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HomeMy WebLinkAbout2014 - 2015 Executed Contract [AFSCME] . � labor Agreement between the City of St. Joseph and � American Federation of State, County, and Municipal Employees (AFSCME) Council 65 January 1, 2014 — December 31, 2015 . This page intentionally left blank Table of Contents Article 1 Purpose of the agreement 1 1.1 Purpose of the agreement- Interpretation 1 1.2 Purpose of the agreement-Terms and conditions 1 Article 2 Recognition 1 2.1 Union as exclusive representative 1 2.2 Employer to not enter into any agreements conflicting with agreement 1 2.3 Employer to recognize Union as the representative 1 Article 3 Definitions 1 3.1 Union 1 3.2 Employee 1 3.3 Regular employee 1 3.4 Probationary employee 1 3.5 Employer 1 3.6 Base hourly wage 1 Article 4 Employer Authority 2 4.1 Employer retains right to manage the employees 2 Article 5 Employee Security 2 5.1 Union to designate and make Employer aware of stewards/negotiators 2 5.2 Discrimination 2 5.3 Payment of union dues 2 5.4 Employer to make space available for union announcements/notices 2 5.5 Union representative to have access to Employer to conduct union business 2 5.6 Union Indemnify Employer 3 Article 6 Employer Rights and Grievance Psocedure 3-5 6.1 Definition of a grievance 3 6.2 Procedure 3-4 6.3 Arbitrator's Authority 4 6.4 Waiver 5 6.5 Expenses 5 6.6 Exc{usive Remedy 5 6.7 Choice of Remedy 5 Article 7 Hours of Work 6 7.1 Employer to determine work schedules 6 7,2 Normal workweek 6 7.3 Work Schedules to be posted 6 7.4 Breaks 6 7.5 Lunch periods 6 7.6 Luneh periods to be scheduled 6 12.2 Extended Family 12 12.3 Friends and other relatives 12 Articie 13 Bone Marrow 13 13.1 Entitlement to time off 13 Article 14 Jury Duty 13 14.1 Employee to report for jury duty 13 Article 15 Military Leave 13 15.1 Employees called to training or active duty 13 Article 16 Unpaid leaves of absence 13-14 16.1 Written request to be made 14 days prior 13 16.2 Requested leaves to be granted at discretion of the City Counc+l 13 16.3 No compensation or benefits to be earned 14 Article 17 Family Medical Leave Act 14 17.1 All parties to be bound by FMLA 14 Article 18 Health Benefits 14-15 18.1 Employer to provide health and dental insurance 14 18.2 Health insurance options 14 18.3 Dental insurance 14 18.4 Termination and COBRA 15 18.5 Retirement and continuation 15 18.6 Life insurance 15 18.7 Long term disability 15 Articte 19 Post Retirement Health Care Savings 15-16 19.1 Establishment of VEBA 15 19.2 Severance pay 15 19.3 Contribution-Unused sick teave 15 19.4 Administrative fee 16 Article 20 Probationary Periods,Seniority and Resignation 16-18 20.1 Six month probationary period for new employees 16 20.2 Completion of probationary period 16 20.3 Seniority to govern in the event of a layoff or recall 16 20.4 Intent to resign 16 20.5 Employees laid off 16-17 20.6 Employees to be recalled based on seniority 17 20.7 Employees recalled to a lower job classification 17 20.8 Employees eligible for recall 17-18 20.9 Seniority defined 18 20.10 Minimum notice of layoff 18 20.11 Seniority list to be provided to Union 18 20.12 Loss of seniority 18 Article 21 Vacancies,New Positions and Promotions 18-19 21.1 New positions and vacancies to be posted 18 21.2 Senior employee to be offered a vacant position 18-19 21.3 Qualification determination 19 21.4 Employee refusing a promotion 19 21.5 Employee requirements before any transfers/promotions 19 21.6 Approvals for promotion to be made by Employer 19 21.7 Authority to hire temporary staff in the event of vacancy 19 21.8 Reclassification of Maintenance Supervisor 19 Article 22 Discipline 19-20 22.1 Forms of discipline 19 22.2 Suspensions,demotions and discharges to be in written form 19 22.3 Employees and Union to receive copies of all written notices 19 22.4 Employees to examine their personnel files 19 22.5 Investigation of disciplinary action 20 22.6 Grievances to be initiated by Union 20 Article 23 Wages 20 23.1 Employees to be paid in accordance with Schedute"A" 20 23.2 Employees to move on wage scale at anniversary date 20 23.3 Deductions 20 23.4 Wages for employees taking a lower classification 20 Artide 24 Uniforms 20-21 24.1 Uniforms to be provided for maintenance employees 20 24.2 Safety shoes required 20-21 Article 25 Longevity 21 25.1 Employees eligible for longevity payment 21 25.2 Longevity payment to be paid 21 Article 26 Reimbursements 21 26.1 Meal reimbursement 21 26.2 Mileage 21 26.3 Lodging 21 26.4 Parking fees 21 26.5 Commercial transportation 21 26.6 School license reimbursement 21 Article 27 Retirement Contribution 21-22 27.1 Employer and Employee to contribute to PERA 21-222 Article 28 Personnel Policy Manual 22 28.1 Collective bargaining agreement shall govern over the Personnel Policy 22 Article 29 Waiver 22 29.1 All prior agreements,etc to be suspended 22 29.2 Agreement to be opened only upon consent of both the Employer and Union 22 Article 30 Savings Clause 22 30.1 Provisions to be voided if contrary to law 22 Article 31 Duration 22-23 31.1 Agreement to be automatically renewed annually unless desire to modify 22-23 31.2 Written notice required to terminate agreement 23 Appendices 25-28 Seniority Listing by Job Classification 25 Memorandum of Understanding 26-27 Schedule A 28 ARTICLE 1 PURPOSE OF THE AGREEMENT This agreement is entered into between the City of St.loseph, herein after called the "Employer",and the American Federation of State,County and Municipal Employees,AFL-CIO herein after ca(led"Union". It is the intent and purpose of this agreement to: 1.1 Establish procedures for the resolution of disputes concerning 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 Union as the exclusive representative for all employees of the Employer who are both public employees within the meaning of Minnesota Statute 179A.03,Subd.14 and work for the Employer more than 67 days in a calendar year,excluding supervisory,confidential, Police Chief,and employees employed in the City of St.Joseph Police Department who are represented by another exclusive representative. 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 Union:American Federation of State County and Municipal Employees,AFL-CIO. 3.2 Employee:An individual employed by the City of St.Joseph included in the appropriate unit represented by the Union. 3.3 Regular Employee: Employee who has completed the probationary period. 3.4 Probationary Employee: Employee who has not completed the probationary period. 3.5 Employer:City of St.Joseph 3.6 Base Hourly Wage: An employees' hourly rate of pay as specified in Schedule A. 1 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 schedufes, shifts,and hours;to contract for goods or services;to make and enforce reasonable rules and regulations;to hire, promote,assign,and transfer Employees;to lay off Emptoyees;to assign duties,tasks,jobs, hours,shifts, and overtime to Employees and to perform any inherent manageriai functions not specifically limited by this agreement. ARTICLE S EMPLOYEE SECURITY 5.1 Union may designate emp►oyees 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. 5Z 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 Union dues, certified in writing by the Union,and any other Union and employee approved deductions,and shall be remitted to the Union as directed by the Union. For those employees who do not provide written authorization,the employer shall deduct from the first paycheck of each month an amount up to 85%of the regular monthiy Union dues as a Fair Share Fee in accordance with Minn.Stat.Sec. 179A.06 Subd. 3,and shall be remitted to the Union as directed by the Union. 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. 2 5.6 The Union agrees to indemnify and hold the Employer harmless against any and all claims,suits,orders,or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of 5.3. ARTiCLE 6 EMPLOYEE R16HTS-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 this Agreement. 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 working days after such alleged violation has occurred, present such grievance in writing to their supervisor, meet and discuss it with their supervisor and attempt to resolve it with their supervisor. Maintenance and utiiity employees shall provide suth grievance to the Public Works Director,clerical employees shall provide such grievance to the Finance Director and Police Administration support staff employees 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 and the meeting and discussion. Step Two If a grievance is not resolved in Step 1 and the Union desires to appeal it to Step 2,the Union shall within seven(7)working days after the supervisor's submission of his or her final Step 1 answer place the appeal 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 present the written grievance to the City Administrator, meet with the City Administrator and attempt to resolve the grievance. The City Administrator will discuss and give an answer to such Step 2 grievance within ten (10)working days from the date of the 2nd step grievance meeting and discussion. 3 Step Three If a grievance is not resolved in Step 2 and the Union desires to appeaf it to Step 3,the Union shall within seven (7)working days after the City Administrator's submission of his or her f+nal Step 2 answer, place the grievance in writing setting forth the nature of the grievance,the facts on which it is based,the provisions of the Agreement allegedly violated, remedy requested and present the written grievance to the City Administrator. The Union shall thereafter meet with the City Council,or their representative,and attempt to resolve the grievance on a date mutually agreeable to the Union and City Council,or their representative. Within ten (10)working days of the meeting,the City Council,or their representative,shall issue a written answer to the grievance. Step Four If a grievance is not resolved in Step 3 and the Union desires to appeal it to Step 4 the Union shall submit the matter to the State of Minnesota, Bureau of Mediation Services, subject to the provisions of the Public Employment labor Relations Act, Minnesota Statutes Chapter 179A. By mutual agreement the Employer and the Union may waive Step 4 and proceed directly to Step 5,arbitration. Step Five If the grievance is not resolved in Step 4, mediation,and the Union desires to appeal it to Step 5 the Union shall,within ten (10)working days after the completion of mediation as designated by the mediator, present written notice of its intent to request for arbitration to the City Administrator. Within ten (10)working days after presenting such notice,the Union must provide a written request for a list of seven arbitrators to the Minnesota Bureau of Mediation Services with a copy to the City Administrator. The selection of an arbitrator shall be made in accordance with the rules established by the Minnesota Bureau of Mediation Services. 6.3 ARBITRA?OR'S AUTHORITY 6.3.1 The arbitrator shall have no authority to amend,modify, nullify, ignore,add to, or subtract from the provisions of the Agreemenfi. 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. The arbitrator shall be without power to 4 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 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. 6.3.2 The arbitrator's decision shall be submitted in writing within 30 calendar days fo!lowing the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.4 WAIVER-If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the ne�ct 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. 6.5 EXPENSES-Any costs or expenses incurred in conjunction with mediation or arbitration procedures shalt 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. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 EXCLUSIVE REMEDY-This procedure shall be the sole and exclusive means of processing a grievance. 6.7 CHOICE OF REMEMDY- If the event giving rise to a grievance is appealed to any procedure other than the grievance procedure in this article,at any time,the grievance is not subject to this grievance procedure nor arbitration under such procedure. An employee pursuing a remedy pursuant to a statute under the jurisdiction of the United States Equal Opportunity Commission is not precluded from pursuing an appeal under the grievance procedure of this Agreement. If a court of competent jurisdiction rules contrary to the ruling in EEOC v. Board of Governors of State Colleges and Universities,957 F.2d 424(7`h Cir.),cert.denied,506 U.S. 906, 113 S.Ct.299(1992),or 5 if Board of Governors is judicially or legislatively overruled this paragraph of Section 6.7 shall be immediateiy nu�l and void and shall be deleted from this Agreement. 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 hea(th and safety issues. 7.4 An employee working eight(8)hours or more in a workday shall be granted two(2), fifteen (15)minute rest breaks each day. Employees working a minimum of four(4) hours in a workday shall receive one fifteen(15) minute rest break 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 langer 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 any one year. 8.2 If a "non-exempt"employee performs overtime work,they will be paid one and one- half 1%Z)times their regular hourly wage for anytime over eight(8) hours per day or 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 camputing eligibility fpr overtime pay. 6 8.3 If an employee is requested to return to work after they have concluded work for that day the employee will be paid at a minimum rate of two hours,calculated at one and one-half(1%)times the employee's base hourty 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 as of the final day of the final full pay period of the calendar year will be paid out on the payday for that 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. 8.5 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(1%) 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 Year's Day lanuary 15Y Martin Luther King Day 3�d Monday in January Presidents Day 3`d Monday in February Good Friday %day plus�day floating Memorial Day Last Monday in May lndependence Day July 4tn Labor Day 15`Monday in September Veterans Day November 11tn Thanksgiving Day 4t�'Thursday in November Day after Thanksgiving 4`h Friday in November Christmas Eve December 24`n Christmas Day December 25`n 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: 7 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 base hourly wage 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-haif(1'!:)and will be paid a minimum of two hours. !n 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 tMey will be forfeited. 9.6 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. 9.7 Each regular empioyee shail receive a Personal Holiday to be used at the discretion of the ernployee 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. The Persanal Holiday cannot be used if the employee has unused, banked holiday hours provided under 9.5 and 9.7. 9.8 Part time empioyees 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 Qay the day before or the day after a holiday shall not be entitled to the holiday pay. ARTICLE 10 VACATIONS 10.1 Full time employees are eligible for paid vacation. An employee is not eligible to use paid vacation during their probationary period. Vacation accrues from the first day of employment. 1Q.2 Regular fult time emptoyees shall earn vacation benefits annually as follows: a) One year of service—4Q hours 8 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. 10.3 Vacation hours will be credited each pay period, prorated on the schedule in section 10.1. 10.4 Vacation hours may be taken in increments of not less than one half hour. 10.5 Employees eligible for 120 hours or more of vacation shall be required to take at least one block of five consecutive vacation days. 10.6 If an employee is on an approved unpaid leave of absence for less than a thirty(30j day time period,their vacation accrual will not be affected. If the unpaid leave is over a thirty(30)day time period,vacation time will not continue to accrue. 10.7 If a City paid holiday falls during a scheduled vacation period,an employee will not be charged a vacatian day for that holiday. 10.8 Empioyees leaving employment in good standing after giving proper notice of termination shall be compensated for vacation leave earned and unused to the date of separation by lump sum payment or may request to use vacation accrued as time off. An employee leaving employment prior to the completion of their probationary period shall not receive compensation for any accrued vacation. 10.9 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 for an employee as of the last pay date of the calendar year shall be forfeited. 10.10 Vacation preferences shall be designated by March 30 of each calendar year, and seniority shall govern in the case of conflict. Vacation requests made after March 30 are subject to approval by the Employer. 10.11 An employee deprived of a vacation scheduled or any part thereof due to working on their scheduled vacation day at the request of the Employer,shall be compensated in pay for the vacation time lost,or be allowed the vacation time taken at a later date on approvai of the Employer,at the Employer's discretion. If the vacation time deprived occurs after December 15 and the employee cannot reschedule the time before the 9 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 used no later than February 15 of the following calendar year. 10.12 Reguiar part time(not temporary or seasonal)empioyees shall earn vacation benefits on a pro rata basis(must work a minimum of 30 hours per week). ARTICLE 11 SICK LEAVE 11.1 FuN time employees are eligible to earn sick leave. An employee is not eligible to use sick leave during their probationary period. Sick leave accrues from the first day of employment. 11.2 Sick leave with pay shall be earned by each regular employee on the basis of eight(8) hours for each month of service. 11.3 Sick Leave may be accumulated up to a maximum of nine hundred and sixty hours (960). When an employee hired prior to May 1,2001 has reached the maximum accumulation of sick days,s/he will be paid for eighfi 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. 11.4 Employees may use their sick leave in increments of not less than one hour at any one time. 11.5 Sick leave may be granted for the purposes of doctor,dentist,or other care provider appointments in their offices,or a personal illness or injury either of which necessitate an absence from work. Sick leave may also be used due to the illness or injury of an employee's reiatives for reasonable periods of time as the employee's attendance may be necessary. For purposes of this section, relatives include spouse,child,adult child, parent,sibling,grandparent,or step-parent. 11.6 If an employee is on an approved unpaid leave of absence for less than thirty(30) days,an employee's sick leave accrual will not be affected. Should the leave extend beyond thirty(30)days;sick leave time will not continue to accrue. 10 11.7 Upon separation from employment due to retirement or termination in good standing employees shall be compensated for unused sick leave based on the foNowing table: Years of Service Compensation 00—03 Years Employee shal(not receive compensation for unused accumulated sick ieave. 04—D9 Years Employee shall receive 50%of their unused accumulated sick leave. 10—19 Years Employee shal! receive 1009�0 of their unused accumulated sick leave up to 720 hours. 20—24 Years Employee shall receive 100%of their unused accumulated sick leave up to 840 hours. 25+Years Employee shall receive 100%of their unused accumulated sick leave up to 960 hours. The foregoing compensation will be paid as provided in Article 19 of this Agreement. 11.8 Sick leave may be granted for absence from duty due to death in the employee's immediate family. "Immediate family"shal! be a spouse, child,parent or sibling living in their home. 11.9 If sick leave is used for more than three(3)days in duration,a medical certificate may be required. 11.10 (n order for an eligible Emplayee 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 sufficient multi-day justification for use of sick leave from the doctor submitted prior to the leave. 11.11 An employee using sick leave for reasons not specified in 11.5,except as otherwise 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 with sick leave 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 Employer will be obligated to report those check amounts to the Employer. 11 11.13 Sick Leave Donation—The Employer supports its emptoyees'desire to assist each other in times of need. As a result,employees will be allowed to donate sick leave to ' other employees in need under the following guidelines: a) Emptoyees will be atlowed to donate a maximum of five(S)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 not be used during the time period for which an employee is receiving long term disability benefits from the Employer's group long term disability plan. d) Employees will only be allowed to use donated leave time once fihey 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. h) Donation and acceptance of donated leave must be approved by the City Administrator. ARTICLE 12 FUNERAL LEAVE 12.1 An Employee shal!be granted a maximum of three(3)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(1)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 funera! leave twice in one calendar year for this purpose. 12 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 veri�cation by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. Employees shall be entitfed to bone marrow donation leave in accordance with the law. This article is not subject to Article 6. ARTICLE 14 1URY DUTY 24.1 It is an employee's civic duty as a cit+zen 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 Employer 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 Employees shall be entitled to military leaves of absence and reinstatement in accordance with the iaw. This section is included simpty to make city employees and employers aware of the fact that the State Law applies. This article is not subject to Article 6. ARTlCLE 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. 16Z Requested leaves of absence will be granted on�y 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. 13 16.3 During an unpaid leave of absence employees will earn no compensation or benefits except as expressly provided in this Agreement. 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 offer group 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: For employees enrolled in the Employer's group health insurance: The maximum Employer contribution to premiums and Health Savings Account(H.S.A) are as follows: Family Coverage Year Premium H.S.A. 2014 $977.57/mo $3,000.00/year 2015 $997.12/mo $ 2,000.00/year Single Coverage Year Premium H.S.A. 201�F $300.29/mo $ 1,500.00/year 2015 $306.29/mo $ 1,000.00/year In conjunction with the first pay period of the calendar year,the Employer 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 and after July 1. 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�0. 14 18.4 In the event of termination of employment with the Employer 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 under law, with the employee paying the associated costs at their own expense. 18.5 Upon retirement,employees may continue coverage under the Employer group health insurance program at their own expense. 18.6 Life Insurance: The Empioyer shatl provide aN eligible regular full time employees group life insurance with accidental death and dismemberment. a. The amount of life insurance provided shall be at least$25,000. b. The Employer will pay 100%of the premium. Spousal and dependent coverage shall be provided if the coverage is part of the policy covering the employee. 18.7 Lon�Term bisabilitv: The employer shal� provide all eligible full time regular employees long-term disability insurance. The Employer 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 tnsurance shall become effective 60 days after the date of hire. 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 Pav. Upon separation of employment in good standing,the employee shall be entitled to his or her severance provided in 11.7 of this Agreement. Payment shall be determined on the basis of the employee's rate of pay in the pay period in which the employee separated frorn employment. 19.3 Contribution—Unused Sick Leave.Within sixty(60)days of the effective date of separation of employment,the Employer shall deposit into the individual HCSP account 1009�0 of the severance payment provided in 11.7 of this Agreement. Employees will not be entitled to receive this amount in the form of taxable cash compensation. 15 19.4 Administrative Fee.Annua� investment fee charges and administrative fees to administer the Plan are deducted from the employee HCSP Account. ARTICLE 20 PROBATIONARY PERIODS,SENIOR�TY, and RESIGNATION 20.1 Atl newly hired reguiar empioyees shall serve a six(6)month probat+onary 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 Union 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 Emptoyees 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. If an employee in a classification has their classification position eliminated,that employee may bump the employee in another classification with the least Department seniority in that classification provided they have the minimum requirements for the position they are bumping into and have greater overall Department seniority than the employee they desire to bump. The bumping process may occur again until the Department employee with the least Department seniority is laid off or the employee laid off does not have the minimum qualifications to bump into another position. Employees may only bump to a lower classification and they may not bump an employee from a higher classification. 20.4 The employee shall provide at teast 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 16 langer than two years. Empioyees who are laid off shaH 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 employees in the order of seniority. Employees who refuse a recall from layoff to the position he/she held at the time of layoff wili 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 within eighteen (18) months of the date on which the employee was laid off. If an employee is recalled to a lower rated job classification or to a part-time position which is less that 75�o full time,the ernployee 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. 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 emptoyee 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 17 address provided by the employee. it is the obligation and responsibility of the employee to provide the employer with his/her latest mailing address. If the employee fails to comply with the conditions herein, he or she shall be removed from the recall list. 20.9 Seniority for full time employees shall be defined as an employee's length of continuous service within the bargaining unit since his or her most recent date of hire. Part time employees'seniority shall be determined by continuous hours worked within the bargaining unit based on his or her most recent date of hire. 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 effective date of this Agreement,shall show the names of all employees of each department(City Office, Police Department,and Public Works) entitled to seniarity. The empioyer 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 shalt 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 tayoff as set forth in the recall procedure. ART�CLE 21 VACANCIES, NEW POSiTfONS,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. 18 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 determinations 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 unti!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 temporarify transfer current employees while a search for replacement employees is being conducted. ARTICLE 22 DISCIPLINE 22.1 7he Employer will discipline employees for just cause only. Oiscipline shatl 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. 223 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 signature of the employee. Employees and the Union 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. 19 22.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such meeting. 22.6 Grievanees relating to this Article and involving suspension,demotion or discharge shall be initiated by the Union 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 2.5%general increase to the wage schedule on January 1,2014. There shall be a 2.75%general increase to the wage schedule on January 1,2015. 23.2 Employees shall move to their next step on the wage schedule on their anniversary date of employment as long as their performance evaluation indicates they are meeting or exceeding expectations. Annual performance evaluations are to be conducted by the immediate supervisor within thirty(30j days of the employee's anniversary date. Increases will be effective on the actual anniversary date of the employee. 23.3 Employer shall make deductions available under I.R.C.Section 125. 23.4 If an employee takes a position in a lower classification,through the process identified in section 20.3 of this agreement,the emptoyee shall be placed on the step closest to their current rate of pay,without a reduction. In no case shall the rate of pay exceed the top rate of pay for the new classification. ARTICLE 24 UNIFORMS 24.1 All Employees of the Maintenance Department shall be provided uniforms. Any necessary uniform items will be discussed with the Employer's safety committee or similar group. 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. 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 hired 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 Employer shall reimburse any emp(oyee of the Employer 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 Employer shall reimburse any employee of the Employer for mileage expenses at the current IRS rate. 26.3 Lodging—The Employer shall provide IQdging expenses provided that the meeting/conference is more than one day in duration as approved by the Employer. 26.4 Parking Fees—The Employer shall reimburse employees for parking fees and toll fees provided that a receipt is submitted as approved by the Employer. 26.5 Commercial Transportation—The Employer 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 as approved by the Employer. If air transportation is required the most reasonable flight pattern will be arranged. First Class travel will not be reimbursed. 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 21 Employees shall contribute as required by Statute. The Article is nat subject to Article 6. ARTICLE 28 PERSONNEL POLICY MANUAL 28.1 Where this Agreement conflicts with the Personnel Policy Manual,this Agreement shall govern. Otherwise the Employees shall be subject to the terms and conditions of the Personnel Policy Manual. ARTICLE 29 WAtVER 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. AR7ICLE 30 SAVINGS CLAUSE 30.1 The Agreement is subject to the laws of the United States,the State of Minnesota and the Employer. In the event any provisions of this Agreement shatl be held contrary to law by court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided,such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. ARTICLE 31 DURATION 31.1 This Agreement shall be effective as the 15t day of lanuary, 2014 and shall remain in force and effect until the 315`day of December 2015,the anniversary date. It shall be automatically renewed from year to year thereafter unless either party shall notify the other,in writing, by September 15t prior to the anniversary date that it desires to modify this Agreement. This agreement shall remain in fufl force and effect dur+ng the 22 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 than ten (10)days prior to the desired termination date which shall not be before the expiration date set forth in the preceding paragraph. 23 i� IN WITNESS WHEREOF the parties hereto have set their hands and seals this t �� 2014. CITY OF ST.JOSEPH AMERICAN FEDERATION OF COUNTY STATE AN UNICIPA EMPLOYEES B """ � B . Y� Y' Its Mayor Its Preside By: By: Ci dmini rator Its on teward By: J��, Its AFCSME Labor Representative 24 Seniority Listing by Job Classification AFSCME As of January 1, 2014 Date of Hire Promotion Date lead Worker Jim Marthaler 03/15/77 01/01/12 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 MikeJohnson 12/17/03 Erik Poissant/Joe Pekarek 10/22/07(same seniority ranking as agreed upon by the City and AFSCMEa Billing/Finance Technician Mary Generous 08/15/92 Records Specialist Mary Beth Munden 09/08/03 Office Specialist Kayla Klein 09/23/2013 25 MEMORANDUM OF UNDERSTAND(NG Between AMERlCAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES COUNCIL 65 and CITY OF ST. JOSEPH This Memorandum of Understanding, hereinafter"MOU" made and entered into by and between the City of St.loseph, hereinafter referred to as the"Employer"and American Federation of State,County and Municipal Employees, Council 65,hereinafter referred to as"Union". WHEREAS, the Employer and the Union are parties to a Labor Agreement for the period January 1,2014 through December 31,2015;and WHEREAS, the parties desire to clarify certain components of being on tall for bargaining unit employees; NOW THEREFORE, in consideration of the mutual covenants and agreements to be performed,as hereinafter set forth,the parties agree as follows: 1. The Employer will schedule employees in the Lead Worker, Maintenance Worker,and Utility Worker job classifications to be"on call"on a rotating basis weekly,Wednesday through Tuesday, by seniority,except when a switch may occur as discussed in#4 below. 2. If an employee is"on call"on an actual holiday,that day will be the employee's observed holiday regardless of any Labor Agreement provision. 3. If an employee works a weekly"on call"schedule,the employee will receive the Thursday and Friday immediatety foliowing the schedule as days off. 4. Employees may switch the weeks they are"on call"with each other so long as the affected employees notify the supervisor of the switch at least seven calendar days in advance ot the first affected week and the supervisor approves the switch. 5. To facilitate the work schedule,the pay date will remain every other Wednesday with the pay period starting on Saturday and ending on the Friday prior to the pay day. 6. The Employer will pay the employee"on call" $20.00 for each day on call. 7.The terms of this MOU and any related communications or negotiations among the parties are not nor can they be construed as an acknowledgment that the Employer was required to meet and negotiate with or get agreement from the Union on all of the matters addressed in this MOU or that the Employer waived or relinquished its right to take any action it could take without meeting, ne�otiating or getting agreement from the Union except for anything it was required by law or contract to meet,negotiate and get agreement from the Union. The City does not waive or relinquish and expressly reserves its right to take any related actions it can take without meeting and negotiating with or getting agreement from the Union except as otherwise expressly waived or relinquished by law or contract. 8. This MOU is not executed until and is effective the latest date affixed to the signatures in this MOU. 26 9. This MOU and related components of it shail expire and no longer be in force or effect,effective on the date the CBA in effect on the date this MOU executed is no longer in force or effect. 1� (N WiTNESS WHEREOF the parties hereto have set their hands and seais this day of�` , 2014. CITY OF ST.JOSEPH AMERICAN FEDERATlON OF COUNTY STATE AN NICIPAL PLOYEES . � '� BY: l.�J, BY: , fts IVlayor Its President By: By: ( Cit Ad ' ist tor i n' n te ard By: / �_,_...-.- Its Labor Representative 27 SCHEDULE A AFSCME Wage Scale 2014-2015 2014 Wage Scale Summary 2.504o General Increase Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 7 Malntenance Supervisar 46,872.72 48,982.42 51,186.41 53,489.55 55,896,66 58,412.58 61,040.93 63,787.76 6 Lead Worker 43,400.49 45,353.01 47,393.80 49,526.47 51,754.64 54,083.17 56,516.87 59,060.59 5 UtNityOperator 40,185.76 41,994.42 43,884.08 45,858.38 47,922.13 50,078.98 52,332.55 54,687.67 4 MaintWorker/BiIlingjAcwunt 37,209.23 38,883.68 40,633.10 42,461.10 44,371.31 46,368.57 48,455.58 50,636,32 3 OfficejRecards Specialist 34,452.72 36,002.66 37,622.70 39,315.30 41,OB4.05 42,932.61 44,86d.58 46,883.60 Step l Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step S 7 Malntenance Supervisar 22.53 23.55 24.61 25.]2 26.87 28,08 2935 30.67 6 Lead Worke► 20.87 21.80 22.79 23.81 24.88 26.00 27.17 28.39 5 UtllityOperetar 19.32 20.19 21.10 22.05 23.04 24.08 25.16 26.29 • 4 Malnt Worker/Bili(ng/Acwurrt 17.89 18.69 19.54 20.41 2133 22.29 23.30 24.34 3 Offlce/Recards Specialis[ 16.56 17.31 18.09 18.40 19.75 20.64 21.57 22.54 2d15 Wage Scale 5ummary 2.75%Generel Increase Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 7 Maintenance Supervisor 48,161.72 50,329.44 52,594.04 54,960.52 57,433.81 60,018.92 62,719.55 65,541.92 6 Lead Worker 44,594.00 46,600.22 48,697.13 50,888.45 53,177.89 55,570.45 SS,071.09 60,684.76 5 UUlityOperator 41,290.87 43,149.27 45,090.&9 A7,119.49 49,239.99 51,456.15 53,771.69 56,191.58 4 Maint Worker/Biliing/Actaunt 3$,232.48 39,952.98 41,750.51 43,6Z8.78 45,591.52 47,b43.70 49,788.11 52,028.$2 3(}fficeJRecads Specialist 35,400.17 36,992.73 38,657.33 40,396.47 42,213.86 44,113.25 46,098.36 48,172.90 Step 1 St 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step S 7 Malntenartce Supervlsor 23.15 24.20 25.29 26.42 27.61 28.86 30.15 31.51 6 Lead Work� 21.44 22.40 23.41 24.47 25.57 26.72 27.92 29.18 5 UtllityOperator 19.85 24.74 21.68 22.65 23.67 24.74 25.85 27.02 4 RAaint WorkerJBillingfAccaurt 18.38 19.21 20.07 20.98 21.92 22.91 23.94 25.01 3 Offlce/Records Specl�lst 17.02 17.78 18.59 19.42 20.30 21.21 22.16 23.15