HomeMy WebLinkAbout1974-204 CCR Member Tony Kuefler introduced the following resolution and moved its
adoption:
RESOLUTION NO. 74 -204
RESOLUTION AUTHORIZING RETROACTIVE COMPENSATION TO FORMER
r PUBLIC WORKS DEPARTMENT EMPLOYEES
WHEREAS, on April 8, 1974, the City Council adopted Resolution No. 74 -61
approving a 1974/1975 labor agreement between the City of Brooklyn Center and
Local No. 49, International Union of Operating Engineers on behalf of Public Works
and Park Department employees; and
WHEREAS, said labor agreement provided that the terms thereof be effective
retroactively to January 1, 1974; and
WHEREAS, Public Works and Park Department employees were compensated
at 1973 wage rates from January 1, 1974, pending final negotiations of a labor
contract; and
WHEREAS, the City Manager reports that prior to January 1 1974, contract
negotiations had proceeded to final stages to the extent that management negotiators
provided firm indications to labor negotiators that the impending contract provisions
would be recommended retroactively to January 1, 1974; and
WHEREAS, with the exception of two former employees retroactive wage
increases were paid to all employees covered by the subject labor agreement; and
WHEREAS, the City Manager sought a legal opinion regarding the authority
and obligation to pay retroactive wage increases to two former members of the
Public Works Street Division, Robert Kolstad, who voluntarily terminated his
employment effective March 19, 1974, and Felix Kampa, whose employment was
terminated by death effective February 22, 1974; and
WHEREAS, said legal opinion indicates that authorization for payment of
retroactive compensation exists if indications were given to employees prior to
January 1 1974, that contract provisions would be retroactive to January 1 1974;
and
WHEREAS, said legal opinion indicates that to the extent such authority
exists, the City is obligated to retroactively compensate Robert Kolstad and the
estate of Felix Kampa.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota as follows:
RESOLUTION NO. 74-204
1 On the basis of the City Manager's reports it is the determination
of the City Council that employee members of Local No. 49,
International Union of Operating Engineers were given indications
by management that subsequent labor contract provisions would be
retroactive to January 1, 1974 and, thus, authority does exist to
pay the retroactive compensation required by the labor contract.
2. Since authority to pay retroactive compensation exists, and since
it is the City Attorney's opinion that the City is contractually
obligated to retroactively compensate employees whose employment
terminated between January 1 19 74 and April 8, 19 74, it is the
determination of the City Council to authorize payment of gross
wages in the amount of $149.59 retroactive payment to the estate
of Felix Kampa for the employment period January 1, 1974 through
February 22, 1974 and $245.07 retroactive payment to Robert
Kolstad for the period January 1, 1974 through March 19, 1974.
3. It is the determination of the City Council to fund the foregoing
by directing a transfer of $395 from Unappropriated Surplus
(account No. 265) to the Street Maintenance and Garage Labor
Appropriation (account No. 422 -10).
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December 9. 1974
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar and upon vote being taken thereon, the following voted
in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and
Robert Jensen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
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