12. LOCAL No. 49 Labor Agreement 2021-2023 (final Draft)
LABOR AGREEMENT
BETWEEN THE
CITY OF SCANDIA
-AND-
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL No. 49
AFL-CIO
January 1, 2021 through December 31, 2023
INDEX
Article Page
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 ................................................... 5
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 Health Benefits ......................................................... 13
Article XX Life Insurance .......................................................... 13
Article XXI Holidays ................................................................... 14
Article XXII Funeral Leave .......................................................... 14
Article XXIII PTO .......................................................................... 15
Article XXIV Uniforms/Boot Allowance ......................................... 16
Article XXV Severance Pay ......................................................... 17
Article XXVI On-Call Position ........................................................ 17
Article XXVII Waiver ....................................................................... 17
Article XXVIII Wage Schedule ......................................................... 18
Article XXIX Duration .................................................................... 19
Signatures ................................................................. 19
MOU- Central Pension Fund …………………………. 20
MOU- Insurance Premium……………………………. 21
MOU- CPF Contribution MOU ……………………… 22
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.
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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:
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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.
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 Administrative Dues: Effective January 1, 2021 the Employer will,
upon written notification of the individual employee, deduct from the pay of such
employee the working dues assessment. These dues will be deducted at ten
cents ($.10) per hour, not to exceed 40 hours per week. All money collected by
the Employer, as provided here, shall be remitted, along with the reporting form
which states the employee’s name, last four digits only of social security number,
hours worked, and amount of working dues owed, to Local 49’s office located at
2829 Anthony Lane South, Minneapolis, Minnesota 55418, not later than the 15th
day of the month following the month in which deductions were made.
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.
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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 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
7.1 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.
7.2 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.
7.3 Procedure: The employee and the City shall attempt to adjust all grievances which
may arise during the course of employment in the following manner:
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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 resolved in conformance with the following procedure:
Step 1. An EMPLOYEE OR REPRESENTATIVE OF THE UNION claiming a
violation concerning the interpretation or application of this AGREEMENT shall,
within twenty-one (21) calendar days after such alleged violation has occurred,
present such grievance to the EMPLOYEE'S supervisor as designated by the
EMPLOYER. The EMPLOYER-designated representative will discuss and give an
answer to such Step 1 grievance within ten (10) calendar days after receipt. A
grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing
setting forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the AGREEMENT allegedly violated, and the remedy
requested and shall be appealed to Step 2 within ten (10) calendar days after the
EMPLOYER-designated representative's final answer in Step 1. Any grievance
not appealed in writing to Step 2 by the UNION within ten (10) calendar days
shall be considered waived. Grievances involving suspension or a dismissal may,
by mutual agreement of the EMPLOYER and the UNION, commence at Step 3.
Step 2. If appealed, the written grievance shall be presented by the UNION and
discussed with the EMPLOYER-designated Step 2 representative. The
EMPLOYER-designated representative shall give the UNION the EMPLOYER'S
Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2
grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within
ten (10) calendar days following the EMPLOYER-designated representative's final
Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION
within ten (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and
discussed with the City Council. The City Council shall give the UNION the
Employer’s answer in writing within fifteen (15) 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 City Council'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.
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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. 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.
In place of the Arbitrator selection process as outlined in the Public Employment
Labor Relations Act, the UNION and EMPLOYER may select an Arbitrator by mutual
agreement.
7.4 Unless mutually agreed, no grievance shall be considered by the arbitrator which
has not been duly processed in accordance with the grievance procedure and
appeal provisions.
7.5 Arbitrator's Authority
a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this AGREEMENT. The arbitrator
shall consider and decide only the specific issue(s) submitted in writing by the
EMPLOYER and the UNION, and shall have no authority to make a decision
on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of laws,
rules, or regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following the
close of the hearing or the submission of briefs by the parties, whichever be
later, unless the parties agree to an extension. The decision shall be binding
on both the EMPLOYER and the UNION and shall be based solely on the
arbitrator's interpretation or application of the express terms of this
AGREEMENT and to the facts of the grievance presented.
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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.
7.7 Choice of Remedy - If, as a result of the EMPLOYER Proposal 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 Article
VIII or a procedure such as: Civil Service, Veteran's Preference, or Fair
Employment. If appealed to any procedure other than Step 5 of Article VIII the
grievance is not subject to the arbitration procedure as provided in Step 5 of
Article VIII. The aggrieved employee shall indicate in writing which procedure
is to be utilized — Step 5 of Article VIII or another appeal procedure — and
shall sign a statement to the effect that the choice of any other hearing
precludes the aggrieved employee from making a subsequent appeal through
Step 5 of Article VIII.
ARTICLE VIII – SAVINGS CLAUSE
8.1 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
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the Employees affected by the establishment of work days different from the
Employee’s normal eight (8) hour work day.
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 eight (8) hours within a twenty four (24) hour period
Monday through Friday or forty (40) hours within a five (5) day period Monday
through Friday will be compensated for at one and one-half (1-½) times the
Employee’s regular base pay rate, or at discretion of management, compensatory
time off at the rate of one and one-half (1-½) 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, all compensated hours including PTO,
holidays or compensatory time shall be considered hours worked. Workers
Compensation will not apply as hours worked for purposes of calculating
overtime.
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ARTICLE XI – CALL BACK
11.1 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 (1-½) 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
13.1 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.
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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.
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.
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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.
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
15.1 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 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
17.1 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:
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18.1.1 Have the necessary qualifications to meet the standards of the job
vacancy; and
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
The employees are eligible for coverage from the Operating Engineers, Local No.
49 Health and Welfare Fund (Health and Welfare Fund). The terms of the Trust
Agreement establishing the Health and Welfare Fund is hereby incorporated as a
part hereof. The Employer agrees to make monthly contributions to the Health
and Welfare Fund and will execute a separate participation agreement regarding
those contributions. and provide all full time employees with Local 49’s
bargaining premium health insurance, with the Employees responsible for twenty
percent (20%) of the cost of their 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.
20.2 Long Term Disability: Bargaining unit members shall receive the same
long term disability benefits as all other city employees.
ARTICLE XXI – HOLIDAYS
21.1 Holidays are defined as:
New Year’s January 1
Martin Luther King Day Third Monday in January
President’s Day Third Monday in February
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Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Eve Day December 24
Christmas Day December 25
21.2 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 are entitled to Holiday pay, which is eight hours of pay given
whether or not the employee works on the Holiday.
Employees called in to work on the following Holidays: Memorial Day,
Independence Day, Labor Day and Columbus Day shall receive time and
one half (1-½) the employee’s regular rate of pay in addition to the holiday
pay.
21.4 Employees called in to work on the following Holidays: New Year’s Day,
Martin Luther King Day, Presidents Day, Veterans Day, Thanksgiving Day,
Day after Thanksgiving, Christmas Eve Day and Christmas Day shall
receive double time (2) the employee’s regular rate for all hours worked 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 stepgrandparents;
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;
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One (1) day in each case of the death of:
Employee’s aunt, uncle, niece, or nephew, including step relations;
Grandparents or stepgrandparents 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
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.
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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;
• 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
The City will provide each employee an annual clothing allowance of $325.00 per
year which will allow employees to purchase approved safety boots, jackets,
bibs, t-shirts, Polos, sweat shirts, winter hats, gloves and jeans.
The City will provide standard work gloves. If the employee prefers an
alternative glove it will be paid for out of their clothing allowance.
The City will provide 5 high visibility t-shirts each year. The employee is
responsible for care of the clothing and the Employee recognizes that clothing
must not be worn that does not meet safety standards.
The City will replace high visibility jackets as needed with supervisor’s approval.
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
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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.
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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 1/1/21: 3.25% COLA
Step 1 Start $23.61
Step 2 1 Year Anniversary $24.92
Step 3 3 Year Anniversary $26.28
Step 4 5 Year Anniversary $27.72
Step 5 8 Year Anniversary $29.12
Effective 1/1/22: 3% increase
Step 1 Start $24.32
Step 2 1 Year Anniversary $25.67
Step 3 3 Year Anniversary $27.07
Step 4 5 Year Anniversary $28.55
Step 5 8 Year Anniversary $29.99
Effective 1/1/23: 3% increase
Step 1 Start $25.05
Step 2 1 Year Anniversary $26.44
Step 3 3 Year Anniversary $27.88
Step 4 5 Year Anniversary $29.41
Step 5 8 Year Anniversary $30.89
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.
28.3 Licensure Pay: Additional $.25 per hour premium for employees holding
any of the following licenses: Service Provider, Class D Wastewater, Class E
Water and Class C Water not to exceed one (1) license premium per employee.
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ARTICLE XXIX – DURATION
This AGREEMENT shall be effective as of January 1, 2021, and shall remain in
full force and effect until December 31, 2023, 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 _________________, 2020.
FOR THE CITY OF SCANDIA: FOR I.U.O.E. LOCAL NO. 49:
____________________________ __________________________
Christine Maefsky, Mayor Business Manager
____________________________ __________________________
Ken Cammilleri, City Administrator Business Representative
__________________________
Steward
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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.
STATEMENT OF UNDERSTANDING:
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 _______________, 2017. This Memorandum shall expire
December 31, 2020.
This Memorandum may be extended or modified by mutual agreement by both
parties.
For the City of Scandia For the International Union of Operating
Engineers, Local No. 49;
______________________________ ______________________________
Neil Soltis, City Administrator Cory Bergerson, Area Business Rep.
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Date: __________________________ Date: ________________________
MEMORANDUM OF UNDERSTANDING
Between
LOCAL No. 49 and the CITY OF SCANDIA
The City of Scandia hereby agrees to provide all full time employees with Local
49’s bargaining premium health insurance, with the Employees responsible for
twenty percent (20%) of the cost of their health insurance premium.
This Memorandum may be extended or modified by mutual agreement of both
parties and it shall expire December 31, 2020.
City of Scandia International Union of Operating
Engineers, Local No. 49
______________________________ ______________________________
Neil Soltis, City Administrator Cory Bergerson, Area Business Rep.
Date: _________________________ Date: __________________________
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SCANDIA AND
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49
The City of the Scandia and the Union hereby agree the City has until December
31, 2018 to explore the implementation of a phone or radio communication. If
the City does not meet this deadline, the City and the Union will meet to discuss
the implementation of a phone stipend for members of the bargaining unit. This
Memorandum of Understanding will expire on December 31, 2020.
_________________________ ___________________________
Neil Soltis, City Administrator Cory Bergerson, Area Business
Representative
Date: _____________________ Date: _______________________
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MEMORANDUM OF UNDERSTANDING
Central Pension Fund
City of Scandia
The purpose of this Memorandum of Understanding is to assist both Labor and
Management in identifying and implementing the Central Pension Fund (CPF)
contribution rate.
1) The CPF is a supplemental Pension Fund authorized by Minnesota
Statutes,§356.24, subdivision 1(10).
2) The parties agree that the agreed upon amount that would otherwise be paid in
salary or wages will be contributed instead to the CPF as pre-tax employer
contributions. Contributions from the City will not be funded from any source
other than this wage reduction.
3) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension
Fund at 4115 Chesapeake Street NW, Washington, D.C. 20016.
4) For purposes of determining future wage rates, the Employer shall first restore
the amount of the wage reduction, which is currently the CPF contribution rate of
$1.50 per hour, then apply the applicable wage multiplier, then reduce the
revised wage by the CPF contribution rate.
5) For purposes of calculating overtime compensation the Employer shall first
restore the amount of the wage reduction ($1.50/hr.) then apply the applicable 1.5
wage multiplier required under the Fair Labor Standards Act and the collective
bargaining agreement, then pay the resulting amount for overtime worked.
6) A contribution of $2.40 per straight time hour worked prevents annual CPF
contributions for individual employees from exceeding $5,000.00 in a year and
therefore complies with limitations set forth under Minnesota Statute § 356.24,
subd. 1(10) as amended.
7) The parties agree that the Public Employees Retirement Association interprets
employer contributions to the CPF as being included in determining "salary"
for the purposes of the public pension.
8) The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve
as the governing documents.
9) Effective 1-1-2018 the contribution rate equals $1.50 for all straight time hours
worked.
10) Members, by majority vote, may change the contribution rate at any time during
the life of this agreement. The Union and the employer will work together to
implement member approved changes as soon as is practicable.
________________________________ _____________________________
Employer: Cory Bergerson, Business Representative
________________________________ ______________________________
Date: Date:
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