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HomeMy WebLinkAbout3F. Approve 2011-2012 Local 70 Labor AgreementC Hof 3F Far cult Request for Council Action TO: Mayor and City Council THROUGH: Terry J. Berg, Deputy City Administrator /Finance Director FROM: Michelle Mahowald, Human Resources Manager MEETING DATE: May 10, 2011 SUBJECT: 2011 -2012 Local 70 Labor Agreement Background: The City negotiating team and Local 70 representatives had Mediation on April 18, 2011. A tentative agreement was agreed upon by the parties. Union membership voted and accepted the tentative agreement on May 2, 2011. Terms of the agreement follow the pattern approved for employees covered by Teamsters 320 Police and Fire Support Services Unit, Teamsters 320 Supervisory Unit, Law Enforcement Labor Services, and Non -union resolution 2010 -223. • Two year agreement • 0% on wages both years • Employer contribution toward health insurance premiums maintain at 2010 amounts for both years. $1,000 per month toward family coverage, $724 per month for single plus one dependent coverage, and $353 per month for single coverage. Employees electing the H.S.A. health insurance plan for 2011 will receive a one -time contribution of $1,200 to be placed in the employee's health savings account on January 1, 2011. Employees electing the H.S.A. health insurance plan for 2012 will receive a one -time contribution of $1,200 to be placed in the employee's health savings account on January 1, 2012. • $500 health reimbursement account for employees waiving health insurance coverage. • Definitions Article added to Labor Agreement. Recommendation: Approve 2011 -2012 Local 70 Labor Agreement Attachment: 2011 -2012 Local 70 Labor Agreement COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF FARIBAULT l INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 70 CONTRACT PERIOD — January 1, 2011 to December 31, 2012 PREAMBLE This contract is entered into by and between the City of Faribault, Faribault, Minnesota, hereinafter referred to as the City, and Local #70, International Union of Operating Engineers, hereinafter referred to as the Union. 2 TABLE OF CONTENTS ARTICLE I DEFINITIONS ........................................................................... ............................... 5 ARTICLE II RECOGNITION ........................................................................ ............................... 5 ARTICLE III PURPOSE ............................................................................... ............................... 5 ARTICLE IV MANAGEMENT RIGHTS .................................................... ............................... 5 ARTICLE V UNION RIGHTS ...................................................................... ............................... 6 Section 1 Non - Interference .................................................... ..............................6 Section 2 Non - Discrimination ................................................. ..............................6 Section 3 Bulletin Board ......................................................... ..............................6 Section 4 Dues Deduction ..................................................... ..............................6 ARTICLE VI DISCIPLINARY ACTION ..................................................... ............................... 7 Section 1 Normal Procedure .................................................. ..............................8 ARTICLE VII GRIEVANCE PROCEDURE ................................................ ............................... 9 Section1 Definitions .............................................................. ..............................9 Section 2 Processing/ Procedure ........................................... .............................10 Section3 Waiver ................................................................... .............................11 ARTICLE VIII ARBITRATION PROCEDURE ......................................... ............................... 11 Section1 Purpose ................................................................. .............................11 Section2 Selection ............................................................... .............................11 Section 3 Arbitrator's Decision .............................................. .............................12 Section 4 Arbitrator's Cost .................................................... .............................12 Section 5 Arbitrator's Authority .............................................. .............................12 Section 6 Arbitration Information ........................................... .............................12 Section 7. Choice of Remedy 13 ARTICLE IX WORK INTERRUPTIONS .................................................. ............................... 13 ARTICLE X SENIORITY ............................................................................ ............................... 14 SectionI Definition ................................................................ .............................14 Section 2 Loss of Seniority ................................................... .............................14 Section 3 Layoff /Recall ......................................................... .............................14 Section 4 Benefits While on Layoff ....................................... .............................15 ARTICLE XI PROBATIONARY EMPLOYEES ....................................... ............................... 15 ARTICLE XII SAFETY .............................................................................. ............................... 16 ARTICLE XIII PHYSICAL FITNESS ........................................................ ............................... 16 ARTICLE XIV HOURS OF WORK AND OVERTIME ............................ ............................... 16 Section I Work Week / Day ..................................................... .............................16 Section 2 Rest Breaks .......................................................... .............................16 Section 3 Overtime - Compensatory Time ............................ .............................16 Section 4 Call Back Pay ........................................................ .............................17 ARTICLE XV AUTOMOBILE USE ........................................................... ............................... 17 ARTICLE XVI PER DIEM PAY ................................................................ ............................... 17 ARTICLE XVII HOLIDAYS ...................................................................... ............................... 18 Section I Holiday Schedule ................................................... .............................18 Section 2 Floating Holidays ................................................... .............................18 Section3 Holiday Pay ........................................................... .............................18 Section4 Weekend Holiday .................................................. .............................18 3 ARTICLE XVIII VACATION ..................................................................... ............................... 18 Section I Vacation Schedule ................................................. .............................18 Section 2 Vacation Accumulation ......................................... .............................19 ARTICLE XXVI VACANCIES ................................................................... ............................... Section 3 Vacation Schedule ................................................ .............................19 Section4 Bus Drivers ............................................................ .............................19 ARTICLE XXVII SAVINGS BONDS ......................................................... ............................... ARTICLEXIX INSURANCE ..................................................................... ............................... 20 Section I Hospitalization ........................................................ .............................20 30 Section 2 Retired Hospitalization .......................................... .............................20 ARTICLE XXXI SAVINGS CLAUSE ........................................................ ............................... Section 3 Dependent Health Claims ..................................... .............................20 32 Section 4 Health Care Account ............................................. .............................21 Section 5 Life Insurance ....................................................... .............................21 Section 6 Long Term Disability ............................................. .............................21 ARTICLEXX LONGEVITY ........................................................................ ............................... 21 ARTICLE XXI LEAVE OF ABSENCE ........................................................ ............................... 22 SectionI Sick Leave .............................................................. .............................22 Section 2 Emergency Leave ................................................. .............................24 Section3 Jury Duty ............................................................... .............................24 Section 4 Funeral Leave ....................................................... .............................24 Section5 Military Leave ........................................................ .............................25 Section 6 Personal Leave ..................................................... .............................25 ARTICLE XXII TERMINATION CONSIDERATION ................................ ............................... 25 Section1 Sick Leave ............................................................ .............................25 Section2 Vacation ................................................................ .............................25 ARTICLEXXIII UNIFORMS ....................................................................... ............................... 26 ARTICLE XXIV TRANSFERS .................................................................... ............................... 26 ARTICLEXXV WAGES ............................................................................. ............................... 26 Section 1 Probationary/Starting Wages ................................ .............................26 Section 2 Contract Rates ....................................................... .............................27 Section 3 Out -of- Classification Pay ....................................... .............................29 ARTICLE XXVI VACANCIES ................................................................... ............................... 29 SectionI Job Posting ............................................................ .............................29 Section 2 Filling Positions ..................................................... .............................30 ARTICLE XXVII SAVINGS BONDS ......................................................... ............................... 30 ARTICLE XXVIII NEW ORDINANCES .................................................... ............................... 30 ARTICLE XXIX REGULAR PART - TIME ................................................. ............................... 30 ARTICLE XXX AGREEMENT OF THE PARTIES ................................... ............................... 30 ARTICLE XXXI SAVINGS CLAUSE ........................................................ ............................... 31 ARTICLE XXXII DURATION ..................................................................... ............................... 32 ARTICLE 1 — DEFINITIONS 1.1 Union: International Union of Operating Engineers, Local No. 70. 1.2 Union Member: A member of International Union of Operating Engineers, Local No.70. 1.3 Employee: An employee of the City of Faribault and a person occupying a position in the bargaining unit for which International Union of Operating Engineers, Local No.70 is the exclusive representative. 1.4 Employer: The City of Faribault or the City. 1.5 Union Officer: An officer elected or appointed by International Union of Operating Engineers, Local No.70. 1.6 Union Steward: A representative designated by this Union to represent each department of the City covered by this collective bargaining agreement. ARTICLE II RECOGNITION The City recognizes Local 70, International Union of Operating Engineers as the exclusive representative for all employees of the City of Faribault in accordance with Minnesota Statutes 179A14, excluding supervisory, confidential, professional, nonunion, and all employees of the Police and Fire Department. ARTICLE III PURPOSE This contract is drawn in order to achieve and maintain a harmonious relationship between the City and the Union in order to (a) maintain and increase individual efficiency and quality of service, (b) to avoid interruptions or interference with the efficient operations of the City, (c) to express the complete agreement between the City and the Union, (d) to provide for equitable and peaceful adjustments of differences which may arise, and (e) to establish an agreement with respect to terms and conditions of employment. ARTICLE IV MANAGEMENT RIGHTS It is understood and agreed that management possesses the sole right to operate the City and all management rights reposed in it, but that such rights must be exercised consistently with other provisions of this contract. 5 Existing customs and practices shall not in any way restrict the rights of management. These rights include but are not limited to the following: to set work schedules; to change methods of operation; to assign job duties; to increase production standards; to require reasonable overtime; to establish reasonable work rules and regulations; to assign supervisors to work performed by employees in the bargaining unit in critical situations; to discipline or discharge; to direct the work forces; to hire, assign or transfer employees; to determine the methods and the number of personnel needed to carry out the mission of the City as determined by the City; to introduce new or improve methods, equipment, or facilities; and to determine the composition of the force to complete overtime work. ARTICLE V UNION RIGHTS Section 1 Non - Interference The City will not interfere with, restrain, or coerce employees in the exercise of their rights. The Union will not interfere with or restrain any management personnel in the exercise of their management rights. Section 2 Non - Discrimination The City will not discriminate against any employees in regard to the terms and conditions of employment because of Union activities. The City and the Union agree that they shall not discriminate against any person because of race, creed, color, sex, or age and that such persons shall receive the full protection of this contract. Section 3 Bulletin Board The City agrees to have available at reasonable times, facilities for the purpose of conducting Union meetings and further agrees to furnish and maintain space for a suitable bulletin board in the Public Works Department to be used by the Union. The Union shall limit its posting of notes and bulletins to such bulletin board. The Union will not allow any material to be placed on the bulletin board urging or dramatizing statements or ideas which tend to interfere with management in the exercise of its rights. Section 4 Dues Deduction The City agrees to deduct, once monthly, from the respective employees' wages an amount sufficient to provide payment of dues established by the Union, provided that the particular employee from whose wage such a deduction is made, has 6 authorized such deduction by a written instrument signed by the employee and furnished to the City. The City agrees to remit such amount so deducted, monthly, to the appropriate designated officers of the Union. The Union agrees to provide the City with a minimum of 30 days notice of any change in the rate of the amount to be withheld. The Employer will deduct fair share in accordance with the State Statute. ARTICLE VI DISCIPLINARY ACTION Any employee whose performance is found to be below known standards established by the City or who violates any part of this contract, or who refuses to adhere to rules and regulations established by the City shall be subject to discipline. Employees shall have the right to request an opportunity to discuss the reprimand with their immediate supervisor. If an employee commits a similar or related offense a second time within five (5) years from the date of the first offense, the City shall have the right to discharge the employee immediately or to impose any lesser penalty it chooses. If an employee does not receive a reprimand a second time for a similar or related offense, the first reprimand shall be removed from the employee's file after five (5) years. The City may discharge any employee immediately without benefit of the normal reprimand procedure, for misconduct. Examples of misconduct include but are not limited to the following: The employee has: (a) been convicted of a felony, (b) failed to obey any proper order or directive given by a superior supervisor, determined to be gross insubordination (c) been found drinking on the job, (d) knowingly falsified any report, (e) taken any fee, gift, or other valuable thing in the course of his /her work or in conjunction with it from any citizen, for his /her personal use, (f) participated in an illegal strike, (g) been found physically fighting on the job, (h) stolen City property or the property of fellow employees, (i) intentionally taken action which would endanger the public or fellow workers. 7 Section 1 Normal Procedure The normal disciplinary procedure shall be as follows: A. Oral reprimand B. Written reprimand C. Suspension or Demotion D. Discharge Reprimands for initial minor infractions, irregularities, or deficiencies shall not be done in a willfully malicious manner so as to cause embarrassment to the employee before other employees or the public. When any disciplinary action more severe than an oral reprimand is taken, the Employer shall, notify the employee and the Union in writing of the specific reason(s) for such action (failure to notify the Union will not affect the City's or employee's rights in the grievance process), prior to the completion of the employees next regularly scheduled work day. An employee has the opportunity to have a Union Representative present during an investigation that results in disciplinary action against the employee. The affected employee or the Union Steward shall have the right to take up a suspension, discharge, or demotion as a grievance at the third (3rd) step of the grievance procedure and the matter shall be handled in accordance with the grievance procedure. Except in cases of misconduct, discharge of an employee shall be preceded by suspension without pay for ten (10) working days. The contents of an employees personnel office record shall be disclosed to the employee upon request and to the employee's Union Representative upon the written request of the employee. The City may expedite the above disciplinary procedure by eliminating the oral reprimand in such circumstances where an employee has displayed a repeated pattern of behavior which is inconsistent department policy or the purpose of this contract. When any disciplinary action more severe than an oral reprimand is taken, the Employer shall verbally notify the employee of the disciplinary action, prior to the completion of the employees next regularly scheduled work day. The verbal notice shall be followed with written notice within five (5) days. ARTICLE VII GRIEVANCE PROCEDURE Section 1 Definitions For the purpose of this article, the following definitions shall apply: Subd. 1. A "grievance" shall mean a dispute or disagreement as to the interpretation or application of any term or terms of this contract. All grievances must be filed in writing to the appropriate departmental supervisor within ten (10) work days from the date of the infraction of the contract by management personnel. Subd. 2. The term "days" means calendar days excluding Saturdays, Sundays, and any days designated by this Agreement or by Minnesota Statutes as holidays. Subd. 3. In "computing any period of time" prescribed or allowed by procedures herein, the date of the act, or event giving cause for the grievance shall not be included. Subd. 4. The day in which the "act or event giving cause" for the grievance to be filed shall be considered the day or days in which the grievance occurred or the day in which the employee filing the grievance should have been aware of the Act or Event. Subd. 5. The "filing or service" of any notice or document herein shall be timely if it is personally served or if it bears a certified postmark of the United States Postal Service within the time period allowed. Subd. 6. "Reduced to writing" means a written statement outlining the nature of the grievance, the provision(s) of the contract in dispute, and the relief requested. 9 Subd. 7. "Answer" means a written response outlining the party's position on the grievance. Section 2 Processing/Procedure The employee shall attempt to settle the dispute with his /her immediate supervisor immediately and upon failing to receive satisfaction shall proceed with the following grievance procedure. All grievances must be filed in writing to the appropriate departmental supervisor within ten (10) days from the date of the alleged infraction of the contract by management personnel. Step 1 The employee or the Union shall file a written grievance with the appropriate City Department Head. The filing of the grievance shall take place within ten (10) days from the date of the alleged infraction. The Department Head will render a decision in writing to the Union within ten (10) days of the receipt of the grievance. All grievances must be reduced to writing stating sections of the contract that management personnel are alleged to have violated and the action or relief sought. Step 2 If the Union or employee does not wish to accept the Department Head's answer, the Union or employee may appeal the grievance to the City Administrator within ten (10) days of the Department Head's response. The City Administrator shall provide a written answer to Union within ten (10) days of receipt of the grievance by the City Administrator or his /her designee. Step 3 If the City Administrator's answer is not satisfactory, the Union may file a copy of the grievance and an explanation of the action sought with the designated representative (Mayor or City Administrator) of the City Council within ten (10) days of the Union's receipt of the City Administrator's answer. The City Council shall answer the grievance appeal within ten (10) days of receipt of the grievance from the Union. If the City Council's answer is not satisfactory, either party may petition for state mediation and the Union may institute the arbitration procedure within this contract; 10 however, the Union must notify the City of its intent to go to mediation ten (10) days after receipt of the City Council's response. If the State Mediator's response is not satisfactory, the Union may institute arbitration proceedings but must notify the City Council within ten (10) days after receipt of the Mediator's response. Section 3 Waiver Subd. 1 If the Union fails to respond within time limits established in the procedure, the grievance shall be deemed settled and the City's last answer shall prevail. If the City fails to answer in accordance with the schedule in the grievance procedure, the grievance shall be deemed settled and the relief sought shall have been deemed agreed to by the City. Subd. 2. The grievance may be withdrawn by the aggrieved person at any level in writing without prejudice. Subd. 3. The time limits may be extended by mutual written agreement. Section 1 Purpose Any dispute which has remained unresolved through the grievance procedure of this contract may be submitted to arbitration. Section 2 Selection Should the Union and Employer representatives be unable to agree on an Arbitrator within ten (10) days of the issue being submitted to arbitration, the grieving party shall request the Bureau of Mediation Service to submit a list of arbitrators. The Employer and Union shall alternately strike names until one (1) name remains and that person will be the arbitrator. A toss of the coin will be used to determine which party will strike the first name. 11 Section 3 Arbitrator's Decision The Arbitrator shall make their findings known simultaneously to the City and to the Union. The decision of the Arbitrator shall be final and binding on both parties. Section 4 Arbitrator's Cost The cost of the arbitrator shall be borne equally between the City and the Union. The cost of a court reporter shall be borne by the party requesting the court reporter provided if both parties desire a verbatim record of the proceedings, the cost shall be shared equally. All other expenses incurred by either party shall be borne by the respective party. Section 5 Arbitrator's Authority The Arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to this agreement. The Arbitrator's authority shall be limited to the extent that it may only consider and decide the particular issue or issues presented to it by the City and /or Union. Disputes or differences regarding the negotiable issues are expressly not subject to arbitration. Section 6 Arbitration Information Upon appointment of the Arbitrator, both parties shall, within ten (10) days, of the arbitration hearing, submit to the other party the following: A. The issues involved. B. Statement of the known facts. C. Position of the party for resolution of dispute. D. The name and credentials of the person who will be presenting the party's position at the arbitration hearing. The Union and Employer agree not to withhold from the other any relevant information they intend to use in the arbitration hearing. Both parties also recognize that all relevant information needs to be presented to assure a fair decision and, therefore, is not intended to restrict the use of information that was M not known or overlooked at the time of the submission of information. Both parties agree they will notify the other of new information which becomes available when reasonably possible. A party may not change the person selected to present their position at the arbitration hearing if the hearing is scheduled to occur within ten (10) days, unless both parties mutually agree to the change. If, after ten (10) days, one (1) party notifies the other of a change in the person presenting their position, the other party may have an additional two (2) days in which to make a change of the person presenting their position. Section 7. Choice of Remedy. If the grievance involves the suspension, demotion or discharge of an Employee who has completed the required probationary period, and the Grievant has the right to pursue 'a Civil Service or Veteran's preference claim, the grievance may be appealed either to Step 4 of this Article or to the Civil Service or Veteran's Preference forum. If appealed to the Civil Service or Veteran's preference forum, the grievance is not subject to the arbitration procedure as provided in this Article and the Employee shall have waived the Employee's right to arbitrate pursuant to this Article. ARTICLE IX WORK INTERRUPTIONS Neither the Union, its officers or agents, nor any employees covered by this agreement will engage in, encourage, sanction, support, or suggest any strikes, slow downs, mass resignations, mass absenteeism, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part of the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. In the event that any employee violates this article, the Union shall immediately notify any such employee in writing to cease and desist from such action and shall instruct them to immediately return to their normal duties. Any or all employees who violate any of the provisions of this article may be disciplined. In any arbitration proceeding involving breach of this clause, the sole question for the Arbitration Board is whether the employee engaged in the prohibited activity. 13 ARTICLE X SENIORITY Section 1 Definition Seniority shall be defined as an employee's length of continuous service with the Bargaining Unit, dating from his /her last date of hire. Section 2 Loss of Seniority Seniority in the bargaining unit shall be broken and terminated if an employee: (1) quits; (2) is discharged; (3) is absent from work for three (3) consecutive work days without notification to the City; (4) is laid off and fails to report to work within three (3) working days after having been recalled; (5) is absent from work for any reason for twelve months except on authorized unpaid leaves of absence; (6) fails to report for work at the termination of any leave of absence; (7) accepts other full -time employment while on any leave of absence; (8) retires; or (9) leaves the Bargaining Unit for any position outside of the Unit. Section 3 Layoff/Recall Layoffs shall be accomplished by division on the basis of seniority within a classification, with the least senior employee within a classification being laid off first (within the full -time or part -time groups respectively). The least senior employee within a classification subject to layoff may displace ( "bump ") any employee with less total City seniority in a lower paid classification within the employee's division, providing the employee is qualified to perform the duties of the lower paid classification. It shall be the responsibility of the employee in layoff status to keep a current address and phone number on file with the City for purposes of recall. A minimum of thirty (30) days advance notice shall be provided to any employee to be laid off. The notification of recall or layoff shall be provided by the City by registered or certified mail. The City must notify the Union and the employees of a layoff at the earliest opportunity. 14 Employees on layoff status (up to one year) will be recalled on the basis of the most senior employee within the division and within the classification being recalled first. No new hires shall be made until all employees on layoff status are given an opportunity for recall. Section 4 Benefits While on Layoff Vacation will not accrue during the layoff period. An employee may utilize any vacation accrued as of the effective date of the layoff. The employee may not "cash in" the total of accrued vacation unless the employee elects to permanently separate from the City. Sick leave will not accrue during the period of layoff. The employee may not utilize sick leave during the layoff period. The employee may not "cash in" accrued sick leave unless permanently separating from the City's employment. Health (both individual and dependent), Life and Long Term Disability insurance coverage will be available to the employee for the length of time determined by federal and state law. Health, life and long term disability insurance coverage shall remain in effect upon payment to the City of Faribault in an amount equal to the cost of such coverage provided insurance coverage is not available due to other employment while on layoff. Payments must be made by the 20th of each month for which coverage is anticipated for the succeeding month. Seniority will continue up to a maximum of one year. Seniority will be broken if the employee fails to report within three working days after having been recalled to full -time status or elects to separate from the City employment by "cash in" of accrued sick leave or vacation. Years of full -time service (seniority) shall be credited for purpose of part -time wage determination. However, part -time seniority after one year will not be credited upon recall to full -time status. No other benefits other than those represented above shall accrue to employees while on layoff status. ARTICLE XI PROBATIONARY EMPLO All employees, upon commencing full time service with the City, shall serve a probationary period of one year. The wages of all probationary employees will be 15 in accordance with the provisions provided in the section on wages. Employees shall have no seniority until they have completed their probationary period. Upon completion of the probationary period, the employee shall be credited with seniority dating from the date of employment with the City in the Bargaining Unit. The terms of this contract shall not apply to any probationary employee with the exception of the provisions provided in the section on wages and provisions of this section. Probationary employees shall receive no fringe benefits except health insurance, sick leave, and holidays, until completion of their probationary period. Upon completion of the probationary period, employees shall receive all fringe benefits retroactive to the date of hire. ARTICLE XII SAFETY All employees shall comply with safety and health regulations established by the City. ARTICLE XIII PHYSICAL FITNESS The City may require a physical examination prior to beginning employment and annually thereafter. The City may require health examinations during the year in cases where the City believes an employee may have health problems which may jeopardize his /her health or life or that of his /her fellow employees. The City shall pay for those physical examinations it requires. ARTICLE XIV HOURS OF WORK AND OVERTIME Section 1 Work Week/Day The Standard work week for all full -time employees will consist of forty (40) hours composed of five (5) consecutive eight (8) hour days, Monday through Friday except where otherwise required in a six or seven day operation. The standard work day shall consist of eight (8) consecutive hours (excluding unpaid lunch break) between 12:01 a.m. and midnight, except for bus drivers. Section 2 Rest Breaks Each employee shall receive two (2) fifteen (15) minute rest breaks with pay and one (1) lunch break without pay per eight (8) hour shift. Section 3 Overtime - Compensatory Time IN The City has a right to schedule overtime work as required in a manner most advantageous to the City and consistent with the requirements of municipal employment and the public interest. All work required by the City in excess of the number of hours in the standard work week or work day shall be considered overtime. All overtime work shall be compensated for at the rate of one and one - half (1 V2) times the hourly rate of the employee. The City will attempt to equally distribute overtime among employees in the same position. Any hours worked by bus drivers on Sundays shall be considered overtime (unless the City determines that Sunday service is added to the standard mass transit schedule). The City will allow accumulation of compensatory time for time off instead of payment of overtime of up to 40 hours per year. If this time is not used by the first pay period in December, it will be paid to the employee on the same basis as overtime. Section 4 Call Back Pa The City shall pay call back wages for two (2) hours minimum guaranteed pay. Such wages shall be paid at the regular straight time rate of pay unless, when such call back hours are worked, they are hours worked in excess of the hours provided for in the standard work week or work day, in which case the overtime provisions of this contract shall apply. TICLE XV AUTOMOBILE USE Any employee who is required to use his /her personal automobile for City business shall be reimbursed at the rate paid by the State of Minnesota. ARTICLE XVI PER DIEM PAY The City shall provide a per diem as per federal reimbursement day as a meal allowance in the event of overnight travel for conference or training seminars. The per diem does not include cost of transportation, lodging, or conference registration fees. When meals are provided as a part of the conference or training seminar, the employee is not entitled to per diem payment. The employee may be paid in advance of the conference or training seminar except, however, he or she is responsible for submitting the necessary documentation in advance of the regularly scheduled accounts payable processing period. 17 ARTICLE XVII HOLIDAYS Section 1 Holiday Schedule For purposes of this contract the following dates shall be considered holidays: 1) New Year's Day, 2) Good Friday, 3) Memorial Day, 4) Independence Day, 5) Labor Day, 6) Veteran's Day, 7) Thanksgiving Day, and 8) Christmas Day. Section 2 Floating Holidays Bus Drivers shall not receive the following holidays: Good Friday or Veteran's Day. In lieu of said holidays, the bus drivers shall receive two (2) floating holidays at the beginning of the year to be taken up in accordance with the rules governing vacation days. All employees (including bus drivers) shall receive three (3) floating holidays at the beginning of the year to be taken up in accordance with the rules governing vacation days. The City, upon majority approval of the employees, may close a work place or department for one -half (1/2) day or a full day and require that the employee use floating holiday time. Section 3 Holiday Pay Employees shall be granted the holiday off without loss of pay, or if required to work on the holiday as part of the standard work week, shall receive time and one - half their normal rate of compensation for all hours worked. Any employee required to work on a holiday, outside of his /her standard work week, shall receive compensation in accordance with the overtime provision of this contract. Section 4 Weekend Holiday When a holiday falls on a Saturday, the holiday shall be considered to have occurred on the preceding Friday. When a holiday falls on a Sunday, the holiday shall be celebrated on the following Monday. ARTICLE XVIII VACATION Section 1 Vacation Schedule Employees who have been employed uninterruptedly with no breaks in employment except for brief layoffs which are directed by management shall be eligible for a paid vacation at their regular rate of pay pursuant to the following schedule: Vacation will be earned at the monthly rate of 0.834 work days per 18 month for the first 5 years; at the monthly rate of 1.250 work days per month for the second 5 years; and at the monthly rate of 1.667 work days per month thereafter. Section 2 Vacation Accumulation An employee may not commence using vacation leave until he /she has accumulative total of at least five (5) work days. Employees earning vacation at the rate of 0.834 days may not accumulate more than 15 work days. Employees earning vacation at a rate of 1.250 work days may not accumulate more than 23 work days. Employees earning vacation at the rate of 1.667 work days may not accumulate more than 30 work days. When a holiday falls during a vacation, the employee will be entitled to one additional day. Section 3 Vacation Schedule A vacation schedule shall be developed, by seniority, prior to June 1 of each calendar year. After June 1, employees may request vacation on a first come first serve basis upon requesting a vacation with a two week advance notice. The City may disallow vacation requests if the two week advance notice is not provided by the employee. The City will attempt to accommodate emergency requests for vacation leave. For purposes of determining vacation rights according to seniority, seniority shall be in accordance with the individual divisions. Earned vacations may be taken so as not to jeopardize efficient municipal operations at any time. Such requests shall indicate the number of days sought to be used. Management shall establish reasonable regulations so as to maintain sufficient operating personnel throughout the year. Section 4 Bus Drivers When bus drivers are off because of illness for which sick leave is used or for vacation time, the employee shall be allowed to use accumulated hours of sick leave or vacation as needed to assure that an employee's earnings for a week shall not be less than their normal hours worked times their hourly rate. 19 ARTICLE XIX INSURANCE Section 1 Hospitalization Effective January 1, 2011 through December 31, 2012, the City contribution shall be One Thousand Dollars ($1,000.00) per month for family coverage, Seven Hundred Twenty -four Dollars ($724.00) employee plus one coverage and Three Hundred Fifty -three Dollars ($353.00) per month for single coverage with the employee picking up any remaining balance. Any employee on or enrolling in the City's H.S.A. plan to be given one thousand two hundred dollars ($1,200.00) for the year of 2011 and one thousand two hundred dollars ($1,200.00) for the year of 2012. The funds will be deposited into the employees' H.S.A. account on January 1, 2011 and January 1, 2012, respectively. If any other group or individual receives contribution levels for insurance exceeding the negotiated contributions stated in this contract, this group would also receive those increased contributions. The employee's portion of the premium cost shall be paid through payroll deduction. In no case shall the City's contribution exceed the actual cost of the coverage selected by the employee. Section 2 Retired Hospitalization The City will allow retired employees to continue on as members in the medical insurance program as required by state and federal law. Section 3 Dependent Health Claims Any employee provided with dependent health care coverage shall file such information as may be required by the City to determine the availability of health care insurance to employed dependents. No employee shall file, or permit to be filed, an insurance claim against the City's health care provider until any health care benefits of employed dependent's health care plan have been utilized. Section 4 Health Care Account The City shall establish a $500.00 health care expense account for any employee carrying single (employee only) health care coverage as identified above. Such health care expense account shall be available to the employee and the immediate family living at home (spouse and dependents as defined in the health care plan above) to cover prescription drugs, and for optical and dental expenses incurred through a licensed practitioner, and other medical related expenses such as co- insurance deductibles or supplementary health care insurance. Section 5 Life Insurance The City will provide at no cost to the employee a $40,000.00 term life insurance policy. Section 6 Long Term DisabilitX The City will provide, without cost to the employee, long term disability insurance which will provide 66.6% of normal compensation to a maximum of $5,000.00 per month payable to the age of 65 and commencing from the 91 st day of disability. The application of benefit shall be essentially equivalent to those in effect on January 1, 1986. An employee once disabled and collecting long term disability benefits after the 91 st day shall not accrue vacation, holiday time or sick leave and accrual of said benefits shall not begin until such time the disability stops and the employee returns to permanent duty. ARTICLE XX LONGEVITY Each employee shall receive, in addition to the regular compensation provided herein, longevity pay at the following rates: 2002 1% of base compensation at the completion of five years of service, 2% of base compensation at the completion of ten years of service, 4% of base compensation at the completion of fifteen years of service, and 6% of base compensation at the completion of twenty years of service. 21 2003 1% of base compensation at the completion of five years of service, 2% of base compensation at the completion of ten years of service, 3% of base compensation at the completion of fifteen years of service, and 5% of base compensation at the completion of twenty years of service. 2004 1% of base compensation at the completion of five years of service, 2% of base compensation at the completion of ten years of service, 3% of base compensation at the completion of fifteen years of service, and 4% of base compensation at the completion of twenty years of service. In computing the years of service, the period of years shall be continuous with no break in employment except any brief layoffs which are directed by the City. ARTICLE XXI LEAVE OF ABSENCE Section 1 Sick Leave a) Rate Employees shall earn sick leave at the rate of 15 days (120 hours) per year, except employees hired before January 1, 1999. Employees hired before January 1, 1999 will earn sick leave at the rate of 21 days (168 hours) per year. CONVERSION TABLE .5 or 20 hours /week will receive sick leave buy back after 60 part -time days or 240 hours; .575 or 23 hours /week will receive sick leave buy back after 60 part -time days or 276 hours; .6 or 24 hours /week will receive sick leave buy back after 60 part -time days or 288 hours; .7 or 28 hours /week will receive sick leave buy back after 60 part -time days or 336 hours; .75 or 30 hours /week will receive sick leave buy back after 60 part -time days or 360 hours; .8 or 32 hours /week will receive sick leave buy back after 60 part -time days or 384 hours. b) Use 22 Sick leave may be only used for personal injury or illness, illness of a member of your immediate family, medical and dental appointments during working hours. Employees must use sick leave in increments of at least one -half (1/2) day or a minimum of one (1) hour increments with supervisor approval. Employees shall be allowed to use sick leave as needed except that in order to qualify for sick leave, an employee must report that he /she is sick not later than one (1) hour before the time for which he /she is scheduled to report to work. This one (1) hour restriction shall not apply to employees who become sick while at work. c) Physician Statement Employees on sick leave for more than three consecutive days may be required to submit a physician's statement of illness. Employees may be required to submit a physician's statement of illness after one day, if that day is immediately before or after a holiday or a regularly scheduled day off or if the Employer suspects abuse. d) Supplementing Sick Leave Any employee who has exhausted his /her sick leave and requires additional sick leave time may substitute any part of unused vacation time for the same. When an employee is eligible for Worker's Compensation payments, he /she may supplement these payments with a prorated portion of any accumulated sick leave so that the combination of the two benefits will equal his /her net pay. Net pay is defined for these purposes as regular pay received from a standard work week less mandatory deductions which include federal and state taxes, social security, Medicare, PERA and wage garnishments. If he /she should exhaust his /her accumulated sick leave, he /she will receive Worker's Compensation payments only. e) Accumulation Benefit Employees shall be allowed a year -end accumulation maximum of sixty (60) unused sick leave days, except those employees having more than sixty (60) days accumulation on January 1, 1985, shall retain such accumulations for sick leave usage and termination consideration. Employees shall be compensated at a rate of one days pay for each three days of unused sick leave in excess of sixty (60) days, except those employees having more than sixty (60) days accumulation on January 1, 1985, shall retain such accumulations for sick leave usage and termination consideration. 23 f) Accumulation Option Employees hired before January 1, 1985, have an option until September 1, 1985, of maintaining a maximum accumulation of 180 days of unused sick leave (without annual "buyback ") or utilizing the accumulation benefit in accordance with Article XIX, Section 1(e). Employees that choose to maintain the 180 day accumulation shall notify the City Administrator by September 1, 1985. Any employee choosing to maintain the 180 day accumulation shall not be eligible at any future time to utilize the accumulation benefit in accordance with Article XIX, Section 1(e). Section 2 Emergency Leave Emergency leave may be granted to an employee in the event of serious illness or other emergency in the family of said employee. Employees in need of such leave shall make application therefore to his /her supervisor. Such time as is granted shall be chargeable against the employee's sick leave account. The rate of charge against the sick leave account shall be that of the actual time absent from work. The granting of such emergency leave shall not be unreasonably or arbitrarily withheld. Section 3 Jury Duty All employees will receive a leave of absence when called for jury duty and be paid their regular rate of pay by the City. The employee shall in turn submit any remuneration received from jury duty, minus mileage reimbursements, to the City. Jury duty calls shall be reported to the Department Head on the first working day following receipt of the jury summons. Section 4 Funeral Leave Employees shall be granted funeral leave of three consecutive days with pay in the event of the death of a mother, father, sister, brother, children, spouse, mother -in- law, and father -in -law. Funeral leave for other individuals may be granted by the City, and if allowed, such time actually used therefore shall be charged against the employee's sick leave account. 24 Section 5 Military Leave Employees who are called to active duty in the U.S. military service shall receive a leave of absence without pay and shall be entitled to return to his /her former job providing said employee returns to work within 90 days after release from active duty. The City shall comply with all state and federal laws concerning the granting of leaves of absence for any military service or training. Section 6 Personal Leave An employee may request a personal leave of absence without pay. All requests for personal leave of absence shall state the reason for which the request is made in writing to the City Administrator. The City Administrator may grant personal leaves of absence up to two weeks in duration. Leaves of absence for more than two weeks shall be presented to the City Council. While on a personal leave of absence without pay, an employee shall retain his /her seniority, however, he /she shall forfeit all fringe benefits while on the leave. ARTICLE XXII TERMINATION CONSIDERATION Section 1 Sick Leave When an employee leaves the employ of the City in good standing, with at least three years of service, he /she shall receive in salary equivalent, one -half of his /her accumulated sick leave up to a maximum of 30 days. Upon retirement, disability, layoff, or death he /she will be paid one -half of his /her unused sick leave. Upon written notification of retirement, an employee may begin to draw sick leave separation pay up to 18 months prior to the employee's last day of employment. Separation pay shall be computed at the rate of pay in effect when the employee receives the pay and the employee shall give notice of the separation on August 1 st of the year in which the first payment is to be received. Section 2 Vacation When an employee leaves the employ of the City in good standing, he /she shall receive all vacation earned up to the date of termination regardless of anniversary dates. 25 ARTICLE XXIII UNIFORMS The City shall rent, furnish, clean, replace, and repair uniforms for employees of the Waste Treatment Plant, Street Department, Water Department, Sewer Department, and Park Department. The City shall furnish uniforms for all other divisions of the City upon a request by a majority of the employees within a division. ARTICLE XXIV TRANSFERS An employee may transfer laterally from one division to another division with the approval of both of the affected superintendents and /or the City Administrator. If the City assigns an employee to another shift, such assignment shall be for not less than one (1) standard work week. ARTICLE XXV WAGES Section 1 Probationary /Starting Wages The wages of all probationary employees will be in accordance with the provisions of the contract wage adjustment schedule provided herein. All probationary employees will start at 90% of the high -point contract wage, which is provided in the section on wage rates. After six months the wage will increase to 93% of the high -point contract rate. Upon successful completion of eighteen months the wage will increase to 96.5% of the high - point contract rate. After the successful completion of thirty months the wage will increase to 100% of the contract wage at which time the employee's wage shall be at the rate specified in Section 2. Each employee shall receive, in addition to the regular compensation provided herein, longevity pay at the following rates: 2002 1 % of base compensation at the completion of five years of service, 2% of base compensation at the completion of ten years of service, 4% of base compensation at the completion of O fifteen years of service, and 6% of base compensation at the completion of twenty years of service. 2003 1% of base compensation at the completion of five years of service, 2% of base compensation at the completion of ten years of service, 3% of base compensation at the completion of fifteen years of service, and 5% of base compensation at the completion of twenty years of service. 2004 1% of base compensation at the completion of five years of service, 2% of base compensation at the completion of ten years of service, 3% of base compensation at the completion of fifteen years of service, and 4% of base compensation at the completion of twenty years of service. In computing the years of service, the period of years shall be continuous with no break in employment except any brief layoffs which are directed by the City. If any exempt or non - exempt employee group, excluding anyone being reclassified, going through probation, reorganization, or a promotion, receiving an increase in base wages, this group would also receive that increase. Section 2 Contract Rates Public Services I 2011 2012 Librarian $21.11 $21.11 Housing Specialist I 21.44 21.44 Housing Specialist II 22.66 22.66 Maintenance Specialist 21.11 21.11 Public Services II Account Technician 21.01 21.01 Department Specialist 21.44 21.44 Public Services III Department Secretary 20.28 20.28 Public Services IV Clerk 17.89 17.89 Bus Driver 17.89 17.89 Account Clerk 18.24 18.24 Library Technician 18.24 18.24 Public Services V Secretuy 17.41 17.41 Public Services VI 27 Light Custodian 15.96 15.96 Receptionist (Library, City Hall, etc 15.51 15.51 Public Works I SC -C or higher OR Water C Engineering Technician III 25.98 25.98 Public Works II SC -D or higher P.W. Fore person 26.28 26.28 Public Works III Water -D SC -C or higher AND Water Lab Technician 25.00 25.00 Engineering Technician II 24.83 24.83 Water /Sewer Operator III 25.00 25.00 Public Works IV None Heavy Equipment O erator 22.82 22.82 Wastewater Plant Operator 22.82 22.82 Wastewater Plant Mechanic 23.07 23.07 Mechanic 23.07 23.07 Water /Sewer Operator II 22.82 22.82 Public Works V Light Equipment O erator 21.99 21.99 Mechanic Helper 21.31 21.31 Water /Sewer Operator I 21.99 21.99 Utility Worker 21.31 21.31 Storm Water Tech I 21.99 21.99 Public Works VI Maintenance Engineer 22.02 22.02 Engineering Technician I 23.49 23.49 Effective January 1, 2005 Water /Wastewater Call Duty Pay will be $25.50 per day. UNION CERTIFICATION PAY Position Minimum Licensure Recommended Certification Pay 2006 Base Pa Certification Pay Adjusted Pay PW V SC -C or higher OR Water C W/S Op I SC -D or higher $20.42 $0.20 $20.62 Water -D SC -C or higher AND Water C or higher $0.40 $20.82 Utility None Worker PW IV SC -B or higher OR Water B W/S Op II SC -C or higher $21.19 $0.25 $21.44 Water -C SC -B or higher AND Water B or higher $0.50 $21.69 WWTP Op WW -C WW -B or higher OR Biosolids IV or higher $21.19 $0.25 $21.44 WW -B or higher AND Biosolids IV or higher $0.50 $21.69 PW III WW -A OR Biosolids IV or Lab Tech WW -B higher $23.22 $0.30 $23.52 WW -A AND Biosolids IV or higher $0.60 $23.82 W/S Op III SC -B No Certification Pay $23.22 Water -B PW II PW SC -B No Certification Pay Foreman Water -B Water/ Utilities WWTP WW -A No Certification Pay $24.41 Biosolids - IV Section 3 Out -of- Classification Pay When an employee is assigned work in a higher paid classification for more than eight (8) hours in any thirty (30) day period, the employee shall receive the higher pay for hours worked in the higher classification in excess of eight (8) hours. The eight (8) hours (in any thirty (30) day period) minimum for the payment of acting pay does not apply to water operator assignments. Water /Sewer Operator I and Light Equipment Operators will be compensated at a rate of $.25 per hour for sanitary sewer cleaning work after the first eight (8) hours of work. ARTICLE XXVI VACANCIES Section 1 Job Posting In the event an opening occurs in any of the divisions covered by the agreement, the City shall post a notice of such openings in all buildings where employees generally report to work, so as to give interested employees at least five working 29 days to apply. The Employer reserves the right to simultaneously advertise outside the unit. Section 2 Filling Positions The Employer shall fill a position with the most qualified employee from the unit. However, the employer reserves the right to hire outside the unit if such an applicant is more qualified. Under any circumstances, if qualifications are equal the Employer shall give preference to the senior employee. An employee (unsuccessful applicant) may request that a written explanation become part of their permanent personnel record. ARTICLE XXVII SAVINGS BONDS Employees may file a written request with the Employer authorizing a specified monthly deduction from their wages for the purchase of U.S. Savings Bonds. Under authority of such request, the employer shall purchase the bonds from time to time in the employee's name and shall deliver them to the employee at the City Hall on his /her request. ARTICLE XXVIII NEW ORDINANCES This City agrees not to enact any ordinances superseding or nullifying this contract. ARTICLE XXIX REGULAR PART -TIME A regular part -time employee is defined as one that works less than the standard work week for an indefinite period. Such employee shall receive prorated benefits for vacation, sick, and holiday pay and the full wage stated in the section on wages. ARTICLE XXX AGREEMENT OF THE PARTIES This contract is the entire agreement of the parties, terminating all prior agreements and practices and concludes all collective bargaining during the term 30 of the contract period. The Union specifically waives the right to bargain with respect to any subject or material referred to or covered in the agreement or with respect to any subject of material not specifically referred to or covered in the agreement even though it may not have been in the knowledge or the contemplation of the parties at the time the contract was negotiated. No prior or existing custom or practice is to be considered part of or as in any way supplementing the terms and provisions of this contract. ARTICLE XXXI SAVINGS CLAUSE If any provision of this contract, or the application of such provisions, should be rendered, or be declared invalid by any court action, or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this contract remain in full force and effect. 31 ARTICLE XXXII DURATION This agreement shall be in effect from January 1, 2011 and shall remain in effect until December 31, 2012 and from year to year thereafter unless either party shall notify the other in writing by May 1 st that it desires to modify or terminate this agreement. Dated this th day of , 2011, at Faribault, Minnesota. CITY OF FARIBAULT, MINNESOTA INTERNATIONAL UNION OF A Municipal Corporation OPERATING ENGINEERS LOCAL NO. 70 By: By: Mayor By: City Administrator Business Manager By: President By: Business Agent By: Secretary By: Steward By: Steward By: Steward By: Steward By: Steward 32