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HomeMy WebLinkAbout1996-292 RESOLUTION 96 - 292 APPROVING 1996 LABOR AGREEMENT STILLWATER PUBLIC MANAGERS ASSOCIA nON NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Labor Agreement between the City of Stillwater and the Stillwater Public Managers Association for the period of January 1, 1996 to December 31, 1996 is hereby approved and the appropriate City staff is authorized to sign said agreement. Adopted by Council this 3rd day of December, 1996. Attest: LABOR AGREEMENT BETWEEN THE CITY OF STILL WATER AND MINNESOTA TEAMSTERS PUBLIC AND LA W ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320 REPRESENTING STILL WATER PUBLIC MANAGER'S ASSOCIATION ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1996 between the City of Stillwater, hereinafter called the EMPLOYER and Minnesota Teamsters Public and Law Enforcement Employee's Union, Local No. 320. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT. ARTICLE II 2.1 2.2 AR TI CLE III 3.1 3.2 3.3 3.4 3.5 RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all supervisory personnel under BMS Case 92-PTR-1391 excluding the City Coordinator and all non supervisory employees. In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. DEFINITIONS UNION: Minnesota Teamsters Public and Law Enforcement Employee's Union, Local NO. 320. UNION MEMBER: A member of the Union.. EMPLOYEE: A member of the exclusively recognized bargaining unit. EMPLOYER: The City of Stillwater. UNION OFFICER: Officer elected or appointed by the Union. 3.6 PROBA TIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months from the date of hire). Probationary employees may be terminated at the sole discretion ofthe EMPLOYER. 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 or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V 5.1 5.2 AR TI CLE VI 6.1 6.2 6.3 6.4 EMPLOYER AUTHORITY 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 to this AGREEMENT. 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. UNION SECURITY The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179A.06, Subdivision 3, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 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. The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. UNION STEWARD. The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a reasonable amount of duty time 2 it annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. 6.5 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. AR Tl CLE VII 7.1 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 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 the AGREEMENT. UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives ofthe 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, as provided by Section 6.2 ofthis AGREEMENT. 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 employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a 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 of the EMPLOYER. 7.4 PROCEDURE 7.2 7.3 Grievances as defined in Section 7.1 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 calendar days after such alleged 3 ;. 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 in 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 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. 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 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 answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. 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. 7.5 ARBITRATOR'S AUTHORITY a. The arbitrator shall have not have the right to amend, modify, nullify, ignore, add to or subtract from the tenus and conditions ofthis 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 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 4 \ submitted in writing within thirty (30) days following the close of the hearing or the transmission 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 tenns of the AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's 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 or 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. 7 .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 written agreement of the EMPLOYER and the UNION in each step. ARTICLE VIII SA VINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision ofthis 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 void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX DISCIPLINE 9.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one 5 ,------- , or more ofthe following forms: a) oral reprimand; b) written reprimand; c) suspensIOn; d) demotion; or e) discharge. 9.2 Suspensions, demotions and discharges will be in written form. 9.3 Written reprimands, notices of suspension and notices of discharge which are to become 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. 9.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 9.5 Discharges of non-veterans will be preceded by a five (5) day suspension without pay. 9.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 9.7 Grievances relating to this Article shall be initiated by the UNION in Step 2 of the Grievance Procedure under Article VII. AR TI CLE X SALARIES Employees shall be paid in accordance with the attached salary and longevity pay schedules marked Appendix A (salary) and Appendix B (longevity pay). ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII 12.1 SICK LEAVE a. All full-time employees shall, after a term of employment of six (6) months, be qualified to receive payments on account of physical disability to work by reasons of sickness. For the purpose of this contract sickness shall include injury other than 6 , accident or injury arising out of and in the course of employment by the City. Sickness disability benefits shall be as follows: 1. Iftenn of employment has been six (6) months, but less than two (2) years, two (2) weeks at full pay. 2. If tenn of employment has been 2 to 5 years, full pay for four (4) weeks, half pay for nine (9) weeks. 3. Iftenn of employment has been 5 to 10 years, full pay for thirteen (13) weeks, half pay thirteen (13) weeks. 4. Iftenn of employment has been 10 to 15 years, full pay for thirteen (13) weeks, half pay for thirty-nine (39) weeks. 5. If tenn of employment has been 15 to 20 years, full pay for twenty six (26) weeks, half pay for twenty-six (26) weeks. 6. Iftenn of employment has been 20 to 25 years, full pay for thirty-nine (39) weeks, half pay for thirteen (13) weeks. 7. If tenn of employment has been 25 years or more, full pay for fifty-two (52) weeks. 12.2 No disability benefits shall be paid for absences in excess of three (3) consecutive days without a doctor's certificate as to sickness disability. 12.3 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 (l 0) years service shall earn sickness 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 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 for that portion of sick leave used during the month. 7 i 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 determine Employees term of employment. 12.4 Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, ifhe 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. 12.5 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 tim worked prior to his disability, but shall receive no service credit for the period of absence. 12.6 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 XIII SEVERANCE PAY Any employee who leaves the employ ofthe City by retirement, resignation or death shall receive pay for 100 percent (100%) of unused accrued vacation. Any employee who retires due to age or physical disability and are eligible to receive PERA 8 I - retirement benefits, shall receive one-half of unused disability benefits providing he or she had been employed with the City in a permanent, full time position for a period of not less than ten (10) years. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability as above provided but in no event shall such death benefit exceed twelve (12) weeks offull pay. Sick leave used and not replenished during the employment period shall be subtracted from the sick leave benefit schedule to arrive at unused sick leave balance. A week shall be construed to be five (5) working days. ARTICLE XIV 14.1 14.2 ARTICLE XV 15.1 HOLIDA YS Martin Luther King Day Memorial Day Labor Day Thanksgiving Day Christmas Day New Year's Day President's Day Independence Day Veteran's Day Day after Thanksgiving Christmas Eve Day or New Year's Eve Day When a holiday falls on a Sunday, the following Monday shall be a holiday and when a holiday falls on a Saturday, the preceding Friday shall be a holiday. To be eligible for holiday pay, employees must have been on paid status on the day before and the day after the holiday. Immediately preceding the 1 st anniversary date of employment the employee shall be entitled to one additional floating holiday. V ACA TION Employees shall be entitled to the following vacation schedule: From 0 thru 12 months employment 5/6 day per month From 1 year thru 4 years employment 10 days per year After 4 years thru 10 years employment 15 days per year After 10 years thru 15 years employment 20 days per year After 15 years One (1) additional day for each year up to twenty years for a maximum of 25 days. 9 AR TI CLE XVI 16.1 ]5.2 Vacation time not to exceed 80 hours may be used in the following calendar year unless authorized by employer. Vacation in excess of the allowable amount shall be paid on the second pay day in January at the rate of pay in effect at the end of the previous year. For the purpose of this Article, January 1 st immediately preceding the Employee's anniversary date of employment shall be used to determine employees term of employment. The Employer reserves the right to limit the length of a continuous vacation period for Employees covered by this agreement due to operational considerations. ]5.3 15.4 INSURANCE Effective January 1, 1996, the EMPLOYER will contribute up to Three Hundred and Fifty- five Dollars ($355.00) per month per employee toward employer's group health insurance coverage including dependent coverage. In the event the premium for dependent health insurance increases during 1996 the EMPLOYER shall contribute fifty percent (50%) of the 16.2 The EMPLOYER will provide a $20,000 term life insurance policy for each employee. Increase. AR TI CLE XVII 17. ] ]7.2 WAIVER 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. 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 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 of the parties at the time this contract was negotiated or executed. 10 , ARTICLE XVIII DURATION The AGREEMENT shall remain in full force and effect for a period commencing January 1, 1996 through December 31, 1996. In the event a new AGREEMENT is not in effect January 1, 1997, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. IN WITN~~_the parties hereto have executed this AGREEMENT on this ~ day 0 , 1996. FOR THE CITY OF STILL WATER: FOR THE STILL WATER PUBLIC MANAGER'S ASSOCIATION: II