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9.f) SCANDIA 2015 Local 49ers Final AgreementLABOR AGREEMENT BETWEEN THE CITY OF SCANDIA _►� INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL No. 49 AFL-CIO January 1, 2015 through December 31, 2017 INDEX Article Paqe Article I Purpose of Agreement ............................................. 2 Article II Definitions.........................................................2 Article III Recognition.............................................................. 3 Article IV Union Security.......................................................... 3 Article V Employer Security .................................................... 4 Article VI Employer Authority ................................................... 4 Article VII Employee Rights -Grievance Procedure ................... 5 Article VIII Savings Clause........................................................ 8 Article IX Work Schedules....................................................... 8 Article X Overtime Pay........................................................... 9 Article XI Call Back.................................................................. 10 Article XII Legal Defense.......................................................... 10 Article XIII Right of Subcontract ................................................. 10 Article XIV Discipline.................................................................. 10 Article XV Seniority................................................................... 12 Article XVI Probationary Periods ................................................ 12 Article XVII Safety....................................................................... 12 Article XVIII Job Posting.............................................................. 13 Article XIX Hospital-Medical....................................................... 13 Article XX Life Insurance........................................................... 13 Article XXI Holidays................................................................... 13 Article XXII Funeral Leave.......................................................... 14 Article XXIII PTO.......................................................................... 15 Article XXIV Uniform/Boot Allowance ........................................... 16 Article XXV Severance Pay ......................................................... 16 Article XXVI On -Call Position........................................................ 17 Article XXVII Waiver....................................................................... 17 Article XXVIII Wage Schedule......................................................... 18 Article XXIX Duration.................................................................... 19 Signatures................................................................. 19 1 LABOR AGREEMENT BETWEEN THE CITY OF SCANDIA AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49, AFL-CIO ARTICLE I — PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Scandia, hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, 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 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 II — DEFINITIONS 2.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 2.2 EMPLOYER: The individual municipality designated by this AGREEMENT is the CITY OF SCANDIA. 2.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49. 2.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 2.5 BASE PAY RATE: The Employee's hourly pay rate exclusive of any other special allowances. 2.6 SENIORITY: Length of continuous service with the EMPLOYER. 2.7 SEVERANCE PAY: Payment made to an Employee upon honorable termination of employment. 2.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of forty (40) hours within a five (5) day period. 2.9 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. 2.10 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE III — RECOGNITION 3.1 The EMPLOYER recognizes the UNION as the exclusive representative pursuant to Minn. Stat. §179A.12, subd. 10 of a bargaining unit certified by the Minnesota Bureau of Mediation Services, BMS Case No. 15PCE0312, and described as: All Maintenance Workers, Equipment Operators, Snowplow Operators, Parks Wastewater Operators, Street, Sewer/Water employees employed by the City of Scandia, Minnesota, who are public employees within the meaning of Minn. Stat. §179A.03, subd. 14, excluding clerical, supervisory and confidential employees. 3.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the bureau of mediation services for determination. ARTICLE IV — UNION SECURITY In recognition of the UNION as the exclusive representative the following shall apply: 4.1 The UNION shall obtain written authorization from all Employees within the certified bargaining unit for the deduction of union dues established by the UNION in accordance with the provisions of Minn. Stat. §179A.06, subd. 3. 3 4.2 The EMPLOYER shall deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all Employees within the certified bargaining unit authorizing in writing such deduction. The UNION will inform the EMPLOYER as to the amount of membership dues and initiation fees, which amounts will not change more than once per calendar year. Initiation fees, dues and other assessments shall commence thirty-one (31) days from the date of employment. 4.3 The EMPLOYER shall remit such deduction to the appropriate designated officer of the UNION. 4.4 The UNION may designate certain Employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 4.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments, including attorney fees and costs, 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 V — EMPLOYER SECURITY 5.1 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. 5.2 Any Employee who engages in a strike may have their appointment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. 5.3 An Employee who is absent from any portion of the Employee's work assignment without permission, or who abstains wholly or in part from the full performance of the employee's duties without permission from the Employee's EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 5.4 No Employee shall be entitled to any daily pay, wages or per diem for the days on which the Employee engaged in a strike. ARTICLE VI — EMPLOYER AUTHORITY 6.1 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 4 technology; to establish, modify, eliminate, or otherwise change the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial functions, duties and/or responsibilities. Except as clearly limited by the express terms of this Agreement, the right of the EMPLOYER in all respects to manage its business, operations, and affairs shall be unimpaired. The enumeration of rights and duties listed in this Agreement shall not be deemed to exclude other inherent rights and management functions not expressly reserved in this Agreement, and all management rights and management functions not expressly delegated in this Agreement are reserved to the EMPLOYER. ARTICLE VII — EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE Section A. A grievance is defined as any dispute or disagreement between an employee and the City as to the interpretation or application of this agreement and shall not include proposed changes in the terms and conditions of this agreement, nor shall a grievance extend to matters of inherent managerial policy, the overall budget of the City, utilization of technology, the organizational structure or selection, direction and number of personnel. Section B. A grievance shall not be valid for consideration unless the grievance is submitted in writing within twenty (20) days after the grievance arose. Failure to file any grievance within such period shall be deemed a waiver thereof. Section C. The employee and the City shall attempt to adjust all grievances which may arise during the course of employment in the following manner- Subd. 1. anner: Subd.1. An effort shall first be made to adjust the grievance informally between the employee and supervisor. If the grievance cannot be resolved through informal discussion, then the grievance shall be submitted in writing to the supervisor setting forth the facts and the specific provisions of the Agreement allegedly violated. The supervisor or his/her designee will give his/her written decision on the grievance within ten (10) days after receipt of the written grievance. Subd. 2. In the event that the grievance is not resolved in Subd. 1, the decision rendered in Subd. 1 may be appealed to the City Administrator provided such appeal is made in writing and appealed to the City Administrator within five (5) days after receipt of the decision in Subd. 1. The City Administrator or his/her designee shall set a time to meet with the employee within fifteen (15) days after receipt of the appeal. Within ten 5 (10) days after the meeting, the City Administrator or his/her designee shall issue a decision in writing. Subd. 3. In the event that the grievance is not resolved in Subd. 2, the decision rendered in Subd. 2 may be appealed to the City Council within five (5) days after receipt of the decision in Subd. 2. Said City Council shall consider such grievance at a meeting called within fifteen (15) days after said appeal is filed with the City Clerk. Subd. 4. A grievance unresolved in Subd. 3 and appealed in Subd. 4, shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Subd. 4 may be appealed to Section F within fifteen (15) days following the EMPLOYER'S final answer in Subd. 4. Any grievance not appealed in writing to Section F by the UNION within fifteen (15) days, shall be considered waived. Subd. 5. The employee in each of the above subdivisions may be accompanied by and represented by a person designated by him/her. Section D. Failure by the employee to appeal a grievance from one (1) subdivision to another within the time periods provided; therein, shall be deemed a waiver of the grievance. In computing time in the foregoing procedure, the word "day" shall constitute work days. Section E. Failure by the City Council or the City employees to issue a decision within the time period provided herein shall constitute a denial of the grievance. Section F. Arbitration Procedure: In the event that the employee and the City are unable to adjust any grievance as defined in Section A herein, the grievance may be submitted to binding arbitration. Subd. 1. A request to submit a grievance to arbitration must be in writing, signed by the aggrieved party, and such request must be filed in the office of the Clerk within ten (10) days following the decision in Subd. 4 of the grievance procedure. Subd. 2. No grievance shall be considered by the arbitrator which has not first been duly processed in accordance with the grievance procedure and appeal provisions outlined in this procedure. Subd. 3. The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. Subd. 4. Decisions by the arbitrator in cases properly before him/her shall be final and binding upon the parties. Subd. 5. Each party shall bear its own expenses in connection with the arbitration, including expenses relating to the party's representatives, witnesses, and any other expenses which the party incurs in connection with presenting its case in arbitration. A transcript shall be made of the hearing. The parties shall share equally fees and expenses of the arbitrator, the cost of the transcript, and any other expenses which the parties mutually agree are necessary for the conduction of the arbitration. Subd. 6. The arbitrator shall have jurisdiction over disputes or disagreements relating to matters properly before the arbitrator pursuant to the terms of this procedure. The jurisdiction of the arbitrator shall not extend to the proposed changes in terms and conditions of employment as defined herein and contained in a written agreement or memorandum of agreement as agreed to by the parties; nor shall an arbitrator have jurisdiction over any matter which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein; nor shall the jurisdiction of the arbitrator extend to matters of inherent managerial policy, which shall include but are not limited to such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel. Subd. 7. Upon the proper submission of a grievance under the terms of this procedure, the parties shall, within fifteen (15) days after the submission, attempt to agree upon the selection of an arbitrator. If no agreement is reached within ten (10) days, the parties may individually or jointly request the Bureau of Mediation Services to appoint an arbitrator, requesting that said appointment be made within thirty (30) days after the receipt of said request. Subd. 8. Upon notice of the appointment of the arbitrator, the appealing party shall promptly forward to the arbitrator, with rl a copy to the City Clerk, the submission of the dispute, which shall include the following: a. Question or questions at issue. b. Statement of facts. C. Position of the grievant. d. The written documents on file relating to the grievance procedure. 7.1 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. ARTICLE VIII — 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 the 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 IX— WORK SCHEDULES 9.1 The sole authority to create and/or modify work schedules is vested with the EMPLOYER. The normal work day for an Employee shall be eight (8) hours, the normal hours of operation will be 7:00 a.m. to 3:30 p.m. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for Employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00 a.m. to 3:30 p.m. work shift. Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. The EMPLOYER shall give seventy two hours (72) advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day. 8 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, tree removal from roadways, breakdown of municipal equipment for facilities or equipment failure in the wastewater system, no advance notice need be given as required in section 9.2. 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 him/her from so working. ARTICLE X — OVERTIME PAY 10.1 Hours worked in excess of forty (40) hours within a five (5) day period will be compensated for at one and one-half (1-1/2) times the Employee's regular base pay rate, or at discretion of management, compensatory time off at the rate of one and one-half (1-1/2) hours off for each hour of overtime worked. 10.2 All overtime must be approved by the Employee's direct supervisor or designee in advance of such work. Any Employee who works overtime without prior approval may be subject to disciplinary action in accordance with Article XIV Discipline. 10.3 For the purpose of calculating overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.4 For purposes of calculating overtime, any Employee who performs work outside the bargaining unit will be paid subject to a weighted average between the two wage scales multiplied by 1.5. 10.5 Employees may accumulate up to a maximum of eighty 80 hours of compensatory time. Unused accrued compensatory time at the end of each calendar year may be carried over to the next calendar year. 10.6 For purposes of calculating overtime, hours worked shall be defined as those hours actually worked or accounted for by holidays and up to eight (8) hours of compensatory time off in one workweek. Workers Compensation will not apply as hours worked for purposes of calculating overtime. ARTICLE XI — CALL BACK N7 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-'/2) times the Employee's base pay rate. ARTICLE XII — 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 (other than speeding), ordinance violation or criminal offense arising from acts performed within the scope of employment, when such act is performed in good faith and under direct order of the employee's supervisor shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII — 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 XIV — DISCIPLINE 14.1 The EMPLOYER will discipline Employees only for just cause. Any disciplinary actions in the Employee's personnel file will be expunged after sixty (60) months of the initial occurrence, unless the same discipline has occurred more than once within sixty (60) months. 14.2 The EMPLOYER may elect to use progressive discipline with any Employee in the certified bargaining unit. Disciplinary action may include potential action, up to and including termination of employment, based on the nature and severity of the infraction, the conditions surrounding the incident, and any past history of discipline. There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. The EMPLOYER has the sole authority to choose the appropriate discipline and nothing in this AGREEMENT implies that an Employee in the certified bargaining unit has a property right to the job that he/she performs. 14.3 Documentation of any disciplinary action taken will be placed in the Employee's personnel file with a copy provided to the Employee and Union Representative. 10 14.4 The following are descriptions of the type of disciplinary action the EMPLOYER may take against an Employee in the certified bargaining unit: 14.5 Oral Reprimand: This measure will be used where informal discussions with the Employee's supervisor have not resolved the matter. All supervisors have the authority to issue oral reprimands without prior approval. Oral reprimands put the Employee on notice that the performance or behavior needs to change and what that change must be. Oral reprimands shall be documented in the file with the date issued, summary of the discussion and any corrective action needed. 14.6 Written Reprimand: A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected or the behavior has not consistently improved in a reasonable period of time. Serious infractions may require skipping either the oral or written reprimand, or both. Written reprimands are issued by the supervisor with prior approval from the City Administrator. A written reprimand will: (1) state what happened; (2) identify the policy, directive or performance expectation that was not followed; (3) provide history, if any, on the issue; (4) state goals, including timetables, and expectations for the future; and (5) indicate consequences of recurrence. 14.7 Suspension With or Without Pay: The City Administrator may suspend an Employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. Qualified veterans will not be suspended without pay in conjunction with a termination. The Employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. An Employee may be suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that Employee. The leave may be with or without pay depending on a number of factors including the nature and/or severity of the allegations. If the allegation is proven false after the investigation, the relevant written documents will be removed from the Employee's personnel file and the Employee will receive any compensation and benefits due had the suspension not taken place. 14.8 Demotion and/or Transfer: An Employee may be demoted or transferred if attempts at resolving an issue have failed and the City Administrator determines a demotion or transfer to be the best solution to the problem. The Employee must be qualified for the position to which they are being demoted or transferred. The City Council must approve this action. 14.9 Salary: An Employee's salary increase may be withheld or the salary may be decreased due to performance deficiencies. The City Council must approve this action. 11 14.10 Discharge: The City Administrator, with the approval of the City Council, may discharge an Employee for substandard work performance, serious misconduct, or behavior not in keeping with EMPLOYER'S standards. ARTICLE XV — SENIORITY Seniority will be the determining criterion for transfers, promotions and lay- offs when all other qualification factors are equal. ARTICLE XVI — PROBATIONARY PERIODS 16.1 All newly hired or rehired Employees within the certified bargaining unit will serve a six (6) month probationary period. 16.2 All Employees who are reassigned into the certified bargaining unit from a prior position, in which the employee has not yet served a probationary period in, with the EMPLOYER, will serve a six (6) month probationary period. 16.3 At any time during the probationary period a newly hired or rehired Employee may be disciplined and/or terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period an Employee who was reassigned to the certified bargaining unit or promoted within the certified bargaining unit may be demoted or reassigned to the Employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII — 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 XVIII — 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 that applicants: 18.1.1 Have the necessary qualifications to meet the standards of the job vacancy -land 12 18.1.2 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 of 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 XIX — HEALTH BENEFITS 19.01 The employer agrees to provide all full time employees with Local 49's bargaining premium health insurance with the Employees responsible for paying twenty percent (20%) of the cost of the health insurance premium. ARTICLE XX — LIFE INSURANCE 20.1 The City shall provide $15,000 life insurance policy for all eligible employees and pay the monthly premium. An eligible employee is one regularly scheduled to work by the EMPLOYER for forty (40) hours or more per week. ARTICLE XXI — HOLIDAYS 21.1 Holidays are defined as: New Year's Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Fourth Thursday in November Fourth Friday in November December 24 December 25 13 21.2 Provided if a holiday falls on a Saturday, the day before shall be observed as the holiday. If a holiday falls on a Sunday, the day after shall be observed as the holiday. In the event Christmas Eve falls on either a Saturday or Sunday the Friday before Christmas Eve shall be the holiday. In the event Christmas Eve falls on a Friday, the day before shall be observed as the holiday. 21.3 Employees called in to work on days defined as holidays shall receive time and one half (1-'/2) the employee's regular rate of pay in addition to the holiday pay. ARTICLE XXII — FUNERAL LEAVE 22.1 Funeral leave shall be granted to full-time Employees as follows: Four (4) days in each case of the death of: ■ Employee's parents or stepparents; ■ Employee's spouse, or person regarded as such; ■ Employee's children, stepchildren or foster children; Two (2) day in each case of the death of: ■ Employee's siblings or stepsiblings; ■ Employee's grandparents or stepgrand parents; ■ Employee's grandchildren or stepgrandchildren; ■ Parents or stepparents of the Employee's spouse or person regarded as such; ■ Siblings or stepsiblings of the Employee's spouse or person regarded as such; One (1) day in each case of the death of: ■ Employee's aunt, uncle, niece, or nephew, including step relations; ■ Grandparents or stepgrand parents of the Employee's spouse or person regarded as such; ■ Grandchildren or stepgrandchildren of the Employee's spouse or person regarded as such. 22.2 Funeral Leave will be at the Employee's regular rate of pay and shall not be counted against the Employee's PTO. Upon approval of the supervisor, the Employee may choose to use PTO to extend the funeral leave. The City Administrator may determine the length of leave for any case not meeting the above guidelines. ARTICLE XXIII — PTO 14 23.1 Paid Time Off (PTO) 23.2 Paid Time Off shall accrue according to the following schedule for regular full-time Employees: Completed PTO hours PTO days (8 hr.) Years of accrued per accrued per year Employment year 0 — 1 132 16.5 2-4 168 21 5-9 192 24 10-14 216 27 15+ 240 30 23.3 An Employee shall not have more than 480 hours of PTO accrued at any time. Any PTO accrued over 480 hours shall be converted to a contribution to MSRS. Such conversion into MSRS shall be capped at forty (40) hours accumulation per year. The conversion shall take place once a year in the second week of December. 23.4 Employees may not use PTO until it has been credited to the employee's bank in the payroll system. 23.5 Accumulated PTO cannot be transferred from one Employee to another. 23.6 PTO shall not be earned by an Employee during leaves of absence without pay when such leaves are in excess of ten (10) consecutive working days. An Employee receiving either short term or long term disability insurance is considered to be on leave without pay for the purposes of this section. 23.7 Probationary Employees will accrue PTO and may use PTO in conjunction with this article, but shall not receive payment for unused PTO if the employee is terminated during the probationary period. 23.8 PTO may be used in increments of 30 minutes or more so long as the employee(s) have notified their immediate supervisor or equivalent within thirty (30) minutes prior to the start of the work day or during the work day. Any PTO exceeding one (1) day must be scheduled in advance with the Employee's immediate supervisor, unless taken due to illness or emergency. 23.9 PTO will take two forms: • planned time off which will be scheduled in advance with the supervisor's approval; 15 • unplanned time off which will require notification of the supervisor within 30 minutes of the employee's scheduled work day if the employee is not at work, or notification of the supervisor before leaving work. 23.10 The unused balance of PTO shall be paid to an Employee leaving the city in good standing at the pay rate the Employee is earning at the time of separation from employment. ARTICLE XXIV - UNIFORMS/ BOOT ALLOWANCE All full time Employees will be provided a clothing and boot allowance in the amount of three hundred and fifty ($300.00) dollars per year. ARTICLE XXV — SEVERANCE PAY Full-time Employees will be paid severance pay as follows: Employees who leave the employment of the EMPLOYER in good standing by retirement or resignation will receive pay for unused Paid Time Off as provided by Article 23 of this agreement. Good standing means the Employee notified an immediate supervisor a minimum of fourteen (14) days' notice of their intentions to terminate or retire from the EMPLOYER. Employees have the option of directing those dollars into a 457 deferred compensation plan (subject to IRS regulations and Minnesota law) or (MSRS) ARTICLE XXVI — ON-CALL POSITION 26.1 Worker on call Policy a. Local 49 members scheduled to be on-call on weekends shall be compensated Seventy Dollars ($70.00) per weekend day. b. Local 49 members scheduled to be on-call on weekdays shall be compensated Twenty-five Dollars ($25.00) per weekday. c. Local 49 members scheduled to be on-call on holidays shall be compensated Seventy Dollars ($70.00) per holiday day. d. Any time spent on-call will not count towards hours worked for purposes of calculating overtime, unless such Employee was actually called to answer and/or respond to an emergency call. Local 49 members and the Director of Public Works will make up the schedule to be on-call and carry the pager on weekends with the final approval by the Director of Public Works. ARTICLE XXVII — WAIVER 27.1 This AGREEMENT represents the complete and total AGREEMENT between the UNION and the EMPLOYER. 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. 27.2 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 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 XXVIII- WAGES 28.1 Employees will be evaluated by their supervisors on their anniversary date of employment consistent with the step increases proposed below and a personal review of that evaluation will be required between the employee and the employee's supervisor. The employee will complete a self evaluation prior to review with supervisor. All employees will be eligible to move to the next step provided the employee meets the job performance criteria, in the sole discretion of the City. Full Time Maintenance Worker Effective 7/1/15: Step 1 Start $20.22 Step 2 1 Year Anniversary $21.33 Step 3 3 Year Anniversary $22.50 Step 4 5 Year Anniversary $23.74 Step 5 8 Year Anniversary $24.93 Effective 1/1/16: 2% increase Step 1 Start $20.62 Step 2 1 Year Anniversary $21.76 Step 3 3 Year Anniversary $22.95 Step 4 5 Year Anniversary $24.21 ir/ Step 5 8 Year Anniversary $25.43 Effective 1/1/17: 2% increase Step 1 Start $21.03 Step 2 1 Year Anniversary $22.20 Step 3 3 Year Anniversary $23.41 Step 4 5 Year Anniversary $24.69 Step 5 8 Year Anniversary $25.94 28.2 Any work performed by an Employee outside the bargaining unit shall not be subject to the wage scale included in this Article XXVIII. ARTICLE XXIX — DURATION This AGREEMENT shall be effective as of January 1, 2015, and shall remain in full force and effect until December 31, 2017, and shall continue in effect from year to year thereafter unless either party shall give written notice at least sixty (60) days prior to any anniversary date of its desire to amend or terminate the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 2015. FOR THE CITY OF SCANDIA: FOR I.U.O.E. LOCAL NO. 49: Business Manager Business Representative Steward it-] MEMORANDUM OF UNDERSTANDING Between LOCAL No. 49 and the CITY OF SCANDIA SUBJECT:Central Pension Fund of the International Union of Operating Engineers. PURPOSE:To Allow for Participation in the Central Pension Fund of the International Union of Operating Engineers APPLICABILITY: This letter applies to the International Union of Operating Engineers, Local No. 49 of the City of Scandia employees. E-'1r_A94Ly, l4►11lK•7atilkiIQ4 Z+'lr_1.1.11.[cs The City of Scandia and Local 49 agree to continue in good faith the exploration of participation in the Central Pension Fund. Realizing the City's concern of administrative costs as well as member's willingness to participate, this memorandum of understanding can be terminated by either party prior to full enrollment in the plan. Should both parties agree to move forward, the following would apply: 1) Member participation will be by majority vote. 2) Employee contributions will be funded from their wage settlement. 3)Wages will be recalculated to reflect the amount of money contributed to the Central Pension Fund. The undersigned representatives for the Union and the City hereby agree this day of ,2015. This Memorandum shall expire December 31, 2017. This Memorandum may be extended or modified by mutual agreement by both parties. For the City of ScandiaFor the International Union of Operating Engineers, Local No. 49; Kristina Handt, City Administrator Date: Cory Bergerson, Area Business Rep. i 11'] Date: