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HomeMy WebLinkAbout2014-147 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-147 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 YEARS 2015-2016 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 years 2015-2016 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 years 2015-2016; 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 1,2015. October 27, 2014 Date Mayor ATTEST: .VAAW Kl_ux� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kris Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: T m',Villson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2014-147 Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 January 1,2015 -December 31,2016 i RESOLUTION NO. 2014-147 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 66 15 Work Schedules 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 12 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 16 RESOLUTION NO. 2014-147 ARTICLE 1 -Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49,International 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 fall 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 e the The Employer recognizes the Union as the exclusive representative for all Employees in 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 1,Maintenance 11, 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 ajob 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. RESOLUTION NO.2014-147 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. fif 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 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 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.2014-147 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 j of the Employee(s)unless the Employee(s) is given the opportunity 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 working hours provided the Employee and the Union Representative have notified and 3 RESOLUTION NO. 2014-147 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 (2 1) 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 I grievance within ten(10)calendar days after receipt. A grievance not resolved in Step I 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 Employees 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, 2014-147 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 (3 0) 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 If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or 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 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 Employer response in Step 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 5 of Section 10.4 or another appeal procedure--and shall sign a statement to the effect that 5 RESOLUTION NO, 2014-147 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. 6 RESOLUTION NO, 2014-147 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 11,1 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. 7 RESOLUTION NO.2014-147 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(I V2)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(1-112)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. 2014-147 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 cam 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. 9 RESOLUTION NO.2014-147 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 44%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 2015 Full-time employees Effective 1/1/15,the City will contribute payment of one thousand and fifty-nine dollars ($1,059)per month per employee for use in participating in the City's insurance benefits j for those employees who elect to participate in a high deductible plan. Effective 1/l/15,the city will contribute payment of eight hundred fifty-two dollars ($852)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.2014-147 For 2016,the City will offer the best of any agreement that we have for any other group for 2016. 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 thari 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 1,2015(2% +$0.25/hour market adjustment Maintenance 111 $27.32 Maintenance 11 $26.02 Step 3 $24.29 Step 2 $22.61 Step 1 $20.91 Start $19.21 Mechanic $27.32 Night Service Person $26.02 Effective January 1,2016(2% +$0.13/hour market adjustment Maintenance 111 $28.00 Maintenance 11 $26.67 Step 3 $24.91 Step 2 $23.19 Step 1 $21.46 Start $19.72 Mechanic $28.00 Night Service Person $26.67 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. RESOLUTION NO.2014-147 ARTICLE 29-Working Out of Classification Pay 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 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#95013 Front-End Loader Backhoes Caterpillar Front-End Loader Model 928 Crawler Dozer Street Sweeper/Pick-up or Vac Type Patch Truck 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 11 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. 12 RESOLUTION NO.2014-147 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 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 I.U.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 13 RESOLUTION NO.2014-147 collective bargaining agreement,then pay the resulting amount of overtime worked. 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. 14 RESOLUTION NO. 2014-147 4. Eligible Expenses Reimbursed by Plan Funds in a PEHCSP account may be used to reimburse: I 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. 15 RESOLUTION NO. 2014-147 ARTICLE 35-Duration This Agreement shall be effective as of January 1,2015, and shall remain in full force and effect until the 31 st day of December 2016. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this day of , 2014. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS,LOCAL NO.49, Business Manager Business Representative Union Steward on Steward Union Steward FOR THE CITY OF BROOKLYN CENTER r Mayor City Manager 16