HomeMy WebLinkAbout2011-024 CCR Member Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2011 -24
RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC
WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR
THE CALENDAR YEARS 2011 AND 2012
WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states
that the City Council is to fix the salary or wages of all officers and employees of the City; and
WHEREAS, the City has negotiated in good faith with Local 49 (Public Works
Maintenance) for a contract for the years 2011 and 2012 as attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center approves the attached contract with Local 49 (Public Works Maintenance) for the
calendar years 2011 and 2012.
BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to
exceed the maximum contained herein shall become effective according to the schedule of the
contract which commences January 1, 2011.
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February 14, 2011
}
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Dan Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2011 -24
Labor Agreement
Between the
City of Brooklyn Center
And the
International Union of Operating Engineers (IUOE)
Local No. 49
January 1, 2011- December 31, 2012
TABLE OF CONTENTS
ARTICLE PAGE
1 Purpose of Agreement 1
2 Recognition 1
3 Definitions 1
4 Savings Clause 2
5 Union Security 2
6 Employer Security 2
7 Employer Authority 2
8 Seniority 3
9 Discipline 3
10 Employee Rights - Grievance Procedure 3
11 Job Posting 6
12 Probationary Periods 6
13 Right of Subcontract 6
14 Safety 6
15 Work Schedules 6
16 Relief and Meal Periods 7
17 Special Clothing 7
18 Overtime Pay 7
19 Call Back 8
20 Standby Pay 8
21 Holiday Leave 8
22 Vacation Leave 9
23 Sick Leave 9
24 Severance Pay 10
25 Insurance 10
26 Seasonal/Temporary Employees 11
27 Part-time Employee Benefits 11
28 Wage Schedule 11
29 Working Out of Classification Pay 11
30 Legal Defense 12
31 Waiver 12
32 Injury on Duty 13
33 Local 49 Central Pension Fund 13
34 Post Employment Health Care Savings Plan (PEHCSP) 14
35 Duration 15
RESOLUTION NO. 2011-24
ARTICLE 1- Purpose of Agreement
This Agreement is entered into between the City of Brooklyn Center hereinafter called the
Employer, and Local No. 49, Intemational Union of Operating Engineers, hereinafter called the
Union.
1.1 Purpose
a. Establish certain hours, wages and other conditions of employment;
b. Establish procedures for the resolution of disputes concerning this Agreement's
interpretation and/or application;
C. Specify the full and complete understanding of the parties;. and
d. 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 of public service. Both parties recognize this Agreement as a pledge of this dedication.
ARTICLE 2 - Recognition
The Employer recognizes the Union as the exclusive representative for all Employees in the job
classifications listed below who are public Employees within the meaning of Minnesota Statute
179A.03, Subdivision 14 excluding supervisory, confidential and all other employees:. Mechanic,
Maintenance I, Maintenance H, Maintenance III, and Night Service Person.
ARTICLE 3 - Definitions
3.1 Union: The International Union of Operating Engineers, Local No. 49.
3.2 Employer: The individual municipality designated by this Agreement.
3.3 Union Member: A member of the International Union of Operating Engineers, Local
No. 49.
3.4 Employee: A member of the exclusively recognized bargaining unit.
3.5 Base Pay Rate: The Employee's hourly pay rate exclusive of longevity or any other
special allowance.
3.6 Seniority: Length of continuous service in any of the job classifications covered by
Article 2 - Recognition. Employees who are promoted from a job classification covered
by this Agreement and return to a job classification covered by this Agreement shall
have their seniority calculated on their length of service under this Agreement for
purposes of promotion, transfer and lay off and total length of service with the
Employer for other benefits under this Agreement.
3.7 Severance Pay: Payment made to an Employee upon honorable termination of
employment.
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3.8 Overtime: Work performed at the express authorization of the Employer in excess of
either eight (8) hours within a twenty -four (24) hour period (except for shift changes) or
more than forty (40) hours within a seven (7) day period.
3.9 Call Back: Return of an Employee to a specified work site to perform assigned duties
at the express authorization of the Employer at a time other than an assigned shift. An
extension of or early report to an assigned shift is not a call back.
ARTICLE 4 - Savings Clause
This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed
municipality. In the event any provision of this Agreement shall be held to be contrary to law by
a court of competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provision shall be voided. All other provisions of this Agreement
shall continue in full force and effect. The voided provision may be renegotiated at the request of
either
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ARTICLE 5 - Union Security
In recognition of the Union as the exclusive representative the Employer shall:
5.1 Deduct each payroll period an amount sufficient to provide the payment of dues
established by the Union from the wages of all Employees authorizing in writing such
deduction, and
5.2 Remit such deduction to the appropriate designated officer of the Union.
5.3 The Union may designate certain Employees from the bargaining unit to act as stewards
and shall inform the Employer in writing of such choice.
5.4 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of any
action taken or not taken by the City under the provisions of this Article.
ARTICLE 6 - Employer Security
The Union agrees that during the life of this Agreement it will not cause, encourage, participate
in or support any strike, slow down, other interruption of or interference with the normal
functions of the Employer.
ARTICLE 7 - Employer Authority
7.1 The Employer retains the full and unrestricted right to operate and manage all
workforce, facilities, and ui ment; to establish functions and programs; to set and
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amend budgets; to determine the utilization of technology; to establish and modify the
organizational structure; to select, direct and determine the number of personnel; to
establish work schedules; and to perform any inherent managerial function not
specifically limited by this Agreement.
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RESOLUTION NO. 2011 -24
7.2 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.
ARTICLE 8 - Seniority
8.1 Seniority will be the determining criterion for transfers, promotions and lay offs only
when all job - relevant qualification factors are equal.
8.2 In the event of a lay -off the Employer will lay -off on the basis of seniority across all
three divisions within the public works department for employees that are represented
by I.U.O.E. Local 49.
8.3 Recall rights under this provision will continue for twenty -four (24) months after lay
off. Recalled Employees shall have ten (10) working days after notification of recall by
registered mail at the Employee's last known address to report to work or forfeit all
recall rights. Recall rights will be based on seniority across the three divisions within
the public works department for employees that are represented by I.U.O.E. Local 49.
ARTICLE 9 - Discipline
9.1 The Employer will discipline Employees only for just cause.
9.2 An Employee(s) will not be required to participate in an investigatory interview by the
Employer where the information gained from the interview could lead to the discipline
of the Employee(s) unless the Employee(s) is given the opportunity ity to have a Union
Representative present at the interview to act as a witness for the Employee(s).
ARTICLE 10 - Employee Rights- Grievance Procedure
10.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this Agreement.
10.2 Union Representatives
The Employer will recognize representatives designated by the Union as the grievance
representatives of the bargaining unit having the duties and responsibilities established by
this Article. The Union shall notify the Employer in writing of the names of such Union
representatives and of their successors when so designated.
10.3 Processing of a Grievance
It is recognized and accepted by the Union and the Employer that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
Employees and shall therefore be accomplished during normal working hours only when
consistent with such Employee duties and responsibilities. The aggrieved Employee and
the Union Representative shall be allowed a reasonable amount of time without loss in
pay when a grievance is investigated and presented to the Employer during normal
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working hours provided the Employee and the Union Representative have notified and
received the approval of the designated supervisor who has determined that such absence
is reasonable and would not be detrimental to the work programs of the Employer.
10.4 Procedure
Grievances, as defined by Section 10. 1, shall be resolved in conformance with the
following procedure:
Step 1. An Employee claiming a violation concerning the interpretation or application of
this Agreement shall, within twenty -one (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 ten (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
Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2
within ten (10) calendar days after the Employer - designated representative's final answer
in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10)
calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and discussed
with the Employer - designated Step 2 representative. The Employer- designated
representative shall give the Union the Employer's Step 2 answer in writing within ten
(10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in
Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer -
designated representative's final Step 2 answer. Any grievance not appealed in writing to
Step 3 by the Union within ten (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed
with the Employer - designated Step 3 representative. The Employer- designated
representative shall give the Union the Employer's answer in writing within ten (10)
calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3
may be appealed to Step 4 within ten (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 Union within ten (10) calendar days shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the
Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be
appealed to Step 5 within ten (10) calendar days following the Employer's final answer in
Step 4. Any grievance not appealed in writing to Step 5 by the Union within ten (10)
calendar days shall be considered waived.
Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations Act of
1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an
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RESOLUTION NO. 2011 -24
arbitrator shall be made in accordance with the "Rules Governing the Arbitration of
Grievances" as established by the Public Employment Relations Board. If the parties
cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the
Bureau of Mediation Services.
10.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the
Employer and the Union, and shall have no authority to make a decision on any
other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of laws,
rules, or regulations having the force and effect of law. The arbitrator's decision
shall be submitted in writing within thirty (30) days following the close of the
hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be binding on both the Employer
and the Union and shall be based solely on the arbitrator's interpretation or
application of the express terms of this Agreement and to the facts of the
grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union provided that each party shall be
responsible for compensating its own representatives and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record. If both parties desire a verbatim record
of the proceedings the cost shall be shared equally.
10.6 Waiver
time limits set forth above
If a grievance is not resented within the , it shall be considered
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"waived." If a evance is not appealed step specified aled to the next st within the time limit or
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any agreed extension thereof, it shall be considered settled on the basis of the Employer's
last answer. If the Employer does not answer a grievance or an appeal thereof within the
specified time limits, the Union may elect to treat the grievance as denied at that step and
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immediately appeal the grievance to the next step. The time limit in each step may be
extended by mutual Agreement of the Employer and the Union.
10.7 Choice of Remedy
If, as a result of the Po Step Employer res response in St 4, the grievance remains unresolved, and
if the grievance involves the suspension, demotion, or discharge of an Employee who has
completed the required probationary period, the grievance may be appealed either to Step
5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair
Employment. If appealed to any procedure other than Step 5 of Section 10.4 the
grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4.
The aggrieved Employee shall indicate in writing which procedure is to be utilized- -Step
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5 of Section 10.4 or another appeal procedure- -and shall sign a statement to the effect that
the choice of any other hearing precludes the aggrieved Employee from making a
subsequent appeal through Step 5 of Section 10.4.
ARTICLE 11- Job Posting
11.1 The Employer and the Union agree that permanent job vacancies within the designated
bargaining unit shall be filled based on the concept of promotion or transfers from within
provided that applicants have the necessary qualifications to meet the standards of the job
vacancy, have the ability to perform the duties and responsibilities of the job vacancy.
11.2 Employees filling a higher job class based on the provisions of this Article shall be
subject to the conditions of Article 12- Probationary Periods.
11.3 The Employer has the right of final decision in the selection of Employees to fill posted
jobs based on qualifications, abilities and experience.
11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working
days so that members of the bargaining unit can be considered for such vacancies.
ARTICLE 12 - Probationary Periods
12.1 All newly hired or rehired Employees will serve a twelve (12) months' probationary
period.
12.2 All Employees will serve a twelve (12) months' probationary period in any job
classification in which the Employee has not served a probationary period.
12.3 At any time during the probationary period a newly hired or rehired Employee may be
terminated at the sole discretion of the Employer.
12.4 At any time during the probationary period a promoted or reassigned Employee may be
demoted or reassigned to the Employee's previous position at the sole discretion of the
Employer.
ARTICLE 13 - Right of Subcontract
Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting
work performed by Employees covered by this Agreement.
ARTICLE 14 - Safety
The Employer and the Union agree to jointly promote safe and healthful working conditions, to
cooperate in safety matters and to encourage Employees to work in a safe manner.
ARTICLE 15 - Work Schedules
15.1 The sole authority of work schedules is the Employer. The normal work day for an
Employee shall be eight (8) hours. The normal workweek shall be forty (40) hours
Monday through Friday.
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RESOLUTION NO. 2011-24
15.2 Service to the public may require the establishment of regular shifts for some Employees
on a daily, weekly, seasonal, or annual basis other than the normal 7:00 - 3:30 day. The
Employer will give seven (7) days advance notice to the Employees affected by the
establishment of work days different from the Employee's normal eight (8) hour work
day.
15.3 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 work day be scheduled to work more than eight (8) hours; however, each
Employee has an obligation to work overtime or call backs if requested unless unusual
circumstances prevent the Employee from so working.
15.4 Service to the public may require the establishment of regular work weeks that schedule
work on Saturdays and/or Sundays.
ARTICLE 16 - Relief And Meal Periods
16.1 Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time
within each Employee's shift. One relief period may be taken during the first half of the
shift and the second relief period may be taken during the second half of the shift.
16.2 Each Employee shall be authorized one unpaid thirty (30) minutes meal period per shift.
ARTICLE 17 — Special Clothing
The Employer will purchase and maintain sufficient sets of work coveralls to be available and
specifically assigned for wear by Employees, other than mechanics, when engaged in unusually
dirty tasks for the respective job classification. A determination of coverall assignments shall
rest exclusively with the Employer. Mechanics shall be provided with uniforms by the Employer
up to 11 pants and 11 short and long - sleeved shirts per week.
ARTICLE 18 - Overtime Pay
18.1 Hours worked in excess of eight (8) hours within a twenty -four (24) hour period (except
for shift changes) or more than forty (40) hours within a seven (7) day period will be
compensated for at one and one -half (1 -1/2) times the Employee's regular base pay rate.
For the purposes of this section, "hours worked" shall include hours designated as
holiday, sick or vacation time off.
18.2 Overtime will be distributed as equally as practicable.
18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered
as unpaid overtime worked.
18.4 For the purpose of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded, or paid twice for the same hours worked.
18.5 Employees will be paid in accord with Article 21 for work on holidays.
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18.6 As an option to monetary compensation for overtime, an Employee may elect
compensatory time off at a rate of one and one -half (1 %2) the amount of overtime worked
or two (2) times the amount of overtime worked for holidays paid in accordance with
Article 21. Maximum compensatory time accumulated shall not exceed forty (40) hours
at anytime. However, if an employee uses some hours they will be allowed to accrue
back to the 40 hour maximum. Compensatory time off shall be granted only at the
convenience of the Employer with prior approval of the Employer designated supervisor.
Compensatory time must be used by the end of December. Any remaining compensatory
time will be paid to the employee no later than the last pay period before December 31 of
each year.
18.7 Employees leaving the service of the Employer shall be compensated for all comp time
hours accrued as of the date of separation.
ARTICLE 19 - Call Back
An Employee called in for work at a time other than the Employee's normal scheduled shift will
be compensated for a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the
Employee's base pay rate.
ARTICLE 20 - Standby Pay
Public Utility Employees who are designated by their supervisor to serve in a "standby" status on
behalf of the City on a weekend will receive as compensation for such service five and one half
(5 1/2) hours of overtime pay for the period beginning the end of the work day on Friday and
ending the start of the work day on Monday when serving in such status. Public Utility
Employees who are designated by their supervisors to serve in a "standby" status on behalf of the
City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will
receive as compensation for such service one (1) hour of overtime pay for each week night
served in such status. Public Utility Employees who are designated by their supervisors to serve
in a "standby" status on behalf of the City on a holiday will receive as compensation for such
service two (2) hours of overtime pay for each holiday served in such status. Such standby pay
shall be in addition to other compensation which the Employee is entitled to under this
Agreement.
ARTICLE 21- Holiday Leave
Holidays Defined. Holiday leave shall be granted for the following holidays: New Year's Day,
January 1; Martin Luther King, Jr. Day, third Monday in January; Washington's and Lincoln's
Birthdays, third Monday in February, Memorial Day, last Monday in May; Independence Day,
July 4; Labor Day, first Monday in September, Christopher Columbus Day, second Monday in
October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November, Post -
Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and
one floating holiday annually to be scheduled with permission of the Employee's supervisor.
When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the
following day shall be observed as a holiday. When they fall on Saturday, the preceding day
shall be observed as a holiday. Employees' absence from work on the day following or the day
preceding such a three -day holiday weekend without the express authorization of the Employer
shall forfeit rights to holiday pay for that holiday.
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RESOLUTION NO. 2011-24
Employees working a normal Monday through Friday workweek, who are required to be on duty
on any holiday, shall be paid time and one -half for the hours worked in addition to the base pay
rate, except that such employees who are required to be on duty on New Year's Day,
Thanksgiving Day, or Christmas Day, shall be paid twice the employee's regular pay for the
hours worked in addition to the base pay rate.
ARTICLE 22 - Vacation Leave
22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each
calendar month of full -time service or major fraction thereof Permanent Employees with
five consecutive years of service through ten consecutive years of service shall earn
vacation at the rate of 120 hours per year. Permanent Employees with more than ten
consecutive years of service shall earn vacation leave according to the following
schedule:
During 11th year of service 128 hours per year.
During 12th year of service 136 hours per year.
During 13th year of service 144 hours per year.
During 14th year of service 152 hours per year.
During 15th year of service 160 hours per year.
Employees using earned vacation leave or sick leave shall be considered to be working
for purposes of accumulating additional vacation leave.
22.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the
time at which the vacation leave may be taken. Employees shall not be permitted to
waive vacation leave and receive double pay.
22.3 Accrual. An Employee may accumulate no more than a maximum of 230 hours of
vacation leave that can be carried over from year to year.
22.4 Termination Provisions. Employees leaving the service of the Employer in good
standing, after having given the Employer proper notice of termination of employment,
shall be compensated for vacation leave accrued and unpaid, computed to the date of
separation.
ARTICLE 23 - Sick Leave
23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent
Employees at the rate of eight hours for each calendar month of full -time service or major
fraction thereof.
23.2 Usage. Sick leave may be used normally for absence from duty because of personal
illness, injury, or legal quarantine of the Employee, or because of serious illness in the
immediate family. Immediate family shall mean brother, sister, parents, parents -in -law,
spouse, or children of the Employee. Sick leave may be used for the purpose of attending
the funeral of immediate family members plus brothers -in -law, sisters -in -law,
grandparents, grandparents -in -law, and grandchildren of the Employee.
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23.3 Accrual. Sick leave shall accrue at the rate of eight hours per month until 960 hours have
been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the
rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular
vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees
using earned vacation leave or sick leave shall be considered to be working for the
purposes of accumulating additional sick leave. Worker's Compensation benefits shall be
credited against the compensation due Employees during sick leave.
23.4 Procedure. In order to be eligible for sick leave with pay, Employees must:
1. Notify their superior prior to the time set for the beginning of their normal work
day.
2. Keep their superior informed of their condition.
3. The City Manager may require a medical certificate as may be deemed necessary
before approving the utilization of sick leave consistent with the Family Medical
Leave Act.
23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as
otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and
including discharge.
ARTICLE 24 - Severance Pay
Severance pay in the amount of one -third the accumulated sick leave Employees have to their
credit at the time of resignation shall be paid to Employees who have been employed for at least
five consecutive years. If discharged for cause, severance pay shall not be allowed.
Employees hired after 1/1/1992 and having 25 years of continuous service at the time of
separation, shall be paid 40% of their accumulated sick leave into the City authorized Post
Employment Health Care Savings Plan ( PEHSCP) if a plan is established. In the event that the
retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for
employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/92
and having 25 years of continuous service will be paid at 40% of their accumulated sick leave
into the City authorized PEHSCP (if a plan is established). If discharged for cause, severance
pay shall not be allowed.
ARTICLE 25 - Insurance
25.1 2011 Full-time employees
Effective 1/1/11, the City will contribute payment of eight hundred ninety dollars ($890)
per month per employee for use in participating in the City's insuran benefits.
For 2011 employees electing to participate in a high deductible health plan will receive an
incentive of $80 per month.
25.2 2012 Full-time employees
Reopener to discuss 2012 insurance contribution.
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RESOLUTION NO. 2011 -24
25.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will
provide payment for premium of basic life insurance in the amount of $10,000. The
employee may use the remainder of the contribution (limits as stated above) for use in
participating in the City's insurance benefits.
ARTICLE 26 - Seasonal/Temporary Employees
Employees employed by the Employer on a seasonal/temporary basis for no more than 180
calendar days per calendar year either in a full -time or part -time capacity (more than 14 hours per
week) will be compensated as determined by the Employer for the term of this employment.
Such Employees will not be eligible for any benefits under this Agreement except those which
may be required by law or those which are specifically outlined below.
ARTICLE 27 - Part -Time Employee Benefits
Part-time Employees shall not be eligible to receive fringe benefits under this'Agreement.
ARTICLE 28 - Wage Schedule —
Effective January 1, 2011
Maintenance 111 $24.82
Maintenance 11 $23.54
Step 3 $21.90
Step 2 $20.31
Step 1 $18.70
Start $17.10
Mechanic $24.82
Night Service Person $23.54
Effective January 1, 2012 (2% increase)
Maintenance 111 $25.32
Maintenance H $24.01
Step 3 $22.34
Step 2 $20.72
Step 1 $19.07
Start $17.44
Mechanic $25.32
Night Service Person $24.01
Crew Leader: An Employee assigned in writing by the Department Head or Public Works
Superintendent to assist a supervisor as crew leader will be paid $1.50 per hour over their base
wage of their regular position while performing such duties.
Night Service Person: A night service person who is assigned in writing by the supervisor to do
mechanics work will receive mechanics hourly rate of pay for time working such assignment.
ARTICLE 29 - Working Out of Classification Pay
Employees required by the Employer and who are adjudged by the Employer to be qualified to
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operate the following items of equipment will be paid the Maintenance III rate of pay for those
hours assigned to the unit:
Equipment Requiring Class "A" CDL Motor Grader
Aerial Bucket Sewer Jet
Truck - Mounted Vactor Caterpillar #950B Front -End Loader
Backhoes
Caterpillar Front -End Loader Model 928
Crawler Dozer Street Sweeper/Pick -up or Vac Type
Oil Distributor Welding
Employees required by the Employer and who are adjudged by the Employer to be qualified to
operate the following items of equipment will be paid the Maintenance H rate of pay for those
hours assigned to the unit:
Blacktop Paver Bombardier or MT Trackless Sidewalk
Truck (20' reach and over) and Trail Units
Or similar Boom Type Units Sewer Rodding machine
Brush Chipper Tandem Axle Trucks
Mower over 10' cutting width Tree Spade
Paint Striper - Truck Mounted Farm Type Tractors
Trucks - Single - Axle Over 26,000 GVW Skid Steer
Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job
classification to which the Employee is assigned.
ARTICLE 30 - Legal Defense
30.1 Employees involved in litigation because of negligence, ignorance of laws, non-
observance of laws, or as a result of Employee judgmental decision may not receive legal
defense by the municipality.
30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal
offense arising from acts performed within the scope of the Employee's employment,
when such act is performed in good faith and under direct order of the Employee's
supervisor, shall be provided with a City assigned representative to accompany the
employee and shall be reimbursed for reasonable attorney's fees and court costs actually
incurred by such Employee in defending against such charge.
ARTICLE 31- Waiver
31.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with the
provisions of this Agreement, are hereby superseded.
31.2 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
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with respect to any terms or condition of employment not removed by
law from
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RESOLUTION NO. 2011 -24
bargaining. All Agreements and understandings arrived at by the parties are set forth in
writing in this Agreement for the stipulated duration of this Agreement. The Employer
and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate
regarding any and all terms and conditions of employment referred to or covered in this
Agreement or with respect to any term or condition of employment not specifically
referred to or covered by this Agreement, even though such terms or conditions may not
have been within the knowledge or contemplation of either or both parties at the time this
contract was negotiated or executed.
ARTICLE 32 — Injury on Duty
Employees injured while performing the official duties of their employment with the Employer
and who are thereby rendered unable to work and are eligible for Workers' Compensation shall
receive their regular wages and benefits for up to sixty (60) working days after an initial three (3)
day eligibility period, pending doctor's authorization. The three (3) day eligibility will be taken
from the Employee's own accrued sick leave. While out on injury on duty, all monies received
from Workers' Compensation shall be turned over to the City of Brooklyn Center.
ARTICLE 33 — Local 49 Central Pension Fund
The Employer and the Union have explored the feasibility and process necessary for
implementation of the language and contributions required for employee participation in the
International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was
determined by the Employer and the Union that it is in the best interests of the employees to
reduce their wages in order to allow Union members to participate in the CPF. The parties agree
that the amount that would otherwise be paid in salary or wages will be contributed instead to the
CPF as pre -tax employer contributions. The CPF is a supplemental Pension Fund authorized by
Minnesota Statutes, 356.24, subdivision 1(9).
Effective.January 1, 2006, a pension contribution of ninety -six cents ($0.96) per hour, will
commence. The hourly contribution rate will be applied to all compensated hours. (Cap has
been raised to $5,000 per year.)
The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The
Union agrees to indemnify and hold the Employer, its Officers, Agents, and employees harmless
against any claims, suits, orders or judgments, brought against the Employer as a result of any
action taken or not taken by the Employer on the specific provisions of this Article. This "hold
harmless" clause does not hold the Employer harmless for failing to transfer the agreed
contributions to the LU.O.E. Central Pension Fund.
It is agreed that for purposes of determining future wage rates, the Employer shall first restore the
amount of the wage deduction, then apply the applicable wage multiplier, then reduce the revised
wage by the CPF contribution rate. It is further agreed that for purposes of calculating overtime
compensation the Employer shall first restore the amount of the wage reduction then apply the
applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the
collective bargaining agreement, then pay the resulting amount of overtime worked.
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The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the
governing documents.
ARTICLE 34 — Post Employment Health Care Savings Plan (PEHCSP)
The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost
of medical expenses and health insurance premiums for employees, spouses and dependents after
the employee leaves employment with the City of Brooklyn Center.
1. Participation Eligibility
Regular full -time benefit earning employees may have contributions made on their behalf
into the PEHCSP. Participants must be 21 years of age or older. Unless noted otherwise
in this policy, the minimum period of service required to participate in the plan is 60
days.
Every eligible employee in an employee group is required to participate in the PEHSCP
for their group as outlined in this applicable labor agreement.
2. PEHCSP Contributions
When appropriate, each employee will have an account established in his or her name.
Unless specifically noted otherwise, contributions (and earnings) to an employee's
PEHCSP account are not taxable income.
3. Accessing Funds
a. Employees may access the funds in their PEHCSP account when they are eligible
to retire under the Public Employees Retirement Association's (PERA) rules.
b. Unless prohibited by the IRS, employees leaving employment with the City prior
to being eligible for retirement through PERA, for the reasons noted below, may
make withdrawals on a tax -free basis for eligible health - related expenses.
• Upon termination of employment.
• If employee is collecting a disability.
• If employee is on a medical leave (six months or longer)
• If employee is on a leave of absence (one year or longer).
• If the employee returns to work and is earning medical benefits, they are
no longer eligible to make withdrawals from their PEHCSP account.
The IRS does not allow these funds to be rolled into any other type of plan,
including an IRA.
C. Access following death. The surviving spouse and eligible dependents continue
to access the account for eligible expense reimbursements until the PEHCSP
account is exhausted. Such reimbursements are not taxable. Unless prohibited by
the IRS, reimbursements may also be made to a beneficiary other than a surviving
spouse or eligible dependent. However, such reimbursements would be taxable to
the recipient.
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RESOLUTION NO. 2011-24
4. Eligible Expenses Reimbursed by Plan
Funds in a PEHCSP account may be used to reimburse:
1. Insurance premiums (health insurance premiums, Medicare supplemental
insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter
488 insurance premiums, long term care insurance premiums (not long term care
expenses), and dental insurance premiums.
2. Most qualifying medical expenses as defined in Internal Revenue Code Section
213 (i.e. medical costs that would otherwise be deductible to the employee on his
or her individual income tax return).
A third -party claims administrator will handle claims administration.
5. No Opt -out
Employees and retirees in groups covered by the PEHCSP program are not permitted to
opt -out of the program. Participation is mandatory.
6. Program Administration
Along with the Human Resources Division, the company selected will administer the
PEHCSP program. The employee controls how the money is invested similar to the
section 457 deferred compensation plan. The employee receives an account statement
from the company for his or her PEHCSP account.
7. Administrative Fees
Please contact the vendor selected for current administrative and mutual fund fees.
8. Plan Modifications
The details of the Vendor's administration of the PEHCSP as well as other features of the
plan are set forth in the PEHCSP materials as provided. These details and IRS
regulations regarding the PEHCSP may be revised, necessitating the revision to this
policy or other agreements between employee groups and the City.
The City reserves the right to modify its policy to comply with any other regulations
regarding the plan and to add contribution requirements.
9. Contribution Formulas
1. No contribution formulas currently.
2. Severance Pay. No severance contributions currently elected.
ARTICLE 35 - Duration
This Agreement shall be effective as of January 1, 2011, and shall remain in full force and effect
until the 31 st day of December 2012.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day
of , 2011.
FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49,
Business Manager Business Representative
Union Steward Union Steward
FOR THE CITY OF BROOKLYN CENTER
Mayor City Manager
I
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