Loading...
HomeMy WebLinkAbout1998-050RESOLUTION NO. 98-50 APPROVING 1998 LABOR AGREEMENT BETWEEN CITY OF STILLWATER AND LOCAL 517 COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Labor Agreement between the City of Stillwater Local 517, Council No. 14 of the American Federation of State, County and Municipal Employees, AFL-CIO, for the period January 1, 1998 through December 31, 1998, attached hereto as Exhibit "A" , is hereby approved. Adopted by Council this 3rd day of March, 1998. ay yor Attest: Morli eldon, City Clerk AGREEMENT BETWEEN THE CITY OF STILLWATER AND LOCAL 517 COUNCIL NO. 14 OF THE AMERICAN FEDERAL OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO JANUARY 1, 1998 -DECEMBER 31, 1998 TABLE OF CONTENTS Article Title P~ac e 1 Purpose of Agreement 1 I I Recognition 1 III Union Security 1 IV Hours of Work 2 V Part Time Employees 3 VI Holidays 3 VII Sick Leave 4 VIII Vacation 6 IX Severance Pay ~ X Leaves ~ XI Wages 8 X11 Overtime 9 XIII Grievance Procedures 9 XIV Seniority 11 XV Work Force 12 XVI Insurance 13 XVII General Provisions 13 XVIII Savings Clause 14 XIX Employer Authority 14 XX Employee Rights 14 XXI Discipline 15 XX I I Waiver 15 XXIII Termination 16 Appendix A 1998 salary schedule 17 Appendix B Longevity schedule 18 Exhibit C Working out of Classification 19 ARTICLE I. PURPOSE OF AGREEMENT. This agreement is entered into between the City of Stillwater hereafter called the EMPLOYER, and Local No. 517, American Federation of State, County and Municipal Employees, hereinafter called the UNION. The intent of 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 public service. Both parties recognize this AGREEMENT as a pledge of this decision. ARTICLE II. RECOGNITION. 2.1 The Employer recognizes the Union as the exclusive representative in a unit defined as: All employees of the City of Stillwater who are public employees within the meaning of Minnesota Statutes 179A.03, Subd. 14 excluding supervisory and confidential employees, essential employees, employees of the Stillwater Public Library Board and all employees of the Public Works Department and Parks and Recreation Department. 2.2 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 ARTICLE Ili. UNION SECURITY. 3.1 The Employer agrees to deduct the Union dues from the pay of those employees 1 who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a designated representative of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement, to the designated representative by the first of the succeeding month, after such deductions are made. Any fair share fee collected shall be processed in accordance with Minnesota Statutes 179.65, Subd. 2. 3.2 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. 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 EMPLOYER agrees to make space available on the EMPLOYER bulletin board for the posting of official UNION notice(s) and announcements. ARTICLE IV. HOURS OF WORK 4.1 The sole authority in work schedules is the EMPLOYER. The normal workday for a full-time employee shall be eight (8) hours. The normal workweek for afull-time employee shall be forty (40) hours, Monday through Friday. 4.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, or seasonal or annual basis other than the normal work schedule. The Employer will give seven (7) days advance notice to the employees effected by the establishment of workdays different from the employee's normal work schedule. 4.3 All employees shall be scheduled cone-half (1J2) hour unpaid lunch break. 4.4 All employees work schedules shall provide for at least one 15-minute rest period during each one-half shift. The rest period shall be scheduled at the middle of each one-half shift, whenever possible. Employees who are authorized to work beyond their regular quitting time shall receive a rest period if one is necessary due to length of overtime authorization. 4.5 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 workday be scheduled to work more than the workday. Each employee has an obligation to work overtime or call backs if 2 requested unless unusual circumstances prevent the employee from so working. ARTICLE V. PART TIME EMPLOYEES. 5.1 Part-time employees shall be eligible to earn all employee benefits on a pro rata basis according to the following schedule provided that such employees work regularly scheduled hours in each pay period, as opposed to being subject to call or to work when available. Average Work Hours Per Week Pro Rate Percentage of Benefits 14-24 24 - 35 36 or more 50 percent 75 percent 100 percent 5.2 Part-time employees shall be paid an hourly rate computed by dividing the full-time annual rate for which they would be eligible by 2,080 hours. 5.3 Part-time employees who become full-time employees shall be given credit for a forty (40) hour workweek for determining the salary step based on the length of service. 5.4 Employees employed by the employer on a seasonal or temporary basis for not more that 67 work days per calendar year either in a full time or part time capacity (more than 14 hours per week) will be paid a rate to be determined by employer for the term of their employment. Such employees will not be eligible for any benefits under this agreement. ARTICLE VI. HOLIDAYS. 6.1 Holidays with pay are defined as: New Year's Day January 1 Martin Luther King Day The third Monday in January Washington and Lincoln's Birthday The third Monday in February Memorial Day The last Monday in May Independence Day July 4 Labor Day The first Monday in September Veteran's Day November 11 Thanksgiving Day The 4th Thursday in November Day after Thanksgiving The fourth Friday in November Christmas Day December 25 Floating Holiday One per year Christmas Eve Day or New Year's Eve Day December 24 or December 31 3 Employees shall be eligible for holiday pay provided they are on paid status on the day before and the day after the holiday. 6.2 When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. 6.3 Christmas Eve or New Year's Eve will be a split work force. The schedule for these two (2) holidays to be approved by the Department Head. 6.4 During the first calendar year of employment any new employee must be hired before June 30th to be eligible to receive the floating holiday. Any new employee hired after June 30th shall be eligible to receive one-half (1/2) floating holiday. ARTICLE VII. SICK LEAVE. 7.1 Sick leave shall be earned by full-time employees at the following rates: a. From six (6) months to one (1) year, one (1) week at full pay. b. From one (1) year to two (2) years, one (1) additional day per month. c. From two (2) to five (5) years, four (4) weeks at full pay; nine weeks at half pay. d. From (5) to ten (10) years; thirteen (13) weeks at full pay; thirteen (13) weeks at half pay. e. From ten (10) to fifteen (15) years, thirteen (13) weeks at full pay; thirty-nine (39) weeks half pay. f. From fifteen (15) to twenty years, twenty-six (26) weeks at full pay; twenty-six (26) weeks at half pay. g. From twenty (20) to twenty-five (25) years, thirty-nine (39) weeks at full pay; thirteen (13) weeks at half pay. h. Over twenty-five (25) years, 52 weeks full pay. i. A week shall be considered to be five (5) working days. Sick leave benefits shall accrue on the January 1st immediately preceding the anniversary date of employment. 7.2 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 shall earn sickness disability leave at the rate of sixteen (16) hours for each month worked. c. Sickness disability leave time cannot be earned during the time an employee 4 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. 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. 7.3 Sick leave may be authorized for the following reasons ~rvith the limitations as specified: a. For illness or injury, dental or medical treatment for the employee. Sick leave usage by the employee may be subject to approval by the Department Head. The Employer may require verification for an absence of three days or more, from a recognized medical authority attesting to the necessity of the leave, ability to return to duty or other information deemed necessary. b. In the event a pregnant employee elects to resign her employment because of pregnancy, such employee will be paid for accumulated sick leave up to but not exceeding 15 work days. c. Sick leave use for serious illness of the employee's spouse, minor children or employee's parents living in the household shall be as established in the City's personnel policy. 7.4 Should illness occur while an employee is on vacation the period of illness may be charged to sick leave and the charge to vacation reduced accordingly. An employee requesting such a change may be required to submit a written statement from a physician attesting to illness and the period of disability. 7.5 Any employee receiving worker's compensation benefits because of job connected injury or sickness shat{, if he/she 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/her check, helshe will be paid for the difference between worker's compensation allowance and his/her regular weekly pay. Sick leave shall then be figured on a prorated 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 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 5 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/her disability, but shall receive no service credit for the period of absence. ARTICLE V111. VACATION. 8.1 All full-time employees shall be entitled to the following vacation schedule: From 0 through 12 months of employment From 1 year through 4 years of employment After 4 years through 10 years ofi employment After 10 years through 15 years of employment After 15 years A day is equal to eight (8) hours. 5/6 days per month 10 days per year 15 days per year 20 days per year One (1) additional day for each year up to twenty years for a maximum of 25 days. 8.2 Vacations shall be granted at the time requested by the employee upon approval of Department Head. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greater departmental seniority shall be given his choice of vacation period. 8.3 If a holiday occurs during the calendar week in which a vacation is taken by an employee, the employee's vacation used shall be reduced by one work day. 8.4 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. 8.5 Vacation may be taken in increments of less than a day with the approval of the Department Head. 8.6 Vacation time can be 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 (2nd) payday in January at the rate of pay in effect at the end of the previous year. 8.7 Vacation shall accrue on January 1st immediately preceding the anniversary date of employment. 6 ARTICLE IX. SEVERANCE PAY. 9.1 All permanent employees who leave the employment of the City because of retirement, resignation or death shall receive pay for 100 percent of unused accrued vacation and compensation time. 9.2 All permanent employees who retire due to age or physical disability and are eligible to receive PERA 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. 9.3 In the event of death while still employed, the surviving spouse, if any, of if no surviving spouse, minor children, if any, or employee's estate 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. ARTICLE X. LEAVES. 10.1 Funeral Leave a. An employee shall be granted a paid funeral leave of up to three (3) working days in each case of death of the immediate family. Immediate family shall be defined as the employee's spouse, children, parents, siblings, grandparents, grandchildren and shall include parents and siblings of the employee's spouse. Such leave shall not be deducted from any other accumulated leave. Additional leave days may be granted by the Employer, should the circumstances warrant the additional days. b. One day with pay shall be allowed in the event an employee is selected to be a pallbearer in a funeral. c. Emergency leave with pay for relatives not specified in 10.1 a. shall be as specified in the City's personnel policy. 10.2 Employees shall be granted a leave of absence with pay any time they are required to report to jury duty or jury service. All fees shall be returned to the Employer except those paid for duty on the Employee's normal day off and those for meals and mileage. Any hours not on jury duty shall be worked. 10.3 Notice. An employee using jury duty or funeral leave shall notify the Employer of such intent as soon as the necessity of such leave is known. 7 10.4 Unpaid leaves for a limited period, not to exceed six months, may be granted for any reasonable purpose, and such leaves may be extended or renewed for any reasonable period. Employees shall submit a written request for personal leave to the City Council. All personal leaves shall be without compensation. 1. Application for Leave. Any request for a leave of absence without pay shall be submitted in writing by the Employee to the Employer or his designee. The request shall state the reason the leave is being requested and the length of time off the employee desires. 2. Employees shall be returned to the position in their department if the leave is for sixty (60) days or less and to their classification in their department if the leave is in excess of sixty (60) days. 10.5 Union Business. Employees elected to a Local Union office or selected by the Union to do work which takes them from their employment with the Employer, shall at the written request of the Union be granted a leave of absence. 10.6 Materni Maternity leave, not to exceed six (6) months, shall be granted at the request of the Employee. 10.7 Educational. Leave of absence shall be granted in accordance with the personnel regulations. ARTICLE XI. WAGES. 11.1 Employees shall be paid in accordance with the attached salary and longevity pay schedules marked Appendix A-1 (Monthly Salary Schedule) and Appendix B (Monthly Longevity Pay Schedule). 11.2 Incumbent employees will move into the salary schedule in accordance with their length of service. 11.3 An Employee who is called to duty during the employee's scheduled off-duty time shall receive a minumum of two (2) hours pay at one-half (1 '/z) times the employee's base pay rate. An extension or early report to a scheduled shift for duty does not qualify for the two (2) hour minimum. 11.4 All permanent, full-time employees shall receive monthly longevity pay according to Appendix B. Longevity pay shall be based on employee's length of service with the Employer. 11.5 Employees who are required to work exclusively at a higher classification in this 8 Step 1. The Union Steward, with or without the employee, shall take up the grievance or dispute with the employee's immediate supervisor within ten (10) days of the employee's knowledge of its occurrence. The supervisor shall respond within five (5) workdays. Step 2. If the grievance is not settled in Step 1, it shall be referred in writing to the City Council, or their designee, within ten (10) working days after the designated supervisor's answer in Step 1. The Employer representative shall discuss the grievance within ten (10) working days with the employee and the Union representative at a time mutually agreeable to the parties. If the grievance is settled as a result of such a meeting, the settlement shall be reduced in writing and signed by the Employer representative and the Union. If no settlement is reached, the Employer representative shall give written answer to the Union within ten (10) days following their meeting. Step 3. If the grievance is not settled in Step 2 and the Union desires to appeal, it shall be referred by the Union in writing to the City Council or their designee within ten (10) working days after the Employer's response in Step 2. A meeting between the City Council or their designee, and the Union shall be held at a time mutually agreeable to the parties. tf the grievance is settled as a result of such a meeting, the settlement shall be reduced to writing and signed by the City Council or their designee and the Union. If no settlement is reached, the City Council or their designee shall give written answer to the Union within ten (10) working days following the meeting. Step 4. Arbitration. If the grievance is not settled in accordance with the foregoing procedure, either party may refer the grievance to arbitration within ten (10) working days after the Union's receipt of the Employer's written answer in Step 3, as provided in Minnesota Statutes, Section 179.70. 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. a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of the contract. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the City and the Employee and the Union, and shall have no authority to make a decision on any other issue not so submitted. 10 b. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs, by the parties, whichever be later, unless the parties agree to an extension. 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, ordinances or rules and regulations having the force and effect of law. The decision shall be based solely on the arbitrator's interpretation of application of the express terms of the Agreement and to the facts of the grievance presented. The parties may, by mutual written agreement agree to submit more than one grievance to the arbitrator provided that each grievance will be considered as a separate issue and each on its own merit. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the City and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for such a record. If both parties desire a verbatim record of the proceedings, the costs shall be shared equally. 13.5 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 therefore within the specified time limits or any agreed to extension, the employee and the Union may elect to treat the grievance as denied at that step and appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the City and the Union in each step. The term "working days" as used in this Article shall mean the days Monday through Friday, inclusive, exclusive of holidays. 13.6 Record. All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). ARTICLE XIV. SENIORITY. 14.1 Seniority means an employee's length of continuous service with the City and by job classification. 11 14.2 On January 1 and July 1, the Employer shall establish seniority lists showing the continuous service of each employee. A copy of the seniority lists shall be furnished to the Union when it is posted. 14.3 Breaks in Continuous Service. An employee's continuous service record shall be broken by voluntary resignation, discharge for just cause and retirement. 14.4 ProbationarLr periods. 1. All newly hired or rehired employees will serve a six (6) month probationary period. 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. 3. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. ARTICLE XV. WORK FORCE. 15.1 Any vacancy or newly created position in a department will be posted in a conspicuous place in all departments where employees within the bargaining unit work. Such notice shall be posted for at least five (5) workdays prior to filling such vacancy or newly created position. Whenever practicab{e, vacancies shall be filled from among the present employees in the department, giving first consideration to seniority and qualification. If it becomes necessary in filling a vacancy to bypass an employee's seniority, reasons for said denial shall be given in writing to such employee. No vacancy shall be reduced in classification by the Employer without first being offered in the bidding process. 15.2 A reduction of the work force will be accomplished on the basis of seniority and job classification provided all probationary and temporary employees in the classification(s) where the lay off occurs are laid off first. In the event of layoffs or a reduction of the work force, employees may exercise their seniority rights to a job classification of a higher, the same or lower pay within the bargaining unit provided that all job relevant qualifications between employees are equal. 15.3 Employees shall be recalled from layoff according to seniority and job classification. No new employee shall be hired for a job classification which a layoff has occurred until all employees on layoff status within that job classification have been given ample opportunity to return to work within twenty-four (24) months of said layoff. The City will notify employees on layoff to return to work by registered mail at the employee's last recorded address. The employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for reemployment. 12 ARTICLE XVI. INSURANCE. 16.1 Effective January 1, 1998, the Employer will contribute up to Three Hundred and Seventy-five dollars ($375.00) per month per Employee for group health insurance including dependent coverage. 16.2 The City shall provide a $20,000 fife insurance policy for all permanent employees. 16.3 Employees hired prior to December 31, 1988 and who retire after 10 continuous years of City service and who are eligible to receive PERA benefits shall be allowed to continue their medical insurance coverage at City expense until their death. If said employee provided dependent coverage for his/her spouse prior to his/her retirement, the City shall pay said dependent's coverage until death. 16.4 Dental. Ten dollars ($10.00) of the maximum may be utilized toward dental insurance. ARTICLE XVII. GENERAL PROVISIONS. 17.1 Neither the Union nor the Employer shall discriminate against any employee because of Union membership or nonmembership, nor because of age, race, creed, gender, color, religious belief, sexual or affectional preference. 17.2 The Employer agrees to recognize stewards and alternates as certified by the Union subject to the following stipulations: 1. Employee Union officers shall be granted a reasonable amount of time off without pay during work hours for union business, provided they notify their designated supervisor. 2. Nonemployee representatives of the Union shall be permitted to come on the premises of the Employer for the purpose of investigating and discussing grievances if they first notify the Employer's designee and provided the Union representative does not interfere with the work of the employees. 17.4 Work Rules. The Employer shall have the right to establish work rules and personnel policies which shall be equitably and uniformly applied. Prior to the effective date, any work rule or policy shall be posted on all bulletin boards for a period of ten (10) consecutive workdays. In addition, copies shall be furnished to the Union, and when effective, all existing rules and policies shall be furnished to all employees. New employees shall be furnished a copy of all work rules when hired. 17.5 City will provide all training required by the City at City expense. 13 17.6 Any subject matter placed in the Employee's personnel file which could be detrimental to the Employee's future promotion, transfer, present or future employment, shall be served upon the Employee in writing. Such matter shall be a proper subject for the grievance procedure. All materials in any Employee's file shall be available for the Employee's inspection. 17.7 Mifea4e. The City will reimburse Employees for the use of personal automobiles for authorized City business at the rate of 30 cents per mile. 17.8 The Employer shall provide required uniform articles and equipment to Secretary/Dispatchers and Community Service Officers. ARTICLE XVII1. SAVINGS CLAUSE. Should any article, section or portion thereof, of the Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified article, section or portion thereof directly specified in the decision; upon the issuance of such a decision, the parties agree immediately to negotiate a substitute for the invalidated article, section or portion thereof. ARTICLE XIX. EMPLOYER AUTHORITY. 19.1 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 functions not specifically limited by this Agreement. 19.2 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. 19.3 Prior to contracting out or subcontracting any work performed by Employees covered by the Agreement, the City agrees to meet and confer with the Union to discuss possible ways and means to minimize the elimination of positions covered by this Agreement. ARTICLE XX. EMPLOYEE RIGHTS. 20.1 Employees shall have the right, freely and without fear to penalty or reprisal by the Employer to join and participate in the Union. 14 20.2 Employees choosing to participate in the internal affairs of the Union as an officer, steward or other capacity, may do so without fear of reprisal by the Employer for such participation consistent with the Employee's job duties and responsibilities and the provisions of this contract. ARTICLE XXI. DISCIPLINE. 21.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one of the following forms: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Demotion; or e) Discharge. 21.2 Suspensions, demotions, and discharges will be in written form. 21.3 written reprimands, notices of suspension, notices of demotion 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. 21.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 21.5 Employees will not be questioned concerning an investigation of the disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 21.6 Grievances relating to this Article shall be initiated by the Union at step 3 of the grievance procedure under Article XIII (Grievance Procedures) of this AGREEMENT. ARTICLE XXI1. WAIVER. This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in the Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties 15 after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement or with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. ARTICLE XXi11. TERMINATION. This Agreement shall be effective as of the first day of January 1998 and remain in full force and effect through the 31st day of December 1998. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by November 1st that it desires to modify this Agreement. This Agreement shall remain in full force and effect during the period of negotiations or until notice of termination of the Agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date. The termination date shall not be before the anniversary date set forth in the preceding paragraph. ~ fl IN WITNESS WHEREOF, the parties hereto have set their hands this~~, day of rrt~t,C, , 1998. FOR THE UNION . _. ~ --~~~~, Council No. 14 Local 517 FOR THE CITY OF STILLWATER ay City Clerk 16 APPENDIX A MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 1998 Part time Employees After After After After 1040 2080 4160 6240 Hours Hours Hours Hours Full-time Employee Entry 6 mos. 1 Year 2 Years 3Years Asst. Finance Director 3183 3382 3581 3780 3979 Sr. Account Clerk 2424 2576 2727 2879 3030 Jr. Account Clerk 2073 2202 2331 2461 2591 Secretary 2354 2501 2648 2795 2942 Clerk/Typist 2021 2147 2273 2400 2526 Secretary/Dispatcher II 2424 2576 2727 2879 3030 Secretary/Dispatcher I 2382 2531 2680 2829 2978 Building Inspector 2706 2876 3045 3214 3383 Asst. Bldg. Inspector 2354 2501 2648 2795 2942 Janitor 1929 2049 2170 2290 2411 CSO 2073 2202 2331 2461 2591 Assistant Planner 2258 2400 2541 2682 2823 Planner 2826 3003 3180 3356 3533 Pking. Enforcement Off. 1875 1992 2110 2227 2344 Civil Engineer 3262 3466 3670 3874 4078 Engineering Tech. IV 3076 3268 3461 3653 3845 Engineering Tech. III 2746 2918 3090 3261 3433 Employees shall also receive longevity pay according to Appendix B 17 APPENDIX B MONTHLY LONGEVITY PAY SCHEDULE EFFECTIVE JANUARY 1, 1998 After After After After Part-time Employees 10,400 20,800 31,200 41,600 Hours Hours Hours Hours or or or or Full-time Employee 5 Years 10 Years 15 Years 20 Years Asst. Finance Director 79.00 159.00 238.00 285.00 Sr. Account Clerk 58.00 115.00 173.00 206.00 Jr. Account Clerk 49.00 101.00 150.00 181.00 Secretary 57.00 113.00 170.00 202.00 Clerk/Typist 49.00 102.00 150.00 181.00 Secretary/Dispatcher II 58.00 115.00 173.00 206.00 Secretary/Dispatcher I 57.00 113.00 170.00 202.00 Building Inspector 69.00 138.00 207.00 249.00 Asst. Bldg. Inspector 57.00 113.00 170.00 202.00 Janitor 48.00 98.00 146.00 176.00 CSO 49.00 101.00 150.00 181.00 Assistant Planner 57.00 113.00 170.00 202.00 Planner 70.00 140.00 210.00 252.00 Pking. Enforcement Off. 45.00 92.00 137.00 165.00 Civil Engineer 81.00 163.00 244.00 291.00 Engineering Tech. 1V 76.00 152.00 229.00 276.00 Engineering Tech. III 70.00 140.00 210.00 252.00 18 EXHIBIT C MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND AFSCME COUNCIL 517 REGARDING WORKING OUT OF CLASSIFICATION PAY SUBJECT: WORKING OUT OF CLASSIFICATION PAY PURPOSE: To define and delineate circumstances when an employee will receive compensation for the performance of duties in a higher classification than he/she normally performs. APPLICABILITY: The provisions of this policy apply to AFSCME Council 517 City of Stillwater employees. STATEMENT OF POLICY AND UNDERSTANDING: 1. Compensation for working out of classification is provided as monetary recognition to an employee for the assumption and performance of duties normally performed by an employee of higher classification. 2. The assumption and performance of the duties of the higher classification must encompass the full range of responsibilities of the higher classification. This shall not apply to temporary assignments which are made pursuant to prior mutual agreement between the employee and his or her immediate supervisor for the purpose of providing a training opportunity to the employee, for a mutually agreed upon period of time. 3. The performance of such duties must be for an extended period of time, wherein a need exists to fulfill the duties and responsibilities of the vacant position. An extended period of time is generally considered as an assumption of duties and responsibilities that will last in excess of ten (10) workdays. ~. Working out of classification compensation shall be allowed only after written recommendation of the department head and concurrence by the City Coordinator. Recommendation and designation shall be accomplished prior to the assumption of higher classification responsibilities. 19 5. The employee's compensation will be increased by 5% to the next highest step of the higher classification in which the employee is substituting. 6. When the temporary assignment is completed, the employee's salary will be readjusted to its previous level on the level where it would have attained, including general salary adjustment and within range increases, if the out-of-classification pay had not been made. The employee's date of hire and anniversary date will remain unchanged throughout the temporary assignment. 20