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Home My WebLink About20100405 - VIII-C-4 MEMORANDUM TO: Honorable Mayor and City Councilmembers FROM: Dave Osberg, City Administrator DATE: April 1, 2010 SUBJECT: 49’ers Union Contract PLEASE NOTE: THE UNION WAS VOTING ON THIS ITEM LATE THURSDAY AFTERNOON AND THE VOTE WAS NOT AVAILABLE AT TIME OF PACKET DISTRIBUTION. IF NECESSARY, THE ITEM WILL BE PULLED FROM THE AGENDA ON MONDAY. RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action approving the 2010 49er’s Union Contract, with the following changes incorporated in the Contract: a.) New language: The Employer agrees that it will make deductions from each paycheck covering membership dues and initiation fees that may hereafter become due to the union for any of the employees covered under this agreement; provided the Union requests such deductions and accompany such requests properly and legally executed assignments authorizing such deductions in accordance with applicable law. The Union will inform the Employers as to the amount of membership dues and initiation fees. Initiation fees, dues other assessments or Fair Share Fee in accordance with M.S. 179.55, Subd. 2 shall commence no later than 31 days from the date of employment. b.) Complete the third year of the market rate adjustments, with a zero (0%) percent “Cost of Living Adjustment. c.) New language relating to job postings, to include the following: Job vacancies within the designated bargaining unit shall first be posted internally for five (5) working days so that members of the bargaining unit can be considered for such vacancies prior to posting externally. d.) One year contract. e.) Rates for seasonal employees will be removed from the contract, and the following new language will be inserted: Seasonal employees will not be paid more than 60% of the lowest based union compensation rate. f.) The City and Union agreed to extension of the Memorandum of Understanding that governs certain aspects of an alternative work week and those who temporarily are without their CDL license. g.) Two new overtime provisions will be included in the contract, which include the following: Snow removal on Saturday will be paid at the overtime rate; and—for purposes of computing overtime, hours worked shall be defined as those hours actually worked or accounted for by holidays. Use of vacation, sick or compensatory time does not count towards hours worked for purposes of computing overtime eligibility. If an employee takes approved leave in a one week period and works straight time hours outside the regularly scheduled shift, the employee may proportionally reduce the use of approved leave hours taken for that work period. (These provisions will be effective December 31,2010; at the end of the contract period) h.) New language will be included in the contract that essentially memorializes current practice: In situations where additional hours outside the normal work week are pre- scheduled, employees will be allowed to switch shifts with other qualified employees, provided the shift does not result in any additional premium and/or overtime pay. i.) Contract Language Clarification— The City and union have agreed to language clarification with regards to work schedules, including overtime, compensatory, holidays, shift differential and call back. Unless negotiated and agreed to as above, it . is not the intent to change current practice ? Delete Current 11.1 Employees who are assigned work by the EMPLOYER in excess of the normal work day or work week will be done so on a seniority basis. ? Reword Current 11.4 Overtime refused by employees will for record purposes under Article 11.2 be considered as unpaid overtime worked. Overtime refused by employees will be considered as unpaid overtime worked for record purposes ? Reword Current 11.1 Employees who are assigned to work by the EMPLOYER in excess of the normal day or normal work week shall be compensated at the applicable overtime rate for all hours worked in the excess of the normal work day or normal work week, or shall receive equivalent compensatory time off at The applicable overtime rate for each hour worked to be banked by the employee to a maximum of eighty (80) hours. Except in no case shall overtime be paid or compensatory time off be accrued at an overtime rate unless the employee works in excess of an eight (8) hour day, or forty (40) hour week. A regular part-time employee working more than a four (4) hour day or twenty (20) hour week shall be compensated at a straight time rate until they have worked an eight-hour day or a forty-hour week. Hours worked in excess of eight hours in one day or 40 hours in a week may be paid as overtime at 1 ½ times the employee’s hourly rate of pay or be banked as compensatory time earned at 1 ½ times the number of excess hours worked. ? Reword Current 11.1 If an employee is terminated from their employment, the City will pay out all accrued compensated time, to a maximum of eighty (80) hours, for those resigning employees who have provided sufficient notice and who are not terminated for unsatisfactory performance. Compensatory time off may be accrued to a maximum of eighty hours, which will be paid out to the employee at time of separation of employment ? Reword Current XXI-Holidays Providing that such employee shall work their regular work day preceding such holiday and the regular work day following such holiday, unless the employee is on vacation or absent from work because of an excused absence, or because of an accident suffered while performing his/her regular duties for the EMPLOYER. When a holiday New Year’s Day, Independence Day, Veteran’s Day or Christmas Day falls on a Sunday, the following Monday shall be celebrated as the holiday. When a holiday New Year’s Day, Independence Day, Veteran’s Day, or Christmas Day falls on a Saturday, the preceding Friday shall be celebrated as the holiday. Any premium pay for hours worked for holiday pay shall be based on the actual holiday, rather than the observed holiday. ? Reword Current Article XII – Call Back A call back is when an employee is required to return to called in for work at a time other than their normal scheduled shift. If called back, the employee will be compensated for a minimum of two (2) hours pay at one and one-half (1½) times the employee’s base pay rate. ? Holidays Move to On Christmas, New Year’s, Fourth of July, Thanksgiving, and the Friday after , Thanksgivingthe employee will receive double time. Balance of Holidays shall be at time and one-half (1½) for hours worked on the actual holiday, as other call out hours are paid as above. Article XX - Insurances Temporary employees are not eligible for insurance coverage City policy addresses eligibility for insurance coverage. 20.5 Dental Insurance All regular, full-and part-time employees may participate in the EMPLOYER’S dental insurance program at their own cost. Article II - Recognition The EMPLOYER recognizes the UNION as the exclusive representative for all employees of the City of Hastings’ Public Works, Parks, TRAC, and Facilities Maintenance departments who are public employees within the meaning of under Minnesota Statute, 179A.03, Subd. 14, excluding clerical, supervisory, and confidential employees. Section 179.71, Subd. 3, in an appropriate bargaining unit consisting of the following job classifications: Street Foreman/Heavy Assistant Utilities Equipment Operator Superintendent Heavy Equipment Maintenance III Operator/Mechanic Maintenance II Heavy Equipment Operator Maintenance I Light Equipment Operator Park Foreman Electrician Parkkeeper II Building Services Worker, Parkkeeper I Part-Time Parkkeeper/Assistant Arena Manager Parkkeeper/Forester Engineering Aide I Senior Engineering Technician Paratransit Driver, Full/Part- Engineering Aide II time BACKGROUND The tentative agreement was reached on Wednesday March 24, 2010, which included the assistance of a Mediator, from the Minnesota State Bureau of Mediation. Issues outlined in (g.) and (h.) above were those requiring the greatest discussion and deliberation, and with the help of the Mediator, both parties were able to reach an agreement. The other changes are more housekeeping type items and/or a reflection of the 2010 wage adjustments for all other Unions as the Police Supervisors and Fire have previously been approved, while the Patrol Officers contract is also on the April 5, 2010 agenda for approval. In addition, non-Union employees received the same type of market rate adjustments, with the zero percent COLA, thus there is consistency with all wage settlements throughout the City. In addition to reviewing this information with the City Council during the regular portion of the meeting, Staff would ask that the City Council take action, at the conclusion of the regular meeting in a closed door session to discuss in further detail, possible additional contract language that might be included in a separate memorandum of understanding as it relates to the pending conclusion of the TRAC program and the impact on the existing employees who are members of the 49er’s Union. Certain recall provisions and severance programs have been proposed by the Union, that Staff would like to discuss further with the City Council, during the course of a closed door session. David M. Osberg City Administrator