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HomeMy WebLinkAbout1998-051RESOLUTION NO. 98-51 APPROVING 1998 LABOR AGREEMENT BETWEEN CITY OF STILLWATER AND STILLWATER FIREFIGHTERS ASSOCIATION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association 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. J e, ayor Attest: Morli eldon, ity Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION January 1, 1998 through December 31, 1998 TABLE OF CONTENTS Article Page Preamble ..................................................................... ............................ 1 II Seniority ...................................................................... ............................ 1 Ili Sick Leave ................................................................... ............................ 2 iV Insurance ..................................................................... ............................3 V Severance Pay ............................................................ ............................ 4 VI Holidays ....................................................................... ............................4 VII Vacations ..................................................................... ............................4 VIII Uniforms ...................................................................... ............................6 IX Hours of Employment .................................................. ............................ 6 X Residential Requirements ............................................ ............................ 6 XI Extra Compensation .................................................... ............................ 6 XII Training ....................................................................... ............................ 7 XI I I Wages ......................................................................... ............................ 7 XIV Rules and Regulations ................................................. ............................ 8 XV Employee Rights -Grievance Procedure ..................... ............................ 8 XVI Employer Authority ...................................................... ............................ 9 XVII Duration ....................................................................... ..........................10 XVI I I Waiver ......................................................................... .......................... 10 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION ARTICLE 1 PREAMBLE This contract entered into as of January 1, 1998 between the City of Stillwater, Washington, County, Minnesota, hereinafter referred to as the City and the Stillwater Firefighter's Association, hereinafter referred to as the Association, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, hereinafter referred to as the P.E.L. R.A., is to provide the terms and conditions of employment for Firefighter's's's during the duration of this contract. In accordance with the P.E.L. R.A., the City recognizes the Association as the exclusive representative of Firefighter's's, hereinafter referred to as employee(s), employed by the City. The Association shall have all those rights and duties as established by the P.E.L. R.A. and in the provisions of this contract. ARTICLE II SENIORITY Section 1. Seniority shall be determined by the employee's length of continuous employment with the full time fire department and posted in an appropriate location. Seniority rosters may be maintained by the fire chief on the basis of time in grade and time within specific classifications. Section 2. All newly hired employees shall serve a probationary period of twelve (12} months from the effective date of hire. During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the employer. Section 3. A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. Section 4. Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal Section 5. Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. Section 6. One continuous vacation period shall be selected on the bases of seniority until March 1st of each calendar year. ARTICLE III SICK LEAVE Section 1. All full-time employees shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work 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 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. 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 as been 15 to 20 years -full pay 26 weeks; half pay 26 weeks. 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. Section 2. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. Section 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 shall earn sickness disability leave at the rate of two shifts 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 rate 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. Section 4. Any employee receiving Worker's Compensation benefits because of a 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 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. Section 5. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. Section 6. 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 when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accomplished 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. Section 7. For the purpose of this Article, the January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. ARTICLE IV INSURANCE Section 1. Effective January 1, 1998, the Employer will contribute up to Three Hundred and Seventy-five dollars ($375.00) per month per employee toward group health and long-term disability insurance including dependent coverage. Section 2. Ten dollars ($10) of the maximum may be utilized to provide an employee dental insurance program for all unit employees if the union notifies the employer that the unit employees desire such coverage. Section 3. The City shall provide and pay fora $20,000 term life insurance policy for each employee. ARTICLE V SEVERANCE PAY Section 1. One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten years of service with the City, but in no event shall severance pay exceed an amount equal to one (100) days pay. 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 has retired due to age or physical disability, as above provided, but in no event shall such death benefit exceed sixth (60) days of full pay. ARTICLE VI HOLIDAYS Section 1. Employees shall be entitled to eleven (11) paid holidays per year. Section 2. Holiday pay shall be made the first day of the month of December of each year. Section 3. The hourly rate for holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three (173) hours per month. Section 4. Holiday pay shall accrue on the January 1 immediately preceding the anniversary date of employment. Section 5. Immediately preceding the 1st anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. ARTICLE VII VACATIONS Section 1. Permanent employees shall be entitled to vacations according to the following schedule: 4 Employees hired after January 1, 1998 After 1 year up to 2 years service After 2 years up to 5 years of service After 5 years up to 10 years of service After 10 years up to 15 years of service After 15 years of service Employees hired prior to January 1, 1998 After 1 year up to 2 years of service After 2 years up to 5 years of service After 5 years up to 10 years of service After 10 years up to 15 years of service After 15 years of service Based on 40 hr Work Week one week two weeks three weeks four weeks one additional day per year of service up to twenty years for a maximum of 25 days one week two weeks three weeks four weeks one additional day per year of service up to twenty years for a maximum of 25 days Based on 56 hr. Work Week three shifts six shifts nine shifts twelve shifts one additional shift up to 15 years of service to a maximum of 15 shifts three shifts six shifts nine shifts one additional shift up to 15 years of service fifteen shifts Section 2. Employees shall take vacations in units of not less than one week's duration unless authorized by the appropriate fire department supervisor. Section 3. For the purpose of the Article, January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine employees term of employment. 5 Section 4. Vacation time not to exceed 80 hours or six shifts may be used in the following calendar year unless authorized by department supervisor. 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. ARTICLE VIII UNIFORMS Section 1. The City shall provide required uniform articles and equipment. ARTICLE IX HOURS OF EMPLOYMENT Section 1. The basic work week for afull-time employee shall be fifty-six (56) hours per week. ARTICLE X RESIDENTIAL REQUIREMENTS Section 1. Employees hired after the date of this agreement shall establish a permanent, bonafide residence which requires not more than fifteen (15) minutes of driving time from the residence to employment at speeds not in excess of posted limits, serviced by ali weather roads . ARTICLE XI EXTRA COMPENSATION Section 1. Employees shall be compensated in excess of their regular pay for callbacks, filling in for employees on vacation or sick leave, filling in for employees away at training schools or other duty outside their normal shifts. Extra compensation for filling in for absent employees shall be on a daily basis computed by dividing the monthly pay by the number of days worked. Other extra duty shall be paid as follows: a. For callback and filling in for men away at training schools, the compensation shall be at time and one-half with two hour minimum guarantee. Any additional time worked beyond the second hour shall be calculated on the one half hour. b. For extra duty at the fire station (night duty), Five dollars ($5) for each night. c. Employees requesting in writing to the employer to receive compensatory time off in lieu of paid over-time as established in Section 1.(b) of this Article shall be allowed such compensatory time of at a time that is mutually acceptable between the employee and employer. An compensatory time not taken off by December 31 of each calendar year shall be paid off by that date unless employer allows the time to be carried over to the next year. ARTICLE XII TRAINING Section 1. City will provide a!I training required by the City at the City's expense. ARTICLE XIII WAGES Section 1. The following wage schedule shall apply: Start Six months to one year One year to two years Two years to three years Three years Captain Effective January 1,1998 $3,031 $3,101 $3,331 $3,381 $3,449 $3,621 Section 2. The average work year is 2912 hours for employees whose schedule provides for 24 hour shifts, which shall average 56 hours per week 3 hours of which is compensated at one and one-half times the hourly rate in accordance with the Federal Fair Labor Standards Act. Section 3. The employees shall be paid a monthly longevity bonus according to the following longevity pay schedule: After 5 years of employment After 10 years of employment After 15 years of employment After 20 years of employment $ 70 per month $140 per month $ 210 per month $ 252 per month If an employee becomes eligible to receive longevity pay for only a portion of a month, the 15th of the month shall be used as a cut-off date to determine the amount of longevity pay to be received for the month. If an employee becomes eligible on or prior to the 15th, the employee shall receive the full amount whereas eligibility after the 15th shall result in one-half of amount. Section 4. Employees shall be paid on the Friday of every second week constituting 26 pay days per year. Section 5. Compensation for extra duty shall be computed at the end of each pay period. ARTICLE XIV RULES AND REGULATIONS Section 1. Rules and regulations governing the Department of Public Safety shall govern the conduct of the Fire Department employees and shall be the determining cause for suspension of an employee or termination of this employment. ARTICLE XV EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE Section 1. Definition of a Grievance. A grievance is defined as a disagreement as to the interpretation or application of the specific terms and conditions of this contract. Section 2. Association Representatives. The City will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the City in writing of the names of such Association Representatives and of their successors when so designated as provided by this contract. Section 3. Processing of a Grievance. It is recognized and accepted by the Association and the City 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 an Association 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 that the employee and the Association 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. Section 4. Procedure. Grievances shall be resolved in conformance with the following procedures: a. An employee claiming a violation concerning the interpretation or application of this contract shall, within 21 calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the employer. The employer designated representative will discuss and give an answer to such Step 1 grievance within 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 contract allegedly violated, the remedy requested and shall be appealed to Step 2 within ten calendar days after the employer designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within 10 calendar days, shall be considered waived. b. If appealed, the written grievance shall be presented by Association and discussed with the employer designated Step 2 representative. The Employer designated representative shall give the Association the Employer's Step 2 answer in writing within 10 calendar days shall be considered waived. c. If appealed, the written grievance shall be presented by the Association and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Association the Employers answer in writing within 10 calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following the employer designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within 10 calendar days shall be considered waived. d. A grievance unresolved in Step 3 and appealed to Step 4 by the Association 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. ARTICLE XVI EMPLOYER AUTHORITY Section 1. The Association recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with existing and future laws and regulations of the appropriate authorities including state laws and regulations and local personnel policies and work rules. The prerogatives or authority which the City has not officially abridged, delegated or modified by this contract are retained by the City, such as, but not limited to: Direct employees. 2. Hire promote, transfer, assign, retain employees in positions and to suspend, demote, discharge or take disciplinary action against employees. 3. Relieve employees from duties because of lack of work or other legitimate reasons. 4. Maintain the efficiency of the government operations. 5. Determine the methods, means, job classifications and personnel by which such operations are to be conducted. 6. Take whatever actions may be necessary to carry out the missions of the agency in situations of emergency. 7. Determine reasonable schedule of work and establish the methods and processes by which such work is performed. ARTICLE XVII DURATION Section 1. This agreement shall remain in full force and effect for a period commencing January 1, 1998 through December 31, 1998. In the event a new agreement is not in effect on January 1, 1999, all compensation, working conditions and benefits shall remain in effect as set forth in this agreement until a successor agreement is effected. ARTICLE XVI11 WAIVER Section 1. Any, 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. Section 2. The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition or 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 any and all terms and conditions of employment referred to or. covered in the 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 ,~ D IN WITNES~ WHEREOF, the parties hereto have set their hands this 3 day of rn n ~ , 1998. FO E ASSOCIATION: President ~ ,. ~ FOR THE CITY OF STI LWATER: ~,~ Mayor City Clerk 11