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09-18-1961 VCM Special VILLAGE OF ELK RIVER COUNCIL MEETING September 18, 1961 A special meeting was held at the Village Hall to consider the duties of the village treasurer and village clerk. All members of the Council were present. Also Mr. J.C. Odegard, Villlage Treasurer and John MacGibbon, Village Attorney. Members present: Henry Johnson, Mayor; R.G. Kemper, Lars Larson, August Meyer, Trustees; H.A. Briggs, Clerk The clerk was asked to write Mr. Milne of Robert D. Milne and Associates to have him come out and give us some assistance with the books. Mr. MacGibbon says there should be a reserve set up I the Liquor Store Building account in case of emergency in the payment of bonds. One thousand dollars should be put in the fund to partially make up for funds not yet reserved. The council approve fire contracts with the following – Town of Elk River, Big Lake, Otsego, Burns and Ramsey. A motion was made by Meyer and seconded by Briggs to approve the contract with the Union as th amended. The changes were agreed to at the Sept. 11 meeting. Carried. Meeting adjourned. H.A. Briggs Village Clerk RESOLUTION ESTABLISHING WORKING CONDITIONS. WAGES AND HOURS FOR BARTENDERS AND WAITRESSES IN THE MUNICIPAL LIQUOR STORE FOR THE VILLAGE OF ELK RIVER WHEREAS. The Employees of the Municipal Liquor Store of the Village of El~ River. by an election duly held in accordance with law. have chosen the Local Joint Executive Board of the Hotel and Restaurant Employees and Bartenders International Union. A.F.L.-C.I.O., as the duly authorized bargaining representatives. and WHEREAS, That representative has presented to the Council of the Village of Elk River a resolution relating to working conditions. wages and hours for Employees of the Municipal Liquor Store of the Vil- lage of Elk River, and WHEREAS, It is the intent and purpose of the Employees, their representatives and the Council to promote and improve the employment and economic relations between the Elk River Municipal Liquor Store and its Employees and to establish a basic understanding relative to rates of pay, hours of work and other conditions of employment. NOW, THEREFORE, Be it hereby resolved, by the Village of Elk River, that the following rules and regulations concerning the employ- ment of the Employees of the Elk River Municipal Liquor Store be adopted and placed in effect as follows. to-wit: ARTICLE I Recolmition The Council of the Village of Elk River and the Village of Elk River. which are hereinafter known as the Employer, agree to recognize the Local Joint Executive Board of the Hotel and Restaurant Employees and Bartenders International Union. A.F.L.-C.I.O.. as the duly authorized representative of all Employees covered by this Resolution. ARTICLE II Senioritv The Employer hereby does recognize seniority rights and Employ- ees shall be promoted. demoted, laid off and returned to service according to their length of service, providing. however. that such Employee other- wise qualifies, and provided further, that such Employee shall not estab- iish seniority rights until he has been employed for sixty (60) days. ARTICLE III Meal Period All Employees covered by this Resolution shall be granted a meal period of not less than one-half (1{2) hour and not longer than one (1) hour and shall not be requested to work during this period except in the case of extreme emergency. . AIcrICLE IV Vacations All Employees with one (1) year of employment shall receive one (1) week's vacation pay; all Employees with two (2) years' employ- ment or more shall receive two (2) weeks' vacation with pay. A newly hired Employee, after six (6) months' employment, shall be entitled to two (2) days' vacation benefits and shall accrue additional vacation benefits at the rate of one-half (1{2) day each month thereafter. For other than newly hired Employees, the earned vacation benefits for the first yearly period of employment shall be as provided in Paragraph 2 above; and for the second yearly period, the earned vaca- tion benefits shall be one (1) day for each month of employment; in the event employment is terminated for any reason the Employee shall receive such accrued vacation benefits as severance pay. Any Employee whose employment is terminated for any reason shall be entitled to all unpaid vacation benefits as may be due such Employee, and shall receive such vacation benefits as provided in Paragraphs 2 and 3 above, immediately on severance of employment. Vacation shall be taken by the Employees between the first (1st) of June and the first (1st) of November of each year. except, however. an Employee may agree with the Employer to take the vacation at a time of the year other than the vacation period. Employees shall receive vacation pay in advance immediately prior to taking such vaca- tions. AIcrICLE V Grievances Should any grievance arise as to interpretation of or adher- ence to the terms and provisions of this Resolution, the Employee af- fected may either directly or through his designated bargaining repre- sentative take the matter up with the Employer in an endeavor to effect a satisfactory settlement. If the Employer and the Employee are unable to agree, then the matter shall be referred to the designated bargaining representative, who shall endeavor to effect a satisfactory settlement with the Employer or his authorized bargaining representative. If said representative ef the Employees and the Employer are unable to agree in the matter of dispute, then such dispute or grievance shall be referred to an adjustment panel as provided for under Section 179.57 of the Min- nesota Statutes Annotated. AIcrICLE VI Discrimination No Employee shall be discriminated against and no Employee shall be discharged for giving information regarding alleged violations of this Resolution. AIcrICLE VII Sick Leave All Employees shall receive six (6) working days' leave for actual illness with pay each year; there shall be no accumulation of unused days of sick leave from year to year. The Employer may require a doctor's certificate on sick leave claims of three (3) days or more. - 2 - ARTICLE VIII Uniforms Uniforms and aprons shall be furnished and laundered by the Employer for all Employees who are ~equired to wear such uniforms and aprons. .ARTICLE IX Overtime Hours No Employee shall be required to attend a department or staff meeting on his day off nor shall any Employee be required to do any opening up, cleaning or locking up duties on his own time. Except for bartenders who are regularly scheduled to work a forty-eight (4B)-hour week, the work week shall consist of five (5) eight (B)-hour days for a total of forty (40) hours per week. Overtime shall be paid at the rate of one and one-half (1 1/2) times the regular hourly rate of pay for all work performed after eight (B) hours in anyone day, and except for bartenders who are regularly scheduled to work a forty-eight (4B)-hour week, after forty (40) hours in anyone week. All work performed on the sixth (6th) consecutive work day by any regular Employee who has not been scheduled for a forty-eight (4B)- hour week shall be paid for at the rate of one and one-half (1 1/2) times his regular hourly rate of pay. All time worked by any regular Employee on the seventh (7th) consecutive work day shall be paid for at the rate of two (2) times his regular hourly rate of pay. However, all bartenders regularly scheduled to work a forty-eight (4B)-hour week shall be compensated for such forty-eight (4B)-hour week at the rate scale provided hereinafter; but such forty-eight (4B)-hour bartenders shall be paid in accordance with this article as overtime for hours worked in excess of eight (B) in anyone (1) day or in excess of forty- eight (4B) in anyone (1) week or on the seventh (7th) consecutive work day. When full-time work is available within any of the Employer's job classifications, the senior Employee shall be given the first op- portunity to work the eight (B)-hour day or the forty (40)-hour or forty-eight (4B)-hour week which is contemplated by this Resolution. No part-time Employee shall be permitted to wark on any day or during any week until all regular Employees have been given an opportunity to work a full eight (B) hours that day or a full forty (40) hours that week. This article is not intended to require that the Employer, on the sixth (6th) or seventh (7th) day of a regular work week, provide an eight (B)-hour shift to regular Employees in preference to the hiring of part-time Employees on that sixth (6th) or seventh (7th) day; but if any regular Employee is required to report to work on the sixth (6th) or seventh (7th) day of a regular work week, he shall be guaranteed four (4) hours of work that day, at one and one-half (1 1/2) times his regular hourly rate of pay. The Employer will not sdedule split shifts and nothing in this article shall be construed to permit the scheduling of split shifts. - 3 - ARTICLE X Wages Wages are to be paid in the manner and at the time which pre- vailed as between the Employer and the Employees covered by this Resolu- tion immediately prior to the adoption of this Resolution. ARTICLE XI Mil i tarv Leave Any Employee called for military service or compulsory military training shall not lose his job or seniority standing by reason thereof, and any Employee hired in his place during his absence shall be so informed. ARTICLE XII Holidays Decoration Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day shall be recognized as holidays; in the event that one of these holidays falls on a Sunday or on an Employee's regular day off, the day following shall be allowed to the Employee as a holiday. When an Employee does not work on one of these holidays, he shall nevertheless receive his regular straight-time pay for that day, as though he had worked; if an Employee works on one of these holidays, he shall be guaranteed pay for at least eight (8) hours of work, and the guaranteed pay shall be at twice his regular rate of pay. When an Em- ployee works on his holiday, the time then worked shall be counted as part of his work week for purposes of calculating overtime in accordance with Article IX of this Resolution. An Employee scheduled to work on an election day shall be paid at his regular rate of pay for such hours as he does not work while polls are open; moreover, during which the Employee would otherwise have worked but for the occurrence of an election day shall be included in the cal- culation of that Employee's regular work week for purposes of the payment of overtime wages in accordance with Article IX of this Resolution. ARTICLE XIII Union Leave The Employer 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 XIV Wage Scale From October 1st, 1961, and thereafter, all bartenders regularly scheduled to work forty (40) hours per week shall receive Ninty and 90/100 ($90.90) Dollars per week; all bartenders regularly scheduled to work forty- eight (48) hours per week shall receive One Hundred Fourteen and 92/100 ($114.92) Dollars per week. All part-time bartenders shall receive Two and 50/100 ($2.50) Dollars per hour. - 4 - From October 1st, 1961, and thereafter, all waitresses scheduled to work forty (40) hours per week shall receive One and 25~/100 ($1.255) Dol- lars per hour; all short-hour rate waitresses shall be paid One and 50/100 ($1.50) Dollars per hour. ARTICLE XV Employee Substitution No Employee shall be required to secure a substitution or re- placement when such Employee is absent from work, and no Employee shall be permitted or authorized to provide a substitute for himself when off duty for any reason whatsoever. ARTICLE XVI No Regular Women Bartenders No woman shall be regularly employed as a bartender; however, in the event that the Employer employs only one (1) male bartender for its day shift, a regularly employed waitress may work for the one-half (1/2) hour of that male bartender's meal period but, for such one-half (1/2) hour of bartending, this waitress must be paid at the rate provided in this Resolu- tion for the part-time male bartender. ARTICLE XVII Health and Welfare Procedures The Employer will establish administrative and clerical pro- cedures by which, at the instance of any Employee. a deduction in the amount of Five and 50/100 ($5.50) Dollars may be made from the wage or salary of that Employee, whereafter the Employer's check in that amount will be transmitted to the Miscellaneous Liquor, 3.2 Beer and Restaurant Employers-Employees Trust Fund for each such Employee for use for such benefits as are afforded Employees under the terms of the agreement and declaration of trust for said fund. It is understood and ~greed that the institution and continuance of said administrative and clerical pro- ceedings will not entitle this Employer to participation in the selection of trustees for said trust fund. ARTICLE XVIII Amendments Amendments may be made at any time to this Resolution by the Village Council of Elk River. ARTICLE XIX This Resolution shall be considered to have been in force and effect as of October 1st, 1961, except for Article XVII which shall be in force as of the date of the adoption of this Resolution. . , d 0 "..... ADOPTED by the Village Council this ~ay of ~. J.'7-I2.L. Motion made by Trustee, ATTEST: 'j ~~.J - P-? / ':~--n~ \ /" / .. l'!leyer, secon~.b'y Briggs and passed. Mayor '7./" a Ii \ -' ~11age Clerk -5-