HomeMy WebLinkAboutVIII-10 Approve Collective Bargaining Agreement with IUOE Local 49 (2022-2023)
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Dan Wietecha, City Administrator
Date: November 15, 2021
Item: 2022-2023 Local 49ers Union Contract
Council Action Requested:
Approve the 2022-2023 union contract for Local 49ers.
Background Information:
It is recommended that the Council act approving the 2022-2023 collective bargaining
agreement for the Local 49er’s union. The contract term is for January 1, 2022 –
December 31, 2023.
Proposed changes include:
• 3.0% cost of living adjustment on January 1, 2022 and January 1, 2023.
• Language amendments related to license renewal.
• Increase LEO, Parkkeeper II by $1.70 per hour.
• Removal of Article XXIX – Heavy Equipment.
• Renewal of Memorandum of Understanding for Commercial Driver’s License.
• Renewal of Memorandum of Understanding for Alternative Work Week.
All other provisions of the contract will remain unchanged.
Financial Impact:
Wage adjustments are included in the 2022 budget. Other increases are minimal.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
International Union of Operating Engineers Local No. 49 Collective Bargaining
Agreement
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LABOR AGREEMENT
Between
CITY OF HASTINGS
And
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL No. 49
AFL-CIO
Effective January 1, 2022 through December 31, 2023
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Contents
Article I- Purpose of Agreement………………………………………………………………………….. 4
Article II- Recognition…………………………………………………………………………….……… 4
Article III- Union Security………………………………………………………………………..……… 4
Article IV – Employer Security .................................................................................................................. 5
Article V – Employer Authority .................................................................................................................. 5
Article VI – Employee Rights—Grievance Procedure ................................................................................ 6
Article VII - Definitions .............................................................................................................................. 9
Article VIII – Savings Clause ..................................................................................................................... 9
Article IX – Work Schedules, Overtime/Compensatory Time .................................................................... 9
9.1 Work Schedules .................................................................................................... 9
9.2 Work Schedule Changes ..................................................................................... 10
9.3 Overtime Pay [Except for Shift Changes] ........................................................... 10
9.4 Compensatory Time ............................................................................................ 11
9.5 Shift Differential ................................................................................................. 11
9.6 Call Back ............................................................................................................. 11
Article X - Holidays .................................................................................................................................. 12
Article XI – Wage Rates and Incentives ................................................................................................... 12
11.1 Classification ....................................................................................................... 12
Article XII – Legal Defense ...................................................................................................................... 15
Article XIII – Right of Subcontract........................................................................................................... 15
Article XIV - Discipline ............................................................................................................................ 15
Article XV - Seniority ............................................................................................................................... 15
Article XVI – Probationary Periods .......................................................................................................... 16
Article XVII – Safety and Clothing Allowance ........................................................................................ 16
Article XVIII – Job Posting ...................................................................................................................... 17
Article XIX - Insurances ........................................................................................................................... 17
19.1 Eligibility ......................................................................................................................... 17
19.2 Health Insurance .............................................................................................................. 17
19.3 Life Insurance .................................................................................................................. 18
19.4 Long-Term Disability…………………………………………………………………..…15
19.5 Dental Insurance .............................................................................................................. 18
19.6 Insurance Committee ....................................................................................................... 18
19.7 Post-Retirement Health Insurance Coverage .................................................................... 18
Article XX – Lunch Period and Rest Breaks ............................................................................................ 19
Article XXI – Vacation ............................................................................................................................. 19
Article XXII – Sick Leave and Other Leaves of Absence ......................................................................... 20
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22.1 Sick Leave ........................................................................................................... 20
22.2 Personal Leave .................................................................................................... 20
Article XXIII – Severance Pay ................................................................................................................. 21
Article XXIV – Leave of Absence ............................................................................................................ 21
Article XXV - Waiver ............................................................................................................................... 21
Article XXVI – Injured on Duty ............................................................................................................... 22
Article XXVII – Drug Testing Policy/Drug Free Workplace ................................................................... 22
Article XXVIII - Duration ........................................................................................................................ 22
Article XXIX – Seasonal Temporary Employees: .................................................................................... 22
Memorandum of Understanding: Commercial Driver’s License............................................................... 24
Memorandum of Understanding: Alternative Work Week ....................................................................... 26
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LABOR AGREEMENT
Between
THE CITY OF HASTINGS
And
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL No. 49
AFL-CIO
Article I – Purpose of Agreement
This Agreement is entered into between the City of Hastings hereinafter called
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 this
AGREEMENT’S interpretation and/or application;
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 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 Minnesota
Statute, 179A.03, Subd. 14, excluding clerical, supervisory, and confidential employees.
Article III – Union Security
In recognition of the UNION as the exclusive representative, the EMPLOYER shall:
3.1 Request for Dues Checkoff—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 with properly and legally executed assignments authorizing such
deductions in accordance with applicable law. The Union will inform the
Employer 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.
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3.2 Remit such deduction to the appropriate designated officer of the UNION.
3.3 The UNION may designate certain employees from the bargaining unit to act as
stewards and shall inform the EMPLOYER in writing of such choice.
3.4 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 IV – Employer Security
4.1 The UNION agrees that during the life of this AGREEMENT it will not cause,
encourage, participate in or support any strike, slow down or any other
interruption of or interference with the normal functions of the EMPLOYER.
4.2 Any employee who engages in a strike may have their appointment terminated by
the EMPLOYER effective the date the violation first occurs. Such termination
shall be effective upon written notice served upon the employee.
4.3 An employee who is absent from any portion of their work assignment without
permission, or who abstains wholly or in part from the full performance of their
duties without permission from their EMPLOYER on the date or dates when a
strike occurs is prima fascia presumed to have engaged in a strike on such date or
dates.
4.4 An employee who knowingly strikes and whose employment has been terminated
for such action may, subsequent to such violation, be appointed or reappointed or
employed or reemployed, but the employee shall be on probation for two (2) years
with respect to such civil service status, tenure of employment, or contract of
employment, as they may have theretofore been entitled.
4.5 No employee shall be entitled to any daily pay, wages, or per diem for the days on
which he (she) engaged in a strike.
Article V – Employer Authority
5.1 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, to perform any inherent managerial
function not specifically limited by this AGREEMENT.
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5.2 Any term and 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.
Article VI – Employee Rights—Grievance Procedure
6.1 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.
6.2 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.
6.3 Processing of a Grievance—It is recognized and accepted by the UNION and the
EMPLOYER that the processing of grievances 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 the
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 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.
6.4 Procedure—Grievances, as defined by Section 6.1 shall be resolved in
conformance with the following procedures:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation
or application of this AGREEMENT shall, within ten (10) calendar
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 five (5)
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, and the
remedy requested and shall be appealed to Step 2 within five (5)
calendar days after the EMPLOYER designated representative’s
final answer in Step 1. Any grievance not appealed in writing to
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Step 2 by the UNION within five (5) 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 five (5) calendar days after receipt of such Step 2 grievance.
A grievance not resolved in Step 2 may be appealed to Step 3
within five (5) calendar days following the EMPLOYER
designated representative’s final answer in Step 2. Any grievance
not appealed in writing to Step 3 by the UNION within five (5)
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
give the UNION the EMPLOYER’S answer in writing within five
(5) calendar days after receipt of such Step 3 grievance. A
grievance not resolved in Step 3 may be appealed to Step 4 within
five (5) 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 five (5)
calendar days shall be considered waived.
Step 4. If the grievance is still unsettled, the UNION may within ten (10)
calendar days after the reply of the Step 3 Representative was due,
by written notice to the EMPLOYER, petition the Bureau of
Mediation Services for assistance in settling through mediation. If
either party determines during the mediation process that further
mediation would serve no purpose, the UNION within ten (10)
calendar days by written notice to the EMPLOYER, may request
arbitration of the dispute.
Step 5. A grievance unresolved in Step 4 and appealed to Step 5 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.
6.5 Arbitrator’s Authority
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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 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.
6.6 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 agreement of the EMPLOYER and the UNION.
6.7 Choice of Remedy
If, as a result of the written EMPLOYER response in Step 4, the grievance
remains unresolved, and if the grievance involves the suspension, demotion, or
discharge of an employee who has completed the required probationary period,
the grievance may be appealed either to Step 5 of ARTICLE V or a procedure
such as: Civil Service, Veteran’s Preference, or Fair Employment.
If appealed to any procedure other than Step 5 of ARTICLE V the grievance is not
subject to the arbitration procedure as provided in Step 5 of ARTICLE V.
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The aggrieved employee shall indicate in writing which procedure is to be utilized
- Step 5 of ARTICLE VI or another appeal procedure, and shall sign a statement
to the effect that the choice of any other hearing precludes the aggrieved employee
from making a subsequent appeal through Step 5 of ARTICLE VI.
Article VII - Definitions
7.1 Union: The International Union of Operating Engineers, Local No. 49, AFL-CIO.
7.2 Employer: The individual municipality designated by this AGREEMENT.
7.3 Union Member: A member of the International Union of Operating Engineers,
Local No. 49.
7.4 Employee: A member of the exclusively recognized bargaining unit.
7.5 Base Pay Rate: The employee’s hourly pay rate exclusive of longevity or any
other special allowances.
7.6 Seniority: Length of continuous service with the EMPLOYER.
7.7 Severance Pay: Payment made to an employee upon honorable termination of
employment.
7.8 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 duties of employment for the
purposes of inducing, influencing or coercing a change in the conditions or
compensation or the rights, privileges or obligations of employment.
Article VIII – Savings Clause
This AGREEMENT is subject to the laws of the United States, the State of Minnesota,
and the signed municipality. 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 provision shall be
voided. All other provisions of this AGREEMENT shall continue in full force and effect.
The voided provision may be renegotiated at the request of either party.
Article IX – Work Schedules, Overtime/Compensatory Time
9.1 Work Schedules
A. The sole authority in work schedules is the EMPLOYER. The normal
workday for an employee shall be eight (8) hours. The normal workweek
shall be forty (40) hours, Monday through Friday.
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B. Service to the public may require the establishment of regular shifts for some
employees on a daily, weekly, seasonal, or annual basis other than the normal
7:00 a.m. - 3:00 p.m. day.
C. Service to the public may require the establishment of regular workweeks that
schedule work on Saturdays and/or Sundays.
D. In order that emergency work is done effectively and safely, the EMPLOYER
reserves the right to work with different departments for backup purposes,
such as snow removal; flood conditions, tree damage, etc. The EMPLOYER
agrees to pay higher hourly rates when appropriate. All extra time shall be
overtime and not compensatory time. In the case of snow removal, a
minimum training period shall be 8 hours whereby backup personnel will be
trained by Street Department personnel. It is also not the intent to take
overtime from one group to give to another.
9.2 Work Schedule Changes
1. The EMPLOYER will give seventy-two (72) hour advance notice to the
employees affected by the establishment of work days different from the
employee’s normal eight (8) hour work day.
2. In the event that work is required because of unusual circumstances such as
(but not limited to) fire, flood, snow, sleet, or breakdown of municipal
equipment or facilities, no advance notice need be given.
3. Winter Season Snow or Ice Removal—During the period of November 15 to
March 15, if work is required because of snow or ice removal, the employee
may be required to report early with no advance notice given. Snow removal
on Saturday will be paid at the overtime rate. (this provision shall be effective
December 31, 2010)
4. The employer shall provide the employees with the opportunity to work an
additional two hours of overtime, and each employee has an obligation to
work overtime if requested, unless unusual circumstances prevent them from
so working. In cases where an employee reports early to remove snow or ice
and subsequently works overtime during that same shift, the first hour of
overtime worked shall be taken as pay. If an employee is required to work
more than one hour of overtime that same day, those additional hours may be
taken as either compensatory time or overtime pay.
5. In situations where additional hours outside the normal work are
prescheduled, employees will be allowed to switch shifts with other qualified
employees, provided the switch does no result in any additional premium
and/or overtime pay.
9.3 Overtime Pay [Except for Shift Changes]
A. Overtime: Work performed at the express authorization of the EMPLOYER in
excess of either eight (8) hours within a twenty-four (24) hour period (except for
shift changes) or more than forty (40) hours within a seven (7) day period.
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B. It is not required that an employee working other than the normal work day be
scheduled to work more than eight (8) hours; however, each employee has an
obligation to work overtime or call backs if requested unless unusual
circumstances prevent them from so working.
Scheduled overtime such as work by the utilities personnel will not be included in
this one and one-half (1-½) times rate of pay provision.
C. Overtime will be distributed as equally as practicable.
D. Overtime refused by employees will be considered as unpaid overtime worked for
record purposes
E. For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded, or paid twice for the same hours worked.
F. Work on Sundays, which is unscheduled (callout), shall be paid at the one and
one-half (1 ½) times rate of pay. Specifically, this will refer to any time that is
unanticipated such as water main breaks, snow removal, and storm damage.
Scheduled overtime such as work by the utilities personnel will not be included in
this one and one-half (1 ½ ) times rate of pay provision.
9.4 Compensatory Time
1. Hours worked in excess of eight hours in one day and 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.
2. 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.
3. The employee must request use of compensatory time off in the same manner as
they request vacation.
4. Compensatory time off that has been approved will be done so on a seniority
basis.
9.5 Shift Differential
1. For Park Department employees only, all hours worked between the hours of
6:00 p.m. to 6:00 a.m. shall receive fifty cents ($.50) per hour shift differential
in addition to their regular straight time hourly rate.
2. The employees shall not collect both time and one-half (1-½) and shift
differential for the same hours.
9.6 Call Back
1. A call back is when an employee is required to return to work 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.
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Article X - Holidays
The EMPLOYER will provide the employees twelve (12) paid holidays to be as follows:
• New Year’s Day January 1
• Martin Luther King Day 3rd Monday in January
• Presidents Day 3rd Monday in February
• Memorial Day Last Monday in May
• Independence Day July 4
• Labor Day 1st Monday in September
• Veteran’s Day November 11
• Thanksgiving Day 4th Thursday in November
• Day After Thanksgiving
• Christmas Day December 25
• Two (2) Floating Holidays
10.1 When a holiday falls on a Sunday, the following Monday shall be celebrated as
the holiday. When a holiday falls on a Saturday, the preceding Friday shall be
celebrated as the holiday.
10.2 Any premium pay for hours worked for holiday pay shall be based on the actual
holiday, rather than the observed holiday.
10.3 All hours worked on actual holidays shall be paid in cash at the rate of one and
one-half (1½) times the straight time rate of pay. On Christmas, New Year’s, 4th
of July, Thanksgiving, and the Friday after Thanksgiving, the employee shall
receive double time (2x) the rate of pay.
Article XI – Wage Rates and Incentives
11.1 Classification
January 1, January 1,
2022 2023
Electrician
$38.30 $39.45
HEO/Mechanic $35.07 $36.12
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HEO $34.66 $35.70
LEO $33.66 $34.67
Maintenance III $33.90 $34.92
Parkkeeper/Forester $34.65 $35.69
Parkkeeper II $34.19 $35.22
Parkkeeper I/Arena $31.50 $32.45
Senior Eng. Tech. $37.03 $38.14
Eng. Aide II $35.68 $36.75
Eng Aide I $34.41 $35.44
PT Building Services $26.87 $27.68
Notes:
***Parkkeeper I working without a Supervisor at the Civic Arena, during Arena
operation months only, will receive the Parkkeeper/Assistant Arena Manager wage:
Monthly wages for new employees:
Start 70%
After 12 Months 80% of Parkkeeper I and L.E.O.,
After 24 Months 90% Engineering Aide I, Parkkeeper/Assistant
After 36 Months 100% Arena Manager, Part-time Building Services
Worker whichever department employee is hired.
11.2 Public Works Operator Wages
January 1, January 1,
2022 2023
Step 1(minimum) $28.73 $29.59
Step 2 30.31 $31.22
Step 3 32.23 $33.20
Step 4** 34.32 $35.35
Step 5 35.69 $36.76
Step 6 36.99 $38.10
**Not eligible for license incentive pay
All new employees will be hired as a Public Works Operator.
The City agrees to meet with the union to discuss creation of a step program for Parks
Operators and Engineering Technician positions.
Current employees have the option, at any time, to move to the Public Works Operator
position, at the appropriate step, once requirements for that step have been met. The City
will pay for training and testing one time per license. Employees shall not be denied
advancement because of non-funding to receive license or school reimbursement.
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11.3 Senior Operator Wages
January 1, January 1,
2022 2023
Start: $35.08 $36.13
6 months: 35.69 $36.76
12 months 36.35 $37.44
24 months 37.61 $38.74
The preceding wage schedules shall not constrain the Employer from hiring an
employee at any step in the schedule.
Out of Class Pay—Any employee working above their classification shall be
paid the rate of the classification. Said employee shall accumulate 8 hours before
payment shall be made for the higher classification. The minimum of Class D
License shall be required for all Maintenance I and Maintenance II workers,
except for those employees employed as of January 1, 1985.
Incentive Pay—Incentive increases for Water and Sewer personnel after
voluntary State Certification shall be automatic.
Class D Waterworks Operator - $30.00 per month
Class C Waterworks Operator - $40.00 per month
Class B Waterworks Operator - $65.00 per month
All CS Wastewater Licenses to be paid at a rate of $10.00 per month when in an
addition to any Waterworks Operators License and up to $20.00 per month when
it is held singularly.
DOT Inspection License - $30.00/month for up to two (2) staff
Playground Inspection Certification - $18.00 per month
11.4 License Fees—The City will pay for the additional, incremental cost above the
regular license renewal fee for any required Water, Wastewater or Commercial
Driver’s License (CDL) renewal. The City will also pay the costs associated with
acquiring required Water, Wastewater, Commercial Driver’s Licenses, and the
license examination fee. Employees will be required to reimburse the City for the
cost of said required water, wastewater and/or CDL licenses in the event they leave
the City within twelve (12) months of acquiring or renewing the license.
11.5 Longevity Pay—Longevity shall be payable as follows:
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After 5 years employment 1% monthly base pay
After 10 years employment 2% monthly base pay
After 15 years employment 3% monthly base pay
11.6 Lead Operator Pay
Effective June 1, 2006, a Lead Operator may be appointed at the discretion of the
Parks and Recreation Director or Parks Superintendent, to serve as a temporary
supervisor, assigning duties and managing daily activities and reporting to the
Parks and Recreation Director or Parks Superintendent. The Lead Operator shall
be compensated $2.00 per hour above the existing Park Keeper/Forester position.
The lead operator rotating position in Public Works will be eliminated and
replaced with a regular, full-time Senior Operator position.
11.7 Stand by Pay
Monday – Thursday $55.00/day
Friday $80.00/day
Saturday, Sunday & $85.00/day
Holidays (as defined in Article X)
Article XII – Legal Defense
12.1 Employees involved in litigation because of negligence, ignorance of Laws, non-
observance of Laws, or as a result of employee judgmental decision may not
receive legal defense by the municipality.
12.2 Any employee who is charged with a traffic violation, ordinance violation, or
criminal offense arising from acts performed within the scope of his/her
employment, when such act is performed in good faith and direct order of his/her
supervisor, shall be reimbursed for reasonable attorney’s fees and court costs
actually incurred by such employee in defending against such charge.
Article XIII – Right of Subcontract
Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER
from subcontracting work performed by employees covered by this AGREEMENT.
Article XIV - Discipline
The EMPLOYER will discipline employees only for just cause.
Article XV - Seniority
Seniority will be the determining criterion for transfers, promotions, layoffs, and recalls
only when all other qualification factors are equal.
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15.1 The EMPLOYER shall issue notice of layoff or recall from layoff to the Union
and affected permanent employees, in writing, to the last known address of any
such employees as shown by the EMPLOYER’S records, at least fourteen (14)
calendar days in advance of the effective date of the layoff or recall from layoff.
15.2 Laid off employees may be recalled from layoff on the basis of seniority for a
period of up to one year. Employees who are offered their former position and
refuse it shall be considered resigned. Laid off employees for a period of longer
than one year shall be considered dismissed.
Article XVI – Probationary Periods
16.1 All newly hired or rehired employees will serve a twelve (12) month probationary
period at the negotiated contract rate.
16.2 All employees will serve a twelve (12) month probationary period in any job
classification in which the employee has not served a probationary period.
16.3 At any time during the probationary period a newly hired or rehired employee may
be terminated at the sole discretion of the EMPLOYER.
16.4 At any time during the probationary period a promoted or reassigned employee
may be demoted or reassigned to the employee’s previous position at the sole
discretion of the EMPLOYER.
Article XVII – Safety and Clothing Allowance
17.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful
working conditions, to cooperate in safety matters and to encourage employees to
work in a safe manner.
17.2 The City will provide each employee an annual clothing allowance which will
allow employees to purchase jackets, bibs, t-shirts, Polos, sweat shirts, winter
hats, gloves and jeans.
17.3 The City will provide a standard work glove. If the employee prefers an
alternative glove it will be paid for out of their clothing allowance.
17.4 Employees shall not be eligible for safety equipment or uniform clothing
reimbursement during the 30 period prior to voluntary separation of employment.
Clothing Allowance: $335.00 per year
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17.5 Employees will be required to be in uniform each workday, with the uniforms in
good condition, free from tears, rips or fraying, including lettering that
distinguishes the employee as working for the City of Hastings.
Article XVIII – Job Posting
18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the
designated bargaining unit shall be filled based on the concept of promotion
and/or transfers from within provided that applicants:
• Have the necessary qualifications to meet the standards of the job vacancy;
and
• Have the ability to perform the duties and responsibilities of the job vacancy.
18.2 Employees filling a higher job class based on the provisions of this ARTICLE
shall be subject to the conditions of ARTICLE XVI [PROBATIONARY
PERIODS].
18.3 The Employer has the right to consider an internal candidate’s disciplinary and/or
performance record when considering transfer and promotions.
18.4 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.
Article XIX - Insurances
19.1 Eligibility
To be eligible for health, life, long-term disability, or other insurance coverage
offered and paid by the EMPLOYER, an employee must be a regular full-time
employee who is regularly scheduled for a minimum of thirty (30) hours per
week.
Regular, union part-time employees are not eligible for insurance benefits for
which the City contributes a part or all of the monthly premium. Regular, union
part-time employees are eligible to participate in the group insurance policies that
are offered by the City of Hastings where there is no City contribution to the
premium
19.2 Health Insurance
The City will agree to pay the cost of single health insurance coverage, if such
coverage is elected by the employee. Eligible employees may not waive single
coverage.
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The City will agree to contribute a percentage of premium as established by the
City Council, towards coverage other than single as offered by the City and
elected by the Employee. For 2022-2023 the City will contribute 70% towards the
premium of family plans and 65% towards the premium of employee plus spouse
and employee plus child(ren) plans. Employees will be responsible for paying the
remaining percentage of the premium, which will be done through payroll
deduction.
19.3 Life Insurance
All regular full-time employees will receive a $50,000 Life Insurance Policy with
the full cost of the basic life premium to be paid by the EMPLOYER. Employees
may elect additional life insurance coverage at their own cost.
19.4 Long-Term Disability
All regular full-time employees will receive a long-term disability insurance
policy. The City will pay for long-term disability premiums.
19.5 Dental Insurance
All regular, full-and part-time employees may participate in the EMPLOYER’S
dental insurance program at their own cost.
19.6 Insurance Committee
The EMPLOYER shall establish an Insurance Committee to review the insurance
policy in the event of a carrier or policy change. Members of the bargaining unit
are eligible to participate in the Insurance Committee.
19.7 Post-Retirement Health Insurance Coverage
The EMPLOYER shall provide paid health insurance for employees and their
dependents, for those employees until they reach the age of 65 years or the
qualifying age of Medicare, whichever is less, who meet the following
qualification requirements.
A) Hired prior to January 1, 1993
B) Retirement from the department after at least ten (10) years
C) Is at least 55 years of age or PERA qualifying age.
D) Have provided a minimum of four (4) months prior written notification of
their intent to retire; and
E) Are enrolled for family health insurance coverage for a minimum of six
(6) months prior to the planned date of retirement. In the event an eligible
retiree does not enroll in family health coverage six (6) months prior to
their retirement day, the City will only pay the premium for single
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coverage. Should the employee wish to maintain family coverage, the
retiree is responsible for the timely payment of the difference between the
single and family monthly premium. The City will pay the premium of the
plan to which the employee is enrolled in at six months prior to the
planned date of retirement.
Regular full-time employees hired after December 31, 1992 are not eligible for the
paid early retirement health insurance benefits. Employees hired after January 1,
1993, who are retiring, may remain on the City’s group health insurance
indefinitely, at their own expense. The employee shall pay the City in advance on
a monthly basis for the cost. The City will then remit payment to the insurance
company. When the former employee reaches age 65, the City may transfer the
former employee and covered dependents to a non-active employee pool. This
indefinite continuation is made available under Minnesota Statute §471.61, which
is also known as Chapter 488.
Article XX – Lunch Period and Rest Breaks
Covered employees have agreed to use their two, paid 15-minute rest breaks in a 30-
minute block of time. Covered employees have also agreed to take their 30-minute,
unpaid lunch break at the end of their shift.
Article XXI – Vacation
21.1 The employees shall be granted the following vacation schedule:
Years of Service Days
Vacation
Hours Vacation
1 5 40
2 to 5 12 96
6 13 104
7 14 112
8 15 120
9 16 128
10 17 136
11 18 144
12 19 152
13 20 160
14 21 168
15 22 176
20 or more 25 200
21.2 All vacation pay shall be accrued. Maximum carry-over provisions for vacation
are as follows:
0 - 5 years of employment 120 hours maximum
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6 - 10 years of employment 180 hours maximum
11+ years of employment 300 hours maximum
In the event an employee’s employment is terminated for any reason, the
employee shall receive upon their termination the vacation pay to which the
employee is entitled at the time on a prorated basis. No more than four
consecutive weeks of vacation can be taken at any one time. All vacations, in
excess of three (3) days, must be arranged at least thirty (30) days in advance, and
the times of such vacation shall be subject to the approval of the department head.
21.3 In computing vacation pay, length of service shall be figured from the anniversary
date of the employee.
21.4 Additional vacation can be accrued per ARTICLE 22.1-Sick Leave
Article XXII – Sick Leave and Other Leaves of Absence
22.1 Sick Leave
All employees of the EMPLOYER shall be entitled to accumulate one day of sick
leave for each month of employment. The maximum accumulation of sick leave
is one hundred twenty (120) days. Employees shall bank an additional one-half
(½) day per month of sick leave after the accumulation of the 120 days to be used
only in cases of very prolonged illnesses. Employees shall also accrue an
additional one-half (½) day per month of vacation leave after the accumulation of
the 120 days sick leave mentioned above. The one-half (½) day vacation shall be
added to the current accumulation of vacation leave. Sick leave will be granted
for employee sickness, on the job personal injury, employee temporary physical
disability and quarantine, or serious illness in the immediate family [i.e., spouse,
and children] when the attending physician certifies that the employee’s
attendance and assistance to the member of the family who is ill is required. The
EMPLOYER may require a doctor’s certificate on any sick leave claim that
exceeds three (3) days in length.
22.2 Personal Leave
All full time employees of the EMPLOYER shall be entitled to 40 hours personal
leave per occurrence. Personal leave for purposes of this paragraph includes and
is limited to death in the immediate family. Immediate family is defined as the
employee’s spouse, parent, child(ren)/step/foster, brother/sister, sister/brother-in-
law, mother/father-in-law, grandparents/spouse’s grandparents, grandchildren,
step-parents, legal guardians. Part-time employees are eligible for up to 20 hours
per occurrence.
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Article XXIII – Severance Pay
If an employee, after ten (10) years of service:
• Retires at age 65 (or otherwise provided by law); or
• Is forced to retire due a physical condition, including death, not allowing him/her the
employee 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, they or their
descendants will receive fifty percent (50%) of unused sick leave. Employees will be
allowed to draw from both the sick leave and extended sick leave banks as severance
pay, up to a maximum severance payout of 640 hours.
Under no circumstances will an employee receive more than 640 hours as a severance
payout.
Article XXIV – Leave of Absence
24.1 Employees subpoenaed as witnesses or called and selected for jury duty, when
such time served will coincide with any regularly scheduled work period(s) shall
receive their regular compensation and other benefits for their employment with
the EMPLOYER less the witness stipend received for each time served.
24.2 The UNION stewards may be present during discussions regarding problems
involving employees when their presence has been requested by the employee.
24.3 The EMPLOYER agrees to grant necessary time off without pay to any employee
designated by the UNION to attend a labor convention or to serve in any other
official UNION capacity.
Article XXV - Waiver
25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with the
provisions of this AGREEMENT, are hereby superseded.
25.2 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 waive the right to meet and negotiate regarding any and all terms
and conditions of employment referred to or covered in this AGREEMENT or
with respect to any term or condition of employment not specifically referred to or
covered by this AGREEMENT, even though such terms or conditions may not
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have been within the knowledge or contemplation of either or both parties at the
time this contract was negotiated or executed.
Article XXVI – Injured on Duty
26.1 Employees injured while on duty will receive full pay for a maximum of thirty
(30) working days while unable to work due to such injury. The first seven (7)
working days lost due to an injury on duty will be charged to the employee’s sick
leave account. An employee with no sick leave accumulated will not receive
payment for the first seven (7) working days lost.
26.2 Any compensation payable to the employee under Workers’ Compensation
insurance will be reported to the EMPLOYER. The EMPLOYER shall make
supplementary payments to the employee (not to be charged to the employee’s
accumulated sick leave) to make up the difference between Workmen’s
Compensation and their normal rate of pay.
26.3 Any employee who claims an absence from work due to an injury sustained on the
job shall provide if requested by the EMPLOYER a statement from the
employee’s attending physician as to the nature of the injury.
26.4 Any employee who claims an absence from work due to an injury sustained on the
job is subject to an examination to be made in behalf of and paid for by the
EMPLOYER by a person competent to perform the same and as is designated by
the EMPLOYER.
Article XXVII – Drug Testing Policy/Drug Free Workplace
27.1 The EMPLOYER and the UNION agree to continue the Drug Testing Program for
those employees required to possess a valid Commercial Driver’s License as
required by federal and state drug testing regulations.
27.2 All employees will maintain a drug free workplace in accordance with the Drug
Free Workplace Policy for the City of Hastings’ employees.
Article XXVIII - Duration
This AGREEMENT shall be effective as of January 1, 2022 and shall remain in full force
and effect until December 31, 2023.
Article XXIX – Seasonal Temporary Employees:
Public Employees covered under this AGREEMENT who are hired on a seasonal or
temporary basis for 180 days per calendar year or less, are not eligible for any benefits of
the LABOR AGREEMENT. No seasonal or temporary employees shall operate any
equipment requiring a Commercial Driver’s License or any heavy equipment.
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No seasonal employees will be hired while any bargaining unit members are in layoff
status. Seasonal employees will not be paid more than 60% of the lowest base union
compensation rate.
Approved by the Hastings City Council:
Date: ____________________
Approved by the IUOE Local No. 49
Date: ___________________
FOR THE CITY OF HASTINGS: FOR THE INTERNATIONAL UNION
OF OPERATING ENGINEERS,
LOCAL No. 49:
Mary Fasbender, Mayor Jason George, Business Manager
Dan Wietecha, City Administrator Jonathan Turner, Area Business
Representative
Kelly Murtaugh, City Clerk Josh Sirinek, Steward
Robert Clark, Steward
Tim Tessier, Steward
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CITY OF HASTINGS AND I.U.O.E., LOCAL No. 49
Memorandum of Understanding: Commercial Driver’s License
The purpose of this Memorandum of Understanding is to assist both Labor and
Management in dealing with Commercial Driver’s License (CDL) rules and the pending
changes to those rules.
The following conditions will apply to employees in the Local 49 Bargaining Unit.
A. If an employee temporarily loses his/her driver’s license and CDL, the Employer
may choose, on a case-by-case basis, to accommodate the employee by assigning
him/her to duties that do not require a driver’s license/CDL, not to exceed twelve
(12) months during the employee’s tenure with the City, and/or not to exceed two
(2) revocations as a result of driving violations.
B. If the temporary loss of a driver’s license is the result of an alcohol-related
offense, the employee will be required to comply with the recommendations of a
licensed Substance Abuse Professional. Proof of compliance with the Substance
Abuse Professional recommendations will be provided to the Employer before an
employee will be permitted to return to work.
C. The application of this agreement will begin for an individual as of the date of
his/her license revocation regardless of subsequent procedures contesting the
revocation.
D. This Memorandum of Understanding applies to driving violations outside the
workplace.
E. This Memorandum of Understanding does not include positive test results from
applicable state or federal required testing procedures, including but not limited to
random testing.
F. A $2.00 per hour decrease in pay will begin as of the revocation date. Any hourly
wages not paid to an employee during the revocation of the employee’s driver’s
license/CDL will not be reimbursed regardless of the outcome of any subsequent
contesting of the revocation.
This Memorandum will remain in effect from January 1, 2022, through December 31,
2023. This agreement may be terminated by either party’s request with 90 days written
notification. As of January 1, 2022, this Memo may be extended, modified, or eliminated
at either party’s request.
Approved by the Hastings City Council:
Date: _________________
Approved by the IUOE Local No. 49
Date: _________________
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FOR THE CITY OF HASTINGS: FOR THE INTERNATIONAL UNION
OF OPERATING ENGINEERS,
LOCAL No. 49:
Mary Fasbender, Mayor Jason George, Business Manager
Dan Wietecha, City Administrator Jonathan Turner, Area Business
Representative
Kelly Murtaugh, City Clerk Josh Sirinek, Steward
Robert Clark, Steward
Tim Tessier, Steward
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CITY OF HASTINGS AND I.U.O.E., LOCAL No. 49
Memorandum of Understanding: Alternative Work Week
I. Purpose: The purpose of this Memorandum of Understanding is to provide for a
change in overtime payments under the current Labor Agreement. Whenever the City
of Hastings and I.U.O.E. Local 49 agree that employees may work a schedule
different than the ones outlined in the contract, the requirements of Article XI, Section
11.1, shall be modified.
II. Alternative Work Week Schedules
a. In the event that the City of Hastings establishes a work week of four (4)
consecutive ten (10) hours days (7:00 a.m. to 5:00 p.m.), Monday through
Thursday or Tuesday through Friday, overtime will be paid only after ten (10)
hours of work in one day or forty (40) hours of work in one week.
b. In the event that the City of Hastings establishes a work week of four (4)
consecutive nine (9) hour days (7:00 a.m. to 4:00 p.m.) and one (1) four (4) hour
day (7:00 a.m. to 11:00 a.m.), Monday through Friday, overtime will be paid only
after nine (9) hours of work in one (1) day or forty (40) hours in one week.
c. In the event that the City of Hastings establishes a work week of four (4)
consecutive eight (8) hour and fifteen (15) minute days (6:45 a.m. to 3:00 p.m.)
and one (1) seven (7) hour day (6:45 a.m. to 1:45 p.m.) Monday through Friday,
overtime will be paid only after eight (8) hours and fifteen (15) minutes of work in
one day or (40) hours in one week.
III. Holidays
a. For a week with a holiday, employees working a “four-10’s” shift will work three
(3) ten (10) hour days, be paid for eight (8) hours of holiday pay, and use two (2)
hours of vacation or compensatory time to account for their weekly hours.
b. For a week with a holiday, employees working a “four-9’s and one 4” shift will
work be paid for eight (8) hours of holiday pay and use one (1) hour of vacation or
compensatory time to account for their weekly hours.
c. For a week with a holiday, employees working a “four 8 and 15’s and one 7” will
be paid for (8) hours of holiday pay, and use fifteen (15) minutes of vacation or
compensatory time to account for their weekly hours.
IV. Use of Leave
a. Any use of vacation, sick, or compensatory time will be accounted for as ten (10)
hours per day of usage.
b. Any use of vacation, sick, or compensatory time will be accounted for as either
nine (9) or four (4) hours per day of usage, depending on the employee’s schedule.
c. Any use of vacation, sick or compensatory time will be accounted for as either
eight (8) hours and fifteen (15) minutes or seven (7) hours per day of usage,
depending on the employee’s schedule.
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V. Effective This Memorandum will remain in effect during the current Labor
Agreement. This agreement may be terminated by either party’s request with 7 days
written notification. Termination of the Memorandum of Understanding is not cause
for grievance. This Memo may be extended, modified, or eliminated at either party’s
request.
Approved by the Hastings City Council:
Date: __________________
Approved by the IUOE Local No. 49
Date: __________________
FOR THE CITY OF HASTINGS: FOR THE INTERNATIONAL UNION
OF OPERATING ENGINEERS,
LOCAL No. 49:
Mary Fasbender, Mayor Jason George, Business Manager
Dan Wietecha, City Administrator Jonathan Turner, Area Business
Representative
Kelly Murtaugh, City Clerk Josh Sirinek, Steward
Robert Clark, Steward
Tim Tessier, Steward
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