4.5. SR 03-05-2018
LABOR AGREEMENT
BETWEEN THE
CITY OF ELK RIVER
-AND-
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL No. 49
AFL-CIO
January 1, 2018 through December 31, 2018
INDEX
Article Page
Article 1 Purpose of Agreement ...................................................... 1
Article 2 Recognition…………………………………. ................... 1
Article 3 Definitions........................................................................ 2
Article 4 Employer Security ............................................................ 2
Article 5 Employer Authority .......................................................... 2
Article 6 Union Security ................................................................. 3
Article 7 Employee Rights – Grievance Procedure ......................... 4
Article 8 Savings Clause ................................................................. 6
Article 9 Seniority ........................................................................... 6
Article 10 Layoff and Recall ............................................................. 7
Article 11 Discipline ......................................................................... 8
Article 12 Work Schedules................................................................ 9
Article 13 Overtime .......................................................................... 10
Article 14 Call Back.......................................................................... 11
Article 15 Legal Defense................................................................... 11
Article 16 Probationary Periods ........................................................ 22
Article 17 Employee Development/Tuition Reimbursement .............. 12
Article 18 Job Posting ....................................................................... 13
Article 19 Health and Life Insurance ................................................. 13
Article 20 Uniforms/Safety Clothing Allowance .............................. 13
Article 21 Sick Leave ....................................................................... 14
Article 22 Severance ......................................................................... 15
Article 23 Bereavement..................................................................... 15
Article 24 Vacation ........................................................................... 15
Article 25 Compensatory Time Provisions ........................................ 16
Article 26 Holidays ........................................................................... 16
Article 27 Mileage Allowance ........................................................... 17
Article 28 Leaves of Absence ............................................................ 17
Article 29 On Call ............................................................................. 17
Article 30 Central Pension Fund........................................................ 17
Article 31 Waiver.............................................................................. 18
Article 32 Safety ............................................................................... 19
Article 33 Duration ........................................................................... 20
Signatures ......................................................................... 20
Appendix A- Wages .............................................................................. 21
LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL No. 49, AFL-CIO
ARTICLE 1 – PURPOSE OF AGREEMENT
This agreement is entered into between the City of Elk River, hereinafter called the
employer, and Local No. 49, International Union of Operating Engineers, hereinafter
called the union. The intent and purpose of this agreement is to:
1.1 Establish certain hours, wages, and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning the interpretation
and/or application of this agreement;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties’ agreement upon terms and conditions of
employment for the duration of this agreement.
The employer and the union, through this agreement, continue their dedication to the
highest quality of public service. Both parties recognize this agreement as a pledge of this
dedication.
ARTICLE 2 – RECOGNITION
The employer recognizes the union as the exclusive representative under Minnesota
Statutes, Section 179A.03, Subd. 8 in an appropriate bargaining unit consisting of the
following job classifications:
Building Maintenance Assistant
Building Maintenance Technician
Custodian
Division Lead
Street Maintenance Operator II
Maintenance Mechanic
Park Maintenance Worker
In the event that the employer and the union are unable to agree as to the inclusion or
exclusion of a new or modified job class the issue shall be submitted to the Bureau of
Mediation for determination.
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ARTICLE 3 – DEFINITIONS
UNION MEMBER: A member of the International Union of Operating Engineers,
Local No. 49.
EMPLOYEE: A member of the exclusively recognized bargaining unit.
STRIKE: Concerted action in failing to report for duty, the willful absence from one’s
position, the stoppage of work, slowdown, or abstinence in whole or in part from the full,
faithful and proper performance of the duties of employment for the purpose of inducing,
influencing, or coercing a change in the conditions or compensation or the rights,
privileges or obligations of employment.
BASE PAY RATE: The employee’s hourly pay rate exclusive of any special
allowances.
ARTICLE 4 – EMPLOYER SECURITY
4.1 The union, its officers or agents, and the Employees covered by this agreement,
agree 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.
4.2 In the event that any employee violates this article, the union shall immediately
notify any such employee in writing to cease and desist from such action and shall
instruct them to immediately return to their normal duties. Any or all employees
who violate any of the provisions of this article may be discharged or otherwise
disciplined.
4.3 The employer’s failure to exercise any right, prerogative, or function hereby
reserved to it, or the employer’s exercise of any such right, prerogative, or
function in a particular way, shall not be considered a waiver of the employer’s
right to exercise such right, prerogative, or function or preclude it from exercising
the same in some other way not in conflict with the express provisions of this
agreement.
ARTICLE 5 – EMPLOYER AUTHORITY
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.
5.1 Any term or 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.
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5.2 Nothing in the agreement shall prohibit or restrict the right of the employer from
subcontracting work performed by employees covered by this agreement.
ARTICLE 6 – UNION SECURITY
In recognition of the union as the exclusive representative, the following shall apply:
6.1 The employer shall deduct from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly union dues or a “fair
share” deduction as provided in Minnesota Statutes 179A.06, Subdivision 3, if the
employee elects not to become a member of the union. Such monies shall be
remitted directly to the union monthly.
6.2 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.
6.3 The union may designate three (3) employees within the bargaining unit as
stewards and shall notify the employer in writing of the employees so designated
and of any change in that position. Upon at least three days prior notification to
the employer the stewards shall be allowed time off duty with pay to attend
negotiation sessions mutually scheduled by the union and employer for the
renewal of this agreement. If a designated steward is unable to attend, the union
may, upon written notice to the employer, designate an alternate steward. If the
required notices are not provided, the steward shall not be paid.
6.4 One (1) designated steward shall be granted reasonable time off with pay in order
to investigate and/or present grievances to the employer during their normal
working hours. Such steward, however, shall not leave their work station without
first obtaining the permission of their immediate supervisor and shall notify their
immediate supervisor upon return to work. The steward investigating and/or
presenting the grievance may only be the steward from the division the steward
represents.
6.5 The employer agrees to make space available on the employer bulletin board for
the posting of official union notice(s) and announcements. The bulletin board
shall not be used for posting or distributing pamphlets of political or religious
matter of any kind or for advertising. Under no circumstances shall the use of the
bulletin board conflict with the operation of the employer.
6.6 The union shall request access to the premises of the employer at reasonable times
and subject to mutually agreed upon reasonable rules to investigate grievances
and for other reasonable purposes.
6.7 Failure of the union to execute an explicit right established under this agreement
does not waive such right.
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ARTICLE 7 – EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE
A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this agreement.
7.1 Union Representatives. The employer will recognize a representative designated
by the union as the grievance representative of the bargaining unit having the
duties and responsibilities established by this article. The union shall notify the
employer, in writing, of the name of such union representative and of their
successor when so designated as provided by Section 6.4 of this agreement.
7.2 Processing of Grievance. It is recognized and accepted by the union and the
employer that the processing of a grievance, 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 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 prior 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. Permission may be denied if it is determined by
the employer that current work needs do not permit interruption.
7.3 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 fifteen (15) calendar days after the first occurrence of
the event constituting such alleged violation has occurred, sign and present such
grievance in writing to the employee’s supervisor as designated by the employer.
The supervisor must receive the grievance. The supervisor will discuss the matter
with the grievant and union representative and provide an answer in writing to
such Step 1 grievance within fifteen (15) 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, the remedy requested,
and shall be appealed to Step 2 within fifteen (15) calendar days after the
supervisor’s final answer in Step 1. Any grievance not appealed in writing to Step
2 by the union within fifteen (15) calendar days shall be considered waived.
Step 2
If appealed to Step 2, the written grievance shall be presented by the union and
discussed with the employer-designated Step 2 representative. The employer-
designated representative must receive the grievance and shall respond to the
Union the in writing within fifteen (15) calendar days after receipt of such Step 2
grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within
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fifteen (15) 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 fifteen (15) 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 respond to the union in writing within fifteen (15) calendar
days after receipt of such Step 3 grievance. A grievance not resolved in Step 3
may be appealed to Step 4 within fifteen (15) 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 fifteen (15) calendar days shall
be considered waived.
Step 4
A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to the
Minnesota Bureau of Mediation Services for mediation or to arbitration within
fifteen (15) calendar days following the employer-designated representative’s
final Step 3 answer. If the grievance is submitted to mediation and is not resolved,
it may be appealed to arbitration within fifteen (15) calendar days following the
employer designated representative’s final Step 4 answer. If the parties are unable
to agree on the selection of an arbitrator, the union shall request a list of
arbitrators be submitted to the parties by the Bureau of Mediation Services.
7.4 Arbitrator’s Authority
a. The arbitrator shall have no right to amend, modify, nullify, ignore add
to, or subtract from the terms and conditions of this agreement. The
arbitrator shall consider and decide only the specific issue (s) submitted in
writing by the employer and the union, and shall have no authority to
make a decision on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of
laws, rules or regulations having the force and effect of law. The
arbitrator’s decision shall be submitted in writing within thirty (30) days
following the close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension. The
decision shall be binding on both the employer and the union and shall be
passed 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 each party
shall be responsible for compensating its own representatives and
witnesses. If either party desires a verbatim record of the proceedings, it
may cause such a record to be made, providing it pays for the record. If
both parties desire a verbatim record of the proceedings, the cost shall be
shared equally.
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7.5 Waiver
If a grievance does not comply with any of the procedural requirements set forth
above, it shall be considered "waived." If a grievance is not appealed in
conformance with any of the procedural requirements set forth above, it will 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 grievances 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 in each step. In
addition, the employer and union may mutually agree to extend the timelines and
mediate the grievance following the Step 3 final answer from the employer prior
to appealing the matter to Step 4.
7.6 Choice of Remedy. It is specifically understood that any matters governed by
statutory or regulatory provisions, except as expressly provided for in the
agreement, shall not be considered grievances under this agreement. In the event
that more than one procedure is available for resolution of a dispute arising from
any provisions covered by the agreement, the aggrieved employee shall be limited
to one procedure through which remedy may be sought. If the aggrieved
employee utilizes a procedure other than the grievance procedure herein, then the
employee is precluded from appealing under this procedure. If the employee
utilizes this procedure, then the employee is precluded from appealing under
another procedure. Employees may use both this grievance procedure and a
statutory procedure to the extent that it is required by state or federal law.
ARTICLE 8 – SAVINGS CLAUSE
This agreement is subject to the laws of the United States, the State of Minnesota, and the
City of Elk River. In the event any provision of the agreement shall be held to be contrary
to law by a court of competent jurisdiction or a state or federal administrative agency
ruling from whose final judgment or decree no appeal has been taken within the time
provided, or is in violations of legislative or administrative regulations, such provision
shall be voided. All other provisions of this agreement shall continue in full force and
effect.
ARTICLE 9 – SENIORITY
Seniority shall be determined by the regular, full-time employee’s length of continuous
employment with the employer.
9.1 Seniority will be the determining criterion for transfers, promotions, and lay-offs
when all other qualification factors are equal as determined by the employer.
9.2 The employer shall maintain a seniority list that shall be updated annually and
posted in the employee’s work area by February 1, with a copy furnished to the
business representative. The names of all regular full-time members of the
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bargaining unit who have completed their probationary period shall be listed on
the seniority roster in the order of their seniority and shall show the date from
which seniority commences and the employee’s job title. An employee or the
union shall be obligated to notify the employer of any error in the seniority list
within thirty (30) calendar days of such posting. If no error is reported within this
thirty (30) calendar-day period, the list will stand correct as posted.
9.3 Employees who leave the bargaining unit for a non-bargaining unit position shall
have their seniority frozen at the level that existed at the time of their departure
from a bargaining unit classification and shall be credited with such seniority
upon return to the bargaining unit if the return is a result of a layoff or position
termination; provided however, that such employee(s) may not exercise such
seniority to displace any current bargaining unit member. The provisions of this
article shall not apply to employees taking a voluntary demotion, or who
voluntarily leave city employment. Employees taking a voluntary demotion shall
go to the bottom of the seniority list.
9.4 A reduction of the workforce will be accomplished on the basis of inverse
classification seniority. Regular, full-time employees shall be recalled from layoff
on the basis of classification seniority. A qualified regular, full-time employee on
layoff shall have an opportunity to return to work within two (2) years of the time
of his/her layoff before any new employee is hired.
ARTICLE 10 – LAYOFF AND RECALL
If the employer should layoff an employee(s) for any reason, the following conditions
shall apply:
a. The employer shall determine the position(s) in the class and employment
condition and work location which is to be eliminated provided employees
in temporary or seasonal positions in the same class are laid off before
regular status employees.
b. Interruptions of employment mandated by the employer for less than
fifteen (15) work days or a temporary reduction in work hours mandated
by the employer shall not be considered a layoff under the provisions of
this article. Should such interruption of employment or temporary
reduction in work hours occur they will be done on the basis of inverse
classification seniority.
c. Employees may be laid off by the employer to meet the needs of the
employer. In the event a layoff is necessary the work force shall be
reduced based on best ability to perform available work and work
performance within the job classification as determined in the employer’s
discretion following the employer’s review of performance evaluations,
instances of counseling and discipline. If, in the employer’s discretion,
employees have equal work performance, seniority will prevail.
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10.1 Notice of layoff and recall. In the event of a permanent layoff, the employer shall
give written notification to the employee and the union, at least fourteen (14)
calendar days prior to the effective date of the layoff whenever practicable.
a. An employee on layoff shall be notified of recall by personal notice
(receipted) or certified mail (return receipt required) sent to the employee's
last known address at least fourteen (14) calendar days prior to the
reporting date. The employee shall notify the employer by certified mail
(return receipt required) within five (5) calendar days of receipt of
notification of intent to return to work and shall report for work on the
reporting date specified by the employer unless other arrangements have
been agreed to by the employer in writing.
b. It shall be the responsibility of the employee to keep the Human Resources
Division advised of their current mailing address.
10.2 Duration of recall lists. An employee shall remain on the appropriate recall list for
a period not to exceed two (2) calendar years from the date the layoff occurred.
An employee who has been laid off may be re-employed without examination in a
vacant position of the same class.
10.3 Removal from recall lists. Employees shall be removed from all recall lists for
any of the following:
a. Recalled to a position in the employment status from which the employee
was laid off.
b. Failure to accept recall to a position in the employment status from which
the employee was laid off.
c. Appointment to a regular status position in a class that is equal to or higher
than the one from which the employee was laid off.
d. Refusal or failure to accept recall for a position for which the employee on
layoff is qualified.
e. Resignation, retirement or termination from city employment.
ARTICLE 11 – DISCIPLINE
For the purpose of this article, an employee shall be any employee having successfully
completed the employee’s probationary period.
11.1 The employer will discipline employees only for just cause. Discipline will be in
one or more of the following forms: The employer retains the right to take any
disciplinary action deemed appropriate based upon the nature and severity of the
infraction(s) and the conditions surrounding the incident. The employer retains
the sole discretion to determine what behavior warrants disciplinary action and
which action will be imposed. Disciplinary actions include, but are not limited to:
Oral reprimand;
Written reprimand;
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Suspension;
Demotion; or
Discharge
11.2 Suspensions, demotions and discharges will be in written form.
11.3 Written reprimands, notices of suspension, and notices of discharge which are to
become part of an employee’s personnel file shall be read and acknowledged by
signature of the employee. Employees and the union will receive a copy of such
reprimands and/or notices.
11.4 Employees may examine their own personnel files in accordance with the
Minnesota Government Data Practices Act.
11.5 Employees will not be questioned concerning an investigation of disciplinary
action unless the employee has been given an opportunity to have a union
representative present at such questioning.
11.6 Grievances relating to suspension or discharge shall be initiated by the union in
Step 2 of the grievance procedure under Article 7.
ARTICLE 12 – WORK SCHEDULES
The sole authority in work schedules is the employer. The normal work day shall be 7:00
a.m. to 3:30 p.m. for eight (8) hours. The normal work week shall be forty (40) hours
Monday through Friday. Nothing herein shall be construed as to a guarantee of hours of
work per day or per week.
12.1 Public Service may require the establishment of regular shifts for some employees
on a daily, weekly, seasonal, or annual basis other than the normal workday.
When practicable, the employer will provide twenty-four (24) hours advance
notice to employees affected schedule changes.
12.2 In the event work is required because of unusual circumstances such as (but not
limited to) fire, flood, snow, sleet, or facility equipment malfunction advanced
notice is not required. Each employee has an obligation to work overtime or
respond to call backs when requested unless unusual circumstances prevent
him/her from so working.
12.3 Departures from the Normal Work Schedule. Should it be necessary for the
department to temporarily establish work schedules departing from the normal
work schedule, in other than an emergency as defined in 12.2, notice of such
change shall be given to the employee eight (8) hours in advance when
practicable.
12.4 Summer Work Schedule. During Daylight Savings Time, employees will work a
Summer Work Schedule consisting of four (4) nine (9) hour days Monday
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through Thursday, 7:00 a.m. to 4:30 p.m., and a four (4) hour day, 7:00 a.m. to
11:00 a.m., on Friday.
An employee who uses sick leave, vacation, and compensatory time shall be
charged nine (9) hours during the Summer Work Schedule. Holiday and
bereavement leave is credited at eight (8) hours during this schedule. Employees
shall use one (1) hour of vacation or compensatory time to account for the nine
(9) hour day or get supervisor approval to work one additional hour during a
holiday/bereavement week to complete their 40-hour work week.
12.5 All employees scheduled to work six or more hours per shift are required to take a
half-hour, unpaid meal break. Employees shall receive one (1) unpaid thirty (30)
minute meal break near the middle of their shift and one paid fifteen (15) minute
a.m. break and one paid fifteen minute p.m. break per eight (8) or nine (9) hour
shift. With the approval of their supervisor, employees may combine break time
with their unpaid meal break. Employees must take an a.m. and a p.m. break of at
least five (5) minutes each.
12.6 Fire calls during working hours. An employee will be allowed to respond to fire
calls as approved and determined by his/her department director, based on the
work assignments and responsibilities of the employee.
Employees responding to fire calls during regular work hours will be
compensated at the same rate as his/her regular city position with no additional
firefighter pay compensation.
While off duty from his/her regular position and on vacation or compensatory
time employees will receive firefighter pay when responding.
12.7 Fire calls during non-work hours. Employees will receive their normal firefighter
compensation for fire calls and training that do not occur during the regular work
hours of the regular position.
Application of the Fair Labor Standards Act (FLSA). Employees will be paid
overtime in accordance with the FLSA. Actual time worked will be used for
determining overtime payment, with no consideration to the one-hour minimum
call out pay provision for firefighter pay. By advance mutual agreement, overtime
earned for performance of fire department activities may be paid at one and one-
half times the employee’s firefighter pay rate.
ARTICLE 13 – OVERTIME PAY
Hours worked in excess of forty (40) hours within a seven (7) day period will be
compensated at one and one-half (1½) times the employee's regular base pay rate. Paid
holidays, bereavement leave, and sick leave shall be the only non-work days with compensation
considered for purposes of computing overtime compensation. The Employer will not
change the employees work schedule for the sole purpose of avoiding overtime
compensation.
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13.1 Overtime will be distributed as equally as practicable. The employer will
document and post overtime hours worked, or refused by employees. The
overtime document will be posted the first of each month.
13.2 Overtime shall be calculated to the nearest fifteen (15) minutes.
13.3 Employees performing emergency duties or mission critical snow removal on a
weekend shall be paid time and one-half for hours worked or take the hours
earned in compensatory time in accordance with Article 25 – Compensatory Time
Provisions.
13.4 Overtime refused by an employee will, for recording purposes under Article 13.1,
be considered unpaid overtime worked.
13.5 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded, or paid twice for the same hours worked.
13.6 Out of Class Pay. Any employee assigned to maintain a street plow route who
does not operate a snow plow truck as part of his/her regular position with the city
shall be paid at pay grade 5 of the City Pay Plan for snow removal hours.
Employees shall begin at step A and receive a step increase at the beginning of
each snow season that they are assigned to perform snow plowing duties.
13.7 All overtime shall be either requested by the employer/supervisor or approved by
the employer/supervisor prior to the work being performed.
ARTICLE 14 – CALL BACK
An employee called in for work at a time other than the employee’s normal scheduled
shift will be compensated for a minimum of two (2) hours pay at one and one-half (1-½)
times the employee’s base pay rate. Early report to work and extended shifts are not
subject to the two (2) hour minimum requirement.
ARTICLE 15 – LEGAL DEFENSE
15.1 Employees involved in litigation because of negligence, ignorance of laws, non-
observance of laws, or as a result of employee judgmental decision shall not
receive legal defense by the city.
15.2 Any employee charged with a traffic violation, ordinance violation or criminal
offense arising from acts performed within the scope of 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.
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ARTICLE 16 – PROBATIONARY PERIODS
All newly hired, promoted, or rehired employees will serve a six (6) month probationary
period. The employer may extend this probation for an additional six (6) months.
16.1 At any time during the probationary period, a probationary employee may be
terminated at the sole discretion of the employer without such discharge being a
violation of this agreement and such termination is not a proper subject for Article
7 (Grievance Procedure).
16.2 Employees promoted or appointed to new positions must successfully complete a
six-month Probation Period. If found during the probation period to be unsuited
for the position, the city at its sole discretion, may reinstate the employee to
his/her former position and former rate of pay. Reinstatement is not guaranteed.
If reinstatement results in the termination of another employee, this shall not be
considered a violation of any of the provisions of this agreement.
16.3 Employees may not take scheduled leaves during the probationary period unless
pre-approved by the city administrator or his/her designee.
ARTICLE 17 – EMPLOYEE DEVELOPMENT / TUITION REIMBURSEMENT
Tuition reimbursement is available to regular, full-time employees for up to 75% of the
tuition paid by the employee, excluding scholarships and grants up to a maximum
reimbursement of $3,000 per year (based on the date reimbursement is paid) for
accredited college or other classes directly related to the employee’s position with the
city. To be eligible for reimbursement the following requirements must be met:
a. Prior to class registration, a completed Tuition Reimbursement Request
Form must be signed and on file with Human Resources; and
b. The class must be part of a degree, certification, or licensure program and
apply directly to the employee’s position or be required to complete an
associate, bachelor’s, master’s or doctorate degree in the field in which the
employee works; and
c. The employee must successfully complete the class. If the grades are
assigned, the minimum grade required for reimbursement is a C; and
d. The reimbursement must be submitted within 60 days of class completion.
Books and other non-tuition fees (such as activity fees, technology fees, etc.) do not
qualify for reimbursement.
All classes must be taken on employee time and time spent on classes is not considered
hours worked. If any portion of the employee’s class/ development activity is conducted
during regular work hours, the employee must take vacation or compensatory leave, an
unpaid leave of absence, if approved, or arrange for flexible scheduling, if approved by
the department director.
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Classes taken to maintain good standing for licensure, affiliation, certification or
credentialing as well as work-related seminars and training are paid for through training
funds which are budgeted each by the City Council.
ARTICLE 18 – JOB POSTING
The parties presume employees have expectations for promotions and increased
responsibility and are expected to continue their training and professional development.
Internal candidates are expected to be prepared for promotion and job vacancies.
Promotions and job vacancies will be filled based upon expectation of promotion from
within provided that the employer has the right of final decision in the selection of
employees to fill posted jobs based on qualifications, abilities, and experience.
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.
ARTICLE 19 – HEALTH AND LIFE INSURANCE
The employer shall make available the same group health and life insurance plans and
contribute the same premium amount as contributed for non-union employees.
ARTICLE 20 – UNIFORMS/ SAFETY CLOTHING ALLOWANCE
Streets, Parks, Equipment Services, and Building Maintenance (non-Custodial)
employees shall receive an annual uniform allowance for reimbursement of six hundred
twenty-five dollars ($625) towards the purchase of items listed in each respective City
Uniform Policy to include protective footwear.
Custodial employees shall receive an annual uniform allowance for reimbursement of up
to two hundred dollars ($200). For 2018, current Custodial employees shall receive an
additional one hundred dollars ($100). Newly-hired Custodial employees shall receive
two hundred dollars ($200) at date of hire, two hundred dollars ($200) following
successful completion of probation, and then two hundred dollars ($200) the first of each
year.
20.1 Prescription Safety Eyewear. The city will provide one (1) complete pair of
clear, prescription, protective industrial safety eyewear every two (2) years or at
the supervisor's discretion due to prescription change or damage resulting from
work-related hazards.
Clear lenses under this definition will also include lens tints in shades 1 or 2.
Transition or changeable tint lenses that meet 051 IA Standard 87Z are allowed.
Protective eyewear must comply with ANSI and OSHA-approved standards.
All charges relating to eye examinations, optional frame styles, or lens treatments
will be the responsibility of the employee. The city will pay for basic protective
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prescription eyewear lenses, standard frame with side shields, case, and
dispensing fee.
Employees must utilize the vendor selected by the employer and follow the
process required by said vendor.
ARTICLE 21– SICK LEAVE
Regular full time employees shall accrue sick leave at the rate of one eight (8) hour day
of sick leave per month, with no maximum accrual limit.
21.1 Unscheduled sick leave. A regular full time employee shall notify their immediate
supervisor at least thirty (30) minutes before the start of the scheduled shift. If an
emergency prevents the employee from meeting this notice requirement, the
employee must notify their supervisor as soon as possible thereafter of his/her
inability to report for duty. Employees are required to keep their supervisor
informed of their anticipated return to work.
21.2 Planned sick leave. Employees are required to provide written or electronic sick
leave notice to the Human Resources Division as soon as leave is anticipated.
21.3 The Employer may require of regular full time employees proof of illness
(doctor’s note or certification) for any use of sick leave. In cases of extended
illness, regular full time employees shall notify the employer each week of their
status in regard to his/ her return to duty.
21.4 Eligible employees may use sick time only for the following reasons:
a. Personal illness or injury or in order to attend medical appointments.
b. To care for sick family members.
c. To accompany family members to medical appointments
d. Up to five (5) days in any calendar month to care for seriously ill family
members who may not live with the employee. For purposes of this
provision, "seriously ill" shall be determined at the sole discretion of the
city administrator.
e. Safety Leave. Employees may use sick leave for reasonable absences to
provide or receive assistance because they, or a family member, is a victim
of sexual assault, domestic abuse, or stalking.
The provisions for the use of sick leave for family members are defined in state statute as
well as in the employer’s Personnel Policy Manual.
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ARTICLE 22 – SEVERANCE
An employee resigning employment may be eligible for a severance payment for a
portion of unused sick leave when all of the following conditions are met:
a. The employee must resign in good standing, not terminated by the city; and
b. S/he must provide proper written notice of his/her resignation in
accordance with the City Resignation Policy; and
c. S/he must execute a release of claims; and
d. S/he must have completed two (2) consecutive years of service.
22.1 The severance payment is calculated fifty percent (50%) of accumulated sick
leave balance up to a maximum payment of four hundred eighty (480) hours.
Payment shall be at the current rate of pay when the resignation was submitted.
Employees will place 100% of their sick leave severance, as paid per this item,
into their Post Employment Health Care Savings Plan.
22.2 Accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible
for a severance payment. Sick leave shall continue to accumulate in excess of nine
hundred sixty (960) hours to be used in accordance with the Family Medical
Leave Act.
22.3 The city administrator, at his/her sole discretion, may grant exceptions to items b,
c, and/or d above due to unforeseen circumstances when item “a” is met.
ARTICLE 23 – BEREAVEMENT LEAVE
Employees shall be eligible for Bereavement Leave consistent with the city Personnel
Policy Manual.
ARTICLE 24 – VACATION
Vacation Leave requests shall be made no fewer than three (3) days before the anticipated
commencement of leave or less with supervisor approval.
Vacation is accrued based on consecutive years of leave-eligible service. Employees may
carry up to 240 hours of unused vacation forward from one year to the next. Regular full-
time employees shall accrue paid vacation leave on the following schedule:
Length of Service Accrual rate
From start of employment through 88 working hours per year
th
completion of the 5 year
th
Beginning of the 6 year through 112 working hours per year
th
completion of the 7 year
th
Beginning of the 8 year through 120 working hours per year
th
completion of the 9 year
15
th
Beginning of the 10 year through 128 working hours per year
th
completion of the 11 year
th
Beginning of the 12 year through 136 working hours per year
th
completion of the 13 year
th
Beginning of the 14 year through 144 working hours per year
th
completion of the 15 year
th
Beginning of the 16 year through 152 working hours per year
th
completion of the 17 year
th
Beginning of the 18 year 160 working hours per year
th
Beginning of the 19 year 168 working hours per year
th
Beginning of the 20 year 176 working hours per year
st
Beginning of the 21 year 184 working hours per year
nd
Beginning of the 22 year through 192 working hours per year
th
completion of the 24 year
th
Beginning of the 25 year and thereafter 200 working hours per year
ARTICLE 25 – COMPENSATORY TIME PROVISIONS
Regular, full-time employees with prior mutual agreement with the supervisor may
accumulate compensatory time in lieu of overtime compensation at the rate of one and
one half (1-1/2) times the overtime hours worked. Overtime hours not specified as
compensatory time will be paid with overtime compensation.
25.1 Employees may use compensatory time off with pay, subject to prior approval of
the employer. Requests shall be made no fewer than three (3) days before the
anticipated commencement of leave, or less with supervisor approval.
25.2 Employees may accumulate and “bank” up to forty (40) hours of compensatory
time. As time is utilized, additional compensatory time may be banked not to
exceed 40 hours.
ARTICLE 26 – HOLIDAYS
Regular, full-time employees are eligible to receive eight (8) hours paid time off for the
each of the following holidays.
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1. New Year’s Day 7. Veteran’s Day
2. Martin Luther King, Jr. Day 8. Thanksgiving Day
3. Presidents Day 9. Day after Thanksgiving Day
4. Memorial Day 10. Christmas Eve Day
5. Independence Day 11. Christmas Day
6. Labor Day
26.1 For employees working a Monday through Friday workweek, holidays occurring
on Saturday will be observed the preceding Friday and holidays occurring on
Sunday will be observed on the following Monday.
26.2 When a holiday falls during an employee’s vacation or sick leave, the employee
will not be charged with vacation or sick leave for the holiday hours; the hours
will be considered holiday leave.
26.3 Employees called in to work on the actual holidays listed above shall receive one
and one-half the employee’s regular rate of pay in addition to the holiday pay.
26.4 Emergency duties or mission critical snow removal shall be paid at two times the
employee’s base rate for all hours worked on the actual holiday.
ARTICLE 27 – MILEAGE ALLOWANCE
The employer agrees to reimburse any employee required to use his/her own automobile
per the mileage allowance policy in effect for all city employees.
ARTICLE 28 – LEAVES OF ABSENCE
Each employee will receive leave following the guidelines as set out by the Family
Medical Leave Act (FMLA).
ARTICLE 29 – ON CALL
Street division employees assigned to be on call during the winter snowplowing season
shall be paid an additional one (1) hour of pay at straight time per day Monday through
Thursday, and two hours of pay at straight time per day Friday through Sunday and
Holidays when they are On Call. Any employee who uses more than three hours of sick
or vacation leave or compensatory time off on a day when the employee was to have been
on call will not be considered on call and will not receive on call pay for that day.
ARTICLE 30 – CENTRAL PENSION FUND
The City of Elk River agrees to participate in the Central Pension Fund (CPF) of the
International Union of Operating Engineers, Local #49 and Participating Employers.
The International Union of Operating Engineers Central Pension Fund (hereinafter CPF)
is a supplemental Pension Fund authorized by Minnesota Statute § 356.24, subd. 1(10).
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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 other source other than this wage
reduction.
Effective October 2, 2016, the contribution rate equals $0.25 per straight time hour paid
(including sick, vacation, and compensatory time). The employer shall pay the
contribution directly to the IUOE Central Pension Fund, 4115 Chesapeake Street NW,
Washington, DC 20016. Authorization to change the contribution rate shall be subject to
approval of a majority vote of all employees and cannot be changed more than once per
calendar year. Maximum annual contribution limit set forth under Minnesota Statute §
356.24, subd. 1(10), as amended, is $5,000.00.
The union agrees to indemnify and hold the employer, its officers, agents, and employees
harmless against any claims, suits, orders, or judgments, brought against the employer as
a result of any action taken or not taken by the employer on the specific provisions of this
article. This “hold harmless” clause does not hold the employer harmless for failing to
transfer the agreed contributions to the IUOE Central Pension Fund.
It is agreed that for purposes of determining future wage rates, the employer shall first
restore the amount of the wage reduction, which is currently the CPF contribution rate of
$0.25 per hour, (effective October 2, 2016) then apply the applicable wage multiplier,
then reduce the revised wage by the CPF contribution rate.
For purposes of calculating overtime compensation the employer shall first restore the
amount of the wage reduction ($0.25/hr.) then apply the applicable wage multiplier
required under the Fair Labor Standards Act and the collective bargaining agreement,
then pay the resulting amount for overtime worked.
The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the
governing documents.
ARTICLE 31 – WAIVER
Any and all prior agreements, resolutions, policies, rules, and regulations regarding terms
and conditions of employment to the extent inconsistent with the provisions of this
agreement are hereby superseded. The parties mutually acknowledge that during the
negotiations that resulted in this agreement, each had the unlimited right and opportunity
to make demands and proposals with respect to any term or condition of employment not
removed by law from bargaining. All agreements and understandings arrived at by the
parties are set forth in writing in this agreement for the stipulated duration of this
agreement. The employer and the union each voluntarily and unqualifiedly waives the
right, and agrees that the other shall not be obligated to meet and negotiate regarding any
and all terms and conditions of employment referred to or covered or not specifically
referred to or covered in this agreement even though such terms and/or conditions may or
may not have been within the knowledge or contemplation of either or both parties at the
time this contract was negotiated or executed.
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ARTICLE 32 – SAFETY
The union agrees to promote safe and healthful working conditions, to cooperate in safety
matters and to require employees to work in a safe manner.
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ARTICLE 33 – DURATION
This agreement shall be effective as of January 1, 2018, and shall remain in full force and
effect until December 31, 2018.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on this ____
day of _________________, 2018.
FOR THE CITY OF ELK RIVER: FOR I.U.O.E. LOCAL NO. 49:
____________________________ __________________________
Calvin Portner, Administrator Business Manager
__________________________
____________________________ Business Representative
Mayor
__________________________ __________________________
City Clerk Steward
__________________________
Steward
__________________________
Steward
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Appendix A- Wages
Wages Effective 1-1-2018 MIN B C D MAX
Building Maintenance Assistant $27.21 $28.41 $29.61 $30.81 $32.01
Division Lead
Maintenance Mechanic $23.51 $24.98 $26.45 $27.92 $29.38
Park Maintenance Worker
Street Maintenance Operator II
Building Maintenance Technician $21.41 $22.75 $24.08 $25.42 $26.76
Custodian $14.00 $15.50 $17.00 $18.50 $20.00
Current, eligible employees receiving a satisfactory rating on their performance review
st
shall move to the next step listed in Appendix A on July 1 of each year. Employees
hired after January 1, 2018, receiving a satisfactory rating on their performance review
shall move to the next step listed in Appendix A on their anniversary date.
The city will include all union positions in the 2018 compensation study and update pay
grades and wage rates consistent with the internal and external equity for nonunion
positions, to include any market adjustments approved by the City Council.
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