IV.4. Approval of 2024-2026 Contract with Local 49; Lenz
CITY OF HOPKINS
City Council Report 2023-125
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Ari Lenz, Assistant City Manager
Date: November 21, 2023
Subject: Approval of 2024-2026 Contract with Local 49
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Approve 2024-2026 Union Contract with Local 49
This will ratify a three year contract with Local 49 Employees (Public Works).
OVERVIEW
The contract calls for a 3.0% wage increase effective January 1, 2024, 2025 and 2026.
The wages are within budget for 2024 and the insurance contributions are consistent
with past practice and other union agreements.
Primary issues to consider:
• What other economic issues are included in the new contract?
• Will the agreement keep the City Market competitive?
• How does the agreement fit into the 2024 proposed budget.
Analysis of Issues
What other economic issues are included in the new contract?
The agreement gives the local 49’s an increase in seasonal disruption pay from $2.25
per hour to $2.50 per hour. This increases to $2.75 on January 1, 2025. This pay is
used when the schedules are modified due to snow clearing duties.
The agreement changes the compensation for standby pay to give an additional hour on
weekends employees are required to be on standby.
Will the agreement keep the City market competitive?
The compensation in this agreement is consistent with the Citywide market study results
and we believe will put the City of Hopkins at the appropriate spot in the labor market.
How does the agreement fit into the 2024 proposed budget.
Administration
The agreement is within the budgeted amounts in the proposed budget. Estimated
budget impact in 2024 is $108,951.
SUPPORTING INFORMATION
• 2024-26 Union Agreement
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LABOR AGREEMENT
BETWEEN THE
CITY OF HOPKINS
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL No. 49
AFL-CIO
January 1, 2024 through December 31, 2026
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Table of Contents
ARTICLE 1 PURPOSE OF AGREEMENT 4
ARTICLE 2 RECOGNITION 4
ARTICLE 3 UNION SECURITY 4
ARTICLE 4 EMPLOYER SECURITY 5
ARTICLE 5 EMPLOYER AUTHORITY 5
ARTICLE 6 EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE 5
ARTICLE 7 DEFINITIONS 8
ARTICLE 8 SAVINGS CLAUSE 9
ARTICLE 9 WORK SCHEDULES 9
ARTICLE 10 OVERTIME PAY 10
ARTICLE 11 COMP TIME 10
ARTICLE 12 CALL BACK 10
ARTICLE 13 LEGAL DEFENSE 11
ARTICLE 14 RIGHT OF SUBCONTRACT 11
ARTICLE 15 DISCIPLINE 11
ARTICLE 16 SENIORITY 11
ARTICLE 17 PROBATIONARY PERIODS 12
ARTICLE 18 SAFETY 12
ARTICLE 19 JOB POSTING 12
ARTICLE 20 INSURANCE 13
ARTICLE 21 WAGES 14
ARTICLE 22 HOLIDAYS 15
ARTICLE 23 SICK LEAVE 16
ARTICLE 24 FLEX LEAVE 17
ARTICLE 25 VACATIONS 17
ARTICLE 26 STANDBY PAY 18
ARTICLE 27 TUITION REFUND 18
ARTICLE 28 SEVERANCE PAY 18
ARTICLE 29 SEASONAL DISTRUPTION PAY 19
ARTICLE 30 COMMERCIAL DRIVERS LICENSE 19
ARTICLE 31 LIFE INSURANCE 19
ARTICLE 32 UNIFORMS 19
ARTICLE 33 EYEGLASS REPLACEMENT 19
ARTICLE 34 WAIVER 20
ARTICLE 35 ADVANCE RESIGNATION NOTICE PROGRAM 20
ARTICLE 36 POST EMPLOYMENT HEALTH PLAN 20
ARTICLE 37 PARENTING LEAVE 20
ARTICLE 38 DURATION 20
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APPENDIX A 22
1: WAGES 22
2: LICENSES, PREMIUMS & INCENTIVES 22
APPENDIX B 23
1: MOU COMMERCIAL DRIVER’S LICENSE 23
2: MOU CENTRAL PENSION FUND 23
3: MOU SUMMER HOURS 23
4: MOU TRAINEE PROGRAM 23
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ARTICLE 1 PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Hopkins hereinafter called the
EMPLOYER, and Local No. 49, International Union of Operating Engineers, hereinafter
called the UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain hours, wages, and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT’S interpretation and/or application.
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties’ agreement upon terms and conditions of
employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication
to the highest quality of public service. Both parties recognize this AGREEMENT as a
pledge of this dedication.
ARTICLE 2 RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative for all
employees in the job classifications listed below who are public employees within the
meaning of Minn. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and
all other employees:
Maintenance Worker
Maintenance Lead Worker
Equipment Maintenance Specialist
Utilities Assistant
Utilities Worker
Utilities Lead Worker
ARTICLE 3 UNION SECURITY
3.1 The UNION will obtain written authorization from the e mployee for the deduction
from wages of union dues established by the union.
3.2 The EMPLOYER shall remit such deduction to the appropriate designated officer
of the UNION.
3.3 The UNION may designate certain employees from the bargaining unit to act as
Stewards and shall inform the EMPLOYER in writing of such cho ice.
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3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless again st any
and all claims, suits, orders, or judgments brought or issued against t he City as a
result of any action taken or not taken by the City under the provisions of this
Article.
ARTICLE 4 EMPLOYER SECURITY
4.1 The UNION agrees that during the life of this AGREEMENT it will not cause,
encourage, participate in or support any strike, slow down, other interruption of or
interference with the normal functions of the EMPLOYER.
ARTICLE 5 EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right t o operate and manage all
personnel, 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
function not specifically limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically established or modified by
this AGREEMENT shall remain solely within the discretion of the EMPLOYER to
modify, establish, or eliminate.
ARTICLE 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 this AGREEMENT.
6.2 UNION REPRESENTATIVE
The EMPLOYER will recognize representatives designated by the UNION as the
grievance representatives of the bargaining unit having the duties and
responsibilities established by this Article. The UNION shall notify the
EMPLOYER in writing of the names of su ch UNION representatives and of their
successors when so designated.
6.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that the
processing of grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
normal working hours only when consistent with such employee duties and
responsibilities. The aggrieved employee and the UNION representative shall be
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allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the EMPLOYER during normal working hours
provided the employee and the UNION representative have notified and received
the approval of the designated supervisor who has determined that such
absence is reasonable and would not be detrimental to the work programs of the
EMPLOYER.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conform ance with the
following procedure:
Step 1. An employee claiming a violation concerning the interpretation or
application of this AGREEMENT shall, within twenty-one (21) calendar days after
such alleged violation has occurred, present such grievance to the employee’s
supervisor as designated by the EMPLOYER. The EMPLOYER-designated
representative will discuss and give an answer to such Step 1 grievance within
ten (10) calendar days after receipt. A grievance not resolved in Step 1 and
appealed to Step 2 shall be placed in writing setting forth the nature of the
grievance, the facts on which it is based, the provision or provisions of the
AGREEMENT allegedly violated, and the remedy requested and shall be
appealed to Step 2 within ten (10) calendar days after the EMPLOYER -
designated representative’s final answer in Step 1. Any grievance not appealed
in writing to Step 2 by the UNION within ten (10) calendar days shall be
considered waived.
Step 2. If appealed, the written grievance shall be presented by the UNION and
discussed with the EMPLOYER-designated Step 2 representative. The
EMPLOYER-designated representative shall give the UNION the EMPLOYER’S
Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2
grievance. A grievance not resolved in Step 2 m ay be appealed to Step 3 within
ten (10) calendar days following the EMPLOYER-designated representative’s
final Step 2 answer. Any grievance not appealed in writing to Step 3 by the
UNION within ten (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and
discussed with the EMPLOYER-designated Step 3 representative. The
EMPLOYER-designated representative shall give the UNION the EMPLOYER’S
answer in writing within ten (10) calendar days after receip t of such Step 3
grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within
ten (10) calendar days following the EMPLOYER-designated representative’s
final answer in Step 3. Any grievance not appealed in writing to Step 4 by the
UNION within ten (10) calendar days shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be
submitted to the Minnesota Bureau of Mediatio n Services. A grievance not
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resolved in Step 4 may be appealed to Step 5 with in ten (10) calendar days
following the EMPLOYER’S final answer in Step 4. Any grievance not appealed
in writing to Step 5 by the UNION with in ten (10) calendar days shall be
considered waived.
Step 5. A grievance unresolved in Step 4 and appealed to Step 5 by the UNION
shall be submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971, as amended. The EMPLOYER and
the UNION representative shall endeavor to select a mutually acceptable
arbitrator to hear and decide the grievance. If the EMPLOYER and the UNION
representative are unable to agree on an arbitrator, they may request from the
Director of the Bureau of Mediation Services, State of Minnesota , a list of five (5)
names. The list maintained by the Director of the Bureau of Mediation Ser vices
shall be made up of qualified arbitrators who have submitted an application to the
Bureau. The parties shall alternately strike names from the list of five (5)
arbitrators until only one (1) name remains. The remaining arbitrator shall hear
and decide the grievance. If the parties are unable to agree on who shall strike
the first name, the question shall be decided by a flip of a coin.
6.5 ARBITRATOR’S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to,
or subtract from the terms and conditions of this AGREEMENT. The
arbitrator shall consider and decide only the specific issue(s) submitted in
writing by the EMPLOYER and the UNION, and shall have no authority to
make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of
laws, rules, or regulations having the force and effect of law. The
arbitrator’s decision shall be submitted in writing within thirty (30) days
following the close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension. The
decision shall be binding on both the EMPLOYER and the UNION and
shall be based solely on the arbitrator’s interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance
presented.
C. The fees and expenses for the arbitrator’s services and proceedings shall
be borne equally by the EMPLOYER and the UNION provided that each
party shall be responsible for compensating its own representatives and
witnesses. If either party desires a verbatim record of the proceedings, it
may cause such a record to be made, providing it pays for the record. If
both parties desire a verbatim record of the proceedings the cost shall be
shared equally.
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6.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be
considered “waived”. If a grievance is not appealed to the next step within the
specified time limit or any agreed extensio n thereof, it shall be considered settled
on the basis of the EMPLOYER’S last answer. If the EMPLOYER does not
answer a grievance or an appeal thereof within the specified time limits, the
UNION may elect to treat the grievance as denied at that step and immediately
appeal the grievance to the next step. The time limit in each step may be
extended by mutual agreement of the EMPLOYER and the UNION.
6.7 CHOICE OF REMEDY
If, as a result of the EMPLOYER response in Step 4, the grievance remains
unresolved, and if the grievance involves the suspension, demotion, or discharge
of an employee who has completed the required probationary period, the
grievance may be appealed either to Step 5 of ARTICLE 6 or a procedure such
as: Civil Service, Veteran’s Preference, or Fair Employment. If appealed to any
procedure other than Step 5 of ARTICLE 6 the grievance is not subject to the
arbitration procedure as provided in Step 5 of ARTICLE 6. The aggrieved
employee shall indicate in writing which procedure is to be utilized – Step 5 of
ARTICLE 6 or another appeal procedure – and shall sign a statement to the
effect that the choice of any other hearing precludes the aggrieved employee
from making a subsequent appeal through Step 5 of ARTICLE 6.
ARTICLE 7 DEFINITIONS
7.1 Union: The International Union of Operating Engineers, Local No. 49.
7.2 Employer: The City of Hopkins.
7.3 Union Member: A member of the International Union of Operating Engineers,
Local No. 49
7.4 Department: Public Works Department
7.5 Division: Divisions of Public Works Department i.e. Parks, Forestry, Streets,
Utilities
7.6 Employee: A member of the exclusively recognized bargaining unit.
7.7 Base Pay Rate: The employee’s hourly pay rate exclusive of longevity or any
other special allowance.
7.8 Seniority: Length of continuous service in any of the job classifications covered
by ARTICLE 2 – RECOGNITION. Employees who are promoted from a job
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classification covered by this AGREEMENT and return to a job classification
covered by this AGREEMENT shall have their seniority calculated on their length
of service under this AGREEMENT for purposes of promotion, transfer, and lay
off and total length of service with the EMPLOYER for other benefits under this
AGREEMENT.
7.9 Severance Pay: Payment made to an employee upon honorable termination of
employment.
7.10 Overtime: Work performed at the express authorization of the EMPLOYER in
excess of either eight (8) hours within a twenty-four (24) hour period (except for
shift changes) or more than forty (40) hours within a seven (7) day period.
7.11 Call Back: Return of an employee to a specified work site to perform assigned
duties at the express authorization of the EMPLOYER at a time other than an
assigned shift. An extension of or early report to an assigned shift is not a call
back. An extension of call back in order to perform an additional task does not
qualify for a separate call back compensation unless the employee has already
departed from the original call back.
ARTICLE 8 SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota,
and the City of Hopkins. In the event any provision of this AGREEMENT shall be held to
be contrary to law by a court of competent jurisdiction from whose final judgment or
decree no appeal has been taken within the time provided, such provision shall be
voided. All other provisions of this AGREEMENT shall continue in full force and effect.
The voided provision may be renegotiated at the request of either party.
ARTICLE 9 WORK SCHEDULES
9.1 The sole authority in work schedules is the EMPLOYER. The normal work day
for an employee shall be eight (8) hours. The normal work week shall be forty
(40) hours Monday through Friday.
9.2 Service to the public may require the establishment of regular shifts for some
employees on a daily, weekly, seasonal, or annual basis other th an the normal
7:00 am– 3:00 pm day. The EMPLOYER will give seven (7) days advance notice
to the employees affected by the establishment of work day’s difference from the
employee’s normal eight (8) hour work day.
9.3 For Park’s Division employees who are required to flood ice rinks, a three (3) day
notice is required.
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9.4 In the event that work is required because of unusual circumstances such as (but
not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or
facilities, no advance notice need be given. It is not required that an employee
working other than the normal work day be scheduled to work more than eight (8)
hours, however, each employee has an obligation to work overtime or call back if
requested unless unusual circumstances prevent the employee from so working.
9.5 Service to the public may require the establishment of regular work weeks that
schedule work on Saturdays and/or Sundays.
ARTICLE 10 OVERTIME PAY
10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period
(except for shift changes) or more than forty (40) hours within a seven (7) day
period will be compensated for at one and one-half (1½) times the employee’s
regular base pay rate.
10.2 Overtime will be distributed according to Division with the senior qualified
employee having first choice. If additional workers are needed, the senior
qualified employee outside of the Division would have first choice. The
EMPLOYER will determine what overtime shall be assigned to which Department
or Division. The EMPLOYER will also determine what constitutes a “qualified
employee”.
10.3 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded, or paid twice for the same hours worked.
ARTICLE 11 COMP TIME
11.1 Comp Time may be given instead of overtime pay. The Comp Time must be
given at a rate of one and one-half (1½) hours per overtime hour worked.
11.2 Comp Time shall be limited to a maximum accrual of forty (40) hours. The use of
Comp Time is similar to the use of Vacation and Flex Leave. Employees must
request the use of Comp Time from their supervisors.
11.3 At the employee’s request, Comp Time may be cashed out annually the first full
payroll in December.
ARTICLE 12 CALL BACK
An employee called in for work at a time other than the employee’s regularly scheduled
shift will be compensated for a minimum of three (3) hour’s pay at one and one-half
(1½) times the employee’s base pay rate.
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ARTICLE 13 LEGAL DEFENSE
13.1 Employees involved in litigation because of negligence, ignorance of laws, non-
observance of laws, or as a result of employee judgmental decision may not
receive legal defense by the City.
13.2 Any employee who is charged with a traffic violation, ordinance violation or
criminal offense arising from acts performed within the scope of the employee’s
employment, when such act is performed in good faith and under d irect order of
the employee’s supervisor, shall be reimbursed for reasonable attorney’s fees
and court costs actually incurred by such emplo yee in defending against such
charge.
13.3 Mechanic’s Liability: Any decision that is made in good faith by any employee
would be supported by the City. Police Officers, for example, are sued based
upon actions taken and decisions made. The City and the League of Minnesota
Insurance Trust defend against these lawsuits. For an employee not to be
defended there would have to be reckless disregard for safety, policies and
procedures.
ARTICLE 14 RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from
subcontracting work performed by employees covered by this AGREEMENT.
ARTICLE 15 DISCIPLINE
15.1 The EMPLOYER will discipline employees who have completed the required
probationary period only for just cause. During the initial probationary period, an
employee may be disciplined without the right of grievance or appeal.
15.2 An employee(s) will not be required to participate in an investigatory interview by
the EMPLOYER where the information gained from the interview could lead to
the discipline of the employee(s) unless the employee(s) is given the opportunity
to have the UNION representative and/or a third party present at the interview to
act as a witness for the employee(s).
15.3 A copy of a written reprimand to any employee covered by this AGREEMENT
shall be forwarded to the UNION.
ARTICLE 16 SENIORITY
16.1 Seniority will be the determining criterion for transfers, promotions and lay offs
only when all job-relevant qualification factors are equal.
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16.2 Seniority will be the determining criterion for recall when the job-relevant
qualification factors are equal. Recall rights under this provision will continue for
twenty-four (24) months after lay off. Recalled employees shall have ten (10)
working days after notification of recall by registered mail at the employee’s last
known address to report to work or forfeit all recall rights.
ARTICLE 17 PROBATIONARY PERIODS
17.1 All newly hired or rehired employees will serve a one (1) year probationary
period.
17.2 All employees will serve a six (6) months’ probationary period in any job
classification in which the employee has not served a probationary period.
17.3 At any time during the probationary period a newly hired or rehired employee
may be terminated at the sole discretion of the EMPLOYER.
17.4 At any time during the probationary period a promoted or reassigned empl oyee
may be demoted or reassigned to the employee’s previous position at the sole
discretion of the EMPLOYER.
ARTICLE 18 SAFETY
The EMPLOYER and the UNION agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work in a safe
manner.
ARTICLE 19 JOB POSTING
19.1 The EMPLOYER and the UNION agree that permanent job vacancies within the
designated bargaining unit shall be filled based on the concept of promotion from
within provided those applicants:
19.1.1 have the necessary qualifications to meet the standards of the job
vacancy; and
19.1.2 have the ability to perform the duties and responsibilities of the job
vacancy.
19.2 Employees filling a higher job class based on the provisions of this ARTICLE
shall be subject to the conditions of ARTICLE 17 (PROBATIONARY PERIOD).
19.3 The EMPLOYER has the right of final decisio n in the selection of employees to
fill posted jobs based on qualifications, abilities, and experience.
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19.4 Job vacancies within the designated bargaining unit will be posted internally for
three (3) working days before being posted externally, so members of the
bargaining unit can be considered for such vacancies before outside applicants.
19.5 It shall be the policy, whenever vacancies appear in the municipal service for full
time positions, to fill such vacancies by promotion of other fully qualified
permanent or temporary employees insofar as possible based upon employee
qualifications and ability to perform the required duties. If there are two (2) or
more such permanent employees in line for such promotion who possess equal
qualifications, it shall be the policy to give consideration to the senior employee.
19.6 A full-time employee who was laid off could be hired back as a seasonal laborer
at their full-time rate of pay. These employees would be el igible for insurance
benefits. Benefits would begin thirty (30) days after the first day of the month
after they are hired. If the employee is on COBRA, the City would pick up the
cost of the insurance until the employee became eligible for insurance benefits.
After the employee was laid off again they would be eligible for a n additional
eighteen (18) months of COBRA.
ARTICLE 20 INSURANCE
20.1 Effective January 1, 2024, 2025 and 2026 the EMPLOYER will contribute
the following increase amounts based off the total increase for the most
expensive plan (for example, if the total increase for the single plan was $100, the
Employer would pay $95 towards the increase).
Employer Contribution Employee Contribution
Single 95% 5%
Single +1 75% 25%
Single +Children 75% 25%
Family 60% 40%
1/1/2024
Single $1,225.32
Employee +
Spouse $2,014.14
Employee +
Child(ren) $1,989.38
Family $2,043.50
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20.2 Employees with single insurance coverage, who were hired prior to March 1,
2004, will be eligible to commit the difference between single coverage expense
and the EMPLOYER contribution to obtain certain mutually agreed appropriate
benefits, such as deferred compensation, additional insurance, or cash. If the
benefit is taken as cash, the amount will be reduced by payroll taxes.
20.3 Employees who choose to opt out of the City’s health insurance program will
receive Three Hundred Sixty dollars ($360.00) to obtain certain mutually agreed
appropriate benefits. Employees wishing to opt out must provide proof of
insurance coverage through another provider. In lieu of the Three Hundred Sixty
dollars ($360.00), employees hired after January 1, 2008, will receive Fifty dollars
($50.00) per month if they opt out of the City’s health insurance program.
20.4 In the event that health insurance provisions fail to meet the requirements of the
Affordable Care Act (ACA) and its related regulations or cause the Employer to
be subject to penalties, taxes, or fines; Union and Employer will meet
immediately to bargain over alternative provisions so as to comply with the ACA
to avoid and/or minimize any penalties, taxes, or fines for Employer.
ARTICLE 21 WAGES
21.1 The following system provides a method for employees to reach higher wage
levels based upon yearly assessments of their job knowledge, qualifications,
skills, and performance.
Effective January 1, 2023 Employees wages will be changed to those found in
Appendix A-1 Wage Schedule.
On the employee’s position anniversary date they will be eligible for a step
increase review. At the review date, the employee may move to the next step or
be held at the existing step depending on their performance during the year. In
the event of a hold, the employee will have a six month period to correct
deficiencies.
The City will monitor qualifications and will make every effort to provide
opportunities for employees to achieve the necessary training. The attainment of
qualifications is the joint responsibility of the employee and the City. An
employee, however, will not be held back from a scheduled step increase
because of a failure of the City to provide the necessary training.
Performance evaluations shall be conducted in accordance to the City of
Hopkins’ Performance Appraisal Policy.
21.2 Employees will be compensated for premiums as provided in Appendix A -2.
Employees will not receive premium license pay for extra licenses which are not
required to have as part of their regular duties.
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21.3 The Maintenance Worker who is designated as in-charge will be paid the
Maintenance Lead Worker Step 7 rate during the hours he or she is in charge.
21.4 SEASONAL/TEMPORARY EMPLOYEES. Employees employed by the
EMPLOYER on a seasonal or temporary basis for no m ore than 185 consecutive
calendar days per calendar year either in a full-time or part-time capacity (more
than 14 hours per week) will be paid at a rate set by the EMPLOYER which will
not exceed 90% of the lowest rate for Utility Locator. Such employees will not be
eligible for any benefits under this Labor Agreement between the City of Hopkins
and Local 49 except those which may be required by law.
ARTICLE 22 HOLIDAYS
22.1 Paid holidays will include those twelve (12) officially established under Minnesota
Statutes 645.44 and shown below, except Columbus Day:
• New Years Day
• Martin Luther King’s Birthday
• President’s Day
• Memorial Day
• Juneteenth
• July 4th
• Veterans Day
• Labor Day
• Thanksgiving Day
• Christmas Eve*
• Christmas Day
• Plus, the Friday following Thanksgiving
22.2 Regular holidays are those for which all full-time probationary or regular
employees are eligible, immediately upon entering the City service.
22.3 When a holiday as designated in this Article falls on Sunday, the following day
(Monday) shall be considered the official observed holiday for employees, or
when such holidays fall on Saturday, the preceding day (Friday) shall be
considered the official observed holiday for employees.
*Except when Christmas Eve falls on a Saturday, Sunday, or observed holiday,
in these cases employees shall be granted 8 hours of floating holiday time,
during the first pay period of the year, in lieu of an observed holiday. Floating
holiday time must be used prior to the end of the calendar year. In the event,
Minnesota Statutes 645.44 is amended to include Christmas Eve, the City is
authorized with notice to make the adjustments to as necessary.
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ARTICLE 23 SICK LEAVE
Effective for employees hired prior to January 1, 2000 who have not switched to Flex
Leave.
23.1 Sick leave with pay shall be granted to all probationary or permanen t full-time
employees at the rate of one (1) working day per each calendar month of full -
time service or major fraction thereof less sick leave used. Permanent part-time
employees will receive sick leave credit on a pro-rata basis. Sick leave shall be
computed on a calendar basis and may be accumulated.
23.2 Sick leave may be granted when necessary for personal illness, legal quarantine
or because of serious illness in the employee’s family as defined in Minn. Stat §
181.9413 or death of spouse, children, grandparents, grandchildren, parents,
brothers, sisters, mother-in-law, or father-in-law of employee.
23.3 In order to be eligible for sick leave with pay the employee shall:
(a) Report promptly to his/her department head the reason for his/her
absence;
(b) Keep his/her department head at all times fully informed of his/her
condition, including written permission to the City Manager to make
inquiries of such employee’s physician, surgeon, or other health
establishment.
(c) Submit a medical certificate for any absence at the request of the
department head.
(d) Furnish upon demand to the City Manager any other information or
medical certificate at any time that he/she may require.
23.4 No sick leave shall be granted except as permitted in this article and the claiming
of sick leave whenever herein prohibited may be cause for disciplinary ac tion,
including transfer, suspension, demotion, or dismissal by the City Manager.
23.5 Any employee covered by this contract who is unable to work at his/her City
occupation because of injuries sustained by him/her during the course of such
employment and is, therefore, entitled to or receiving Worker’s Compensation,
may at his/her written request elect to receive his/her sick leave pay, and may
thereupon pay to the City all Worker’s Compensation which he/she receives, the
same to be credited to his/her sick leave account at his/her then basic monthly
rate.
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23.6 The regular working time consumed by employees using earned vacation leave
or sick leave shall be considered to be working time for the purpose of
accumulating additional vacation leave or sick leave.
ARTICLE 24 FLEX LEAVE
24.1 The UNION hereby adopts the City of Hopkins’ Flex Leave Program. UNION
members can continue on the existing vacation and sick leave program or
choose to participate in the Flex Leave Program. Employees who choose to
participate in the Flex Leave Program cannot return to the vacation and sick
leave program. Full details on the Flex Leave Program are available in the
citywide policy.
LOCAL 49 Flex Leave Accrual Schedule
Flex Leave Accrual Schedule
Yea
r
Leave Yea
r
Leave Yea
r
Leave Yea
r
Leave Yea
r
Leave
Hours Hours Hours Hours Hours
1 160 6 192 11 216 16 240 21 240
2 168 7 200 12 216 17 240 22 240
3 176 8 200 13 224 18 240 23 240
4 184 9 208 14 232 19 240 24 240
5 192 10 208 15 240 20 240 25 280
Note: Local 49 Holidays are paid directly and not included in flex leave accruals.
24.2 UNION employees hired after January 1, 2000, shall participate in the Flex Leave
Program. Employees of the bargaining unit will not be forced to accept Flex
Leave if they choose to remain in the existing Vacation/ Sick Leave program.
24.3 No Diminution of Benefits. The EMPLOYER will not diminish or decrease
benefits available under the Flex Leave Program while this AGREEMENT is in
effect.
ARTICLE 25 VACATIONS
Effective for employees hired prior to January 1, 2000 who have not switched to Flex
Leave.
25.1 Each permanent and probationary employee shall earn vacation leave according
to the following schedule:
Hours
0-5 years 104
18
After 5 years 144
After 10 years 152
After 11 years 160
After 12 years 168
After 13 years 176
After 14 years 184
After 25 years 224
25.2 Vacation leave may be used as earned, provided that the employee’s supervisor
shall in each case determine the time when such vacation leave may be taken.
25.3 Employees may accrue vacation leave to a m aximum of 200% of their annual
entitlement. Any vacation leave days in excess of the amount hereunder
permitted to be accrued may be taken by the employee, after proper notice to
and consent by the employee’s supervisor, by absence from work on a day to
day basis subject to a call for work by the supervisor.
25.4 Any employee leaving the municipal service in good standing after giving proper
notice of such termination of employment shall be compensated for all vacation
leave accrued to the date of separation.
25.5 No employee shall be permitted to waive vacation leave for the purpose of
receiving double pay.
ARTICLE 26 STANDBY PAY
26.1 It is mutually understood and agreed that employees of the Water/ Sewer
Division shall be eligible for standby pay to compensate them for additional
duties performed.
26.2 Employees shall be compensated for one (1) hour at time and one-half (1½) for
each weekday (Monday – Friday) they are required to be on standby duty.
Employees shall be compensated for two (2) hours at time and one-half (1½) for
each weekend day (Saturday and Sunday) and Holiday (Observed Holidays
listed in article 22.1) they are required to be on standby duty. Hours actually
worked shall be paid at time and one-half (1½). Standby duty is defined as a
period wherein an employee is required to respond to utility calls twenty-four (24)
hours per day.
26.3 Employees required to be on standby duty on holidays will be paid for th e holiday
plus time and one-half (1½) for any hours worked.
ARTICLE 27 TUITION REFUND
Employees are eligible to use the Citywide Tuition Reimbursement Program.
ARTICLE 28 SEVERANCE PAY
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Effective for employees hired prior to January 1, 2000 who have not s witched to Flex
Leave.
28.1 After completion of five (5) years continuous City employment, Employees shall
be entitled to severance pay calculated by either multiplying the total num ber of
continuous years in the City employment by the daily wage rate prevailing at date
of severance, at one and one-half (1½) days per year of such employment; or
20% of accumulated sick leave if separation occurs after five (5) years but before
fifteen (15) years, 25% if separation occurs after fifteen (15) years but before
twenty(20) years, and 33-⅓% if separation occurs after twenty (20) years;
whichever is greater.
28.2 Such severance money shall be paid only in cases where separation occurs for
non-disciplinary reasons.
ARTICLE 29 SEASONAL DISTRUPTION PAY
29.1 From November 1st to April 1st each year, any and all employees assigned to
snow removal duties including Mechanics and/or other employees assigned to
support staff during snow events and ice rank maintenance duties shall receive
an additional seasonal disruption pay of $2.50 for all hours served before 7:00
a.m. and/or after 3:00 p.m. shift Monday- Friday. On January 1, 2025 the amount
will increase to $2.75.
29.2 Overtime shall apply. This pay is considered a premium and will not be added
into overtime base pay calculations.
ARTICLE 30 COMMERCIAL DRIVERS LICENSE
The City will pay the cost of endorsements to a Class B Driver’s License.
ARTICLE 31 LIFE INSURANCE
The City will provide a $10,000 basic life insurance policy for each employe e.
ARTICLE 32 UNIFORMS
32.1 The EMPLOYER agrees to pay up to a maximum of Five Hundred dollars
($500.00) per year for uniforms for all employees covered under this
AGREEMENT. One hundred and fifty dollars ($150.00) of the five hundred will be
paid to each employee on the first pay period of the year by a separate check.
This contribution is taxable income.
ARTICLE 33 EYEGLASS REPLACEMENT
20
The City will continue to provide replacement for safety glasses which include safety
lenses and safety frames.
ARTICLE 34 WAIVER
34.1 Any and all prior agreements, resolutions, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
inconsistent with the provisions of this AGREEMENT, are hereby superseded.
34.2 The parties mutually acknowledge that during the negotiations which resulted in
this AGREEMENT, each had the unlimited right and opportunity to make
demands and proposals with respect to any terms or conditions of employment
not removed by law from bargaining. A ll agreements and understandings arrived
at by the parties are set forth in writing in this AGREEMENT for the stipulated
duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily
and unqualifiedly waives the right to meet and negotiate regard ing any and all
terms and conditions of employment referred to or covered in this AGREEMENT
or with respect to any term or condition of employment not specifically referred to
or covered by this AGREEMENT, even though such terms or conditions may not
have been within the knowledge or contemplation of either or both parties at the
time this contract was negotiated or executed.
ARTICLE 35 ADVANCE RESIGNATION NOTICE PROGRAM
35.1 The City of Hopkins Advance Resignation Notice Program is hereby adopted.
ARTICLE 36 POST EMPLOYMENT HEALTH PLAN
Commencing on January 1, 2008, all bargaining unit members shall participate in the
Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP)
pursuant to Minnesota Statute §352.98, which shall be administered and provided by
law.
The plan will be funded by 100% of severance pay and/or accumulated flex leave due to
the employee upon separation from employment with the City.
ARTICLE 37 PARENTING LEAVE
Effective January 1, 2026 the City will remove the short-term disability policy and the
City’s parenting and caregiver leave policies and will in its place begin the state required
Minnesota Paid Family & Medical Leave program. If for some reason there is a delay in
the start of the program the City agrees to continue its existing policies until the new
program goes into effect. The Employer (City) and the Employee (Union) will both
contribute the required .35 percent on income up to the maximum income.
ARTICLE 38 DURATION
21
This AGREEMENT shall be effective as of January 1, 2024, and shall remain in full
force and effect until the 31st day of December, 2026.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on
this_________, day of ________________ 2023.
FOR THE CITY OF HOPKINS; FOR THE INTERNATIONAL UNION
OF OPERATING ENGINEERS, LOCAL
NO. 49;
Mike Mornson, City Manager Jason George, Business
Manager
Patrick Hanlon, Mayor Jonathan Turner, Area
Business Representative
Jeff Spatafore, Union Steward
22
APPENDIX A
1: WAGES
2: LICENSES, PREMIUMS & INCENTIVES
23
APPENDIX B
1: MOU COMMERCIAL DRIVER’S LICENSE
2: MOU CENTRAL PENSION FUND
3: MOU SUMMER HOURS
4: MOU TRAINEE PROGRAM
APPENDIX A – 1: WAGES
The following are the wages for the length of the contract.
Move to the new compensation structure on 1/1/24.
To move:
• Move Employees to the next closest step from 12/31/23 pay rates.
• Eliminate all legacy and premiums not associated with formal licensing or test (except
forestry, pesticide, utilities and equipment specialist) but honor those premiums by
incorporating them into the base pay calculations for moving to steps.
• Anyone set to receive less than 1.5% would move to the next step (see attachment A for
steps and a specific breakdown by employee). There would be no additional steps in 2024.
• Step increases for 2024 would all happen on January 1st to give early credit for partial
steps. Step increases would return to regular dates in 2025.
• Chandra Denault will receive an extra step.
• Employees who did not receive an additional step in 2024 shall receive their 2025 step
early (Paul Nelson, Trenton Stafford, Ronald Baumgartner, Andrew Klobe, Jeffery
Spatafore will receive step movement on 7-1-2025)
In addition to the revised ranges, the City proposes a three year contract with 3.0% COLA/Market
Adjustments in 2024, 2025 and 2026. To take place on January 1 each year.
Maintenance Worker
Step 2024 2025 2026
1
29.93 30.83 31.75
2
31.24 32.18 33.15
3
32.55 33.53 34.54
4
33.86 34.88 35.93
5
35.16 36.21 37.30
6
36.48 37.57 38.70
7
37.79 38.92 40.09
8
39.10 40.27 41.48
9
40.43 41.64 42.89
Lead Maintenance Worker
Step 2024 2025 2026
1
34.48 35.51 36.58
2
36.00 37.08 38.19
3
37.51 38.64 39.80
4
39.02 40.19 41.40
5
40.53 41.75 43.00
6
42.04 43.30 44.60
7
43.56 44.87 46.22
8
45.06 46.41 47.80
9
46.58 47.98 49.42
Equipment Specialist
Step 2024 2025 2026
1
32.22 33.19 34.19
2
33.65 34.66 35.70
3
35.08 36.13 37.21
4
36.51 37.61 38.74
5
37.95 39.09 40.26
6
39.38 40.56 41.78
7
40.81 42.03 43.29
8
42.24 43.51 44.82
9
43.69 45.00 46.35
Utilities Assistant
Step 2024 2025 2026
1
27.13 27.94 28.78
2
28.31 29.16 30.03
3
29.50 30.39 31.30
4
30.68 31.60 32.55
5
31.88 32.84 33.83
6
33.06 34.05 35.07
7
34.25 35.28 36.34
8
35.43 36.49 37.58
9
36.64 37.74 38.87
Utilities Worker
Step 2024 2025 2026
1
31.70 32.65 33.63
2
33.14 34.13 35.15
3
34.57 35.61 36.68
4
36.00 37.08 38.19
5
37.43 38.55 39.71
6
38.86 40.03 41.23
7
40.29 41.50 42.75
8
41.73 42.98 44.27
9
43.18 44.48 45.81
Lead Utilities Worker
Step 2024 2025 2026
1
36.25 37.34 38.46
2
37.83 38.96 40.13
3
39.42 40.60 41.82
4
40.99 42.22 43.49
5
42.58 43.86 45.18
6
44.17 45.50 46.87
7
45.75 47.12 48.53
8
47.34 48.76 50.22
9
48.95 50.42 51.93
APPENDIX A – 2: LICENSES, PREMIUMS & INCENTIVES
Employees will not receive premium license pay for extra licenses which are not required
to have as part of their regular duties. The following premiums are added to the
employee’s hourly pay.
Maintenance Worker
Required Licenses:
Class B Commercial Driver’s License with Air Brake and Tanker endorsement
Eligible Premiums & Incentive Pay:
Seasonal Disruption (Appendix A-5)
The positions below receive the following incentives/premiums as a result of specialized
training, licenses or responsibilities assigned to those in these position assignments.
These assignments are not simply filling in or assisting but positions responsible for
providing and overseeing services in these areas.
Forestry Assignment (License Required) $1.00
Pesticide Assignment (License Required) $1.00
Lead Maintenance Worker
Required Licenses:
Class B Commercial Driver’s License with Air Brake and Tanker endorsement
(Parks & Forestry)
Class A Commercial Driver’s License with Air Brake and Tanker endorsement
(Streets)
Tree Inspector (Forestry)
Eligible Premiums & Incentive Pay
Seasonal Disruption (Appendix A-5)
Equipment Specialist
Required Licenses:
Class A Commercial Driver’s License with Air Brake and Tanker endorsement
Eligible Premiums & Incentive Pay:
Seasonal Disruption (Appendix A-5)
UTILITIES ASSISTANT
Required Licenses:
Class B Commercial Driver’s License
Eligible Premiums & Incentive Pay:
D Sewer or Water License $0.25
C Sewer or Water License $0.35
B Sewer or Water License $0.45
Combination B & C Sewer & Water Licenses $0.70
B & SB Sewer & Water Licenses $1.00
UTILITIES WORKER
Required Licenses:
Class B Driver’s License with Air Brake and Tanker endorsement
Class D Sewer & Water Licenses
Eligible Premiums & Incentive Pay:
C Sewer or Water License $0.35
B Sewer or Water License $0.45
Combination B & C Sewer & Water Licenses $0.70
B & SB Sewer & Water Licenses $1.00
UTILITIES LEADWORKER
Required Licenses:
B & SB Sewer & Water Licenses
Class A-CDL