reasonableness.
ARTICLE XVI
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 XVII
INSURANCE
17.1 Effective January 1, 1996, the Employer will contribute up to Three Hundred and Fifty-five
Dollars ($355) per month per employee toward group health and long-term disability
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insurance including dependent coverage.
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In the event the premium for dependent health insurance increases during 1996, the
Employer shall contribute 50 percent (50%) of the increase. In the event the premiums
/A./ increase during 1997 the Employer shall contribute one hundred percent (100%) of any
f~ increase over thirty dollars ($30.00).
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17.2 The Employer shall provide each employee with a $20,000 decreasing term life insurance
policy.
17.3 Dental. Ten dollars ($10) of the maximum may be utilized toward dental insurance.
ARTICLE XVIII
SICK LEAVE
18.1 All full-time employees shall, after a term of employment of one (1) year, be qualified to
receive payments on account of physical disability to wok by reason of sickness. For the
purpose of this contract, sickness shall include injury other than accidental injury arising out
of and in the course of employment by the City. Sickness disability benefits shall be as
follows:
a. If term of employment has been one year but less than two years, one week full pay.
b. If term of employment has been 2 to 5 years, full pay 4 weeks, half pay 9 weeks.
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c. If term of employment has been 5 to 10 years, full pay 13 weeks, half pay 13 weeks.
d. If term of employment has been 10 to 15 years, full pay 13 weeks, half pay 39 weeks.
e. If term of employment has been 15 to 20 years, full pay 26 weeks, half pay 26 weeks.
f. If term of employment has been 20 to 25 years, full pay 39 weeks, half pay 13 weeks.
g. If term of employment has been 25 years or more, full pay 52 weeks.
18.2 No disability benefits shall be paid for absences in excess of three (3) consecutive days
without doctor's certificate as to sickness disability.
18.3 Sickness disability benefits usage shall be subject to the following conditions:
a. An employee may use the full entitlement only once annually.
b. Any days used by an employee must be replaced at the following earning rate:
Employees with less than five (5) years service shall earn a sickness disability leave
time at the rate of one day for each month worked.
Employees with five (5) years but less than ten (10) years service shall earn sickness
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18.4
18.5
18.6
18.7
disability leave time at the rate of one and one-half (1-1/2) days for each month worked.
Employees with ten (10) or more years of service or more years service shall earn
sickness disability leave time at the rate of two (2) days for each month worked.
c. Sickness disability leave time cannot be earned during the time an employee is on sick
leave. Sick leave earned back shall be figured on a pro rata basis each month with no
earn back of leave used during the month.
d. Sickness disability leave time shall be earned as a replacement for used leave time by
only those employees who have utilized the benefit. Sick leave used last shall be
replaced first.
e. For the purpose of this Article, the January 1 st immediately preceding the Employee's
anniversary date of employment shall be used to determined Employees term of
employment.
Any employee receiving Worker's Compensation benefits because of job connected injury
or sickness shall, if he assigns his check to the city, receive full wages for that period. Or,
if any employee is receiving Worker's Compensation benefits and does not assign his
check, he will be paid for the difference between the Worker's Compensation allowance and
his regular weekly pay.
Sick leave shall then be figured on a pro rated basis with no deduction of leave being made
for that portion of the employee's absence which is covered by Worker's Compensation
Insurance.
Sick leave shall not be granted if the absence is due to an injury resulting from intoxication
or fighting.
Sick leave will be suspended after benefits have been exhausted; however, an employee
who has fulfilled all of the requirements for a vacation which has not been taken may
request vacation pay during disability. After all sick leave benefits have been exhausted,
any disabled employee may apply in writing for an authorized leave of absence without pay;
provided that the period of such leave of absence when added to the period during which
benefits have been paid shall not exceed one (1) year. Such application shall be
accompanied by a physician's certificate stating that such disabled employee has not been
able to return to work. Upon return to active employment, the employee shall retain all
accumulated service credit for time worked prior to his disability, but shall receive no service
credit for the period of absence.
Sick leave usage will only be allowed for injury or illness of the employee and not for time
off for any legal proceedings associated with an injury.
ARTICLE XIX
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SEVERANCE PAY
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19.1 All permanent employees who have completed ten (10) years of service with the City shall
be entitled to fifty percent (50%) of their unused sick leave but not to exceed one hundred
(100) days, as severance pay upon retirement, providing the employee is immediately
entitled to receive retirement benefits under a bonafide retirement program or if they
become disabled so they must terminate their employment.
19.2 All permanent employees who have completed less then (10) years of service with the City
shall be entitled to fifty percent (50%) of their unused sick leave but not to exceed Five
Thousand Dollars ($5,000) if they become disabled and so must terminate their
employment. In the case of death, their surviving spouse or depended children shall be
entitled to their severance pay.
ARTICLE XX
HOLIDAYS
20.1 All employees shall be granted leave of absence with regular pay on all legal holiday; they
are:
New Year's Day
Good Friday
Labor Day
Thanksgiving Day
President's Birthday
Memorial Day
Christmas Day
Columbus Day
Independence Day
Veteran's Day
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In addition to the above holiday's, all employees shall be granted leave of absence with
regular pay on the holidays as follows and in the manner that follows:
One floating holiday.
On the last scheduled day before Christmas - 1/2 day.
On the Friday following Thanksgiving Day - 1 full day.
20.2 When a holiday falls upon a Saturday, the preceding Friday shall be considered a holiday;
or when a holiday falls upon a Sunday, the following Monday shall be a holiday.
ARTICLE XXI
V ACA TrONS
21.1 Permanent employees shall be granted the following vacations:
From 0 through 12 months employment
From 1 year through 4 years employment
From 4 years through 10 years employment
After 10 years through 15 years employment
5/6 days per month
10 days per year
15 days per year
20 days per year
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After 15 years
One (1) additional day for each year
up to twenty years for a maximum of
25 days.
21.2 Employees with two or more weeks vacation due must take all but one week vacation in
increments of not less than one week. One week of vacation may be taken in increments
of less than one day at the discretion of the department head.
21.3 Vacation periods shall be selected on the basis of seniority.
21.4 If a holiday occurs during the calendar week in which a vacation is taken by an employee,
the employee shall not be charged for vacation for the holiday.
21.5 Any employee who is laid off, discharged, retired or separated from the service of the
Employer for any reason, prior to taking his vacation, shall be compensated in cash for the
unused vacation he has accumulated at the time of separation.
21.6 Vacation time can accumulated up to eighty (80) hours and used in the following year.
Vacation in excess of eighty (80) hours at the end of the year shall be paid on the second
pay day in January at the rate of pay in effect at the end of the previous year.
21.7 A maximum of six (6) weeks vacation may be used during anyone (1) calendar year except
as provided for in Article 18.6.
21.8 Vacation shall accrue on January 1st immediately preceding the anniversary date of
employment.
ARTICLE XXII
WAGES
22.1 The following wage schedule shall be in effect:
Effective January 1.1996 Effective January 1. 1997
Mechanical -
Chief Mechanic
16.49
16.98
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Mechanic
Mechanic Helper
Laborer/Maintenance Worker
16.12
15.54
11.32
16.60
16.01
11.66
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Park Department -
Parkkeeper
Junior Parkkeeper
Laborer/Maintenance Worker
16.12
15.54
11.32
16.60
16.01
11.66
Sewer Department -
Licensed Sewer Maintenance Worker
Junior Sewer Maintenance Worker
Laborer/Maintenance Worker
16.12
15.54
11.32
16.60
16.01
11.66
Street Department -
Heavy Equipment Operator
Light Equipment Operator
LaborerlMaintenance Worker
16.12
15.54
11.32
16.60
16.01
11.66
.
22.2
Employees required to operate the following equipment shall be considered as Heavy Duty
Equipment Operators:
Motor Patrol, dozer, pickup sweepers, crawler-type tractors (over 30 H.P.), rubber-
tired front-end loaders (over 30 H.P.), trucks over 26,000 pounds, hydraulic back
hoes, bucket machine and sewer vactor/rodder.
22.3 Employees required to operate the following equipment shall be considered as Light
Equipment Operators:
Brush chipper, rubber tired farm tractors (under 30 H.P.), power drive mowers,
distributors, and trucks under 26,000 pounds.
22.4 Employees who are required to work at a higher classification shall receive the rate of pay
for the higher classification for the hours assigned to the higher classification.
22.5 Employees who are required to work fifty percent (50%) or more at a higher job
classification in a calendar year shall be eligible for reclassification.
22.6 All new employees hired after January 1, 1985 may be classified at the sole discretion of
the Employer as Laborer/Maintenance Workers and shall receive working out of
classification pay for those hours assigned to operate equipment listed in Section 22.2 and
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Section 22.3 of this article.
. 22.7 There shall be twenty-six (26) pay periods each year.
22.8 Uniforms shall be provided for employees for outside work.
22.9 The employer shall pay a longevity bonus on the first day in December according to the
following monthly longevity pay schedule:
Years of Service
~ ~ ~ -2{L
Chief Mechanic 60.00 120.00 180.00 215.00
Mechanic 59.00 118.00 177.00 211.00
Mechanic Helper 57.00 114.00 171.00 204.00
Parkkeeper 59.00 118.00 177.00 211.00
Jr. Parkkeeper 57.00 114.00 171.00 204.00
Licensed Sewer Worker 59.00 118.00 177.00 211.00
. Jr. Sewer Worker 57.00 114.00 171.00 204.00
Heavy Equipment Operator 59.00 118.00 177.00 211 .00
Light Equipment Operator 57.00 114.00 171 .00 204.00
Laborer/Maintenance Worker 41.00 82.00 123.00 146.00
The longevity pay bonus shall be based on years of service with the Employer and shall be
equal to the number of months the employee was eligible to receive longevity pay times the
scheduled amount. If an employee becomes eligible to receive longevity pay for only a
portion of a month, the longevity pay for that month shall be determined by dividing the
monthly longevity pay by the number of actual working days in the month.
22.10 Any employee who is currently assigned to the sewer department and who has a current
Class SB Wastewater Facility operator license shall receive a monthly payment of $50.
Said monthly payment shall not be used to calculate overtime pay, longevity pay, holiday
payor any other type of premium pay, shall be paid only to employees currently assigned
to the sewer department and shall cease upon revocation or expiration of the Class SB
license.
22.11 Employees employed by the employer on a seasonal or temporary basis for not more than
. 15
120 work days per calendar year either in a full time or part time capacity (more than 14
hours per week) will be paid at a salary to be determined by the Employer for the term of
their employment. Such employment will not be eligible for any benefits under this
agreement except those which may be required by law or those which are specifically
outlined below.
.
ARTICLE XXIII
MISCELLANEOUS
23.1 The City shall provide employees in the Mechanical Department with a tool allowance to
cover the cost of lost, stolen or broken tools.
23.2 Safety Shoe Policy. All employees assigned to work in Park Maintenance, Street and
Utilities Maintenance and Vehicle Maintenance shall be required to wear steel toe,
puncture resistant sole shoes or boots that meet current ANSI (241.1, 1983) safety
standards. The safety shoe or boot must also be in good repair. Employees assigned to
the aforementioned maintenance areas may not wear canvas shoes sneakers, sandals,
thongs, or similar type footwear while on the job.
The City shall reimburse employees assigned to the aforementioned work areas up to
$100.00 each for the first time purchase of an approved winter and summer type safety
shoe. Thereafter, employees shall be reimbursed 50 percent (50%) of the cost, not to
exceed $75.00 for the replacement of said safety shoes due to normal wear and tear or
damage that is not due to negligence or careless action of the employee.
.
ARTICLE XXIV
SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota, and the
signed municipality. 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 judgement 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 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.
16
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I." . '"
.
.
.
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 terms or conditions 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 terms
and conditions of employment referred to or covered by 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
DURATION
This Agreement shall remain in full force and effect for a period commencing January 1, 1996
through December 31,1997. In the event a new Agreement is not in effect on January 1,1998,
all compensation, working conditions and benefits shall remain in effect as set forth in this
Agreement until a successor Agreement is effected.
In WITNESS WHEREOF, the parties have executed this Agreement on this 15.1- day of M ~
.
_, 1996.
FOR THE CITY OF STILLWATER
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL NO. 49
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