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HomeMy WebLinkAbout2012-164 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-164 RESOLUTION APPROVING THE CONTRACT FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2013 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 IUOE Local 49 (Public Works Maintenance) for a contract for the year 2013 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached contract with IUOE Local 49 (Public Works Maintenance) for the calendar year 2013; and 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, 2013. S December 10, 2012 Date Mayor ATTEST: ,a" �M&M ' 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, Lin Myszkowski, .and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2012-164 Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 January 1,2013-December 31,2013 RESOLUTION NO. 2012-164 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 12 33 Local 49 Central Pension Fund 13 34 Post Employment Health Care Savings Plan(PEHCSP) 13 35 Duration 15 RESOLUTION NO. 2012-164 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 party. 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 E_mployees 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 equipment; to establish functions and programs;to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select,direct and determine the number of personnel;to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 2 RESOLUTION NO.2012-164 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 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 4 RESOLUTION NO. 2012-164 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. i 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. 6 RESOLUTION NO. 2012-164 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(11/a) 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. 8 RESOLUTION NO. 2012-164 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 2013 Full-time employees Effective 1/1/13,the City will contribute payment of nine hundred thirty-nine dollars ($939)per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible plan. Effective 1/1/13,the city will contribute payment of seven hundred ninety-four dollars ($794)per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. 10 RESOLUTION NO. 2012-164 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 II 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 with respect to any terms or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate 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 12 RESOLUTION NO. 2012-164 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. 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. { 14