Loading...
HomeMy WebLinkAbout5.E.3. Approval of 2010-2011 Public Works Union Contract 0- E 3 City of Shako pee Uf jAtL- MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrator SUBJECT: Ratification of20l0-20ll Public Works Union Contract DATE: March 31, 2010 Introduction The City Council is asked to authorize the appropriate individuals to sign a labor agreement negotiated with the Minnesota Teamsters, Local No. 320 on behalf of employees in the Public Works Department. Background A labor agreement has been negotiated with employees in the Public Works Department, who are represented by Minnesota Teamsters, Local No. 320. The union includes the City's seventeen Maintenance Operators, two Mechanics and the Mechanics' Apprentice. The following are the terms of the agreement: . Two year duration--the contract will be effective from January 1, 2010 - December 31, 201l. . There will be no cost ofliving adjustment or across the board wage adjustment in 2010. There will be a 1 % across the board increase to the wage schedule effective January 1, 20ll. . During both 2010 and 2011, eligible employees shall continue to receive step increases based on years of service. Currently 7 out of the 20 employees in this bargaining unit are still working their way through the step system. . The contract language shall include what is known as a "me-too" clause stating that in the case that non-union employees of the City receive an annual Cost of Living Adjustment in 2011 that is in excess of 1 %, an equal increase shall be provided to employees covered under this agreement. . A shift differential or early call-in pay is added, which provides for an additional $3.00 per hour for all hours worked between midnight and 6:30 a.m. that are related to snow plowing, sanding and salting, and snow removal. In circumstances where both overtime I pay and shift differential apply, the employee shall earn only the overtime pay. This provision is effective March L 2010. . The existing boot allowance of $1 00 per year remains, however, employees will have the option to carry their allowance, with some restrictions, over to the following year. Budget Impact The costs of the negotiated contract can be accommodated within the adopted Public Works budget for 2010 and will need to be incorporated into the 2011 budget as it is developed. Relationship to Vision Negotiating labor contracts that recognize the value of our employees while remaining within the City's means contributes to Goal D: Vibrant, Resilient and Stable and Goal E: Financially Strong. Requested Action If it concurs, the Council should authorize the appropriate officials to execute the attached labor agreement with the Minnesota Teamsters, Local No. 320, representing employees in the Public Works Department. (Gp~ p~e -{Dr 5.€.3. determine whether the money is paid to the employee or deposited in their HCSP. The conversion will take place once a year on the pay date ofthe last payroll ofthe plan year. ARTICLE XI. CALL BACK TIME An employee who is called in for work at a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be paid in cash or in compensatory time-off, as determined by the City Administrator. ARTICLE XII EARLY CALL-IN PAY Effective March 1 , 2010, employees shall receive an additional $3.00 per hour for all hours worked between midnight and 6:30 a.m. that are related to snow plowing, sanding and salting, and snow removal operations. In circumstances where both overtime pay and this early call-in pay apply, the employee shall earn only the overtime pay. ARTICLE XIII. LEGAL DEFENSE 12.1 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. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisors, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIV. SUBCONTRACTING WORK Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE XV. DISCIPLINE 14.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspenSIOn; d) demotion; or e) discharge. 14.2 Suspensions, demotions and discharges will be in written form. 9 s: E. 3, City of Shako pee MEMORANDUM CO~,lsr~~r . . .. . ~'J '+f'l '." .. . "'- bi~ . TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrat~ SUBJECT: Ratification of2010-2011 Public Works Union Contract DATE: March 31, 2010 Introduction The City Council is asked to authorize the appropriate individuals to sign a labor agreement negotiated with the Minnesota Teamsters, Local No. 320 on behalf of employees in the Public Works Department. Background A labor agreement has been negotiated with employees in the Public Works Department, who are represented by Minnesota Teamsters, Local No. 320. The union includes the City's seventeen Maintenance Operators, two Mechanics and the Mechanics' Apprentice. The following are the terms of the agreement: . Two year duration--the contract will be effective from January 1,2010 - December 31, 2011. . There will be no cost ofliving adjustment or across the board wage adjustment in 2010. There will be a 1 % across the board increase to the wage schedule effective January 1, 2011. . During both 2010 and 2011, eligible employees shall continue to receive step increases based on years of service. Currently 7 out of the 20 employees in this bargaining unit are still working their way through the step system. . The contract language shall include what is known as a "me-too" clause stating that in the case that non-union employees of the City receive an annual Cost of Living Adjustment in 2011 that is in excess of 1 %, an equal increase shall be provided to employees covered under this agreement. . A shift differential or early call-in pay is added, which provides for an additional $3.00 per hour for all hours worked between midnight and 6:30 a.m. that are related to snow plowing, sanding and salting, and snow removal. In circumstances where both overtime pay and shift differential apply, the employee shall earn only the overtime pay. . The existing boot allowance of $1 00 per year remains, however, employees will have the option to carry their allowance, with some restrictions, over to the following year. Budget Impact The costs of the negotiated contract can be accommodated within the adopted Public Works budget for 2010 and will need to be incorporated into the 2011 budget as it is developed. Relationship to Vision Negotiating labor contracts that recognize the value of our employees while remaining within the City's means contributes to Goal D: Vibrant, Resilient and Stable and Goal E: Financially Strong. Requested Action If it concurs, the Council should authorize the appropriate officials to execute the attached labor agreement with the Minnesota Teamsters, Local No. 320, representing employees in the Public Works Department. LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works I. Effective January 1,2010 - December 31,2011 1 INDEX ARTICLE SUBJECT PAGE Article I. PURPOSE OF AGREEMENT 3 Article II. RECOGNITION 3 Article ill. DEFINITIONS 3 Article IV. EMPLOYERSEClffiUTY 4 Article V. EMPLOYER AUTHORITY 5 Article VI. EMPLOYEE RIGHTS - GRIEVANCE 5 Article VII. UNION SECURITY 7 Article VIII. SAVINGS CLAUSE 7 Article IX. WORK SCHEDULE 8 Article X. OVERTIME 8 Article XI. CALLBACK 9 Article XII. EARL Y CALL-IN PAY 9 Article XIII. LEGAL DEFENSE 9 Article XIV. SUBCONTRACTING WORK 9 Article xv. DISCIPLINE 9 Article XVI. SENIORITY . 10 Article XVII. PROBATIONARY PERIODS 10 Article XVIII. SAFETY 11 Article XIX. JOB POSTING 11 Article XX. INSURANCE 11 Article XXI. HOLIDAYS 11 Article XXII. VACATIONS 12 Article XXIII. SICK LEAVE 12 Article XXIV. FUNERAL LEAVE 13 Article XXV. SEVERANCE PAY 13 Article XXVI. POST EMPLOYMENT HEALTH CARE SAVTINGS PLAN 13 Article XXVII. INJURY ON DUTY 13 Article XXVIII. COVERALLSffiNITORMS$OOTWEAR 13 Article XXIX. REPLACEMENT 14 Article XXX. REQUIRED LICENSES 14 Article XXXI. WAGES 14 Article XXXII. UCENSURE~ERTWICATIONPAY 14 Article XXXIII. WAIVER 15 Article XXXIV. MEET AND CONFER 15 Article :xxxv. DURATION 15 APPENDIX A.& B. WAGES 17 APPENDIX C Licensure & Certification Pay 18 APPENDIX D Post Employment Health Care Savings Plan 19 2 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union, the intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form, the party's 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 II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section l79A.03, Subd. 14 in an appropriate bargaining unit consisting of the following job classifications: Mechanic Maintenance Operator Mechanic Apprentice ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 EMPLOYER: The City of Shakopee 3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3 3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.7 OVERTIME: Any employee working more than 40 hours in a seven day period is to be paid at the overtime rate for the time worked which exceeds 40 hours. Time worked shall include hours actually worked and hours compensated for, including vacation, sick and comp time taken. Payment is not to be made for time that is taken without pay. 3.8 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. 3.9 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his /her duties without permission from his/her Employer on the date or dates when a strike occurs is prima facia presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re- employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he/she may have therefore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. 4 ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, 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 perform any inherent managerial function not specifically limited by this Agreement. 5.2 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 VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is defmed as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 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, as provided by Section 6.2 ofthis Agreement. 6.3 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 a 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 that 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. 6.4 Procedure. Grievances, as defined by Section 6.1, 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, the remedy requested 5 and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's [mal 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 [mal Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer 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 [mal 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 to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. 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. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms 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 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 tenns of this Agreement and to the facts of the grievance presented. 6 C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing 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. 6.6 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 written agreement of the Employer and the Union, in each step. ARTICLE VII. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 7.1 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 or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7.4 The Union agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE VID. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. 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 provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. 7 ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal workday for an employee shall be eight (8) hours. The normal workweek shall be forty (40) hours, Monday through Friday. 9.2 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 schedule of 6:30 AM to 2:30 PM. The Employer will give two weeks advance notice to the employees affected by the permanent establishment of workdays different from the employee's normal eight (8) hour workday. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) ftre, 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 circumstances prevent him from so working. 9.4 Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. ARTICLEX. OVERTIME 10.1 Overtime, as defined in 3.7, will be compensated at the rate of time and one-half (1 1/2) the employee's base rate of pay. Employees will have their choice of cash or compensatory time off. 10.2 Overtime shall be distributed as equally as practicable using a rotating overtime call list. No prior notice is required for overtime because much of it is of a "callout" nature requiring immediate response. Overtime will be offered to seasonal employees only if full-time employees are contacted and do not want it. 10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.4 Employees may maintain a balance of no more than eighty 80 hours of comp time at any one time during the payroll year. Employees may carryover up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the ending date of the last pay period of the payroll year will be converted into cash, and paid to the employee or deposited in the employee's Post Employment Health Care Savings Plan. The schedule in Appendix D will be used to 8 determine whether the money is paid to the employee or deposited in their HCSP. The conversion will take place once a year on the pay date of the last payroll of the plan year. ARTICLE XI. CALL BACK TIME An employee who is called in for work at a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be paid in cash or in compensatory time-off, as determined by the City Administrator. ARTICLE XII EARLY CALL-IN PAY Employees shall receive an additional $3.00 per hour for all hours worked between midnight and 6:30 a.m. that are related to snow plowing, sanding and salting, and snow removal operations. In circumstances where both overtime pay and this early call-in pay apply, the employee shall earn only the overtime pay. ARTICLE XIll. LEGAL DEFENSE 12.1 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. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisors, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIV. SUBCONTRACTING WORK Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE XV. DISCIPLINE 14.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspensIOn; d) demotion; or e) discharge. 14.2 Suspensions, demotions and discharges will be in written fonn. 9 14.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and notices. 14.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 14.5 Discharges will be preceded by a five (5) day suspension, without pay. 14.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 14.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VI. ARTICLE XVI. SENIORITY The City will work with an employee who has been promoted to a position within the City but outside of the bargaining unit, who later expresses a desire to return to the previous job within the bargaining unit, if a vacancy exists within that workplace. However, the right to return to the unit with benefits or seniority based on total time with the City shall expire after one (1) year. Seniority will be the determining criterion for transfers, promotions, lay-offs, and recalls, only when all other qualification factors are equal. Seniority shall be established based on each employee's length of continuous service in a position represented by the bargaining unit. Recall rights under this provision shall continue for 24 months after the lay-off occurs. Recalled employees shall have 10 working days after notification of recall by registered mail at the employee's last known address to report for work or forfeit all recall rights. ARTICLE XVIT. PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 16.2 All employees will serve a twelve (12) month probationary period in any classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 16.4 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. 10 ARTICLE XVIII. 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. Safety meetings will be held quarterly. ARTICLE XIX. JOB POSTING 18.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XVI. Probationary Periods. 18.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 18.4 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 XX. INSURANCE Public Works employees shall receive contributions towards health insurance premiums equal to that of non-contract employees. In addition, the City shall provide life, long-term disability and dental insurance equal to that for non-contract employees. ARTICLE XXI. HOLIDAYS The Employer will provide the following ten and one-half (1 0 1/2) paid holidays: New Year's Day (Jan. 1) Veterans' Day (Nov. 11) Martin Luther King Day (3rd Mon. in Jan.) Thanksgiving Day (4th Thur. in Nov.) President's Day (3rd Mon. in Feb.) Friday after Thanksgiving Memorial Day (Last Monday in May) Christmas Eve (~day - 4hrs.on Dec. 24th) Independence Day (July 4) Christmas Day (Dec. 25) Labor Day (First Monday in Sept.) 11 In addition to the above ten. and one-half paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to be taken as a holiday during the current year and cannot be carried over to the next year. An employee required to work on a holiday shall be paid or receive compensatory time at the rate of one and one-half (1 1/2) times the employee's base pay, plus the employee's regular rate of pay for the holiday. ARTICLE XXII. VACATIONS Vacation leave shall be earned by the employee at the following rate: o - 5 years of employment 10 days 6 - 15 years of employment 15 days 16-20 years of employment 20 days 21 & over years of employment 1 additional day per year up to 25 days at 25 years Employees who have 0-15 years employment may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 years of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without giving two (2) weeks written notice, and except for reasons of ill health, he or she shall forfeit his right to all accumulated vacation leave. ARTICLE XXIII. SICK LEAVE An employee shall accumulate sick leave at the rate of eight (8) hours per month to a maximum of nine hundred and sixty (960) hours. The City shall keep track and notify employees who have not accrued the full amount of sick leave for the year (8 hours per month x 12 months = 96 hours) as a result of being at the 960 hour limit. Employees shall receive this notification by November 15 of each year. Those employees shall have the option to receive one (1) hour of pay or (1) hour of vacation for every three (3) hours of sick leave that they would have accrued had they not been at the limit. Such conversion shall be limited to 60 hours of sick leave and must be requested, in writing, by December 1. The conversion shall be reflected in the fmal payroll of the year. Hours not requested to be converted shall be forfeited. Other provisions applicable to non-contract employees, as established by the City Administrator shall also be applicable. 12 ARTICLE XXIV. FUNERAL LEAVE Funeral leave for immediate family not to exceed three (3) days will be allowed by the City. Such funeral leave shall not be chargeable to sick leave, but instead shall be a separate bereavement leave. If more than three (3) days are required, the Employee may choose to deduct the extra three (3) from either vacation leave, comp time, or accumulated sick leave. Funeral leave may be granted for the death of the spouse, death of any relative residing permanently with and dependent upon the employee, or death of any child, parent, sibling, grandparent, or grandchild ofthe employee or of the employee's spouse. ARTICLE XXV. SEVERANCE PAY An employee who was a full time employee of the City before January 1, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from hislher position by retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal forty-five percent the value of all accumulated sick leave calculated on the basis of hislher current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, he/she shall forfeit his/her right to all accumulated sick leave. ARTICLE XXVI. POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be. enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $25 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay, severance pay and comp time buy back, as outlined in Appendix D. ARTICLE XXVII. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed twenty-five (25) working days, in accordance with guidelines set forth in M.S. 176.021, Subd.5. ARTICLE XXVill. COVERALLSIUNIFORMS/FOOTWEAR 27.1 The City of Shakopee shall provide one (1) set of coveralls as needed for each Street and Park employee as determined by the City Administrator. 27.2 For the duration of this agreement the City of Shako pee will pay 100% of the cost of weekly uniform rental for five (5) uniforms in, five (5) out, one (1) on the shelf and two (2) jackets for the City Mechanic(s). The City of Shakopee will also pay 100% of the cost of weekly uniform rental for maintenance workers to include five (5) uniforms in, five (5) uniforms out, one (1) on the shelf and two (2) jackets. 13 27.3 The City of Shakopee shall provide up to $100 per year toward the purchase of work shoes or boots. Boots must be purchased in the fIrst quarter of the calendar year and an itemized receipt must be submitted in order to receive the reimbursement. Footwear purchased with these funds must meet OSHA requirements for the individual's regular job duties. If the desired shoe/boot costs more than the City's allowance, the employee shall be responsible for the difference. New employees starting prior to July 1 shall be provided with the allowance upon the start of work. Employees starting after July 1 of a given year shall not be eligible for a boot allowance until the fIrst quarter of the following year. Employees may elect to carry-over their $100 boot allowance for a given year in order to have a $200 allowance available for use the following year. Employees may not, however, spend a portion of their annual boot allowance in one year and carry the remainder over to the following year. Only the full allowance may be carried over and it may only be carried over for one year. Allowances left unused in the second year shall be forfeited. ARTICLE XXIX. REPLACEMENT The Employer shall provide reimbursement/replacement of personal property such as glasses when accidentally damaged while on duty. The Employee must submit a written claim within a reasonably prompt time after the incident. Such claim must be verifIed by the Supervisor. ARTICLE XXX. REQUIRED LICENSES The City will pay the difference between a standard driver's license, and CDL driver's license, with required endorsements at the time of renewal. ARTICLE XXXI. WAGES The wage rates to be paid in 2010 and 2011 shall be as shown in Appendix A. In the case that non- union employees of the City receive an annual Cost of Living Adjustment in 2011 that is in excess of one percent (1 %), the wage scale shown in Appendix A shall be adjusted to provide an equal increase to employees covered under this agreement. In the case that the City completes a general wage study during the time period covered by this contract, and that study supports a wage change for employees covered by this contract, both the City and the Union shall agree to re~open this article and the corresponding Appendix for negotiation. ARTICLE XXXII LICENSURE / CERTIFICATION PAY The City of Shakopee and the Union recognize that education and training improve the quality of the workforce and the level of service provided to the public. Therefore, the City shall provide 14 premium pay to those employees receiving specified licenses or certificates, as outlined in Appendix C. Premium pay is added to base pay after all other considerations are made. Any employee eligible for premium pay as a result of obtaining one of the specified licenses or certifications shall not be entitled to pyramid said payments in excess of$1.15 per hour. ARTICLE XXXIII. WAIVER 32.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 32.2 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 term 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 of the parties at the time this Agreement was negotiated or executed. ARTICLE XXXIV. MEET AND CONFER The City and Union agree to meet and confer regarding items of concern (non-negotiable items) that are brought forth by the Union and the City. ARTICLE XXXV. DURATION This Agreement shall be effective as of January 1,2010 and shall remain in full force and effect until December 31, 2011. 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ,2010. FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Local 320 Representative City Administrator Union Steward City Clerk Union Steward 16 APPENDIX A Janua 1,2010 Maintenance o erator $18.659 $19.464 $20.270 $21.075 $21.881 $22.687 $23.493 $24.299 Mechanic $20.981 $21.680 $22.381 $23.082 $23.784 $24.485 $25.186 $25.889 Mechanic A rentice $17.306 $17.919 $18.535 $19.152 $19.770 $20.386 $21.002 $21.619 January 1,2011 (1 % increase Maintenance o erator $18.85 $19.66 $20.47 $21.29 $22.10 $22.91 $23.73 $24.54 Mechanic $21.19 $21.90 $22.60 $23.31 $24.02 $24.73 $25.44 $26.15 Mechanic A rentice $17.48 $18.10 $18.72 $19.34 $19.97 $20.59 $21.21 $21.84 APPENDIX B Employees assigned by the Employer as a Temporary Lead shall be paid $1.50 per hour in addition to their base rate of pay for the hours worked in this position. Assignments shall be for a minimum period of 2 hours. The position shall be assigned at the sole discretion of the Employer. 17 APPENDIX C Licensure & Certification Pay The Employer shall provide the following premium pay to those employees receiving additional licensure or certification related to their position: I. Maintenance Operators A. Public Works Certificate --American Public Works Association (APW A), Minnesota Chapter Public Works Certificate $.75/ hour premIum B. Waste Water Licensure --Class SC Waste Water $.25 / hour premium --Class SB Waste Water $.50 / hour premium C. Fertilizer/Chemical Applicator License $.50/ hour premium II. Mechanic A. Mechanics Test Series $.80 / hour premium --Successfully pass 8 tests in the (combined) Medium/Heavy Truck and Automotive Test Series, thereby attaining Master Mechanic status. City shall have final approval on qualifying licenses. Employees shall consult their supervisor prior to obtaining any of the above listed licenses or certifications, to determine whether the City has a need for additional employees with a particular license or certification. The City has sole authority to determine how many employees with a given license or certificate are needed for the successful operation of the Department, and shall provide premium pay only to that number of employees. However, there shall be no limit on the number of Maintenance Operators that may obtain a Public Works Certificate and the resulting premium pay. If there are more employees interested in obtaining a license or certificate than the City has a need for, the individual(s) with the most seniority will be given the opportunity over other equally qualified candidates. However, once an employee has successfully obtained a given license or certificate and is regularly assigned to perform the related work, they cannot be bumped from that position and the corresponding premium pay by a more senior employee wishing to obtain the license or certificate and subsequent premium pay. In addition to successfully obtaining the license or certificate, the employee must be regularly assigned to work in an applicable position. "Regularly assigned" is defined as at least 6 months per year for item B and at least 3 months per year for D. * * See Article XXXI for additional relevant terms. 18 APPENDIX D POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR Teamsters, Local 320 MEMBERS Years of Service with Hire Beginning 2nd Beginning ih Beginning 16th Beginning the City of -1 yr. through 6 yrs. through 15 yrs. through 24 yrs. 25th yr. + Shakopee % of payroll 0% 0.5% 1.5% 1.5% 1.5% contribution City $25 per month $25 per $25 per $25 per $25 per Contribution month month month month End of Year Buy Back of 0% 100% of hours in 100% of hours in 100% of hours in 100% of Comp Time excess of 40 excess of 40 excess of 40 hours in excess of 40 % of Severance Pay* NA NA 100% 100% 100% Accrued Vacation at the 0% 0% 50% 50% 100% Time of Departure Accelerated NA NA NA 100% 100% Sick Leave Payout * Severance Pay as defined in the City of Shakopee Personnel Handbook 19 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long~term service and dedication, contribute to making the city a successful and positive service provider. In recognition thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: . Full-time or part-time benefit-eligible employee with the City of Shako pee for 15 continuous years or more. . Employee must reach the age (usually age 55, as governed by Minnesota Statutes, 2004, 353.29 and related chapters) and service requirements to be qualified for retirement under PERA. . Employee is separating employment in good standing. . The percentage of the severance pay-out shall be based on a maximum of 960 hours o(accumulated sick leave calculated on the basis of the employee's current annual base pay. . The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee. 20