4.7 SR 04-04-2022Request for Action
To
Item Number
Mayor and Ci T Council
4.7
Agenda Section
Meeting Date
Prepared by
Consent
April 4, 2022
Lauren Wipper, Human Resources Manager
Item Description
Reviewed by
IUOE Local 49 Memorandums of
Cal Portner, City Administrator
Understanding
Reviewed by
Action Requested
Approve, by motion, two Memorandums of Understanding (MOU) with the International Union of Operating
Engineers (IUOE), Local No. 49.
Background/Discussion
The IUOE Local 49 union members have voted to discontinue membership in the Central Pension Fund (CPF)
The first MOU attached eliminates Article 30 — Central Pension Fund from the Local 49 union contract.
The membership has also elected new stewards. Article 6, specifically 6.4, states that the steward investigating
and/or presenting a grievance will be the steward from the division the steward representants. There is no longer a
park maintenance employee serving as a union steward. The second MOU attached rewords this item so that
grievances may be investigated and/or presented by any steward in the bargaining unit.
Financial Impact
There is no financial impact.
Mission/Policy/Goal
NA
Attachments
Memorandum of Understanding — Central Pension Fund
Memorandum of Understanding — Union Steward Representation
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei l_ y.
M
TUREJ
Updated.• August 2020
Memorandum of Understanding
Between
The City of Elk River
And
The International Union of Operating Engineers, Local No. 49
WHEREAS, the City of Elk River ("City") and the International Union of Operating
Engineers, Local No. 49 ("Union") are parties to a Collective Bargaining Agreement
("Agreement") in effect from January 1, 2022 through December 31, 2024; and
WHEREAS, Article 30 — Central Pension Fund of the Agreement establishes certain terms
and conditions regarding the Central Pension Fund; and
WHEREAS, the Union and City executed a Memorandum of Understanding on January
5, 2022 to amend incorrect and outdated language in Article 30; and
WHEREAS, the bargaining unit by majority vote on March 23, 2022 directed the Union
to inform the City of the bargaining unit's desire to cease contributions to the Central Pension
Fund and to withdraw from participation in the Central Pension Fund.
NOW, THEREFORE BE IT RESOLVED AND STIPULATED that the parties
mutually agree as follows:
Effective upon the execution date below, the City will cease making contributions to
the Central Pension Fund and will take all necessary steps to withdraw from
participation in the Central Pension Fund.
2. The terms of this Memorandum of Understanding are contractual and supersede Article
30, the January 5, 2022 Memorandum of Understanding and all prior agreements
between the parties relating to the subject matter of this Memorandum of
Understanding. No waiver or modification of any provision of this Memorandum of
Understanding is valid unless it is in writing and signed by all parties.
IN WITNESS WHEREOF, the parties have executed this MOU on this day of
2022.
........ _. ............ _............
Aoene
pher Cfry
John Dietz
unselMayor
International Union of Operating Engineers, Local No. 49 City of Elk River
Tina Allard
City Clerk
City of Elk River
Memorandum of Understanding
Between
The City of Elk River
And
The International Union of Operating Engineers, Local No. 49
WHEREAS, the City of Elk River ("City") and the International Union of Operating
Engineers, Local No. 49 ("Union") are parties to a Collective Bargaining Agreement
("Agreement") in effect from January 1, 2022 through December 31, 2024; and
WHEREAS, this Memorandum of Understanding ("MOU") is intended to revise language
in Article 6 — Union Security, specifically 6.4 of the Agreement to clarify that any steward from
any division of the bargaining unit may be the steward to investigate and/or present a grievance;
and
WHEREAS, the Union and City wish to revise this language and memorialize these
revisions with this MOU.
NOW, THEREFORE BE IT RESOLVED AND STIPULATED that the parties
mutually agree as follows:
1. Article 6 — Union Security of the Agreement is revised as follows:
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 workstation 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 greivance may only be the
steward from any the division in the bargaining unit # sitewa.. sen.
2. The terms of this MOU are contractual and supersede Article 6.4 and all prior agreements
between the parties relating to the subject matter of this MOU. No waiver or modification of
any provision of this MOU is valid unless it is in writing and signed by all parties.
IN WITNESS WHEREOF, the parties have executed this MOU on this day of
2022„
A
Onal
C' otry John Dietz
Mayor
Internatnio�a of Operating Engineers, Local No. 49 City of Elk River
Tina Allard
City Clerk
City of Elk River