The URL can be used to link to this page

CR 07-127 Approve 2008-2010 49 Contract December 18, 2007 . Council Report 2007-127 • APPROVE 2008-2010 LOCAL 49 CONTRACT Proposed Action Staff recommends that the Council approve the following motion: Move approval of the 2008-2010 Contract Loca149. This action will ratify the 2008-2010 contract with Loca149, representing the public works employees. Overview - . The contract calls for a 3% wage increase effective January l, 2008, a 3% wage increase effective January 1, 2009, and a 3% wage increase effective January 1, 2010. The contract also .provides for an increase in the City's contribution for insurance of $13.00/month for 2008. The increase will apply for employees with family, Single +1, or Single + Children group health insurance. The City's contribution for employees with single coverage is being increased to match that of the other unions. For 2009 the increase in the City's contribution for health insurance will equal 1/2 of the average increase in family insurance. There will be no increase for employees with single coverage. Primarv Issues to Consider •• What other economic issues are included in the new contract? • How does this agreement fit in with the 2008 and 2009 budgets? • How does this agreement compare to other contract settlements for 2008 in terms of wage and benefit increases? � A. Genellie sistant City Manager Financial Impact: $ $39, 736 in 2008 Budgeted: Y/N Yes Source: General & Utility Funds Related Documents (CIP, ERP, etc.): Notes: • Council Report 2007-127 Page 2 - � Analysis of the Issues What other economic issues are included in the new contract? • Extra money for a forestry license. How does this agreement fit in the budget? The City budgeted 3% for wage increases in 2008. The cost of the insurance increase is within the budget. The small increase in insurance is due to the City switching insurance providers for 2008. The City Council has not approved a budget for 2009. The proposed increase in wages, however, is � approximately what the finance department has been using for planning purposes. How does this agreement compare to other contract settlements for 2008, 2009, and 2010 in terms of wage and benefit increases? 2008 settlements for other cities have been coming in at 3% or above. There are not enough 2009 and 2010 settlements to determine a trend. • Alternatives 1. Approve the contract. Pay and benefit increases will be included in the next payroll. 2. Do not approve the contract. Staff would have to renegotiate the contract. Staff recommends Alternative #l. • • LABOR AGREEMENT Between The CITY OF HOPKINS And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO • • 2oos-2oio � � �� CONTENTS ,,. � ARTICLE I PURPOSE OF AGREEMENT ............................................................................... 1 ARTICLE II RECOGNITION ...................................................:............................................. 1 ARTICLE III UNION SECURITY ........................................................................................... 2 ARTICLE IV EMPLOYER SECURITY .................................................................................. 2 ARTICLE V EMPLOYER AUTHORITY ............................................................................... 2 ARTICLE VI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .................................... 2 ARTICLE DEFINITIONS .................................................................................................... 5 ARTICLE SAVINGS CLAUSE ....................................................................................... 6 ARTICLE IX WORK SCHEDULES ............................................................................:........... 6 ARTICLEX OVERTIME PAY ........::..................................................................................... 7 ARTICLE COMP TIME ...........................................................................................:.......... 7 ARTICLE CALL BACK ...................................................................................................... 8 ARTICLE XIII LEGAL DEFENSE ......................................................................................... 8 ARTICLE XIV RIGHT OF SUBCONTRACT .........:.............................................................. 8 ARTICLE XV DISCIPLINE ....................................................................................................... 8 ARTICLE XVI SENIORITY ................................................................................................... 9 ARTICLE XVII PROBATIONARY PERIODS ........................................................................ 9 ARTICLE XVIII SAFETY ......................................................................................................... 9 ARTICLE XIX JOB POSTING ................................................................................................ 9 ARTICLE XX INSURANCE ..........:......................................................................................... � 0 � ARTICLE XXI WAGES ........................................................................................................ 11 ARTICLE XXII HOLIDAYS .................................................................................................. 13 ARTICLE XXIII SICK LEAVE ............................................................................................... 13 ARTICLE XXIV FLEX LEAVE .............................................................................................. 14 ARTICLE XXV VACATIONS ...:........................................................................................... 15 ARTICLE XXVI STANDBY PAY ..............................................................................:............ 16 ARTICLE XXVII TUITION REFUND .................................................................................... 16 ARTICLE XXVIII SEVERANCE PAY ........................................................................:.......... 16 ARTICLE XXIX TOOL INSURANCE .................................................................................... 16 ARTICLE XXX COMMERCIAL DRIVERS LICENSE ........................................................ 17 ARTICLE XXXI LIFE INSURANCE ...................................................................................... 17 ARTICLE XXXII UNIFORMS ................................................................................................. 17 ARTICLE XXXIII EYEGLASS REPLACEMENT ................................................................. 17 ARTICLE XXXIV WAIVER .................................................................................................... 17 ARTICLE XXXV ADVANCE RESIGNATION NOTICE PROGRAM ................................. 17 ARTICLE XXXVI DURATION ........................................................:...................................... 18 APPENDIXA .....:......................................................................................................................... 20 MAINTENANCE II - START ................................................................................................. 20 MAINTENANCE II - STEP 1 ...............................................................................................:. 21 MAINTENANCE II - STEP 2 ................................................................................................. 22 MAINTENANCE II - STEP 3 ................................................................................................. 23 MAINTENANCE II - STEP 4 ................................................................................................. 24 �;:„ MAINTENANCE II - JOURNEY LEVEL .............................................................................. 25 �� i i - - i - � - --- - "- ; : - --_ _ _ : � - -- -- ,. -�: • MAINTENANCE III ................................................................................................................ 26 MAINTENANCE IV ................................................................................................................ 27 EQUIPMENT LIST FOR EACH DIVISION ............................................................................... 29 MAINTENANCE WORKER UPGRADE PROGRAM .............................................................. 30 APPENDIXB ............................................................................................................................... 35 • • 2008-2010 . j LABOR AGREEMENT Between � THE CITY OF HOPKINS And INTERNATIONAL UNION OF OPERATINGENGINEERS LOCAL NO. 49 AFL-CIO ARTICLE I 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, AFL-CIO, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages, and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application. 1.3 Specify the full and complete understanding of the parties; and � 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications list�d below who are public employees within the meaning of Minn. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees Maintenance II Maintenance III Maintenance IV Foreman Mechanic. Master Mechanic ,,, i 2008-2010 Loca149 Contract � I ; I i - --- - - --- ----- ,_._�.. . . i �� . ; -- - i -- -- _ . • ARTICLE III UNION SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction; and , 3.2 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 choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV 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 V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perForm any inherent managerial 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 VI 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. 2008-2010 Loca149 Contract 2 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 such 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 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 conformance with the following procedure: Stea 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 2 th UNION within ten 10 calendar da s shall be � in writing to Step by e () y � 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 may be appealed to Step 3 within � 2008-2010 Local 49 Contract 3 - --- - - - .,,:.:_.. ... i ,: : � --- - - _ � -. ---- - _- - -- : -:� • 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 receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the 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. Stea 4• A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. 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 mufually 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 Services 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 inconsisten# 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 2008-2010 Loca149 Contract 4 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. 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 extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately � appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 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 VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized — Step 5 of ARTICLE VI 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 VL ' ARTICLE VII DEFINITIONS 7.1 Union: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.2 Emaloyer: The City of Hopkins. � 2008-2010 Loca149 Contract 5 - - - --- - - -- �. . ,.,_., .. -- --- - - . ... _. � .. � _ . , ; • 7.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.4 Emulovee: A member of the exclusively recognized bargaining unit. 7.5 Base Pav Rate: The employee's hourly pay rate exclusive of longevity or any other special allowance. 7.6 Seniori : Length of continuous service in any of the job classifications covered by ARTICLE II — RECOGNITION. Employees who are promoted from a job . 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. 7.7 Severance Pav: Payment made to an employee upon honorable termination of employment. 7.8 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. • 7.9 Call Back: Return of an employee to a specified work site to perForm assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE VIII 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 IX 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 than the normal 7:00 — 3:15 day. The EMPLOYER will give seven (7) days advance notice to the 2008-2010 Loca149 Contract 6 . employees affected by the establishment of work days different from the � . , � em lo ee s normal ei ht 8 hour work da . � p Y 9 � ) Y 9.3 For Park's division employees who are required to flood ice rinks, a three {3) day notice is required. This language will sunset at the expiration of the current contract, at which time this language may be modified, amended, or retained upon mutual agreement by both parties. 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 X 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 (1'/2) times the employee's � regular base pay rate. 10.2 Overtime will be distributed according to Department/Division with the senior qualified employee having first choice. If additional workers are needed, the senior qualified employee outside of the Department/ 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 XI 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 (1'h) 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. {;� 2008-2010 Loca149 Contract 7 - --- - � � - - -- -- - - i -- - I -_..- . ARTICLE XII 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 two and a half (2'h) hour's pay at one and one-half (1'/) times the employee's base pay rate. ARTICLE XI11 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 direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. 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 XIV 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 XV 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. 2008-2010 Loca149 Contract $ ARTICLE XVI SENIORITY ,� � 16.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job-relevant qualification factors are equaL 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 XVII PROBATIONARY PERIODS 17.2 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 employee � may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVIII 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 XIX 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 that applicants: 19.11 have the necessary qualifications to meet the standards of the job vacancy; and 19.12 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 XVII (PROBATIONARY PERIOD). � 2008-2010 Loca149 Contract Q i - - - - _ _ - „ ...�,. ,.. _ .... - � � _ . . .. ::..... . .. ..... . . ::.: . .. :.. : • 19.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. 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 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 eligible 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 an additional eighteen (18) months of COBRA. � ARTICLE XX INSURANCE 20.1 Effective January 1, 2008, the EMPLOYER will contribute up to a maximum of iVine Hundred dollars ($900.00) per month for full-time employees with family, Single +1, or Single + Children group health insurance and Five Hundred and Thirty-Five Dollars ($535.00) per month for full-time employees with single group health insurance. 20.2 Effective January 1, 2009, the increase for employees with Family, Single +1, Single + Children group health insurance shall be equal to one half (%) of the average increase in family insurance. There shall be no increase for employees with single coverage. 20.3 Effective January 1, 2010, the increase for employees with Family, Single +1, Single + Children group health insurance shall be equal to one half ('h) of the average increase in family insurance. Employees with single group health insurance shall receive Six Hundred and Twelve (612.00) per month. If any other City bargaining unit settles for more than $612.00 in 2010, Local 49 would receive an identical increase. • 2008-2010 Loca149 Contract 10 � II 20.4 Employees who choose to opt out of the City's health insurance program will � receive $360.00 to obtain certain mutually agreed appropriate benefits. Employees wishing to opt out must provide proof of insurance coverage through another rovider. In lieu of the $360.00, employees hired after January 1, 2008, p will receive $50.00 per month if they opt out of the City's health insurance program. ARTICLE XXI WAGES 21.1 The following system provides a method for employees to reach higher wage levels based upon yearly assessmenfs of their job knowledge, qualifications, skills, and performance. On the employee's anniversary date he/she 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 his/her 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. I „„ 2008-2010 Loca149 Contract 11 ' - - - - -- , ..::,_. ._. _ _: i _ . � - - . :_: - - -- i ; --- . - �-- .,.,, .. . ; .. • 21.2 The following wage schedule shall be in force from January 1, 2008 through December 31, 2010: 3% Effective 3% Effective 3% Effective 01 /01 /2008 01 /01 /2009 01 /01 /2010 MAINTENANCE WORKER II (MWII)* Step 1 17.93 18.47 19.02 Step 2 19.00 19.57 20.16 Step 3 20.21 20.82 21.44 Step 4 21.44 22.08 22.74 MWII Journey Level 22.98 23.67 24.38 MW III 23.55 24.26 24.99 MW IV 24.80 25.54 26.31 Foreman 28.71 29.57 30.46 MECHANIC 24.36 25.09 25.84 MASTER MECHANIC* 26.03 26.81 27.61 See Appendix A for description of steps. Employees possessing a"C" license for Sewer or Water shall receive an extra • $.20 per hour. Employees possessing a"B" license for Sewer or Water shall receive an extra $.30 per hour. � Employees possessing any combination of two "B" or "C" licenses for Sewer or Water shall receive an extra $.40 per hour. Employees possessing a pesticide/herbicide license or a tree inspector license shall receive an extra $.20 per hour. A Mechanic will be eligible for Master Mechanic pay upon completion of the criteria contained in the job description for Master Mechanic. A Master Mechanic will be required to continue to meet these criteria in order to continue to receive Master Mechanic wages. 21.3 The designated Maintenance Worker II or III who is in charge will be paid the Maintenance Worker IV rate during the hours he or she is in charge. The employee who is officially designated as the refuse driver shall be paid at the Maintenance Worker IV rate 21.4 Employees who have a Water and Sewer License and are fully qualified to • perform Utility Worker duties including standby program and are assigned to the Utility Division as the home division, will be paid at the MW III rate. 2008-2010 Loca149 Contract � 2� 21.5 SEASONAL LABORER. Employees employed by the EMPLOYER on a � seasonal or temporary basis for no more than 120 work 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 a Maintenance Worker II. This language will "sunset" at the end of this AGREEMENT and can be modified, extended, or dropped at that time by mutual agreement of the City and the UNION. I �� ARTICLE XXII HOLIDAYS ; 22.1 Paid holidays will include those ten (10) officially established under Minnesota � Statutes 645.44, except Columbus Day: • New Years Day , � • Martin Luther Kin s Birthda 9 Y • President's Day . • Memorial Day � tn July 4 • Veterans Day • Labor Day • Thanksgiving Day • Christmas Day . Plus, the Friday following Thanksgiving u ' 22.2 Regular holidays are those for which all full-time probationary or regular employees are eligible, immediately upon entering the City service. The floating holidays are to be taken in the calendar year of the contract and will be made available upon completion of six (6) months service. Appropriate records on floating holidays will be kept by the department heads. � ; � ARTICLE XXIII 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 permanent 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 or death of spouse, children, grandparents, grandchildren, parents, brothers, sisters, mother-in-law, or father-in-law of employee. � 2008-2010 Loca149 Contract 13 --- ----- -- - - i � - - i i i • 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 inquires 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 action, 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 Workmen's Compensation, may at his/her written request elect to receive his/her sick leave pay, and may thereupon pay to the City all Workmen's Compensation which he/she receives, the same to be credited to his/her sick leave account at his/her then basic monthly rate. 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 XXIV FLEX LEAVE 24.1 Flex Leave: 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. � 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. 2008-2010 Local 49 Contract 14 �� ARTICLE XXV VACATIONS '�►'' Effective for em /o ees hired rior to Janua 1 2000 who have not switched to Flex P Y p rY , � Leave i � 25.1 Each permanent and probationary employee shall earn vacation leave according to the following schedule: Hours 0- 5 years 104 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 maximum of 150% 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 em lo ment shall be com ensated for all vacation I II p Y p ; 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. ,;;; 2008-2010 Loca149 Contract 15 _ - - - - -- , : - -<-, � � , _: • ARTICLE XXVI 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 one hour at time and one-half for each day they are required to be on standby duty. Hours actually worked shall be paid at time and one-half (1'/). Standby duty is defined as a seven (7) day period wherein an employee is required to respond to utility calls 24 hours per day. 26.3 Employees required to be on standby duty on holidays will be paid for the holiday plus time and one-half (1'/) for any hours worked. ARTICLE XXVII TUITION REFUND The employee may receive reimbursement for the cost of tuition and required text books for those courses which have a direct relationship to the responsibilities embodied in the employee's position/ classification. The employee shall initially make payment for such cost of tuition and required text books but shall be reimbursed upon submission of a satisfactory grade for the course taken and paid receipt for the tuition cost. Participating employees shall be required to receive prior department head approval of each course • taken in order to be eligible for reimbursement. ARTICLE XXVIII SEVERANCE PAY Effective for employees hired prior to January 1, 2000 who have not switched to Flex Leave 28.1 After completion of five years continuous City employment, Employees shall be entitled to severance pay calculated by either multiplying the total number of continuous years in the City employ by the daily wage rate prevailing at date of severance, at one and one-half (1'h) days per year of such employment; or 20% of accumulated sick leave if separation occurs after 5 years but before 15 years, 25% if separation occurs after 15 years but before 20 years, and 33-�% if separation occurs after 20 years; whichever is greater. 28.2 Such severance money shall be paid only in cases where separation occurs for non-disciplinary reasons. ARTICLE XXIX TOOL INSURANCE The EMPLOYER will pay 100% of the cost of tool theft insurance for Mechanics. Insurance will be provided through the League of Minnesota Cities Insurance Trust (LMCIT). • 2008-2010 Loca149 Contract 16 ARTICLE XXX COMMERCIAL DRIVERS LICENSE � � The City will pay the cost of endorsements to a Class B Driver's License. ARTICLE XXXI LIFE INSURANCE � The City will provide a$10,000 basic life insurance policy for each employee. �� ARTICLE XXXII UNIFORMS ; 32.1 The EMPLOYER agrees to pay up to a maximum of Three Hundred Fifty Dollars ($350.00) per year for uniforms for all employees covered under this AGREEMENT. ARTICLE XXXIII EYEGLASS REPLACEMENT The City will continue to provide replacement for safety glasses which include safety lenses and safety frames. ARTICLE XXXIV 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. All agreements and understandings arrived j at by the parties are set forth in writing in this AGREEMENT for the stipulated I duration of this AGREEMENT. The EMPLOYER and the UNION �each voluntarily � and unqualifiedly waives the right to meet and negotiate regarding any and all � terms and conditions of employment referred to or covered in this AGREEMENT � or with respect to any term or condition of employment not specifically referred to � or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXXV ADVANCE RESIGNATION NOTICE PROGRAM 35.1 The City of Hopkins Advance Resignation Notice Program is hereby adopted as revised on 1/1/06 and contained in the Administrative Policy Manual. � 2008-2010 Loca149 Contract � 7 , � - - --- „ : :. i ;--- - - - - - i � . . : _ ..: • ARTICLE XXXVI DURATION This AGREEMENT shall be effective as of January 1, 2008, and shall remain in full fiorce and effect untif the 31 day of December, 2010. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this , day of 2007. FOR THE CITY OF HOPKINS; FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49; Eugene J. Maxwelf, Mayor Glen Johnson, Business Manager Rick Getschow, City Manager Todd Doncavage, Area Business Representative Jim Geneflie, Asst. City Manager Craig Gustafson, Union Steward � Robert A. Olson, Union Steward AI Mattonen, Union Steward James Ehmiller, Union Steward � 2008-2010 Loca149 Contract 1$ MEMORANDUM OF UNDERSTANDING � i Central Pension Fund j The purpose of this Memorandum of Understanding is to assist both Labor and Management in ' identifying and implementing the Central Pension Fund (CPF). 1. The CPF is a supplemental Pension Fund authorized by Minnesota. Statutes, §356.24, subdivision 1(10). 2. The parties agree that the agreed upon amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre-tax employer contributions. Contributions from the City will not be funded from any source other than this wage reduction. 3. The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund at 4115 Chesapeake Street NW, Washington, D.C. 20016. 4. A contribution of $0.96 er strai ht time hour worked prevents any employee's P g annual CPF contributions from exceeding $2,000.00 in a year and therefore complies with limitations set forth under Minnesota Statute § 356.24, subd. 1(10) as amended in 2002. ' S. The parties agree that the Public Employees Retirement Association interprets employer contributions to the CPF as being included in determining "salary" for the � purposes of the public pension. 6. The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. 7. Effective 1-1-06 the contribution rate equals $.96 per straight time hour worked. ' 8. Members, by maj ority vote, may change the contribution rate at anytime during the life of this agreement. The Union and the Employer will work together to implement member approved changes as soon as is practicable. For the City of Hopkins: For IUOE, Loca149: Rick Getschow, City Manager Todd Doncavage, ABR Dated Dated �� . 2008-2010 Loca149 Contract � g � i � . . - - - � i - -:-� - - _ • APPENDIX A CITY OF HOPHINS , PUBLIC WORKS MAINTENANCE II — START MINIMUM REQUIREMENTS • High School Diploma, GED or equivalent. • Va1id Minnesota Class C Driver's License. • Ability to meet a minimum score of 70 percent on a Mechanical aptitude test. • Successful completion of City's physical examination including drug testing, if required. • Ability to read, understand, and follow written and oral instructions including safety rules. • Ability to meet the physical demands of the job including, but not limited to, lifting, bending, climbing, reaching overhead, pushing and pulling. � • Ability to perform job responsibilities in climactic extremes. • Ability to perform routine repair and maintenance tasks in one or more of the following divisions: ♦ Streets/ Sanitation ♦ Parks/ Forestry ♦ Water/ Sewer ♦ Buildings/ Equipment • ' 2008-2010 Loca149 Contract 20 CITY OF HOPKINS � � PUBLIC WORKS MAINTENANCE II — STEP 1 MINIMUM REQUIREMENTS � • Meets or exceeds all the minimum requirements of Public Works Maintenance II-Start • Minimum of 1 year of experience in Maintenance II — Start Level • Ability to deal effectively with peers, supervisors and public ; • Possession of a Class B Drivers License (within 6 months) • Ability to perform: ♦ Basic asphalt patching skills ♦ Basic concrete repair skills . ♦ Refuse/ Sanitation manual work ♦ Traffic Control for snow removal �;� ♦ Vehicle/ Equipment routine maintenance � ♦ Basic custodial skills • Qualified to operate: ♦ Air compressors/ Jack Hammer ♦ Cement Mixer ♦ Lawn Mowers/ Weed Whips i � 1 I . ;� 2008-2010 Loca149 Contract 2 � - - - - - - - i . :::.,.. i � ,._. i :::: :_� � CITY OF HOPHINS PUBLIC WORKS MAINTENANCE II — STEP 2 MINIMUM REQUIREMENTS • Meets or exceeds all the minimum requirements of Public Works Maintenance II-Step 1 • Minimum of 1 year experience at Step 1 • Initiative in seeking and performing work • Safe work practices/ driving record � • Minimum tardiness/ positive sick leave attitude • Ability to perform: ♦ Advanced asphalt patching skills • ♦ Snow plowing (1 ton truck and under) ♦ Catch basin repair ♦ Traffic sign maintenance ♦ Special event assistance ♦ Turf mowing practices ♦ Sidewalk snow plowing ♦ Water meter reading ♦ Familiarity with Step A equipment service • Qualified to operate: ♦ Dump Truck ♦ Brush Chipper ♦ Asphalt Roller ♦ 72" Rotary Mower • 2008-2010 Loca149 Contract 22 litij' � CITY OF HOPKINS PUBLIC WORKS MAINTENANCE II — STEP 3 MINIMUM REQUIREMENTS • Meets or exceeds all the minimum requirements of Public Works Maintenance II — Step 2 • Minimum of 1 year experience at Step 2 • Ability to perform work without supervision • Record keeping skills • Ability to perform: ♦ Snow plowing/ sanding (dump truck) • I ♦ Traffic striping ♦ Tree Service skills (Trimming, Takedowns, Stumps, Etc.) ;,;;; ♦ Landscape Maintenance ♦ Park shelter/ equipmentl ball field/ irrigation system maintenance basics ♦ Storm sewer maintenance (CB cleaning, etc.) • Qualified to operate: ♦ Refuse Truck (Rear Loader) ♦ Stump Cutter ♦ Paint Striper ♦ Park Tractors Ilit+ , 2008-2010 Loca149 Contract 23 - - i - ,- -- -_ I I _ _ _ i _ _ � CITY OF HOPHINS PUBLIC WORKS MAINTENANCE II — STEP 4 MINIMUM REQUIREMENTS • Meets or exceeds all the minimum requirements of Public Works Maintenance II — Step 3 • Minimum of 1 year experience at Step 3 • Ability to supervise part-time and seasonal employees • Advanced record keeping skills • Ability to Perform: ♦ Street Light Maintenance basics ♦ Traffic Signal Maintenance basics � ♦ Work site sign layout ♦ Water/ Sanitary Sewer Maintenance basics • Qualified to operate: ♦ Park Tractors (w/ attachments) • 2008-2010 Loca149 Contract 24 CITY OF HOPKINS � PUBLIC WORKS MAINTENANCE II — JOURNEY LEVEL MINIMUM REQUIREMENTS • Meets or exceeds a11 the minimum requirements of Public Works Maintenance II — Step 4 • Minimum of 1 year experience at Step 4 • Ability to lead a three (3) man crew • Ability to perform all duties related to assigned division • Qualified to operate all equipment required to perform assigned duties �;�. ,�� . 2008-2010 Loca149 Contract 25 .� :;:...�.. i -; : � -- -- _ i I - -- -- - - - .. .� • CITY OF HOPKINS PUBLIC WORKS MAINTENANCE III MINIMUM REQUIREMENTS • Meets or exceeds all the minimum requirements of Public Works Maintenance II • Ability to supervise a work crew • Ability to assist in the training of division employees • Ability to maintain all division records as required Mechanics: Ability to repair/ maintain all City equipment. . Streets/ Sanitation: Ability to operate/ maintain all street/ sanitation equipment; including motorgrader, front end loader, street sweeper; backhoe, and garbage truck (automated). Water/ Sewer: Ability to operate/ maintain all water/ sewer facilities and equipment; including jet/vac truck, sewer rodder and backhoe. Must hold MN Class D Water and Sewer License. Park and Forestry: Ability to operate/ maintain all irrigation systems and Paxk and Forestry equipment. All forestry employees will have the ability to move to Maintenance III provided they have successfully completed one year of service at Maintenance II journey level. � 2008-2010 Loca149 Contract 26 i , ' ��, � CITY OF HOPKINS PUBLIC WORKS MAINTENANCE IV MIlvIMUM REQUIREMENTS • Meets or exceeds all the minimum requirements of Public Works Maintenance III or Maintenance II if appropriate • Ability to assist in scheduling of division employees, activities, materials and equipment • Ability to respond to and resolve complaints effectively • Ability to supervise division employees in absence of the division superintendent • The regularly assigned Refuse Hauler will have the ability to move to the Maintenance Worker IV rate after successful completion of one year in the assignment at the Maintenance � Worker III rate. � � I i 5 �:�� 2008-2010 Loca149 Contract 27 . _ - � -.--: _._ E -_. -._ .-- - .-.-_------- - --- - � - - - I � - - - ---- -- - - -- ----- _ - -- -�---- ------- -.. . . . - .... • : CITY OF HOPHINS , PUBLIC WORKS MAINTENANCE WORKER POSITIONS Maintenance II - Start Entry Level - General Maintenance Maintenance II - Step 1 Maintenance II - Step 2 Maintenance II - Step 3 Maintenance II - Step 4 Maintenance II Journey Level Maintenance III Special Skills - Mechanic Street/ Sanitation, • Water/ Sewer Maintenance IV Lead man All personnel will be eligible to move to Maintenance IV/ Journey Level. • 2008-2010 Loca149 Contract 28 i i N I EQUIPMENT LIST FOR EACH DIVIS O � STREETS• ABILITY TO LEAD A CREW GRADER BACK-HOE SWEEPER LOADER SINGLE OR TANDEM DUMP TRUCK WITH PLOW AND WING GARBAGE TRUCK - AUTOMATED AND REAR LOADER LOG TRUCK ' AERIAL LIFT OR BUCKET TRUCK � PARKS: ' LOG TRUCK � AERIAL LIFT OR BUCKET TRUCK LOADER BACK-HOE �� UTILITIES: VAC TRUCK LOADER BACK-HOE RODDER WATER AND SEWER LICENSE METER READING WATER SAMPLE COLLECTION ' SINGLE OR TANDEM DUMP TRUCK WITH PLOW AND WING TELEPHONE/ CUSTOMER SERVICE � 2008-2010 Loca149 Contract 29 - _ i �.. . _: -- _ i � _ � _ - - • MAINTENANCE WORKER UPGRADE PROGRAM ADDENDUM TO LABOR AGREEMENT BETWEEN THE CITY OF HOPHINS AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL-CIO MAINTENANCE WORKER III UPGRADE PROGRAM AND MAINTENANCE WORKER IV UPGRADE PROGRAM I. PURPOSE The purpose of this policy is to encourage continued employee education for the betterment of the individual employee and the City. The program makes the Maintenance Worker III (MW1II) and MW N levels achievable to any Loca149 employee who can meet the program requirements. II. PROGRAM REQUIREMENTS Following are the requirements to achieve the MWIII status: • a) Seven (7) full years of service with the City and having attained Maintenance Worker II (MW II), Journey Level. b) Ability to operate all equipment on attached division equipment list. c) Meets all requirements currently listed in the step system. d) Completion of two (2) credit leadership courses if not participating in the Public Works Administration Program through North Hennepin Community College. e) Completion of one-half (%2) of an approved career development program (one-half (%2) of 30 credits). � The requirements listed in e) above will be reduced by one (1) credit per year of service beyond seven (7) years up to a maximum of fifteen (15) years (m�imum of 8 credit reduction). An additional amount of credit will be granted for employees with the following license: g) State of Minnesota Water License: Three (3) credits h) State of Minnesota Sewer License: Three (3) credits i) The employee is required to submit a progress report documenting completion of requirements a) — fl above and obtain supervisor approval before wages are increased to MW III level. This progress report must also include the final completion date. The final completion date must be set at six (6) years from date of completing MW III wage requirements. The employee and supervisor must sign and date this progress report. j) All employees participating in the program will be required to obtain thirty (30) credits of approved education. k) After obtaining MW III pay status as described in paragraphs a) — g) above, the employee will have six (6) years to complete the thirty (30) education credits. This required completion date must be entered on the program progress form submitted by the � employee at the time MW III wage requirements described above are met. 2008-2010 Local 49 Contract 30 i I I � MWN EDUCATION/ TRAINING PROGRAM — Employees will be paid at a MW IV Level wha � ; a) have ten (10) years service in the bargaining unit; � b) have completed the North Hennepin Course of instruction (or equivalent); i c) have completed twenty (20) hours of pre-approved, job related, after hours training every ; two (2) years. � I The Employer is only responsible for approving, funding and filing course completion documentation provided by the employee. After hours training must be completed every two (2) calendar years. Training must be conducted within the State. Employer has the right to disapprove out of town training based on available training/ travel budget and expected workload and stafFmg. Employer will not unreasonably deny training. III. RESPONSIBILITIES Employee and Employer responsibilities are as follows: a) Supervisors will progress in the program as a part of the yearly employee performance review, using the attached progress report form. b) Whenever a change to the approved education program is needed, the employee is responsible for first submitting a description of the change and obtaining supervisor approval — a progess report form is used. � c) The employee is responsible for registering for classes and for all other administrative duties regarding the education program. d) Changing from one program to another is acceptable provided the new course work is public works related and is approved by the supervisor, see b) above. e) Each employee is responsible for initiating his or her application for the MW III Upgrade Program. This is done by submitting a written application to the division supervisor, see aitached program application form. Once formal application is made, the following actions will take place: • The employee and supervisor will meet to review and> or establish the MW III upgrade program. It is the responsibility of the employee and supervisor exclusively to complete this step. • Once the upgrade program is established, a minimum of one progress meeting per year is required. The meeting will be to review program status and to help ensure steady progress. • The employee is responsible for completing all required documentation, provided by the Employer, regarding the MW III Upgrade program. ' � The employee is responsible for completing the upgrade program within six (6) years of completion of MW III wage requirements, see Section II above. If not completed within the six (6) years, pay will revert to the current MW II, Journey Level wage until program requirements are completed. � 2008-2010 Loca149 Contract 31 _ .�..::::::_. � _ _ . _ . � � _ _ . ,;_ :; _ . _� - � - � _. . . . . .. _, , : ,_ • IV. TUITION REIMBURSEMENT Employees will be reimbursed for education expenses per Article XXVI of the collective bargaining agreement. V. DISPUTE RESOLUTION An MW III Upgrade Committee will be created, as necessary. The committee, consisting of two management representatives selected by the Public Works Director and two union representatives selected by the Union membership will be convened by the Labor Management Committee when issues cannot be resolved by the parties involved. If the MW III Upgrade Committee cannot satisfactorily resolve the issue, the Public Works Director will make the final decision. The decision of the Committee or the Public Works Director is not grievable. VI. GENERAL a) Any employee not participating in the career development program will be considered for "working out of classification" as described in the Collective Bargaining Agreement. b) If a lateral transfer occurs, the individual with ten (10) or more years of service will be . given one (1) year to qualify for the new deparhnent without a reduction in the hourly rate of pay. • • 2008-2010 Loca149 Contract 32 � I CITY OF HOPKINS � N1W III UPGRADE PROGRAM APPLICATION (To be completed by employee) NAME: DIVISION: i CURRENT STEP STATUS: YEARS OF CITY SERVICE: � , DESCRIPTION OF CAREER DEVELOPMENT PROGRAM (Program must Include 30 credits of outside the job education): �a� � � NUMBER OF CREDITS REQUIRED TO EARN MW III WAGE: (15 Credits minus Credits Completed to Date minus Longevity Credits minus License Credits) EXPECTED DATE TO MEET MW III WAGE REQUIREMENT: SUPERVISOR APPROVAL/COMMENTS: Supervisor Signature/ Date I Employee Signature Date . � 2008-2010 Loca149 Contract 33 - - -- _ - --- - - --- --- --- --- i - : � - - - - � --�- - � • CITY OF HOPHINS MW III UPGRADE PROGRAM PROGRESS REPORT NAME: DIVISION: MW III WAGE REQUIREMENTS COMPLETED, DATE: (Attach course completion and other explanation or documentation) UPGRADE PROGRAM REQUIRED F1NAL COMPLETION DATE: (Should be six (6) years from MWIII wage date shown above) . CHANGES TO CAREER DEVELOPMENT PROGRAM: EXPECTBD PROGRAM SCHEDULE/ COMPLETION: OTHER CAREER DEVELOPMENT PROGVRAM REQUIREMENTS: Employee Signature Date ' Supervisor Signature Date • 2008-2010 Loca149 Contract 34 I APPENDIX B � MEMORANDUM OF UNDERSTANDING Commercial Driver's License The purpose of this Memorandum of Understanding is to assist both Labor and Management in dealing with Commercial Drivers License (CDL) rules and the pending changes to those rules. The following conditions will apply to no more than one (1) Public Works employee in the Local 49 Bargaining Unit at any given time. A. If an employee temporarily loses his/her driver's license and CDL , the employer will accommodate the employee by assigning him/her to duties that do not require a driver's license/CDL, not to exceed twelve (12) months during the employee's tenure with the City, and not to exceed two (2) revocations as a result of driving violations. B. If the temporary loss of a c�river's license is the result of an alcohol-related offense, the � employee will be required to comply with the recommendations of a Substance Abuse Professional. Proof of compliance with the Substance Abuse Professional recommendations will be provided to the Employer. C. The application of this agreement will begin for an individual as of the date of his/her license revocation regardless of subsequent procedures contesting the revocation. � D. This Memorandum of Understanding applies to driving violations outside the workplace. E. This Memorandum of Understanding does not include positive test results from the Department of Transportation's required random testing. F. A seventeen percent (17%) decrease in pay will begin as of the revocation date. Any hourly wages not paid to an employee during the revocation of the employee's driver's license/CDL will not be reimbursed regardless of the outcome of any subsequent contesting of the. revocation. G. The employee must be able to obtain a state of Minnesota driver's license within 60 days. This Memorandum will remain in effect from January 1, 2006 through December 31, 2007. As of January 1, 2008, this Memo may be extended, modified, or eliminated at either parties' request. For the City of Hopkins; For IUOE, Loca149; Jim Genellie, Asst. City Manager Todd Doncavage, ABR � Dated Dated �:,�; ; � 2008-2010 Loca149 Contract 35 -- - - - - i . ::-,: i . .. :- - -- - I f - _ � - • APPENDIX C MEMORANDUM OF UNDERSTANDING Post Employment Health Plan Effective January 1, 2008 all bargaining unit members will participate in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP) pursuant to Minnesota Statute 352.98, which shall be administered as provided by law. The plan will be funded by severance pay and/or accumulated flex leave as follows: Total Severance Hours Partici ation Level 951 hours or more 100% TO PEHP 926 — 950 34% Cash, 66% to PEHP 901 - 925 66% Cash, 34% to PEHP 876 - 900 100% CASH 851 - 875 100% TO PEHP 826 - 850 34% Cash, 66% to PEHP 801 - 825 66% Cash, 34% to PEHP 776 - 800 100% CASH 751 - 775 100% TO PEHP 726 - 750 34% Cash, 66% to PEHP 701 - 725 66% Cash, 34% to PEHP 676 - 700 100% CASH 651 - 675 100% TO PEHP 626 - 650 34% Cash, 66% to PEHP • 601 - 625 66% Cash, 34% to PEHP 576 - 600 100% CASH 551 - 575 100% TO PEHP 526 - 550 34% Cash, 66% to PEHP 501 - 525 66% Cash, 34% to PEHP 476 - 500 100% CASH 451 - 475 100% TO PEHP 426 - 450 34% Cash, 66% to PEHP 401 - 425 66% Cash, 34% to PEHP 376 - 400 100% CASH 351 - 375 100% TO PEHP 326 - 350 34% Cash, 66% to PEHP 301 - 325 66% Cash, 34% to PEHP , 276 - 300 100% CASH 251 - 275 100% TO PEHP 226 - 250 34% Cash, 66% to PEHP 201 - 225 66% Cash, 34% to PEHP 176 - 200 100% CASH 151 - 175 100% TO PEHP 126 - 150 20% CASH; 80% PEHP 101 - 125 66% Cash, 34°/a to PEHP 100 and Under 100% CASH For the City of Hopkins; For IUOE, Loca149; Jim Genellie, Asst. City Manager Todd Doncayage, ABR • Dated Dated 2008-2010 Loca149 Contract 36 -- -- -