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HomeMy WebLinkAboutAFSCME Contract Labor Agreement between the City of St. Joseph and American Federation for State, County and Municipal Employees (AFSCME) Contract Period: January 1, 2010 — December 31, 2011 LABOR AGREEMENT BETWEEN THE CITY OF ST. JOSEPH AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFLCIO An exclusive representative of the Employees of the City of St. Joseph ARTICLE 1 PURPOSE OF THE AGREEMENT This agreement is entered into as of January 1,2010 between the City of St. Joseph, herein after called the "Employer ", and the American Federation of State, County and Municipal Employees, AFL -CIO herein after called "AFSCME ". It is the intent and purpose of this agreement to: 1.1 Establish this Agreement's interpretation and /or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 RECOGNITION 2.1 The Employer recognizes AFSCME as the exclusive representative for all employees of the City of St. Joseph who are public employees within the meaning of Minnesota Statute 179A.03, Subd.14 excluding supervisory, confidential, Police Chief, and members of the St. Joseph Police Department who are represented by the Police Union (LELS). 2.2 The Employer shall not enter into any agreement with the employees coming under this jurisdiction, either individually or collectively which in any way conflicts with the terms and conditions of this Agreement. 2.3 The Employer recognizes the Union as the representative for all employees identified in 2.1 and will negotiate wages for all new bargaining unit positions. ARTICLE 3 DEFINITIONS 3.1 AFSCME: American Federation of State County and Municipal Employees, AFL -CIO. 3.2 AFSCME Member: A member of the bargaining unit covered by this agreement. 3.3 Employee: A member of the exclusively recognized bargaining unit. 3.4 Regular Employee: Employee who has completed the probationary period. 3.5 Probationary Employee: Employee who has not completed the probationary period. 3.6 Employer: City of St. Joseph ARTICLE 4 EMPLOYER AUTHORITY 4.1 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 to perform any inherent managerial functions not specifically limited by this agreement. ARTICLE 5 EMPLOYEE SECURITY 5.1 AFSCME may designate employees from the bargaining unit to act as stewards, negotiators and alternates and shall inform the Employer in writing of such choice and changes in the position of steward and /or alternate. 5.2 There shall be no discrimination, by the Employer or AFSCME against any employee because of age, sex, race, color, disability, religious or political belief, or membership, or non - membership in AFSCME. 5.3 For such employees as authorized in writing, the Employer shall deduct from the first pay check of each employee per month an amount equal to the regular monthly AFSCME dues, and any other Union and employee approved deductions, and shall be remitted as directed by AFSCME. For those employees who do not provide written authorization, the employer shall deduct from the first paycheck of each month an amount equal to 85% of the regular monthly AFSCME dues as a Fair Share Fee in accordance with M.S. 179.65, Subd. 2, and shall be remitted as directed by AFSCME. 5.4 The Employer shall make space available on the employee bulletin board at the unions' expense for posting Union notice(s) and announcements. 5.5 Union representatives shall have access to the premises of the Employer at reasonable times and subject to reasonable rules in connection with official Union business. ARTICLE 6 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 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 employment, as outlined in this agreement. -2— 6.2 PROCEDURE - Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step One An employee claiming a violation concerning the interpretation or application of this agreement shall, within 14 calendar days after such alleged violation has occurred or an Employee reasonably could be expected to be aware of it, present such grievance to their supervisor. Members of the Maintenance / Utility Staff shall provide such grievance to the Public Works Director, members of the City Office Staff shall provide such grievance to the Finance Director and members of the Police Administration support staff will provide such grievance to the Police Chief. The Supervisor will discuss and give an answer to such Step 1 grievance within seven (7) working 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 provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within seven (7) working clays after the Employer's representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by AFSCME within said seven working days shall be considered waived. Step Two: If appealed, the grievance shall be reduced to writing and presented to the City Administrator. The appeal must be submitted no later than (5) five working days from the date of the supervisor's answer. A 2nd step meeting shall be scheduled seven (7) work days from receipt of the written grievance in an effort to resolve the grievance. The meeting shall be attended by the supervisor, Administrator, the grievant (s), the steward and /or another Union Official. The parties will use their best efforts to make sure that necessary information used as the basis of the grievance /answer is available at the meeting. The parties will attempt to resolve the issue at the Step 2 meeting. However, if it is not fully resolved, the City -3— shall make a written reply to the union within ten (10) working days from the date of the 2nd step grievance meeting. Discharges, however, shall be reduced to writing by the Employee and /or the Union Steward and forwarded by the Union Steward to the appropriate supervisor no later than five (5) work days from the date of discharge. Step 3 if appealed to Step 3, the grievance shall be submitted in writing to the City Council. The City Council shall consider the grievance at the next regularly scheduled meeting (grievance must be received at least seven (7) days before the meeting to be included in the agenda). At the meeting either the Employee or AFSCME may make whatever presentation deemed appropriate to the City Council. Within ten (10) days of the meeting, the City Council shall issue a written answer to the grievance. A grievance not resolved in Step 3 may be appealed by AFSCME to Step 4 within ten (10) days of the issuance of the written decisions by the City Council. Any grievance not appealed by AFSCME within ten (10) calendar days shall be considered waived. Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by AFSCME shall be submitted to the Director of Mediation Services for mediation, subject to the provisions of the Public Employment Labor Relations Act, Minnesota Statutes Chapter 179A. If either party petitions for binding arbitration stating that an impasse has been reached, and the Director determines that further mediation would serve no purpose, the Director shall certify the matter to the Minnesota Bureau of Mediation Services for binding arbitration, in accordance with Minnesota Statutes Chapter 179A. 63 WAIVER - If a grievance is not presented within the time limits set forth above, it shall be considered waived, absent extraordinary circumstances. 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. -4— 6.4 EXPENSES - Any costs or expenses incurred in conjunction with mediation or arbitration procedures shall be borne equally by the Employer and the Union, with each paying one -half of the costs or expenses incurred. Each party shall be responsible for their own attorney fees with regard to any grievance procedure. 6.5 EXCLUSIVE REMEDY - This procedure shall be the sole and exclusive means of processing a grievance. ARTICLE 7 HOURS OF WORK 7.1 The Employer shall be the sole authority in determining the work schedules. 7.2 The normal workweek shall consist of five (5) days, eight (8) hours per day, Monday through Friday, and totaling 40 hours. The normal work year shall consist of 2080 hours. 7.3 Work schedules shall be posted one (1) week in advance, subject to change due to emergency circumstances. "Emergency" circumstances relate solely to health and safety issues. 7.4 An employee shall be granted two (2), fifteen (15) minute rest breaks each day. Rest breaks will be scheduled in mid - morning and mid - afternoon. Break /rest periods shall not be combined to compensate for late arrivals or early departures. 7.5 If an employee works longer than four (4) hours, they will be given a minimum of one - half hour unpaid lunch period. The time when lunch periods are scheduled varies among departments, depending on the needs of each department. 7.6 An employee is expected to take their allotted time for lunch. They are requested not to perform any work during their regularly scheduled lunch period, unless specifically requested to do so by the supervisor. In that event, the lunch will be rescheduled. ARTICLE 8 OVERTIME AND PREMIUM PAY 8.1 So far as possible, Employees working in the same department doing the same general responsibilities shall receive approximately the same amount of scheduled overtime in anyone year. 8.2 If a "non- exempt" employee performs overtime work, they will be paid one and one - half 1 %: ) times their regular hourly wage for anytime over eight (8) hours per day or - 5 -- 40 hours per week that an employee works. If during that week, they were away from their job because of a job- related injury, jury duty, scheduled vacation, paid sick leave, paid holiday or funeral leave, those hours not worked will be counted as hours worked for the purpose of computing eligibility for overtime pay. 8.3 Occasionally an employee may be asked to return to work after they have left the premises for the day. If this occurs an employee will be paid at a minimum rate of two hours, calculated at one and one -half (1 %2) times the employee's regular hourly wage. 8.4 Overtime work performed which is compensated for by time and one half off, in lieu of overtime shall be called compensatory time. It may be taken in hourly or half hour increments. Employees may accrue up to a maximum of 80 hours and carryover a maximum of 40 hours. Hours accumulated over the maximum of 40 hours (in the 26 payroll period) will be paid out in the 26 payroll period of each calendar year. Thereby leaving the balance in the compensatory time bank at 40 hours at the close of the 26 payroll period. 8.5 For the purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 8.6 Fiscal Pay period — Bi- weekly (26 Pay Periods per year). Payday is normally every other Wednesday for the service performed for the pay period ending the previous Friday at 12:00 Midnight. 8.7 Employees required to work on Elections shall be paid at the following rates: 1— 8 hours straight time; 8.01 to 12 hours at time and one -half ( 11/:)12.01 hours and up at double time (2x). ARTICLE 9 HOLIDAYS 9.1 The following days shall be paid holidays for regular employees New Years Day January 1St Martin Luther King Day 3 Monday in January Presidents Day 3rd Monday in February Good Friday %2 day plus 'A day floating Memorial Day Last Monday in May Independence Day July 4th Labor Day 1 Monday in September Veterans Day November 11 Thanksgiving Day 4 Thursday in November Day after Thanksgiving 4 Friday in November -6- Christmas Eve December 24 Christmas Day December 25 Personal Holiday Floating 9.2 If the holiday falls on Saturday, the holiday will be observed on the preceding work day; if the holiday falls on a Sunday, the holiday will be observed on the next work day. 9.3 If Christmas falls on a Saturday, Sunday or Monday the Christmas Eve holiday and Christmas holiday will be observed as follows: If Christmas falls on: Christmas Eve is Christmas is observed on: observed on: Saturday Thursday Friday Sunday Friday Monday Monday Friday Monday 9.4 Employees required to work on a holiday shall be paid one and one half times their regular rate of pay for all hours worked on the holiday. 9.5 Maintenance Employees scheduled to work on a holiday shall only be required to complete utility and facility checks. The employee working on the holiday shall be paid at time and one -half ( 1 ) and will be paid a minimum of two hours. In addition, the employee shall be allowed to bank holiday hours equal to the actual hours worked. The holiday hours must be used within 60 days of the holiday or they will be forfeited. 9.6 If a Holiday falls on an individual's scheduled work day it shall be recognized on that day. For example, if Christmas Eve is on Friday and Christmas is on Sunday, all other employees receive Thursday and Friday off (see 9.3), the employee on call shall work Thursday and recognize Friday and Saturday as Holidays. 9.7 Maintenance employees whose scheduled day off falls on a holiday will receive another day off with pay. This day must be used within 60 days of the holiday or the hours will be forfeited. 9.8 Each regular employee shall receive a Personal Holiday to be used at the discretion of the employee upon approval of the immediate supervisor. The Personal Holiday hours may not be taken in increments and will be equal to the hours worked on a typical work day. Personal Holiday hours not used before December 31 of any calendar year shall be forfeited. -7- Part time employees working 30 hours per week or more and are regularly scheduled to work Monday — Friday shall earn five personal holidays. The hours shall be equivalent to the average work day (i.e. an employee working 6 hours per day shall earn five personal days equaling 30 hours). An employee using a Personal Day the day before or the day after a holiday shall not be entitled to the holiday pay. The addition of the Personal Holiday is not intended to reduce the need to hire full time employees, rather provide for intermittent time off. ARTICLE 10 VACATIONS 10.1 Regular Employees shall earn vacation benefits as follows: a) One year of service — 40 hours b) Two through four years of service — 80 hours c) Five through nine years of service —120 hours d) Ten through twenty years of service —160 hours e) Twenty -one to twenty five years of service, an additional eight hours of vacation for each year of employment will be accrued with a maximum of 200 hours. 10.2 Vacation hours will be credited each pay period, prorated on the schedule outlined in section 10.1. 10.3 Vacation hours may be taken in increments of not Tess than one half hour. 10.4 If an employee is eligible for three (3) or four (4) weeks of vacation, they may take a maximum of two (2) weeks at one time with written approval from the supervisor if received in advance. Employees eligible for 120 hours or more of vacation shall also be required to take at least one block of five consecutive vacation days. 10.5 If an employee is on an approved unpaid leave of absence for less than thirty (30) days, their vacation eligibility will not be affected; should the leave extend beyond thirty (30) days, vacation time will not continue to accrue. 10.6 If a City paid holiday falls during a scheduled vacation period, an employee will not be charged a vacation day for that holiday. 10.7 At an employee's option, employees leaving employment shall be compensated for vacation leave earned and unused to the date of separation by lump sum or may request to use vacation accrued as time off. -8— 10.8 Employees are allowed to carry forward into the next calendar year, a maximum of one hundred (100) vacation hours. All vacation hours in excess of 100 hours per employee on December 31 of any calendar year shall be forfeited. 10.9 Vacation preferences shall be designated by March 30, and seniority shall govern in the case of conflict and employees shall schedule at least eighty (80 %) percent of their vacation time by this time. 10.10 An employee deprived of a vacation or any part thereof due to an emergency, shall be compensated in pay for the vacation time lost, or be allowed the vacation time taken at a later date on approval of the Employer, at the Employer's discretion. If the vacation time denied occurs after December 15 and the employee cannot reschedule the time before the end of the year, up to 40 hours may be carried forward to the next calendar year (above the maximum carry over in section 10.8) These additional hours must be expended no later than February 15 of the following calendar year. Regular part time (not temporary or seasonal) employees shall earn vacation benefits on a pro rata basis (must work a minimum of 30 hours per week). ARTICLE 11 SICK LEAVE 11.1 Sick leave with pay shall be earned by each regular employee on the basis of eight (8) hours for each month of service. 11.2 Sick Leave may be accumulated up to a maximum of seven hundred and twenty hours (720). When an employee hired prior to May 1, 2001 has reached the maximum accumulation of sick days, s /he will be paid for eight hours at the regular rate of pay for each month that sick leave is earned but not used. When an employee hired after May 1, 2001 has reached the maximum accumulation of sick days, s /he will be paid for four (4) hours at the regular rate of pay for each month that sick leave is earned but not used. 11.3 Employees may use their sick leave in increments of not less than one hour at any one time. 11.4 Sick leave may be granted for the purposes of visiting doctors, dentists or other practitioners in their offices. This time may also be used for tending to a serious illness suffered by a member of an employee's immediate family, in the event the illness -9— requires their personal time and attention. For purposes of this section, immediate family includes spouse, child, parent or sibling living in their home. 11.5 If an employee is permanently disabled, any accrued sick leave shall be paid at the time of the disability. Payment will be equal to one half of the accrued sick leave balance. 11.6 If an employee is on an approved unpaid leave of absence for Tess than thirty (30) days, an employee's sick leave eligibility will not be affected. Should the leave extend beyond thirty (30) days, sick leave time will not continue to accrue. 11.7 Upon retirement or termination in good standing and after three or more years of service, Employees shall receive four (4) hours of pay for each eight hours of unused accumulated sick leave. When an employee separates employment, in good standing, with 10 or more years of service, s /he will receive 100% of the accumulated balance deposited into an IRS approved medical spending account as established by the City of St. Joseph and specified in Article 19 of this Agreement 11.8 Sick leave may be granted only for absence from duty due to personal illness, legal quarantine, or death or serious illness in the employee's immediate family, and what amount of sick leave that may be used for death in the immediate family and what constitutes "immediate family" shall be a spouse, child, parent or sibling living in their home. 11.9 If the absence is for more than three (3) days in duration, a medical certificate may be required. 11.10 In order for an eligible Employee to receive sick leave, the employee must notify the employer prior to scheduled work to the appropriate supervisor the reason for a proposed absence from duty, and keep the appropriate supervisor informed of his or her condition of the absence daily. An exception to this notification is a multi -day excuse from the doctor submitted prior to the leave. 11.11 Claiming sick leave when physically fit except as provided by this Article may be cause for disciplinary action, including suspension, demotion or dismissal. 11.12 An Employee may supplement benefits received under Workers Compensation up to an amount equal to the difference between such benefits and the employee's normal pay. Employees who receive Workers Compensation while being paid sick leave by the City of St. Joseph will be obligated to report those check amounts to the City of St. - 10 — Joseph at which time an equal amount of money will be subtracted from the gross pay of the employee's next pay checks before taxes and other deductions are made. 11.13 Sick Leave Donation — The City of St. Joseph supports its employees' desire to assist each other in times of need. As a result, employees will be allowed to donate time to other employees in need under the following guidelines: a) Employees will be allowed to donate a maximum of five (5) days of sick leave per calendar year. b) The donation of time will be to a specific individual in need to be used for the duration of their own particular illness or to provide for the care of a child, spouse or parent who is ill. c) A maximum amount of time equivalent to no more than a total of 90 days may be donated to any individual in coordination with leave policies. Donated leave may only be used to bridge the gap from use of paid benefits to qualification for long term disability where applicable. d) Employees will be allowed to use donated leave time once they have exhausted all of their own paid leave. f) Only employees who have been employed for at least one year will be eligible to receive this leave. g) Participation in Leave Donation is voluntary and Leave Donors will remain anonymous. h) Final approval for donation and acceptance of donated leave lies with the City Administrator. ARTICLE 12 FUNERAL LEAVE 12.1 An Employee shall be granted three days leave with pay in the event of a death in the immediate family (spouse, children, father, mother, spouses' parents, spouses' children or legal guardian, brothers and sisters). 12.2 An Employee shall be granted one day leave with pay in the event of a death of a grandparent, spouses' grandparent, grandchildren or sibling or any member of the extended family with the supervisor's approval. 12.3 An Employee may take up to one day without pay to attend funerals of other relatives and friends. Vacation time may be used for this purpose. Employees may only use funeral leave twice in one calendar year for this purpose. - 11 — ARTICLE 13 BONE MARROW 13.1 An Employee working an average of 20 hours or more per week, shall be entitled to a paid leave of absence when undergoing a medical procedure to donate bone marrow. The combined length of leave of absence to complete the procedures shall not exceed 40 work hours, unless the employee specifically agrees to a greater leave. The employer may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. ARTICLE 14 JURY DUTY 14.1 It is an employee's civic duty as a citizen to report for jury duty whenever called. If an employee is called for jury duty, the City will permit them to take the necessary time off. The City of St. Joseph will reimburse an employee for the difference between their jury pay and their regular pay, not to exceed eight (8) hours per day for a maximum of ten (10) business days. ARTICLE 15 MILITARY LEAVE 15.1 Every Employee to whom Minnesota Statutes Section 192.26 or 192.261 applies is entitled to the benefits afforded by those sections. The state law giving 15 working days leave per year to National Guard and reserve personnel for training or when called into active duty is mandatory and applies to every city whether or not included in the Ordinance. This section is included simply to make city employees and employers aware of the fact that the State Law applies. ARTICLE 16 UNPAID LEAVES OF ABSENCE 16.1 In the event it is necessary for an employee to be absent from work for reasons other than sick leave, funeral leave, vacation, jury duty or family and medical leave, a written request for an unpaid leave of absence must be made at least fourteen (14) calendar days prior to the effective date of the leave of absence. 16.2 Requested leaves of absence will be granted only when such leave would not affect the services provided by the Employer, is recommended by the City Administrator, and is approved by the City Council. The approval of such requests is discretionary with the City Council. - 12 — 16.3 During an unpaid leave of absence employees will earn no compensation or benefit. ARTICLE 17 FAMILY MEDICAL LEAVE ACT 17.1 All parties involved in this bargaining agreement are bound by the Family Medical Leave Act and by any amendments or judicial interpretations thereto. ARTICLE 18 HEALTH BENEFITS 18.1 The Employer shall provide health and dental insurance to full time regular and part time regular (those working 32 hours per week or more, prorated based on hours worked; i.e.: If an employee works 35 hours, the Employer would pay seven eighths of the employer contribution). The Health insurance offered shall contain Major Medical, Medical Health Care Coverage and Dependents Health Care Coverage 18.2 Health Insurance: The Employer will provide the following two health insurance options: a. High Deductible Health Plan 100 (HSA). The City will pay 80% of the monthly insurance premium. In addition the City will fund the deductibles as follows: Employer Contribution Single Coverage $ 2,000 Family Coverage $ 4,000 The Employer will pay 100% of the deductible for any employee converting from the Aware Gold Insurance Plan to the HSA in 2010. The contribution will be placed in the individual HSA account upon execution of the Labor Agreement. In conjunction with the first pay period of the calendar year, the City will deposit one half (1/2) of the employer contribution in to each individual HSA account. The second one half (1/2) of the City's contribution shall be deposited on the pay period closest to July 1 of each calendar year. Eligibility for participation shall be based on section 18.1 of this agreement. - 13 — b. Aware Gold with Co -pay. For the year 2010 the maximum premium the employer shall pay is that equal to the amount of premium paid for the HSA 100 Plan, plus the portion of the deductible the employer contributes for HSA 100 Plan. Beginning January 1, 2011 the Aware Gold Insurance Plan will not be an available option for the employees. 18.3 Dental Insurance: The Employer shall provide dental insurance for both the employee and dependents. The Employer will pay 80% of the dental insurance premium with the employee paying 20%. Eligibility for participation shall be based on section 18.1 of this agreement. 18.4 In the event of termination of employment with the City of St. Joseph or loss of eligibility to remain covered under the City group health insurance program, the employee and their eligible dependents shall be allowed to continue coverage as provided through COBRA, with the employee paying the associated costs at their own expense. 18.5 Upon retirement, employees shall have the option of continuing to be covered under the City group health insurance program at their own expense. 18.6 Life Insurance: The Employer shall provide all eligible regular employees Group Life Insurance to include Accidental Death and Dismemberment. a. The amount of Life Insurance provided for eligible employees shall be at least $ 30,000. b. The Employer will pay 80% of the premium with the employee paying 20%. So Spousal and dependent coverage shall be provided if the coverage is part of the policy covering the employee. c. The insurance is payable in the event of the employees death from any cause, at any time or place, while they are insured. Payment will be made in a lump sum or in installments to the beneficiary, as designated by the employee. An employee may change their beneficiary whenever they wish by submitting the appropriate documents to the City Administrator. -14— 18.7 Long Term Disability: All eligible regular employees of the City of St. Joseph are protected through accumulated sick leave days for short term disability if they are totally disabled because of illness or accident that is not job related (not to exceed their accumulated sick leave days). Long -term disability begins after 720 hours and is defined in the literature provided by the insurance company. Total disability means that an employee cannot perform any position that the City of St. Joseph has available, than an employee is qualified for and normally able to perform. The City shall not be liable to an employee for the insurer's failure to pay a claim. The Employer shall provide all eligible employees with disability insurance as per current policy which includes spousal disability at no cost to the employee. Disability Insurance shall become effective 180 days after the date of hire. 18.8 Short Term Disability: The Employer shall make available a short term disability policy that bridges the gap from Sick Leave to Long Term Disability. The employee shall bear the full cost of the premium and participation shall be optional. The City agrees to obtain quotes for this benefit for employees. If this benefit is chosen not to be utilized by the Union during this contract period it will be dropped and removed in the next contract. 18.9 Health Club Membership: The Employer shall participate in the cost of health club membership for regular employees provided the employee meets the Blue Cross requirements for reimbursement. The Employer shall pay one -half (1/2) of the balance not paid by Blue Cross of the employee cost. Spouse and dependent membership shall be the responsibility of the employee. The Employer shall only contribute towards the employee membership. Union will waive this benefit for the time period of January 1, 2010 through December 31, 2011. -15— ARTICLE 19 POST RETIREMENT HEALTH CARE SAVINGS 19.1 Establishment of VEBA. The Employer will establish an Employer- sponsored Post Retirement Health Care Savings Plan (HCSP) as provided for in the Laws of MN 2001, Chapter 352.98, for participation of regular full time employees. 19.2 Severance Pay. Upon severance through retirement or termination of employment the employee shall be entitled to 100 %, provided they have 10 or more years of service with the City of St. Joseph (see 11.7 of this agreement), of their allowable accumulated sick leave for severance purposes. Payment shall be determined on the basis of the employee's rate of pay in the last pay period prior to severance. 19.3 Contribution — Unused Sick Leave. Within sixty (60) days of the effective date of severance, the Employer shall deposit into the individual HCSP account 100% of the accumulated, unused sick leave, provided they have 10 or more years of service with the City of St. Joseph (see 11.7 of this agreement). Employees will not be entitled to receive this amount in the form of taxable cash compensation. 19.4 Administrative Fee. Annual investment fee charges and administrative fees to administer the Plan are deducted from the employee HCSP Account. ARTICLE 20 PROBATIONARY PERIODS, SENIORITY, and RESIGNATION 20.1 All newly hired regular employees shall serve a six (6) month probationary period. During their probationary period, employees may be terminated at the sole discretion of the Employer. Termination during probation is not a grievable action. Monthly AFSCME Membership Dues or Fair Share Fee shall be deducted from the first paycheck of every month, beginning the second month of employment in a bargaining unit position. 20.2 Upon completion of the probationary period, employees shall become regular Employees with the meaning of this Agreement and shall have seniority dating from the beginning date of their continuous employment. 20.3 In the event of a layoff or recall, classification seniority shall govern provided that no regular Employee shall be laid off while probationary employees are employed. - 16 — 20.4 The employee shall provide at least fourteen (14) calendar days' written notice of an intent to resign, specifying the termination date, and reason for resignation. Failure to provide such notice may mean loss of termination benefits due under this Agreement, excluding the event of death, illness and /or disability. An unauthorized leave of more than three (3) working days shall be deemed to be a resignation without notice, excluding the event of death and illness and /or disability. 20.5 If an employee was a regular employee and was laid off, they will be considered a regular employee upon return to work, provided that they were not on layoff for longer than two years. Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled. 20.6 When the Employer has determined that recall will be made and the number of employees to be recalled, the Employer will recall senior employees. Employees who refuse a recall from layoff to the position he /she held at the time of layoff will be removed from the recall list. Employees may refuse a recall to a different job within the City and such employees will then only be recalled to their original position. If an employee cannot be promptly reached, the Employer's representative shall send a certified letter (return receipt from addressee only required) to the employee's address of record. If said employee does not report for work within ten (10) working days of receipt of such notice, such an employee will be considered as having voluntarily terminated. 20.7 If an employee is recalled to a position in a lower rated job classification or to a part- time or a seasonal position, he /she shall have the right to return to the job classification he /she held prior to being laid off in the event it subsequently becomes available. If an employee is recalled to a lower rated job classification or to a part-time position which is less that 75% full time, the employee shall have the right to refuse the recall and remain on the recall list. The Employer shall not hire new employees in bargaining unit positions as long as there are still employees on the recall list who are presently qualified to perform the work in the affected job classification and who are willing to be recalled to said classification. -17— 20.8 Employees who are eligible for recall shall be given ten (10) calendar days' notice of recall and shall be sent to the employee by certified or registered mail with a copy to the Union. The employee must notify the Employer of his /her intention to return within five (5) working days after receiving notice of recall. The employee must be willing to report and to return to work within ten (10) working days following receipt of the notice of recall. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the mailing address provided by the employee. It is the obligation and responsibility of the employee to provide the employer with his /her latest mailing address. 20.9 Seniority for full time employees shall be defined as an employee's length of continuous service within the bargaining unit since his /her last date of hire. Part time employees seniority shall be determined by hours worked. 20.10 In the event of a layoff, a minimum of a two week notice must be provided. 20.11 The seniority list, on the date of the Agreement, shall show the names of all employees of each department (City Office and Public Works) entitled to seniority. The employer will provide the Union with an up to date copy of the seniority list upon request. 20.12 An employee shall lose his seniority for the following reasons only: a) He /she resigns. b) He /she is discharged, and the discharge is not reversed through the procedure set forth in this Agreement. c) He /she is absent for three (3) consecutive working days or four (4) calendar days without notifying the employer, unless the employee is mentally or physically unable to notify the employer. Upon return to work, the Employee shall be required to show proof of such inability to notify the employer. After such absence, the employer will send written notification to the employee at his /her last known address that she /he has lost her /his seniority and her /his employment has been terminated. If the disposition of such case is not satisfactory, the matter may be referred to the grievance procedure. d) If she /he does not return to work when recalled from layoff as set forth in the recall procedure. - 18 — ARTICLE 21 VACANCIES, NEW POSITIONS, and PROMOTIONS 21.1 New positions and vacancies shall be posted on the employee's bulletin board ineach department, and employees shall have seven (7) calendar days in which to apply. 21.2 The senior employee applying under 21.1 who meet the qualifications as determined by the Employer for the position posted shall be offered the position. The Union acknowledges it is the City's right to determine job descriptions and qualifications for the positions. The Union shall not have the right to grieve or arbitrate job descriptions or qualifications for the positions. 21.3 Qualification determination will include satisfactory attendance and prior satisfactory job performance. 21.4 If an employee refuses to accept a promotion to the job classification as he /she requested, that employee will no longer be considered for promotion or transfer for that job classification until he /she has resubmitted a request form. 21.5 Employee must have been in his /her current position for a period of no less than six (6) months before any transfer /promotion is approved. 21.6 All approvals for promotion are to be approved by the City Council. 21.7 When a vacancy occurs, the Employer has the authority to hire temporary employees or temporarily transfer current employees while a search for replacement employees is being conducted. ARTICLE 22 DISCIPLINE 22.1 The Employer will discipline employees for just cause only. Discipline shall be in one of the following forms: a) oral reprimand b) written reprimand c) suspension d) demotion, or e) discharge 22.2 Suspensions, demotions and discharges will be in written form. 22.3 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 - 19 — • signature of the employee. Employees and AFSCME shall receive a copy of such reprimands and /or notices. 22.4 Employees may examine their own individual personnel files by appointment with the Clerk /Administrator in the presence of a Union Steward. 22.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have an AFSCME representative present at such meeting. 22.6 Grievances relating to this Article and involving suspension, demotion or discharge shall be initiated by AFSCME in Step 2 of the Grievance Procedure, under Article 6. ARTICLE 23 WAGES 23.1 All Employees shall be paid in accordance with Schedule "A" attached hereto and made a part of this Agreement. There shall be a 1% COLA increase to the wage schedule on January 1, 2010. There shall be a 1.5% COLA increase to the wage schedule on January 1, 2011. 23.2 Employees shall move to their next step on the wage scale on their anniversary date of employment as long as their performance evaluation indicates they are meeting or exceeding expectations. 23.3 Employer shall make deductions available under IRS Section 125. 23.4 Annual performance evaluations are to be conducted by the immediate supervisor within 30 days of the employee's anniversary date. Wage increase shall be effective on the actual anniversary date of the employee. ARTICLE 24 UNIFORMS 24.1 All Employees of the Maintenance Department shall be provided uniforms including the weekly laundry of such. Uniforms will include five shirts, five pairs of pants and one team jacket. These items shall be replaced upon approval by the supervisor. 24.2 All Employees of the Maintenance Department shall be required to wear safety shoes. Employees shall be provided an annual and safety shoes allowance of 100.00 per calendar year. Employees shall be allowed to carry forward into the next year any unused portion of the allowance. However, at no time shall an employee have an accumulation of greater than $ 200.00. The employee may use any amount of the - 20 — entire unused portion they have accumulated and each employee can purchase up to one pair annually. 24.3 All employees covered through the AFSCME Contract shall receive a clothing allowance of $ 175.00 per calendar year to purchase City of St. Joseph apparel. The apparel must be purchased through the City approved vendor. For the time period January 1, 2010 through December 31, 2011 the Maintenance/ Public Works employees shall waive this benefit; all other members shall continue to utilize this benefit. ARTICLE 25 LONGEVITY 25.1 All current Employees shall receive a longevity payment of $20.00 per full year of service. Effective May 1, 2001 all newly hire employees shall not qualify for this longevity benefit. 25.2 Employees shall be paid longevity in December of each year. ARTICLE 26 REIMBURSEMENTS 26.1 Meal Reimbursement — The City of St. Joseph shall reimburse any employee of the City of St. Joseph meal expenses incurring while conducting authorized business. Receipts must accompany all reimbursement requests. The rate for reimbursement will be equal to the total allowed under IRS guidelines. 26.2 Mileage — The City of St. Joseph shall reimburse any employee of the City of St. Joseph for mileage expenses at the current IRS rate. 26.3 Lodging — The City of St. Joseph shall provide lodging expenses provided that the meeting/conference is more than one day in duration. 26.4 Parking Fees — The City of St. Joseph shall reimburse employees for parking fees and toll fees provided that a receipt is submitted. 26.5 Commercial Transportation — The City of St. Joseph shall reimburse an Official for commercial transportation (air, taxi, rental car, etc. ) when needed to attend an authorized meeting, conference, workshop out of the area. If air transportation is required the most reasonable flight pattern will be arranged. First Class travel will not be reimbursed. - 21 — 26.6 School License Reimbursement. The City shall reimburse employees for licenses required to perform their essential job functions. License reimbursement shall be limited to the cost of the Commercial Drivers License endorsement and required State Certifications to operate the City utility systems (Water /Sewer). ARTICLE 27 RETIREMENT CONTRIBUTIONS 27.1 The Employer shall contribute to PERA for each employee as required by Statute; the Employees shall contribute as required by Statute. ARTICLE 28 PERSONNEL POLICY MANUAL 28.1 Where the Collective Bargaining Agreement conflicts with the Personnel Policy Manual, the collective Bargaining Agreement shall govern. Otherwise the Employees shall be subject to the terms and conditions of the Personnel Policy Manual. ARTICLE 29 WAIVER 29.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of the Agreement, are hereby superseded. 29.2 All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for its specified term. The Employer and the Union agree that only upon consent of both parties may this agreement be opened during its life for purposes of negotiations on terms and conditions of employment covered by this Agreement or those not specifically referred to or covered by this Agreement. ARTICLE 30 SAVINGS CLAUSE 30.1 The Agreement is subject to the laws of the United States, the State of Minnesota and the City of St. Joseph. In the event any provisions of this Agreement shall be held contrary to law by court of competent jurisdiction from whose final judgement 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 provisions may be renegotiated at the written request of either party. - 22 — ARTICLE 31 DURATION 31.1 This Agreement shall be effective as the 1st day of January, 2010 and shall remain in force and effect until the 31 day of December 2011, the anniversary date. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, by July 15t prior to the anniversary date that it desires to modify this Agreement. This agreement shall remain in full force and effect during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph. 31.2 In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less then ten (10) days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. IN WITNESS WHEREOF the parties hereto have set their hands and seals this , 2010. CITY OF ST. JOSEPH AMERICAN FEDERATION OF COUNTY STATE AND MUNICIPAL EMPLOYEES By: By: Alan Rassier, Mayor Mary Beth Munden, President By: B Judy Weyrens Administrator Mike Sworski, Union Steward By: Shannon Schroeder, AFCSME Union Rep. - 23 — MEMORANDUM OF UNDERSTANDING Between AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL UNION No. 748 and CITY OF ST. JOSEPH This Memorandum of Understanding has been executed this day of , 2010, by and between the City of St. Joseph, hereinafter referred to as the "City" and American Federation of State, County and Municipal Employees, AFLCIO hereinafter referred to as "AFSCME" or the "Union ". WHEREAS, the City and AFSCME negotiated in good faith the Labor Agreement for the period January 1, 2010 through December 31, 2011; and WHEREAS, AFSCME and the City have an agreement to compensate maintenance staff members for carrying a cell phone; and WHEREAS, AFSMCE and the City wish to continue this Agreement through the next contract period; NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED for the Labor Agreement for the period January 12010 to December 31, 2011 the following shall apply to the On -Call schedule for all Maintenance Staff: 1. The City will continue a maintenance work schedule where all maintenance staff will rotate working weekends (see attached exhibit "A "). To facilitate the work schedule the pay date will remain every other Wednesday with the pay period starting on a Saturday and ending on the Friday prior the pay day. 2. The City will compensate the on call maintenance staff member $ 15.00 per day beginning January 1, 2010 for carrying the cell phone, being on call. This amount shall increase to $20.00 per day beginning January 1, 2011. This Agreement shall remain in full force and effect until the 31 day of December 2011, and unless negotiated otherwise by the parties, shall be automatically renewed from year to year thereafter. IN WITNESS WHEREOF the parties hereto have set their hands and seals this clay of 2010. CITY OF ST. JOSEPH AMERICAN FEDERATION OF COUNTY STATE AND MUNICIPAL EMPLOYEES By: By: Alan Rassier, Mayor Mary Beth Munden, President By: By: Judy Weyrens Administrator Mike Sworski, Union Steward By: Shannon Schroeder, AFCSME Union Representative - 24 — CO u1 N 01 00 N u1 N CO ri 00 ri 0 N CO N 0 0 N 01 h CO O Tr h r I N O N r-I M N N O 00 M tD Q N N N O 0 W O Ln Ln 00 00 Ti N O W h u1 00 Tr W d US CO 0 0 0) N N N N L% N CT) u1 N 0 t% 00 O tD M y 1) ill et et et Ln u1 et e Ln eh tD M 00 01 0 et M 0 M N 00 M N M 01 h ID ri 00 h .-4 u1 M CO 0 N 01 ei Ct CO N .-1 M .-I O1 N US N .-i 01 N ri T1: O 00 N tD M .-I 01 a 01 O 01 M v N N N .- I 0. r r -I L N O. N N N .-I W N e t 00 W W V1 u1 N m O H y 1 .0 00 d' , I H u1 et V • t u1 T' d' Tr Tr -I N C N. . r .-I Tr 00 0 e I LO 01 u1 N et 0 CO 00 CO CI' 00 e-I u1 01 0. • (.0 0 01 03 0. N N N co .-1 0. 0 et m N C. N N N CO • -i W a> M O JO W W h O tD d' W V1 N u1 N CO L% L% M LO ' N 01 L% u1 a a M Ln a a M CO .- I N tD Tr N. 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N ei 1-1 ri 00 1.11 N W O tD h T-1 W Cr M M M {% u1 00 u1 m h Ct M M M . 00 00 00 ri 0 0 0 ri 0, u1 0 N tD u1 en ri ri 01 h 00 et u1 N O ri O 01 M O h h Tr N >Z 00 O O O a N e h -I -44 � -i C LA to O WI 0 h t.6 Ln W r r O O N LID W N ..-1 .-1 .-1 a+ �t h N 4. N N t0 m e4 00 N M tG tt ri 00 Tt M M M Tr M M M 5 g V = 4 0 c c ' o 0 . 0 0 Q u +' L V ++ u1 U 4, a a+ -1 Q c Q r; a- a . To 0 • W , W W C oil • W = . N o m a a = a = Q- = a 40 Z 1 W W o W oos 2 m ID Z N W 'O a L 0 ra W 0 W L 0 3 X0 W �o � 3 L 3o3� = a ° � C °C F Ln O 3 G C _ . _ W ar C 4 > 4, 0 Y J C >. = \ ++ \ W +- > 0) 0 a-1 ri N Ln [t M h Ln et M 0 h 00 et M h u1 et M O N !V Seniority Listing by Job Classification AFSCME As of January 1, 2010 Date of Hire Promotion Date Maintenance Supervisor Jim Marthaler 03/15/77 03/15/08 Utility Worker Mike Sworski 09/28/92 02/15/07 Randy Torborg 08/18/03 04/06/07 Maintenance Worker Gary Donabauer 12/24/99 Mike Johnson 12/17/03 Erik Poissant /Joe Pekarek 10/22/07 (same seniority ranking as agreed upon by the City and AFSCME) Billing /Finance Technician Mary Generous 08/15/92 Office Specialist Sarah Bialke 10/13/03 Records Specialist Mary Beth Munden 09/08/03