HomeMy WebLinkAboutVIII-04 Approve 2022 Fire Captains Agreement with Stipulation
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Dan Wietecha, City Administrator
Date: February 7, 2022
Item: 2022 Minnesota Teamsters Public and Law Enforcement Employees Union, Local
#320 Fire Captains Unit and Fire Marshal Stipulation
Council Action Requested:
Approve the 2022 contract for the Fire Captains Unit and Stipulation moving Fire Marshal
into the Unit.
Background Information:
It is recommended that the Council act approving the 2022 collective bargaining
agreement for the Local #320, Fire Captains Unit. The contract term is for January 1,
2022 – December 31, 2022.
Proposed changes include:
• 3.0% cost of living adjustment effective January 1, 2022
• Language clarifying hours of work.
• Language addressing overtime on holidays.
• Adding MOU on Mental Health and Wellness program.
• Stipulation on moving Fire Marshal into the Fire Captains Unit.
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:
N/A
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LABOR AGREEMENT
between
CITY OF HASTINGS
and
MINNESOTA TEAMSTERS PUBLIC AND
LAW ENFORCEMENT
EMPLOYEES UNION, LOCAL #320
REPRESENTING
FIRE CAPTAIN'S UNIT
January 1, 2022 – December 31, 2022
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TABLE OF CONTENTS
Article I. Purpose of Agreement 1
Article II. Recognition 1
Article III. Definitions 1
Article IV. Employer Security 2
Article V. Employer Authority 2
Article VI. Union Security 3
Article VII. Employee Rights—Grievance Procedure 3
Article VIII. Savings Clause 5
Article IX. Seniority 5
Article X. Discipline 6
Article XI. Constitutional Protection 6
Article XII. Hours of Employment 6
Article XIII. Legal Protection 6
Article XIV. Overtime 6
Article XV. Holidays 7
Article XVI. Education Instructional Time 7
Article XVII. Vacation 8
Article XVIII. Sick Leave and Other Leaves of Absence Filling Shift 8
Article XIX. Severance Pay 8
Article XX. Insurance 9
Article XXI. Injured on Duty 10
Article XXII. Uniforms 10
Article XXIII. Wages 10
Article XXIV. Waiver 11
Article XXV. Post-Retirement Health Care Savings Account 11
Article XXVI. Duration 12
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LABOR AGREEMENT
between
CITY OF HASTINGS
and
MINNESOTA TEAMSTERS PUBLIC AND
LAW ENFORCEMENT EMPLOYEES' UNION,
LOCAL #320 FIRE CAPTAINS UNIT
ARTICLE I. PURPOSE OF AGREEMENT
This Agreement is entered into as of January 1, 2021 between the City of Hastings, hereinafter called the
Employer, and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local #320, hereinafter
called the Union.
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or
application; and
1.2 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 shall continue their dedication to the highest quality fire
service and protection to the residents of Hastings. Both parties recognize this Agreement as a pledge of this
dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Statutes, Section
179A.31, Subd. 3, for all essential supervisory Fire Captains employed by the City of Hastings Fire &
EMS Department, Hastings, Minnesota who are public employees within the meaning of Minn. Stat.
179.03 Subd. 14 excluding all other employees.
2.2 In the event 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 Services for
determination.
ARTICLE III. DEFINITIONS
3.1 Union: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local #320.
3.2 Employee: A member of the City of Hastings Fire & EMS Department.
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3.3 Union Member: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union,
Local #320.
3.4 Department: The City of Hastings Fire & EMS Department.
3.5 Employer: The City of Hastings.
3.6 Fire & EMS Director: The Fire and Emergency Medical Services Director for the City of Hastings.
3.7 Union Officer: Officer elected by the Minnesota Teamsters Public and Law Enforcement Employees’
Union, Local No. 320.
3.8 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 the duties of employment for the purposes of inducing, influencing or coercing a change
in the conditions or compensations or the rights, privileges or obligations of employment.
3.9 Day: A day is defined as twelve (12) hours for Fire Captain, unless otherwise specified.
3.10 Probationary Period: All new, regular employees will serve a twelve (12) month probationary period.
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, slowdown or 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 or employment terminated by the
Employer effective the date the violation first occurs. Such termination shall be effective upon written notice
served upon the employee. An employee who is absent from any portion of his/her work assignment without
permission, or who abstains wholly or in part from the full performance of their duties without permission from
the Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike
on such date or dates. 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 re-employed, but
the employee shall be on probation for two (2) years with respect to such civil service status, tenure or
employment, or contract of employment, as they may have theretofore been entitled. No employee shall be
entitled to any daily pay, wages or per diem for the days on which they engage 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, and to perform any inherent managerial function not specifically limited by
this Agreement.
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.
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ARTICLE VI. UNION SECURITY
6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount
necessary to cover monthly dues, or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd.
2, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the
Union.
6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall
inform the Employer in writing of such choice and changes in the position of steward and/or alternate.
6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and
announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, order, or
judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer
under the provisions of this Article.
ARTICLE VII. EMPLOYEE RIGHTS—GRIEVANCE PROCEDURE
7.1 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.
7.2 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, as provided by Section 6.2 of this Agreement.
7.3 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 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 approval of the
designated supervisor who has determined that such absence is reasonable and would not be detrimental to the
work of the Employer.
7.4 Procedure. Grievances, as defined in 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 twenty-one (21) 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 ten (10) 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 ten (10) calendar days after the Employer-designated representative's
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final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) 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 ten (10) calendar days after receipt of such Step 2 grievance. A grievance not
resolved in Step 2 may be appealed to Step 3 within ten (10) 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 ten (10)
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 ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in
Step 3 may be appealed to Step 4 within ten (10) 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 ten
(10) calendar days shall be considered waived.
Step 4. If the grievance is still unresolved in Step 3, the UNION and EMPLOYER may agree, within ten (10)
calendar days after the reply of the Step 3 Representative was due, to 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 by the Union shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended.
The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of
Grievances" as established by the Bureau of Mediation Services.
7.5 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 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 the Union provided that each party shall be responsible for compensating its own representatives and
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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.
7.6 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 written agreement of the Employer and the Union in each step.
ARTICLE VIII. SAVINGS CLAUSE
The Agreement is subject to the laws of the United States, the State of Minnesota and the City of Hastings. 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 provisions shall be voided. All other provisions
of this agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of
either party.
ARTICLE IX. SENIORITY
9.1 "Total seniority" shall be determined by the employee's length of continuous full-time employment with the
Fire & EMS Department.
"Classification seniority" shall be defined as the length of cumulative service in a specific job classification
with the EMPLOYER where "total seniority" remains unbroken. Classification seniority is used to determine
the order of layoff when there is a specific reduction in a classification.
The department shall maintain and post a current seniority list during this AGREEMENT.
9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of
the Employer. During the probationary period, a promoted or reassigned employee may be replaced in
his/her previous position at the sole discretion of the Employer.
9.3 Reduction of work force will be accomplished on the basis of total seniority. Employee shall be recalled from
layoff on the basis of total seniority. An 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.
9.4 Vacations will be selected on the basis of classification seniority from October 17 to October 31 of the current year.
This will be done annually and covers the period from January 1st of the following calendar year to December 31st
of the following calendar year. Vacation selection will be approved by the employer no later than November 14th
of the current year. After November 14th or post approval, all vacation requests will be first come first serve until
the next vacation selection process.
9.5
ARTICLE X. DISCIPLINE
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10.1 The Employer will discipline employees for just cause only. Discipline will be in one of the following forms:
a) oral reprimand;
b) written reprimand;
c) suspension;
d) demotion; or
e) discharge.
10.2 All discipline will be reduced to writing.
10.3 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. The employee and the Union will
receive a copy of such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable times under the direct
supervision of the Employer.
10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee
has been given an opportunity to have Union representatives present at such questioning.
ARTICLE XI. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution.
ARTICLE XII. HOURS OF EMPLOYMENT
12.1 The regular workweek for Fire Captains shall consist of an average of fifty-three (53) hours in one (1) week.
The regular workweek for Fire Marshal shall consist of forty (40) hours in one (1) week.
12.2 The Employer may from time to time, in its sole discretion, temporarily adjust a Fire Captain’s work schedule
to forty (40) hours in one (1) week for purposes of alternate job assignment such as light duty or training. In
the event of such temporary schedule, the Fire Captain’s wage shall be adjusted such that the temporary
hourly rate of the forty (40) hour workweek is 1.325 times the hourly rate of the fifty-three (53) hour workweek.
Such temporary schedule adjustment does not include furlough or other reduction in force.
12.3 Fire Captains scheduled to a fifty-three (53) hour workweek shall work normal shifts that are twenty-four (24)
consecutive hours.
12.4 An employee who is not required to remain on the Employer's premises and is free to engage in their own
pursuits, subject only to the understanding that the employee leave word at their home or with the Employer
where they can be reached by the Employer, they are not working while "on call." When an employee is
called out on a job assignment, only the time actually spent on making the call may be counted as hours
worked.
12.5 Shift changes will be allowed, with prior supervisor approval, at any time during the current posted master
schedule. Shift trades will not result in overtime or create a forty-eight (48) hour shift.
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ARTICLE XIII. LEGAL PROTECTION
All employees shall be given legal protection as provided for under Minnesota and Federal Statutes.
ARTICLE XIV. OVERTIME
All employees required to work at times other than their scheduled hours of employment will be paid at one and one-half
(1½) times their regular hourly rate. If an employee is assigned to respond to the fire station at any time while not regularly
scheduled to work, such pay shall be at the regular overtime rate. A minimum of one and one-half (1½) hours at overtime
rate will be paid for ambulance and fire calls. Overtime will be distributed as equally as practicable.
Hours scheduled to work on New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, 4th of July, Labor
Day, Veterans Day, Thanksgiving, the day following Thanksgiving, and Christmas will be paid at 1.5 times the regular
hourly rate. Premium pay is earned for those hours worked on the actual holiday listed above. If an individual is called back
for shift overtime on New Year’s Day, 4th of July, Thanksgiving Day, and Christmas Day, that employee will receive an
additional 0.5 time on top of their premium pay.
Use of vacation or sick time, during the work period defined by the City, does not count towards hours worked for
calculating FLSA overtime eligibility.
ARTICLE XV. HOLIDAYS
Fire Captains shall be paid for seventy-two (72) hours holiday pay, paid by separate check no later than the first Friday after
the first payday in December each year, regardless of the number of holidays actually worked. Holiday pay will be based on
their individual hourly rate. Employees hired or separated from employment after January 1 of any calendar year shall earn
holiday credit based on a pro-rated schedule of 1/12th of the total number of holidays granted in the paragraph above for
each month or major fraction thereof worked.
Fire Captains shall receive a credit for 72 hours that shall be taken as additional vacation days. These days must
be taking during the year in which they are earned. These hours may be taken in twelve (12) or twenty-four (24)
hour increments. Vacation day usage shall not result in overtime.
ARTICLE XVI. EDUCATION INSTRUCTION TIME
Mandatory instructional/educational time shall be paid at the individuals' overtime rate while not on duty.
ARTICLE XVII. VACATION
17.1 For Captains, vacation shall be accumulated on the following twelve (12) hour day basis:
YEAR OF SERVICE DAYS OF VACATION
0- 1 year 8 days (96 hours)
After 1 thru 5 years 10 days (120 hours)
After 5 years 11 days (132 hours)
After 6 years 12 days (144 hours)
After 7 years 13 days (156 hours)
After 8 years 14 days (168 hours)
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After 9 years 15 days (180 hours)
After 10 years 16 days (192 hours)
After 11 years 17 days (204 hours)
After 12 years 18 days (216 hours)
After 13 years 19 days (228 hours)
After 14 thru 19 years 20 days (240 hours)
After 19 years 25 days (300 hours)
Years of Service Vacation Maximums
(Approved by City Council
09-05-95)
0-5 Years 180 Hours Maximum
6-10 270 Hours Maximum
11+ years 450 Hours Maximum
17.2 All vacation pay shall be accrued, and in the event an employee's employment is terminated for any reason, the
employee shall receive, upon their termination the vacation pay which they have coming at that time on a pro-rate
basis. No more than four (4) consecutive weeks (212 hours) for Fire Captains vacation can be taken at one
time.
17.3 In computing vacation pay, length of service shall be based upon the anniversary date of the day an
employee commences employment as a full-time employee.
ARTICLE XVIII. SICK LEAVE AND OTHER LEAVES OF ABSENCE
18.1 Sick Leave: Sick leave will be granted pursuant to Federal Regulations, State Statute and FMLA. All
employees of the City shall be entitled to accumulate one (1) day of sick leave for each month of employment. The
Employer may require a doctor’s certificate of any sick leave claim by a Fire Captain that exceeds three (3)
consecutive 24-hour shifts.
Prolonged Illness Bank
Captains: Sick leave balances in excess of one hundred thirty (130) days (1560 hours) shall receive eight
(8) hours of sick leave (to be placed in a prolonged illness sick leave bank) and four (4) hours of vacation for each
month of employment.
18.2 Personal Leave: All Fire Captains of the City shall be entitled to six (6) days (72 hours) personal leave per
occurrence, which shall not accumulate. Personal leave for purpose of this paragraph includes and is
limited to: Death in the immediate family, death of spouse, parent, brother, sister, child, grandchild,
grandparent, and spouse's parent, brother, sister, child, grandchild, grandparent. Immediate family also
includes “step" family members of the employee or employee's spouse.
18.3 Jury Duty: Employees called and selected for Jury Duty shall receive their regular compensation and other
benefits for their employment, less the amount received by them as a Juror.
18.4 Union Leave: The City 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.
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18.5 Court Time: An employee who is required to appear in Court and/or for a Deposition during their
scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1½) time the
employee's base pay rate. An extension or early report to a regularly scheduled shift for Court or Deposition
appearance does not qualify the employee for the two (2) hour minimum.
ARTICLE XIX. SEVERANCE PAY
If an employee retires at age 65, or as otherwise provided by law, or is forced to retire due to physical condition not allowing
them to continue gainful employment, or voluntarily 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, all and in each case after ten (10) years of service, he/she will
receive fifty percent (50%) of unused sick leave and prolonged illness sick leave, based on his/her current hourly rate, as
severance pay of the first 160 days of accumulated sick leave.
Maximum payment:
• Captain: up to a maximum of the first 160 days (1920 hours) of accumulated sick leave.
ARTICLE XX. INSURANCE
Health
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.
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 2021 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.
Life
All regular employees will also receive a $50,000 Life Insurance Policy effective upon date of agreement of this contract
with the full cost of the premiums to be paid for by the City.
Long-Term Disability
Also, the City will provide a long-term disability insurance policy with no cost to the employee, as follows:
Eligibility: Each active, full-time employee who works a minimum of thirty (30) hours per week, except temporary
employees.
Qualifying Period: Benefits accrued with respect to any one period of total disability after the expiration of a qualifying
period of three (3) consecutive months.
Benefit Period: Monthly benefits are payable during the continuance of total disability as follow, but in no event are
benefits payable beyond the attainment of age 65.
a. Total disability due to sickness to age 65.
b. Total disability due to an accident to age 65.
Monthly Schedule Amount: Sixty percent (60%) of normal monthly earnings to a maximum benefit of $5,000.
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ARTICLE XXI. INJURED ON DUTY
21.1 Employees injured while on duty will receive full pay for a maximum of ninety (90) working days while unable to
work due to such injury. The first three (3) working days lost due to an injury on duty will be charged to an
employee's sick leave account as part of worker's compensation "waiting period". If a work-related injury continues
past ten days, the first three days which have been charged to the employee's sick leave account will be
reimbursed to the employee. An employee with no sick leave accumulation will not receive payment for the
first three (3) working days lost.
21.2. Any compensation payable to the employee under Worker's Compensation insurance will be reported to the
Employer. The Employer shaft make supplementary payments to the employee (not to be charged to the
employee's accumulated sick leave) to make up the difference between Worker's Compensation and his/her
normal rate of pay.
21.3 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.
21.4 Any employee who claims an absence from work due to an injury sustained on the job is subject to an
examination to be made on behalf of and paid for by the Employer by a person competent to perform the
same and as is designated by the Employer.
ARTICLE XXII. UNIFORMS
The Employer agrees to supply dress uniforms, work uniforms and turn out gear as required.
ARTICLE XXIII. WAGES
23.1 Effective January 1, 2022 3.0% cost of living adjustment.
Wages for the term of the contract will be adjusted as follows:
January 1, 2022
Captain 3.0% COLA
Hourly
24 months $34.35
12 months $33.22
Start $32.13
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January 1, 2022
Fire Marshal 3% COLA
Hourly
Start $36.06
6 months $37.40
12 months $38.92
24 months $43.26
36 months $44.69
Retro pay is only paid to current City employees.
23.2 Longevity
Longevity shall be payable as follows:
1% after five (5) years
2% after ten (10) years
3% after fifteen (15) years
ARTICLE XXIV. WAIVER
24.1 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.
24.2 The parties mutually acknowledge that during the negotiations which 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 understanding 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 unqualified waives 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 have been
within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or
executed.
ARTICLE XXV. POST RETIREMENT HEALTH CARE SAVINGS ACCOUNT
If the Union chooses to establish a Post Retirement Health Care Savings Account, the City agrees to management
the administration of that account.
Retirement Health Savings Plan (RHS) - The Union and the City agree to implement a RHS plan as agreed upon by
the membership. It is understood there will be no charge to the current level of severance payout calculations.
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ARTICLE XXVI. DURATION
This Agreement shall be effective as of January 1, 2022 and shall remain in full force and effect until the thirty-first
day of December, 2022.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
MINNESOTA TEAMSTERS PUBLIC & LAW
ENFORCEMENT EMPLOYEES' UNION, LOCAL
CITY OF HASTINGS NO. 320
Approved by City Council: Approved by Union:
_____________________________________ _____________________________________
Mary D. Fasbender, Mayor Date Vance Rolfzen, Business Agent Date
_____________________________________ _____________________________________
Dan Wietecha, City Administrator Date Jamie Stevens, Union Steward Date
_____________________________________
Kelly Murtaugh, City Clerk Date
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Memorandum of Understanding: Mental Health and Wellness Program
This Memorandum of Understanding (MOU) is entered into by and between the City of Hastings (“City”)
and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local #320 (“Union”), on
behalf of the Fire Captains bargaining unit, for the purpose of establishing guidance for an employee
mental health and wellness program. The City and Union shall collectively be referred to as “the
Parties.”
WHEREAS, the Hastings Fire Department (“Fire Department”) recognizes that, during the course
of performing their job duties, Fire Department employees may become involved in or exposed to
incidents that have the potential to cause various forms of short-or long-term emotional and
psychological trauma; and
WHEREAS, the Fire Department is committed to supporting the mental health and wellness of
its employees by providing them with resources that will help ensure stability and longevity in the
personal and professional lives of each employee; and
WHEREAS, the Fire Department desires to provide employees with cost-free mental health
services from a qualified mental health professional that specializes in working with public safety
employees; and
WHEREAS, the City and Union are parties to a 2022-2023 collective bargaining agreement
(“CBA”) which does not contain any negotiated language over the establishment or participation of Fire
Department employees in a mental health program; and
WHEREAS, the Parties agree that the establishment and implementation of a mandatory mental
health program is the subject of bargaining; and
NOW, THEREFORE, BE IT RESOLVED, in consideration of the foregoing recitals, the Parties
hereby agree as follows:
Purpose:
This policy establishes the Hastings Fire Department Mental Health Program. The purpose of this
program is to ensure the mental health and well-being of employees. This policy defines the
program that shall be provided by the Department to all employees, along with the roles and
responsibilities of the employee and the Fire Department.
Policy:
The Hastings Fire Department hereby establishes a Mental Health Program. Along with the
annually required physical exam, employees will participate in an annual mental health
consultation to identify any potential conditions or problems that affect the employee’s health
and wellness. All staff who engage in firefighting and emergency medical services will attend one
mandatory session with a mental health provider each year. Failure to comply with this
requirement can be cause for disciplinary action.
Procedure:
1. Participation in this program is mandatory for all full-time and paid on-call personnel who
engage in firefighting, rescue and emergency medical services activities.
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2. Employees will complete at least one (1) appointment with the Fire Department’s approved
mental health provider every year.
3. The Fire Department will allow employees the necessary time away from their scheduled
work duties to attend the mandatory mental health appointment without loss of pay or
deduction of leave.
4. In the event the mental health appointment must be scheduled when an employee is off
duty, the employee will be compensated at the employee’s overtime rate of pay for the
appointment and travel time from the employee’s home to and from the mandatory
appointment.
Designated Provider:
The Fire Department will appoint one designated provider annually. An employee who is
already under the care of another provider will have the ability to notify the designated provider
that they are already receiving mental health counseling through another provider. The
designated provider will then verify that the employee has met the requirement of attendance
with Department administration, without disclosing any further information.
The designated provider, in special circumstances, may refer individuals to other providers who
may offer specialized services.
Mental Health Program Committee:
A committee shall be established to implement and manage the Mental Health Program. The
committee will consist of one representative from IAFF Local #5113, one representative of
Teamsters Local #320, one paid-on-call representative, and one Chief. The committee will be
responsible for the following:
• Providing input and assistance in the development and implementation of
programs related to mental health.
• Making recommendations on the type and content of mental health awareness
and related programs, services, or training.
• Distributing applicable mental health related information to employees.
• Evaluating the overall effectiveness of programs related to mental health.
• Evaluating and recommending approved mental health providers to Fire
Department Administration.
• Participation in the committee shall not be considered negotiation by the
bargaining unit.
Critical Incident Stress Debriefings
Employees are strongly encouraged to participate in Critical Incident Stress Debriefings when
they occur. Employees are also strongly encouraged to request that a CISD session be arranged
following critical incidents. Participation in a CISD does not meet the annual attendance
requirement of the mental health program.
Confidentiality
The communication between the any mental health care provider and the employee is
privileged and therefore the Department considers all mental health appointments,
communication during the appointment, and any recommendations as confidential in
accordance with all applicable State and Federal privacy laws. The mental health care provider
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shall be prohibited from sharing any employee information other than confirming with the
Department that an employee was or was not compliant with the program’s directive of
attending one appointment by the end of each year.
Follow Up Visits
If an employee or the care provider feels that services beyond the one (1) required appointment
would be needed or beneficial for the employee, the care provider may create a referral at the
employee’s discretion. Additional resources are available to the employee through the City’s
Employee Assistance Program (EAP) as well as the employee’s health insurance.
1. These additional appointments are not mandatory.
2. Up to five (5) additional appointments will be provided through the Fire Department.
3. As with any other medical appointment, employees will not be compensated for time spent
at additional appointments. Employees are eligible to use sick leave to attend additional,
non-mandatory appointments while on duty.
4. If the employee wishes to schedule follow up appointments with the care provider, the
employee may schedule those appointments directly with the provider.
[The Remainder of this Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by its duly authorized
representatives.
CITY OF HASTINGS MINNESOTA TEAMSTERS PUBLIC AND
LAW ENFORCEMENT EMPLOYEES
UNION, LOCAL #320
Approved by the Hastings City Council: Approved by Union:
____________________________________ _______________________________
Mary D. Fasbender, Mayor Vance Rolfzen, Business Agent
____________________________________ ________________________________
Dan Wietecha, City Administrator Jamie Stevens, Union Steward
____________________________________
Kelly Murtaugh, City Clerk
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STATE OF MINNESOTA
BUREAU OF MEDIATION SERVICES
In the matter of a Petition for
Clarification of an Appropriate Unit:
UNIT CLARIFICATION STIPULATION
City of Hastings and Teamsters, Local #320
(Fire Captain’s Unit)
STIPULATION OF THE PARTIES
WHEREAS, the parties seek to amend and replace the appropriate unit description
effective January 1, 2022 by adding the fire marshal to the unit;
WHEREAS, the stipulated amended description would supersede and replace the
previous unit description. The appropriate unit description would state:
All essential supervisory Fire Captains and Fire Marshal employed by
the City of Hastings, Minnesota, who are public employees within the
meaning of Minn. Stat. § 179A.03, subd. 14.
ACCORDINGLY, the above is hereby stipulated and agreed to by and between
the parties, in the above-referenced matter, and the parties agree that this Stipulation may
not be amended except in writing and upon the mutual consent of the City and the
Teamsters, Local #320.
FOR THE EMPLOYER: FOR THE UNION:
___________________________ ________________________
(Title) (Title)
DATE: _____________________ DATE: __________________
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