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HomeMy WebLinkAbout02-20-73 1157 Hastings, Minnesota February 20, 1973 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, February 20, 1973 at 8:00 o'clock P.M. in the Council Chambers of City Hall. Members present: Councilmen Collins, Schnirring, Kramer, Hallberg, O'Connor, Wilson, Driscoll, Novak, and Mayor Petersen. r Members absent: None. Minutes of the last meeting were read and approved. Councilman Novak introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS FOR FIRE DEPARTMENT EMPLOYEES IN THE CITY OF. HASTINGS FOR 1973 r WHEREAS, THE City Council feels that it is for the best interest of the City of Hastings, the Fire Department employees, and for their designated bargaining representatives, MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320, for the purpose of establishing conditions of employment of the employees of the Fire Department and to insure a friendly spirit of cooperation between the City, its employees, and their designated bargaining representatives, and to avoid disruption in the service and operation of said Fire Department, and to secure the benefits intended to be derived by the City, its employees, and their designated bargaining representatives, to adopt the hereinafter set out rules and regulations covering the employment and working conditions of the employees of the Fire Department. NOW THEREFORE, BE IT RESOLVED by the City Council that the following rules and regulations covering the employment of the employees of the Fire Department be adopted and placed in effect as follows, to wit; ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 8, 1973 between City of Hastings, hereinafter called the EMPLOYER, and the MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 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 shall continue their dedication to the highest quality fire service and protection to the residents of the City of Hastings. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION r . i I 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all fire personnel in the following job classifications: Firemen: 1st six months After six months After one year After two years 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. 1158 ARTICLE III DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. . 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.3 EMPLOYEE: A member of the City of Hastings Fire Department. 3.4 DEPARTMENT: The City of Hastings Fire Department. 3.5 EMPLOYER: The City of Hastings. 3.6 CHIEF: The Chief of the City of Hastings Fire Department. 3.7 UNION OFFICER: Officer elected by the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. o ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any term and condition of employment not specifically modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deducgion in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION ~y designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing 0 of such choice and changes in a steward and/or alternate. 6.3 the EMPLOYER shall make space available on the employee b~lletin . board for posting UNION notice (s) and. announcement (s). 6.4 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 VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific' terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of 'such UNION REPRESENTATIVES and of their successors when so designated. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafterhProvided is limditedll D. by the job duties and responsibilities of t e EMPLOYEES an sha therefore be accomplished during n~rmal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay waen a grievance .is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION RE~RESENTATIVE 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. 1159 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calender 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) calender days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be r-'. 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, 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 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION ~lithin ten (10) calendar days shall be considered waived. -- I ' 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 representatives'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 to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. r- 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following 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. 1160 7 . 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 written agree- ment of the EMPLOYER and the UNION in each step. ARTICLE VIII SAVINGS CLAUSE o This AGREEMENT is subject to the laws of the Uniteds;tates, the State of Minnesota and the Hastings Fire Department. 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be'recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. rl tJ 9.4 Vacation periods shall be selected on the basis of seniority until March 15 of each year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. o 10.4 Employees ~y examine their own individual personnel ~ile$ at reasonable times under the direct supervision ot the EMrLOYER. 10.5 Discharges will be preceeded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning' an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 1161 10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 at the grievance procedure under Article VII. 10.8 Appropriate Remedy Clause. ,..--. I ' ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII VACATION SCHEDULE Years of Service Days Vacation ,..-- 1 2 to 5 6 7 8 9 10 11 12 13 14 15 5 10 11 12 13 14 15 16 17 18 19 20 ( I \ All vacations pay shall be accrued, and in the event an employee's employment is terminated for any reason, the employee shall receive, upon his termination, the vacation pay which he has coming to him at that time on a pro-rata basis. No more than four consecutive weeks vacation can be taken at one time. In computing vacation pay, length of service shall be based upon the anniver- sary date of the day an employee commences employment. All employees are to be paid their vacation pay prior to their leaving for their vacation. ARTICLE XUI SICK LEAVE & OTHER LEAVE OF ABSENCE -\ -, ,..----. Sick Leave: All employees of the City shall be entitled to accumulate one day of sick leave for each month of employment and allowed accumulation of sick leave up to one hundred twenty (120) days. Employees shall bank an addi- tional one-half (~) day per month after the accumulation of the 120 days to be used only in cases of very prolonged illnesses. Sick leave will be granted for actual sickness, temporary physical disability and quarantine. The City may require a doctor's certificate on sick leave claims of three days or more. Personal Leave: All employees of the City shall be entitled to three (3) days personal leave per year which shall not accumulate. Personal leave for purpose of this paragraph includes and is limited to: Death in the immediate family, death of spouse, parent, brother, sister, child, grandparent, and spouse's parent, brother, sister, child or grandparent; and critical illness of immediate family. 1162 ARTICLE XIV SEVERANCE PAY If an employee retires at age 65, or as other wise provided by law, or is forced to retire due to physical condition not allowing him to continue gainful employ- ment, or voluntarily terminates employment with the City after due notice, with the consent of the City, but not if discharged or resigns by the request of the City, all and in each case after ten (10) years of service, they will receive thirty-five percent (35%) of unused sick leave, based on their current hourly rate, as severance pay. The one-half day per month accumulated after the 120 days, will not be considered for severance pay purposes. ARTICLE XV o HOURS OF EMPLOYMENT The regular work day shall consist of 24 hours per day. The regular work week shall consist of an average of fifty-seven (57) hours in one (1) week. An employee called back to work after he has completed his regular work day or called out on his day off shall receive $4.50 per hour, except for Fire Drills & call-back for fires. ARTICLE XVI WAGES Fireman: 1st six months After six months After one y~ar After two years $757.00 $786.00 $814.00 $847.00 Call back for fires will be paid at $5.00 per hour; fire drills will be paid at $4.00 per drill. Volunteers receive the same pay. ARTICLE XVII HOLIDAYS All employees shall be paid for seven (7) holidays, based on eleven (11) hours 01 per day, in cash, on December 15th of the year, regardless of number of holidays actually worked. Holiday pay will be based on their individual hourly rate. ARTICLE XVIII EDUCATIONAL INSTRUGtTe&AL TIME A minumum of four (4) b.ours.and not to exceed .eight (8) hours Per day on regular days off be 81='al;),te(i at the regular call back rate per hour for educational instructional time. No extra time for Red Cross training. ARTICLE XIX LEAVE OF ABSENCE Employees subpoenaed as witnesses or called and selected for jury duty shall receive their regular compensation and other benefits for their employment less the amount received by them as jurors or witness fees. The City agrees to grant the necessary time off without .pay to any employee designated to attend a labor convention or to serve in any capacity on other official union business. ARTICLE XX INSURANCE.BEN:EFITS All regular employees will continue to be covered under the hospital-medical 0 s.urgical insurance. plan adopted by the City. Full cost of employee coverage . I to be paid by the City. Cost of dependent coverage to be paid by the employee. All regular employees will also receive a $5,000 Life Insurance Policy with the fulL C0St of the premiums to be paid by the City. Also, the City will pro- vide' a long-term disability insurance policy with. no. cost to the employee, as fo:llows: Eligibility:, Each active, full-time employee who works a minimum of 30 hours per week, except temporary employees. .. ~ 1163 Qualifying Period: Benefits accrue with respect to anyone period of disability after the expiration of a qualifying period of three(3) consecutive months. Benefit Period: Monthly benefits are payable during the contin- uance of total disability as follows, but in nO event are benefits payable beyond the attain- ment of age 65. l (a) Total disability due to sickness to age 65. (b) Total disability due to accident to age 65. ARTICLE XXI LEGAL PROTECTION All employees shall be given legal protection as provided for under Minnesota Statutes. ARTICLE XXII EFFECTIVE DATE & DURATION This resolution shall be considered to have b as of January 1, 1973, and shall remain in eff day of December, 1973. full force and effective til the thirty-first ATTEST: L,).I ~~~..~ . tity Clerk Adopted by the City Council this 20th. day of ---- r-I ) I I Councilman Schnirring seconded the notion to adopt said resolution and the same was passed by .the following vote: Ayes, all; Nays, none. Councilman Driscoll introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS FOR POLICE DEPARTMENT EMPLOYEES IN THE CITY OF HASTINGS FOR 1973 WHEREAS, THE City Council feels that it is for the best interest of the City of Hastings, the Police Department employees, and for their designated bargaining representatives, MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320, for the purpose of establishing conditions of employment of the employees of the Police Department and to insure a friendly spirit of cooperation between the City, its employees, andtheir designated bargaining representatives, and to avoid disruption in the service and opera- tion of said Police Department, and to secure the benefits intended to be derived by the City, its employees, and their designated bargaining represen- tatives, to adopt the hereinafter set out rules and regulations covering the employment and working conditions of the employees of the Police Department. r: NOW, THEREFORE, BE IT RESOLVED by the City Council that the following rules and regulations covering the employment of the employees of the Police Department be adopted and placed in effect as follows, to wit; ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 8, 1973 between The City of Hastings, hereinafter called the EMPLOYER, and the MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relation- ships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties~ agreement upon terms and conditions of employment for the duration of this AGREEMENT. 1164 The EMPLOYER and the UNION through this AGREEMENT shall continue their dedication to the highest quality police service and protection to the residents of the City of Hastings. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: 'Pa trolmen : After 3 years After 2 years After 1 year 2nd. 6 months Starting wage. Police Clerk o 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: The, Minnesota Teamsters Public and Law Enforcement Employees' Union Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union'"d~nGa1, No. . 32DA \_~, : 3.3 EMPLOYEE: A member of the City of Hastings Police Department. 3.4 DEPARTMENT: The City of Hastings Police Department. o 3.5 EMPLOYER: The City of Hastings. 3.6 CHIEF: The Chief of the City of Hastings Police Department. 3.7 UNION OFFICER: Officer elected by the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. ARTICLE IV EMPLOYER SECURITY The UNION agrees t~at during the life of this AGREEMENT it will not Cause,i encourage, participate in or support any strike, slow-down or other interruption of or interference with th~ normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the,sole right to, operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any term and condition of employment not specifically modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI UNION SECURITY o 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNIO~ dues. Such monies shall be remitted as directed by the UNION. 1165 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in a steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement (s). l 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgements 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 VII EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES. The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 7.3 PROCESS!NGOF A_~RIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited r--, by the job duties and responsibilities of the EMPLOYEES and : shall therefore be accomp~ished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities.' The aggrieved EMPLOYEE AND A 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 that 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. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in con- formance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpre- tation 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. llie 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 r--I of the AGREEMENT allegedly violated, 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-d~signated Step 2 representative. The EMPLOYER-designated representative shall give the UNION ~he-'EMPLOYER' S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall beconsidered waived. 1166 Step 3. If appealed, the writt~n 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- desig- nated representa~ive'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.' D. . Step 4. A grievance unresolved in Step 3 and appea~ed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Relations Board. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be sub- mitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, which- ever be later, unless the paitie~"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 bf the express terms of this AGREEMENT and to the facts of t~e grievance presented. 0 C. The fees and expenses for the arbitrator1s services and pro- I! ceedings 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::i may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. . 7.6 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 written agreement of the EMPLOYER and the UNION in each step. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of'the United States, the State of Minnesota and the City of Hastings. 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 judgement or decree no appeal has been taken wH::hin the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renego- tiated at the written request of either party. o ARTICLE IX 1167 SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an'appropriate location. Seniority rosters may me maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 a reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of senior- ity. An employee on layoff shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. 9.4 Vacation periods shall be selected on the basis of seniority until May 15th - Summer; September 1st, - Fall. ,..-. ARTICLE X 10.1 10.2 10.3 ,..-. 10.4 10.5 10.6 10.7 10.8 DISCIPLINE The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of" a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or ,e) discharg~. Suspe~sions, demotions and discharges w~ll be in written form. Written reprimands, notices of suspension, and notices of dis- charge to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. Discharges will be preceeded by a five )5) day suspension with- out pay. Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such question- ing. Grievances relating to this Article shall be initiated by the UNION in Step 3 at the grievance procedure under Artice VII. Appropriate Remedy Clause ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and one-half (l~) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will for record purposes be con- sidered as overtime worked. 12.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. ,..--. ! ARTICLE XIII COURT TIME An employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (l~) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. 1168 ARTICLE XIV DURATION This Agreement shall be effective a~of the 1st of January, 1973, and shall remain in full force and eff~ct until the thirty-first day of-December, 1973. ,.1 . f.~ ~ _,Jf' r-f (,." . ,-...., --\:, .. + ..~ -, ARTICLE XV VACATION SCHEDULE Years of Service Days Vacation 1 5 2 to 5 10 6 11 7 12 8 13 9 14 10 15 11 16 12 17 13 18 14 19 15 20 All vacations pay shall be accrued, and in the event an employee's employment is terminated for any reason, the employee shall receive, upon his termination, the vacation pay which he has coming to him at that time on a pro-rata basis. No more than four consecutive weeks vacation can be taken at one time. In computing vacation pay, length of service shall be based upon the anniversary date of the day an employee commences employment. All employees are to be paid their vacation pay prior to their leaving for their vacation. o ARTICLE XVI SICK LEAVE & OTHER LEAVE OF ABSENCE Sick Leave: All employees of the City shall be entitled to accumulate 0 one day of sick leave for each month of employment and allowed accumu- lation of sick leave up to one hundred twenty (120) days. Employees shall bank an additional one-half (~) day per month after the accumu- lation of the 120 days to be used only in cases of very prolonged ill- nesses. Sick leave will be granted for actual sickness, temporary physical disability and quarantine. The City may require a doctor's certificate on sick leave claims of three days or more. Personal Leave: All employees of the City shall be entitled to three (3) days personal leave per year which shall not accumulate. Personal leave for purpose of this paragraph includes and is limited to: Death in ~he immediate family, death of spouse; parent, brother, sister, child, grandparent, and spouse's parent, brother, sister, child or grandparent; and critical illness of immediate family. ARrICLE XVII SEVERANCE PAY If an employee retures at age 65, or as otherwise provided by law, or is forced to retire due to physical condition not allowing him to continue gainful employment, or voluntarily terminates employment with the City after due notice, with the consent of the City, but not if discharged or resigns by the request of the City, all and in each case after ten (10) years of service, they will receive 35% thirty-five percent of unused sick leave,: based on ~heir ~urrent hourly rate, as severance pay. The one-half day per month accumulated after the 120 days, will not be con- sidered for severance pay purposes. ARTICLE XVIII HOURS OF EMPLOYMENT o The police officers hours of employment is based upon 2080 hours per year, with an average of a forty hour work week for 52 weeks. All time worked over the shift within a twenty-four hour period is to be paid at a rate of one and one-half times the employee's regular rate of pay, exclusive of change in shifts within the twenty-four hour period. r fl!' .....-._ 1169 l The overtime rate will also apply for any "off duty" court appearance or if required to consult with the. C~ty Attorney on police matters, filling in shifts fory.?cations, sick feaye replacements, emergency call backs as deter- r mined by the chief, with a two hour minimum. All time worked over two hours is subject to the overtime rate. The two hour minimum will not apply when instituted just prior to the officer's regular shift, or an extension of such shift. Straight time rate will apply for all other off duty overtime such as first aid training courses, departmental meetings, fire arms training and authorized police training courses, with a minimum of two hours. Authorized time worked over two hours is to be compensated for at the straight time rate. ARTICLE XIX WAGES ele.88H~iel!tion Monthly Wage (Effective 1/1/73) Patrolmen: After 3 years After 2 years After 1 year 2nd 6 months Starting Wage Police Clerk $944.00 $927.25 $910.75 $872.50 $844.85 $598.00 ARTICLE XX HOLIDAYS All Police Department employees whose work week is other than regularly scheduled Monday thru Friday, shall receive a credit for nine (9) holidays that shall be taken as additional vacation days. These days must be taken during the year in which they are earned. ARTICLE XXI UNIFORM ALLOWANCE r , Uniform allowance for a new employee will be set at $100 for leather goods and weapons and $250 for clothing allowance for the first year. Equipment shall remain the property of the City until after the six month probationary period. Clothing allowance after the first year will be $162.50 per year. ARTICLE XXII LEAVE OF ABSENCE Employees subpoenaed as witnesses or called and selected for jury duty shall receive their regular compensation and other benefits for their e~ployment less the amount received by them as jurors or witness fees. The City agrees to grant the necessary time off without pay to any employee designated to attend a labor convention or to serve in any capacity on other official union business. ARTICLE XXIII INSURANCE BENEFITS All regular employees will continue to be covered under the hospital-medical surgical insurance plan adopted by the City. Full cost of employee coverage to be paid by the City. Cost of dependent coverage to be paid by the employee. All regular employees will also receive a $5,000 Life Insurance policy with the full cost of the premiums to be paid by the City. Also, the City will provide a long-term disability insurance policy with no cost to the employee, as follows: r ! Eligibility: Each active ,f411-time employee who works a mintmum of JOhours per week, except temporary employees. Qualifying Period: Benefits accrue .with respect to any one period of total disability after the expiration of a qualifying period of three (3) consecutive months. Benefit Period: Monthly benefits are payable during the continuance of total disability as follows, but in no event are benefits payable beyond the attainment of age 65. (a) Total disability due to sickness to age 65. (b) Total disability due to accident to age 65. Monthly Schedule Amount: Sixty per cent (60%) of normal monthly earnings to a maximum benefit of $1,200. ... 1170 ATTEST:_W.~ ~~ t 'erk Adopted by the City Council this. 20th. Councilman Novak seconded the motion to adopt said resolution and the same w~s passed by the following vote: Ayes, all; Nays, none. o MOVed by Councilman Novak, seconded by Councilman Collins to pass the third reading of the amendment to the taxi-cab ordinance, to increase cab rates. After discussion, Councilman Novak and Councilman Collins withdrew their motion and second on the third reading. Mr. Davis of the Hastings Cab requested an am!mdment of the Taxi- cab Ordinance to set the rates as follows: Flat rate Zones Deliveries Extra person 75f 15f for each zone crossed. 1.25 .15f Moved by Councilman Driscoll, seconded by Councilman Wilson to pass the first reading of the amendment to the taxi-cab ordinance, by substituting the rate structure as set. forth immediately above. Ayes, all; Nays, none. Moved by Councilman O'Connor, seconded by Councilman Driscoll that the license committee study the Cab Company financial picture. Moved by Councilman Kramer, seconded by Councilman Novak to amend the motion to require the report of the license committee before the March 5, 1973 meeting. Ayes, all; Nays, none. o The main motion, as amended passed as follows: Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Coul}cilman Schnirring to approve the following partial payments to George Olson Construction Company for work performed on the Public Safety and Public Works Duild- ings. Ayes, all; Nays, none. Public Works Bldg. Public Safety B1di. $6,960.60 $7,523.10 Moved by Councilman Hallberg, seconded by Councilman Wilson to remove from the table the appointment of a ~e~ber to the City of Hastings Planning Commission. Ayes, all; Nays, none. Moved by Councilman Hallberg, seconded by Councilman Schnirring to appoint Charles Keller to the City of Hastings Planning Commission. .Nays" Councilmen Collins, Kramer, Driscoll, and Novak; ;Ayes ,Councilmen Schnirring, Hallberg, O'Connor, and Wilson. Being a tie vote, Mayor Petersen voted in the 'negative'. Motion defeated. Moved by Councilman Wilson, seconded by Councilman Novak that the Mayor and City Clerk, on behalf of the City Council and the Chairman and Secretary of the Planning Commission, on behalf of the Planning Commission are hereby authorized and instructed to sign Registered Land Surveys of lands in the Hastings Industrial Park No.1. Ayes, all; Nays, none. o Moved by Councilman Hallberg, seconded by Councilman Wilson to approve the expenses for Wallace Erickson and Joanne Cobian to attend the University of Minnesota Clerks and Finance Officers School on March 7,8,. & 9,: 1973. Ayes, all; Nays, none. Moved by Councilman O'Connor, seconded by Councilman Hallberg to approve the payment of the following liability claims against the City of Hastings. Ayes, all; Nays, none. 1171 Ralph Wochnick Cliff Nordstrom $24.16 $105.64 Moved by Councilman Driscoll, seconded by Councilman Novak to approve the Home Occupation Permit for the Beauty Nook at 1523 Tyler Street owned by Mrs. Jerome Hageman. Ayes, Councilmen Collins, Schnirring, Hallberg, O'Connor, Wilson, Driscoll, and Novak. Nays, Councilman Kramer. Motion passed. I Moved by Councilman Kramer, seconded by Councilman Hallberg that a Public Hearing be held on Monday, March 19th, 1973 at 8:00 o'clock P.M. in the Council Chambers of the City Hall regarding the following applica- tion for a Special Use Permit, and that the following notice be published, mailed and posted as required by Ordinance: Ayes, all; Nays, none. NOTICE OF PUBLIC HEARING ON APPLICATION FOR SPECIAL USE PERMIT Application has been made to the Hastings City Council,' sitting as a Board of Adjustment, to grant a Special Use Bermit to allow con- struction of an apartment in the basement of the residence at 543 McNam- ara Ave., Lot 9, Block 1, Le Duc's 6th Addition to the City of Hastings allowing a two family dwelling in an R-2 Zone in accordance with Se~tion 9.4.2. 4. of the City Zoning Ordinance dated December 7th, 1970. A Public Hearing on the application for a Special Use Permit will be held by the City Council sitting as a Board of Adjustment at a regular meeting of the City Council scheduled for March 19, 1973 at 8:00 P.M. in the Council Chambers of the City r- I : . BY ORD~R OF THE CITY COUNCIL ATTEST: J.Jf~~ Clt r this 1973. Any person may be present at this - ,/" Mpved by Councilman Novak, seconded by Councilman Driscoll to sub- mit the names of Mrs. John Wol1mering, Douglas Differt, and Donald Anderson to the Chief District Judge for approval and selection of two future mem- bergs of the Hastings Charter Commission. Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Councilman Novak that the City Clerk be authorized and directed to advertise for bids for a 1/2 Ton Pickup Truck with body and power tail gate for the Water Department, bids to be opened at 8:00 o'clock P.M. on Monday, April 2, 1973 in the Council Chambers of the City Hall. Ayes, all; Nays, none. The Mayor read the following letter from the Civil Service Commission: February 9, 1973 Honorable Mayor Petersen City Council Members Hastings, Minnesota Gentlemen: I The Police Civil Service Commission of the City of Hastings recommends that James A. Putz be appointed as Patrolman for the Hastings Police Department effective February 16, 1973. Sincerely yours, Ted Riches, Chairman Hastings Police Civil Service Commission Moved by Councilman Driscoll, seconded by Councilman Novak to approve the appointment of James A. Putz as Patrolman for the Hastings Police Department effective February 16, 1973, with a starting wage of $844.86 per month. Ayes, all; Nays, none. 1172 Councilman Novak introduced the following resolution and moved its adoption: RESOLUTION FOR HEARING ON SUPPLEMENTAL ASSESSMENTS WHEREAS, by'resolution passed by the City Council on February 20, 1973, the City Clerk and City Engineer were directed to prepare a proposed assessment of the cost of the following improvements: PROPOSAL I STREET SURFACING, CONCRETE CURB AND GUTTER o Hillside Street from 15th Street to 14th Street, 14th Street from Westview Drive to Hillside Street, all within Dakota Hills Second Addition - Concrete Curb and Gutter and Bituminous Surfacing. Westview Drive from 20th Street to Southview Drive, Southview Drive within Country Estates Addition _ Concrete Curb and Gutter, Bituminous Surfacing and Necessary Storm Drainage Structures. Brittany Road within Sontag's, First Addition - Con- crete Curb and Gutter and Bituminous Surfacing. Bahls Drive from Park Lane to School Property - Con- crete Curb and Cutter and Bituminous Surfacing. Lyn Way from T.H. 55 to South Line of Lot 4, Valley Manor Addition - Concrete Curb and Gutter and Bitum- inous Surfacing. Alley between 8th andi'9th Streets from T .H. 61 to Eddy Street - Bituminous Surfacing. o AND WHEREAS, the Clerk has notified the Council that such pro- posed assessments have been completed and filed in his office for public inspection and the proposed amount to be assessed is $138,721.16. NOW THEREFORE BE IT RESOLVED by the City Council of Hastings, Minnesota: . 1. A hearing shall be held on the 19th day of March, 1973 at 8:00 o'clock P.M. in the Council Chambers of' the City Hall to pass upon such proposed supplemental assessment~~and at such time and place all persons owning property affected by suchJimprovements will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk is hereby dire the hearing on the proposed suppleme tal as in the official newspaper and he shal stat cost of the improvement. /J J! ~'P'- ~ity ler cause a notice of essments to be published the notice the total Adopted by the City Council of Bebruary, 1973. ATTEST: Councilman Driscoll seconded the motion to adopt said resolution and the same was passed by the following vote: Aye~, all; Nays, none. o Moved by Councilman Novak, seconded by Councilman Kramer that the bills as audited be approved and the City Clerk be instructed to issue warrants for the same. Ayes, all; Nays, none. 1173 CtA IMS ~ebruary 20, 1973 r NAMES NO Treasurer of Dakota County 5 Wallace H, Erickson 6455 Don Louden 6456 John Davidson 6457 Calder Corporation 6458 Walter Petersen 6459 John Davidson 6460 Ralph Wachnick 6461 Bahls Motor & Imp, 6462 1st National Bank 6463 Municipal Finance Officers Assoc,6464 Coast to Coast Stores 6465 Xerox Corp, 6466 Millerbernd Mfg, Co, 6467 Hastings Armory Board 6468 Sy's Sharpening Service 6469 A,N, Frey Fire Extinguishers 6470 Satellite Industries Inc, 6471 Eddys IDL Pharmacy 6472 Harold Hoppe 6473 Conrad Industries 6474 Weber & Troseth 6475 Credit Bureau of Hastings 6476 Herman J, Just, M,D, 6477 Gil Hebard Guns 6478 Pioneer-United Telephone Co" 6479 Erickson Oil Products 6480 Ron Hillmer 6481 Midtown Shoes 6482 Uniforms Unlimited Inc, 6483 Dak, Cty, Cheifs of Police Assoc,6484 Int, Assoc, of Chiefs of Police 6485 A.N. Frey 6486 Freed Chev, -Cadillac Inc, 6487 Donnor Communications Inc, 6488 Miss, Welders Supply Inc, 6489 Blue Print SerYice Co, 6490 Ben Franklin 6491 Color Lab Of Hastings 6492 Credit Bureau of Hastings 6493 Cleveland Cotton Products 6494 Hastings Auto, Machine Shop 6495 Rup Interstate Utility Products 6496 American Linen Supply Co, 6497 Hastings Hardware 6498 Bahls Motor & Imp, 6499 Behrens Auto Supply Co, 6500 Graphic Design Inc, 6501 Fair Book & Office Supply 6502 Webber Ford-Mercury Inc, 6503 Olsens Greenhouse 6504 Roge~ 1, Tonsager 6505 Hastings Lumber Mart 6506 Jacobsen's Hardware 6507 Hall Equipment Inc, 6508 Schneider Motor & Imp, Co, 6509 Zephyr Cleaners 6510 Lyon Chemicals, Inc, 6511 C1emprint, Inc, 6512 Doerer's Genuine Parts 6513 Local Oil Co, 6514 Local Oil Co, 6515 1oltz, King, Duvall Anderson & Assoc, Inc, Joyce Hoffman Connie Jancoski Elizabeth Tingquist Mark Boxrud Peter McCann John Yanz Henry Emholtz r I r 6516 6517 6518 6519 6520 6521 6522 6523 DISPOSTION Registration of Title Expenses Supplies Expenses January Expenses ~ayor's Expenses Expenses Damage Claim " " aUNT 400.00 71.37 11.88 14.40 285,80 82.40 4.35 24,16 105. 64 5, 50 40.00 3,89 154,90 140,30 40,00 5,25 8,50 114. 00 20,92 6,55 100,00 159 , 31 5,50 15,00 194,67 24,00 .78 4,00 4.50 219.42 10,00 24,00 26,50 61. 77 152,,50 8,52 4,75 1. 20 3,34 25.73 62,50 8,60 393.35 34,07 147.93 907.27 90,48 355,85 189.16 28.91 7,50 28.91 le~r'O 83,13 450.60 10.02 2.45 441.89 86,84 63,73 1 68 , 87 527,44 3.326,20 146,28 20,63 201. 82 14.00 16,41 86.50 302,86 Rental Membership Supplies Office Supplies Lighting fixtures Rent Repairs Supplies Rental Supplies " Clothing Allowance " " Services Physical Supplies " " Clothing Allowance " " " " Dues Membership Supplies Repairs " Chemicals Supplies " " Services Supplies " Water Meters Supplies " Repairs " Supplies Office Supplies Repairs Supplies Repairs B1dg, Materials Supplies & Repairs Repairs " Supplies Chemical s Education Material Repairs Heating & Motor Fuel Motor Fuel Engineering Consultants City Clerk Clerical " " " " " " City Hall Cleaning II II " Dog Catchers Fees Landfill Labor 1174 NAME Martin Conzemius Francis Dummer C.N. Johnson Clifford N0rdstr~m Joseph Chy1ik Leander Felling Harold Knoll Alfred Lundberg Miles Christiansen Dave Burr Richard Ginther Peter Karpen Jerry Larsen John Lightbourn Alfred A1tendorfer Gordon Anderson Paul Foyte Lloyd Gath J. Tomas Grieb1ing Donald Henriksen Ronald Hillmer Samuel A. Sorenson Richard Tate Einer Theodorson Nicholas Wasy1ik Charlotte Stoudt Arthur Zgoda Dorothy Fritze Ar1eda Reichert Arnold Endres Richard Doffing Patrick Orman Northwestern Nattl "Bank Northwestern Nat'l Bank Noritaeri1ftatej;Pewe r Walter Petersen NO. 6524 6525 6526 6527 6528 6529 6530 6531 6532 6533 6534 6535 6536 6537 6538 6539 6540 6541 6542 6543 6544 6545 6546 6547 6548 6549 6550 6551 6552 6553 6554 6555 6556 6557 6558 6559 D'rsmsTION Landfill Attendent " " " " " " Parks Overtime " " " " " " Parks Labor Skating Rink Attendent " " " " " " " " " Pee Wee Hockey Coach.. Police Overtime " " " " " " " " " " " " " " " I" " " " " Police Clerical Street Overtime Engineering Clerical " " Water Overtime " " " " Investments Federal Withholding Jan. Billing Expenses Moved by Councilman Schnirring, s that the meeting be adjourned. Ayes, al AITEST:~L~ ty er Wil son AMOUNT 48.20 19.28 44.98 40.48 60.79 34.70 27.13 27.61 117.92 47.50 45.50 56.80 15.90 200.00 76.25 108.75 21.38 16.04 28.99 47.99 18.85 37.14 102.72 86.09 30.94 11 0:95 34.79 144.22 76.29 15.73 44.99 46.23 55,000.00 2,613.20 3,209.13 15. 00 o o o