HomeMy WebLinkAbout2010-02-03 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 2/3/2010
PREPARED BY ADMINISTRATION RYAN SCHROEDER
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider approving the 2010 -2011 Labor Agreement between the City of Cottage Grove and the
AFSCME, Local No. 517.
STAFF RECOMMENDATION
Staff requests the approval of the Labor Agreement between the City of Cottage Grove and the
AFSCME, Local No. 517.
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ryan Schroeder and Jesse Swenson
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
p g y p ' ffff 5(}y F 5 r
Ml YN
City Administrator f Date
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
From: Ryan Schroeder, City Administrator
Jesse Swenson, Economic Development Coordinator
Date: February 3, 2010
Subject: AFSCME, Local No. 517 contract
Over the past several months staff has met with representatives of the AFSCME Local No. 517
(Clerical Employees) and reached a tentative agreement that was taken to the union members
and approved.
Details of the contract include:
2 year agreement for 2010 & 2011. 2010 replicates the AFL -CIO 49ers and the LELS
Police Supervisors contracts as well as the Exempt personnel pay plan.
Insurance: Choice plan for singles, 90% Employer funded for 2010. HSA funded at
100% single and 75% of premium for family. Choice Employer funding for family is the
same dollar amount as for the HSA. HSA deductible contribution for family is $1,400-
2010, and the HSA deductible contribution for single is $700- 2010. Waiver: $225-
2010. There is a onetime opportunity in 2010 for employees not currently waiving to
waive with zero waiver contribution from the City. This replicates the
contracts /approvals noted above.
For the year 2011, there will be a health insurance re- opener. There is an employee
insurance committee currently in place that will assist the City in determining medical
plan design for 2011. Any 2011 contracts settled in advance of the employee
committee recommendation would be intended to contain a reopener for 2011.
0% cost of living adjustment for 2010, at least a 2% adjustment on December 31, 2010.
The City will compare the average cost of living adjustments for 49ers contracts with
other cities in the metro area with populations between 20,000 and 60,000. If the
average increase is above 2 %, the steps in the pay plan will be adjusted by the amount
for one day, December 31, 2010. This will ensure that we do not lose ground to our
external comparisons in future years. This effectively replicates the contracts noted
above.
1 % cost of living adjustment for 2011 effective January 1, 2011. On July 1, 2011 the
City will conduct a market comparison for all public works bargaining units, AFSCME
bargaining units, and LELS police patrol bargaining units of cities with populations
between 20,000 and 60,000 that have wage amounts established as of June 1, 2011.
The City will determine the average market comparison rate of all three (3) bargaining
units by the recorded increase in the settled contracts. If the City's bargaining units are
below the average of the three (3) bargaining units in COLA adjustment it will apply that
percentage to the 2011 rate for all AFSCME positions effective July 1, 2011. The cities
used in comparisons will be those that have a settled 2011 contract prior to June 1,
2011.
0 A few ministerial language changes that reflect language in the City's Personnel Policy.
Staff recommends the approval of the Labor Agreement, with the above terms, between the
City of Cottage Grove and the AFSCME Local, No. 517 (Clerical Employees). Attached is
a draft copy of the labor agreement.
Council Action: By motion adopt the 2010 -2011 labor agreement with AFSMCE Local 517
:
CITY OF COTTAGE GROVE
AND
CLERICAL EMPLOYEES
AFSCME LOCAL 517
Ta
I. Purpose of Agreement 3
II. Recognition
III. Employer Authority� 3
XI. Call Backs 9
XIII, Discipline
10
XIV..Seniorty
10
XV. Probationary Periods
11
)(VI".9ob 'osting
.�
�
_ A
XVII. Regular Status Part -Time Employees
12
XVIII
Annual
Leave
13
XIX. Short -Term Disability
14
XX; Wages _
1a
XXI. Holidays
20
XXIII. Policy 23
XXV. Waiver 24
Page 2
This AGREEMENT is entered into between the City of Cottage Grove, hereinafter called
the EMPLOYER, and the Clerical Employees Bargaining Unit, 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 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.
ARTICLE II
RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179.71, Subdivision 3, for all City Clerical Employees
in the following job classifications:
Payroll Clerk
Accounting Clerk II
Accounting Clerk I & Transcriptionist
Secretary
Office Clerk II
Office Clerk I
2.2 In the event the Employer and the employee organizations are unable to agree
as to the inclusion of a new or modified job class, the issue shall be submitted to
the Bureau of Mediation Services for determination.
3.1 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.
3.2 Any terms and conditions 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 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 interruptions of or
interference with the normal functions of the Employer.
ARTICLE V
EMPLOYEE SECURITY
5.1 The Union shall 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 or Steward and/or alternate.
5.2 The Employer shall make space available on the employee bulletin board for the
posting of Union notices and announcements.
5.3 The Union agrees to indemnify and hold the Employer harmless against any and all
claim, suits, orders, or judgements 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
5.4 The Employer agrees to deduct Union dues pursuant to the Public Employee Labor
Relations Act.
ARTICLE VI
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURES
6.1 Definition of a Grievance: A grievance shall be 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 as provided by Section 6.2 of this Agreement.
Page 4
6.3 Process 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 programs of the Employer.
6.4 Procedures: A grievance 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 resolution 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 parties can mutually agree to
waive Steps 1, 2, or 3.
The supervisor will discuss and give an answer to such Step 1 grievance within ten
(10) calendar days after such 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 provisions of this resolution allegedly
violated, and the remedy requested, and shall be appealed to Step 2 within ten (10)
calendar days after the supervisor final answer in Step 1. Any grievance not
appealed in writing in 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 Department Director. The Department Director 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 Department Director'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 City Administrator or designee. The City Administrator or
designee shall give the Union the Employer's answer in writing within ten (10)
calendar days after receipt of such Step 3 grievance. A grievance not resolved in
Step 3 may be appealed to Step 4 within ten (10) calendar days following the City
Administrator or designee'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.
Page 5
Step 4 . A grievance unresolved in Step 3 and appealed to Step 4 shall be
submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved
in Step 4 may be appealed to Step 5 within ten (10) calendar days following the
Employer's final answer in Step 4. Any grievance not appealed in writing to Step 5
by the Union within ten (10) calendar days shall be considered waived.
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 Public Employment Relations Board.
6.5 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(s) not so submitted.
B. The arbitrator shall be without power to make decisions contrary to or
inconsistent with, modifying or varying in any way, the application of laws, rules
or regulations having the force and effect of the 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 resolution 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 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 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 to either Step 5 of Article VI or
a procedure such as Civil Service, or Veteran's Preference. If appealed to any
procedure other than Step 5 of ARTICLE VI the grievance is not subject to the
arbitration procedure as provided in Step 5 of ARTICLE VI. 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 Employer: City of Cottage Grove
7.2 Employee: A member of the exclusively recognized bargaining unit and holding a
position as outlined in this Agreement
7.3 Base Pay Rate: The employee's monthly pay rate, exclusive of longevity or any
other special allowances
7.4 Department: All departments in the Employer's organization structure as follows:
Administration
Finance
Community Development
Public Works
Public Safety
The City reserves the right to change the structure of the City and will notify the
union of changes.
7.5 Seniority: Length of continuous service with the department
7.6 Severance Pay: Payment made to employees upon honorable termination of
employment
7.7 Union Officer: An officer elected or appointed by the Clerical Employees Bargaining
Unit
7.8 Scheduled Shift: A work period including two rest breaks which is not more than
eight (8) hours in length
7.9 Rest Break: Two 15- minute periods during a scheduled shift during which the
employee is relieved of assigned duties
7.10 Lunch Break: A period of time as designated by the Employer which is not part of
an employee's scheduled shift during which the employees are excused and
relieved from their assigned duties
7.11 Full Time Service: An employee who works at least forty (40) hours per week or
2,080 hours per year
7.12 Union: Clerical Bargaining Unit as defined in Section 2.1
7.13 Union Member: A member of the Clerical Employees Bargaining Unit
7.14 Consistent Weekly Average: The number of hours worked in a simple majority of
weeks during the designated period.
ARTICLE VIII
SAVINGS CLAUSE
8.1 This Agreement is subject to the laws of the United States, the State of Minnesota
and the City of Cottage Grove in the event any provisions of this resolution 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 resolution shall continue in full
force and effect. The voided provisions may be renegotiated at the request of either
party.
ARTICLE IX
WORK SCHEDULES
9.1 The sole authority to establish and revise work schedules is that of the Employer.
The normal work day for a full -time employee shall be eight (8) hours. The normal
work week for a full -time employee shall be forty (40) hours. The normal work day
and week for part -time employees will be determined by the Employer.
9.2 The Employer will give ten (10) working days advance notice to the employees
when changing their normal work days.
9.3 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. 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 him /her from so working.
.�_ t,
10.1 Hours worked in excess of eight (8) hours within a twenty -four (24) hour period
(except shift changes) or more than forty (40) hours within a seven (7) day period,
will be compensated at one and one -half (1 -1/2) times the employee's regular
base pay rate.
10.2 Overtime will be distributed as equally as practicable within each Department
according to the needs of the Employer.
10.3 Overtime hours refused by employees will be considered as unpaid overtime
worked.
10.4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
10.5 Compensatory time may be taken off in lieu of overtime pay. Time off will be
earned the same as overtime pay.
10.6 All overtime must be approved in advance by the Employee's supervisor.
11.1 An employee called in for work at a time other than his /her normally scheduled
shift will be compensated for a minimum of two (2) hours pay at one and one -half
(1 -1/2) times the employee's base rate of pay.
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 Employer.
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 under direct orders 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
DISCIPLINE
13.1 The Employer will discipline employees for just cause only. Discipline will be in the
form of:
A. Oral reprimand
B. Written reprimand
C. Suspension
D. Demotion
E. Discharge
13.2 Suspension, demotion and discharge will be in written form.
13.3 Written reprimands, notices of suspension and notices of discharge shall become
part of any employee's personnel file and shall be read and acknowledged by the
employee. An employee and the Union will receive copies of reprimands and /or
notices.
13.4 Employees may examine their own individual personnel record at reasonable
times under the direct supervision of the Employer.
13.5 Discharge will be preceded by five (5) day suspension without pay.
13.6 Grievances pertaining to this Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article VI.
13.7 In the event of discharge, the employee or his /her representative shall be entitled
to a hearing before the City Administrator or his /her personnel representative if
requested in writing within five (5) days of discharge. The hearing shall take place
within ten (10) days of receipt of such notice. If it is then determined that the
employee has been unjustly discharged, he /she shall be reinstated at once and all
wages and benefits lost during his /her time off shall be credited to him /her.
13.8 Suspensions for disciplinary reasons may be made for periods not exceeding
fifteen (15) working days in any twelve (12) month period for just cause. The
Department Head shall provide the Union with a written statement of reasons for
the suspension within twenty -four (24) hours of the suspension.
14.1 A policy of seniority within departments shall be formulated that will give regular
status employees with longer periods of service an opportunity for promotion and
also to provide employment security.
Page 10
14.2 There shall be a seniority list established which shall include an employee's
original date of hire and /or transfer into a department. Regular status part -time
employees shall earn seniority credit based on number of hours worked.
14.3 In the event of layoff, regular status employees with the least seniority in the
department shall be the first to be laid off and in the event of rehire, the last
employee laid off in a department shall be the first to be rehired in that same
department.
14.4 No regular status employee shall be laid off out of turn on the seniority list within
any department.
14.5 An employee in the Union who transfers from one City department to another City
department shall accumulate total seniority with the Employer only for the
purposes of calculating annual leave.
ARTICLE XV
PROBATIONARY PERIODS
15.1 All newly hired or rehired employees will serve a probationary period of twelve
months.
15.2 All employees will serve a six month probationary period in any job classification
in which the employee has not previously served a probationary period.
15.3 At any time during the probationary period, a newly hired or rehired employee may
be terminated at the sole discretion of the Employer.
15.4 A regular status employee terminated during the probationary period from a
position to which he /she transferred or was promoted and not terminated from the
City service as provided in these rules shall be placed on a leave of absence
without pay. Recall rights under this provision will continue for twenty -four (24)
months after lay off. Recalled employees shall have ten (10) working days after
notification of recall by registered mail at the employee's last known address to
report to work or forfeit all recall rights. When a vacancy arises in the class from
which the employee was promoted or transferred, such employee shall be
reinstated to that position.
;0
16.1 Regular job vacancies shall be filled on the concept of promotion from within (1)
the department; or (2) the bargaining unit, provided that applicants:
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16.1.1 have the necessary qualifications to meet the standards of the
vacant position; and
16.1.2 have the ability to perform the duties and responsibilities of the
vacant position.
16.2 The Employer has the final decision in the selection of employees to fill posted
jobs, based on qualifications, abilities and experience.
16.3 Job vacancies will be posted for five (5) working days so that interested
employees can be considered for such vacancies.
ARTICLE XVII
REGULAR STATUS PART -TIME EMPLOYEES
17.1 An employee may be hired on a regular status basis to work a designated number
of hours or days per week but less than the full -time work schedule of eight (8)
hours per day, forty (40) hours per week.
17.2 Regular status part -time employees shall be paid not less than the minimum base
rate and said salary shall be adjusted based upon total number of hours.
17.3 Regular status part -time employees working an average of twenty or more hours
per week shall receive fifty percent (50 %) of the Employer's maximum contribution
toward insurance programs as specified in Section 22.1 for full -time employees.
17.4 Regular status part -time employees working an average thirty -one hours or more
per week shall qualify for the same insurance benefits as those available to
regular status full -time employees.
17.5 Regular status part -time employees working an average of twenty or more hours
per week shall earn annual leave based on actual hours worked during a pay
period.
17.6 Calculation of eligibility for insurance and leave benefits shall be made each three
(3) months, at the end of the pay periods closest to January 1, April 1, July 1, and
October 1, and shall be based on a consistent weekly average hours worked (or
on paid leave) during the prior three (3) months.
17.7 Extension of a regularly scheduled shift, either before or after regularly scheduled
shift, shall not be considered a call back.
ARTICLE XVIII
ANNUAL LEAVE
18.1 Effective January 1, 1990, each full -time employee shall earn annual leave at a
monthly rate which will total the following amount of annual leave:
0 through 7 years City employment 144 hours per year
8 through 15 years City employment 192 hours per year
15+ years City employment 208 hours per year
Effective January 1, 2009, each full -time employee shall earn annual leave at a
monthly rate which will total the following amount of annual leave:
0 through 5 years City employment 144 hours per year
6 through 10 years City employment 152 hours per year
11 through 15 years City employment 200 hours per year
15+ years City employment 216 hours per year
Unless there is an employment status change, no employee will have an annual
leave accrual rate less than their rate as of 12/31/08.
18.2 Except in the case of injury or illness, annual leave may only be taken upon
approval of the employee's supervisor, which approval shall not be unreasonably
withheld.
18.3 Annual leave earned shall be accrued and the total number of earned annual
leave hours shall be provided to the employee each pay period. Annual leave with
pay may not be taken unless it has been earned. Except in the case of injury or
illness, no employee shall be allowed to take more than 160 consecutive hours of
annual leave at one time.
18.4 Employees who terminate employment with the City and have annual leave time
remaining shall be paid for their accrued annual leave, except for probationary
employees who have not achieved regular status employment.
18.5 An employee who uses annual leave for illness or injury may be required to
present evidence that he /she is again able to perform the duties of his /her
employment.
18.6 Annual leave must be taken in increments of no less than one (1) hour.
18.7 Except as provided in Paragraphs 18.8, 18.9 and 18.10, no employee may carry
over more than 240 hours of accumulated annual leave from one year to the next.
..-
In the event that an employee has in excess of 240 accumulated hours of annual
leave after completion of the last full pay period in the calendar year, the
employee's accrued annual leave shall be reduced to 240 hours.
18.8 Employees who, as a result of the January 1, 1991, vacation and sick leave
conversion, exceed the maximum carry -over limitation, may carry over, as a
maximum, the same number of hours to which their accumulated vacation and
sick leaves converted. However, should an employee's accrued annual leave
exceed this maximum after completion of the last full pay period in the calendar
year, the employee's accrued annual leave shall be reduced to the maximum as
computed herein.
18.9 Once per year, on either the first pay period after April 1s or the first pay period
after October 1 any employee who has completed at least seven (7) years of
service with the City may exchange up to twenty -four (24) hours of accumulated
annual leave for pay at his /her current rate. Any employee who has completed at
least fifteen (15) years of service with the City may exchange up to forty (40)
hours accumulated annual leave for payment equal to forty (40) hours of pay at
his /her existing rate.
18.10 In addition, any employee whose converted hours exceed the maximum carry-
over limitation of 240 hours, may exchange up to an additional forty (40) hours of
pay per year at his /her existing rate for that accumulated leave in excess of 40
hours. Should an employee elect to exchange such additional leave, as herein
before provided, that additional exchange shall reduce the employee's maximum
hours by the same number of hours exchanged for pay.
18.11 All full -time employees will be granted annual leave based on seniority within
departments or work area until February 15 thereafter on a first come basis.
ARTICLE XIX
SHORT -TERM DISABILITY
19.1 Short -term disability benefits shall be paid to such a regular employee who shall
have missed twenty (20) consecutive working days' employment due to illness or
injury.
19.2 The amount of the short -term disability benefit payable shall be the difference
between the employee's regular rate of pay, in effect at the time of the injury or
illness unless otherwise approved by the City Administrator or his /her designee,
and or any payment(s) the employee receives or anticipates receiving in the
nature of wage loss replacement whether it be from Long -term Disability, Personal
Short -term Disability, Workers Compensation, PERA disability, OASDI, personal
injury protection, or any other source, payable from the 21 working day following
the employee's initial absence from work due to injury or illness and continuing for
.-.- .t
a maximum of ninety (90) working days. The intent of this benefit is to make
employees whole for qualifying illnesses and /or injuries. Any other payments
made to the employee because of injury and /or illness must be disclosed to the
City in order for the City to coordinate the benefit.
19.3 Any employee receiving payments under the short -term disability benefit plan
shall not accrue annual leave during the period of time of disability. In order to
qualify for short -term disability benefit, the employee shall submit medical
documentation such as FMLA paperwork, from a physician certifying that the first
twenty (20) consecutive working days of the employee's absence was due to
injury or illness.
19.4 The employee shall further provide the City a release of medical information
authorizing the City, or its agents, access to the employee's medical records
relevant to the specific injury or illness in question for the purpose of
substantiating disability. The employee shall, if required or requested, submit to an
examination at the City's expense by a physician designated by the City in order
to verify the injury or illness of the employee.
19.5 Before qualifying for short term disability benefits, an employee, or the employee's
personal representative where the employee is incapacitated, must complete all
required City forms to the City's satisfaction. In order to continue to receive short
term disability benefits, all required City forms must remain in effect for the
duration of the disability.
19.6 Each new event which results in short term disability benefits shall be preceded by
a new waiting period of twenty (20) consecutive working days. Each new event
shall be subject to the provisions of this Article.
19.7 If an employee returns to work on a part time basis during the ninety (90) day
benefit period, each day in which the employee is able to work four (4) or more
hours per day shall count as one (1) day toward the ninety (90) day benefit period.
Each day in which the employee is able to work less than four (4) hours per day
shall count as one -half (1/2) day toward the ninety (90) day benefit period.
ARTICLE YX
WAGES
20.1 Salary Ranges: Cost of Living Adjustment
On December 31, 2010 the members of AFSCME Local 517 will receive the
same annual cost of living adjustment (COLA) that the City of Cottage Grove
Local No 49 bargaining unit receives, not to be less than 2% (See 2009 -2010
Local No 49 labor contract, page 15). Both parties recognize that the members of
AFSCME Local 517 gave up a COLA increase at the beginning of 2010 to assist
the City with its 2010 budget challenges.
Page 15
On January 1, 2011 the base pay and wages shall increase 1 %.
On July 1, 2011 the City will conduct a market comparison for all public works
bargaining units, AFSCME bargaining units, and LELS police patrol bargaining
units of cities with populations between 20,000 and 60,000 that have wage
amounts established as of June 1, 2011. The City will determine the average
market comparison rate of all three (3) bargaining units by the recorded increase
in the settled contracts. If the City's bargaining units are below the average of the
three (3) bargaining units it will apply that percentage to the 2011 rate for all
AFSCME positions effective July 1, 2011. The cities used in comparison are
cities that the Met Council estimates are between 20,000 and 60,000 in
population in 2007. Specifically, the cities are: Andover, Blaine, Fridley, Ramsey,
Chanhassen, Chaska, Apple Valley, Hastings, Inver Grove Heights, Lakeville,
Rosemount, South St. Paul, Brooklyn Center, Champlin, Crystal, Edina, Golden
Valley, Maple Grove, Minnetonka, New Hope, Richfield, Shoreview, St. Louis
Park, Maplewood, New Brighton, Roseville, White Bear Lake, Prior Lake,
Savage, Shakopee, Oakdale and Woodbury. The cities used in comparisons will
be those from the above list that have a settled 2011 contract prior to June 1,
2011.
Page 16
Payroll Clerk
Employees
Employees
Effective
Hired Prior to -
Hired After
January 1,
January 1,
January 1,
2010(0%)
2004
2004
Starting Step
Starting Step
19.41
Step 1
Step 1
19.94
(sixmos /1040 hrs)
(six mos /1040 hrs)
6 months
6 months
Step 2
Step 2
20.79
(six mos/1040 firs)
(six mos /1040 hrs)
1 yr
1 yr
Step 3
Step 3
21.61
(six mos /1040 hrs)'..
(12 mos /2080 hrs)
1.5 yr
2 yr
Step 4
Step 4
22.43
(six mos /1040 hrs)
(12 mos /2080 hrs)
2 yr
3 yr
Step 5
Step 5
23.30
(six mos /1040 hrs).....
(12 mos /2080 hrs)
2.5 yr
4 yr
Step 6
Step 6
24.12
(six mos/1040 hrs)
(12 mos /2080 hrs)
::3 r f
_ ----- -- __5'Lr_— --- _ ------ .
Step 7
Step 7
24.36
(Year 14 or addt'l
(Year 14 or addt'l
22.880 hours)
18.720 hours)
Page 16
..a-
ACCOUNTING CLERK II
Employees
Employees
Effective
Hired Prior to
Hired After
January 1,
January 1,
January 1,
2010(0%)
2004
2004
Starting Step
Starting Step
18.87
Step 1
Step 1
19.42
{sixmos /1040 hrs) j
(six mos /1040 hrs)
6 months
6 months
Step 2,,
Step 2
20.25
(six mos /1040 hrs);
(six mos /1040 hrs)
1 yr
1 yr
Step 3 ` !
Step 3 `;
21.08
(six mos /1040 hrs)..
(12 mos /2080 hrs)
1.5 yr
r
Step 4
Step 4
21.91
(six mos /1040 hrs)I
(12 mos /2080 hrs)
2 yr
3 yr
Step 5
Step 5
22.76
(six mos /1040 hrs)
(12 mos /2080 hrs)
2.5 yr
4 yr
Step 6
Step 6
23.60
(six mos /1040 hrs):
(12 mos /2080 hrs)
3 yr
5 yr
Step 7
Step 7
23.83
(Year 14 or addt1 `
(Year 14 or addt'i
22,880 hours)
18,720 hours)
..a-
SECRETARY
Employees
Employees
Effective
Hired Prior to
Hired After
January 1,
January,l,
January 1,
2010 (0 %)
2004
2004
Starting Step '',
Starting Step
17.39
Step 1`
Step 1
17.94
(six mos/1040 hrs)
(six mos /1040 hrs)
6 months
6 months
Step 2
Step 2
18.67
(six mos /1040 hrs)',,
(six mos /1040 hrs)
1 r
r
Step 3 _
Step 3
19.45
(six nos /1040 hrs)`
(12 mos /2080 hrs)
I15 r
Step 4
Step 4
20.20
(six mos /1040 hrs);
(12 mos /2080 hrs)
2yr
Syr
..a-
Step 5
Step 5
20.98
(six mos /1040 hrs):
.
(12 mos /2080 hrs)
Employees
`2.5
4 yr
Hired After
Step 6
Step 6
21.72
(six mos/1040 hrs))
(12 mos /2080 hrs)
2004
3 r
5 r
Starting Step
Step 7
Step 7
21.95
(Year 14 or addtl '
(Year 14 or addt'I
-. (six mos /1'.040 hrs).
22,880 hours) _
18,720 hours
6 months
i�
ACCOUNTING CLERK I /
TRANSCRIPTIONIST
Employees:
Employees
Effective
Hired Prior to
Hired After
January 1, 2010
January 1, ?
January 1,
(0 %n)
2004
2004
Starting Step
Starting Step
16.69
Step 1
Step 1
17.24
(six mos /1040 hrs);
-. (six mos /1'.040 hrs).
6 months
6 months
Step 2
Step 2
17.96
(sixmos /1040hrs).
(six mos /1040'hrs)
1 r
1 yr
Step 3
Step 3
18.67
(six mos /1040 hrs): !
(12 mos /2080 hrs)
1.5 yr
2 yr
Step 4
Step 4
19.42
(six mos/1040 hrs)'.`
(12 mos /2080 hrs)
2 yr
3 r
Step 5
Step 5
20.13
(six mos /1040 hrs);
(12 mos /2080 hrs)
2.5 yr
4 yr
Step 6
Step 6
20.89
(six rsmos /1040 hrs). :
(12 mos /2080 hrs)
3
5 yr
Step 7
Step 7
21.09
(Year 14 or addfi +
(Year 14 or addt'I
22,880 hours) `
18,720 hours
i�
OFFICE CLERK II
Employees
Employees
Effective
Hired Prior to
Hired After
January 1,
January 1, !,
January 1,
2010(0%)
2004
2004
Starting Step
Starting Step
10.61
8.30
Step 1
11.25
8.64
(six mos /1040 hrs)
(six mos /1040 hrs)
6 months
6 months
Step 2
11.89
8.98
(six mos /1040 hrs) `.
(six mos /1040 hrs)
1 yr
I yr
Step 3
12.51
9.35
`.(12 mos /2080 hrs)
(12 mos /2080 hrs)
2 yr
Step 4
13.15
9.71
(12 mos /2080 hrs)
(12 mos /2080 hrs)
3 yr
3 yr _.._..._._.........
Step 5
13.79
112 mos /2080 hrs)
4 yr
Step 6
14.43
(12 mos 12080 hrs)
5 r
Step 7
14.86
(Year 14 or addt'1
18,720 hours
OFFICE CLERK I
Employees
Employees
Effective
Hired Prior to
Hired After
January 1,
January 1, !,
January 1,
2010(0%)
2004
2004
Starting Step
Starting Step
8.30
Step 1
Step 1
8.64
(six epos /1040 hrs)
(six mos /1040 hrs)
6 months
6 months
Step 2
2
8.98
(six mos /1040 hrs);
(six mos /1040 hrs)
1 r
I yr
Step 3
Step 3
9.35
(six mos /A040 hrs).
(12 mos /2080 hrs)
-15 yr
Step 4
Step 4
9.71
(six mos11040 hrs)',..
(12 mos /2080 hrs)
2 yr_
3 yr _.._..._._.........
'�
Step 5
Step 5
10.11
(six mos /1040 hrs)',
(12 mos /2080 hrs) ;
2.5 yr
4 r
Step 6
Step 6
11.07
(six raost1040 hrs)
(12 mos /2080 hrs)
8 yr
5 r
Step 7 ,
Step 7
11.20
(Year 14 or addd '>
(Year 14 or addt'I
22,880 hours )
18,720. hours
20.2 Salary Steps: All new hires after January 1, 2004 will have a step pay plan
system wherein step increases after Step 1 will occur every 2080 hours, as noted
in the tables above. Part -time employees must meet the hour requirements as
noted in the tables above.
20.3 Employees promoted from one job classification to a higher job classification will
move to that step in the new classification salary structure which is equal to or
closest to their present salary but no lower than their existing salary. Promoted
employees will move through remaining steps in their new salary structure based
on their original anniversary date.
ARTICLE XXI
HOLIDAYS
21.1 All employees shall be paid for eleven (11) holidays per year. These holidays are:
New Year's Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Eve
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
21.2 All full -time employees will be granted one (1) additional holiday to be taken as
a floating holiday. The floating holiday will be scheduled with the permission of
the employee's supervisor. This floating holiday will be granted based on
seniority until February 15 th ; thereafter, on a first -come basis. The floating
holiday must be taken in one eight -hour increment, and must be taken between
January 1 and December 31. If not used prior to December 31, it will be lost. To
receive the floating holiday, a new employee must work at least one thousand
forty (1,040) hours during the calendar year.
21.3 Regular status part -time employees will be eligible for holiday pay, including the
floating holiday. Holiday pay will be pro -rated based on the employee's regular
working schedule. To be eligible for holiday pay, the part -time employee must
be in pay status both the day before and the day after the holiday.
21.4 Part -time employees who work any of the holidays listed in Section 21.1, shall be
paid at the rate of time and one -half (1 -1/2) for hours worked on the holiday.
21.5 If a regular status full -time employee participates in the Unpaid Time Off /
Reduced Work Schedule Pilot Program and their scheduled day to be off work
falls on a holiday, then the employee would be eligible for holiday pay.
ARTICLE XXII
INSURANCE
22.1 The EMPLOYER shall pay a contribution per month per employee as defined
below. The contribution may be used toward the premium for group medical
coverage. Contribution amounts available but not used for medical coverage can
be used for dental insurance for the employee and the employee's dependents,
and toward the premium for additional life insurance or long -term disability
coverage for the employee. Effective January 1, 2002, all new employees who
work an average of thirty one (31) hours per week or more must enroll in a
minimum of single medical coverage.
Intentionally Left Blank
.�
.
There will be a health insurance re- opener for 2011.
The employer contribution into the employee's HSA will be on a monthly basis
(1/12 each month). The employer contribution amount is provided on a matching
basis of 2 (two) employer dollars for every 1 (one) dollar contributed by the
employee, up to the annual employer maximum.
All new employees must enroll in a minimum of single medical coverage.
Employees who are currently waiving insurance and receiving waiver
compensation will continue to receive the waiver compensation. Employees not
currently waiving will have a one time opportunity to waive coverage during the
2010 Open Enrollment period. They will not, however, receive any compensation
for waiving coverage. If an employee receiving the waiver compensation elects
City insurance and then waives again, they will not be eligible for the waiver
compensation.
22.2 The Employer shall pay the premium for group life insurance for all regular status
full -time employees; insurance to equal $1,000 coverage per $1,000 of annual base
salary.
Page 22
2010
2011
Single:
MIC Choice
90% of premium
(old HP61 & hd14)
HSA
100% of premium plus
(old HSA2000)
$700 contribution into
HSA (on matching
basis)
Family:
Same as Base plan
MIC Choice $1000 ded
contribution toward
(old HP61 & hd14)
HSA premium
HSA
75% of premium plus
(old HSA2000)
$1,400 contribution into
HSA (on matching
basis)
Waiver for those
$225
grandfathered in
(waiving before
1/1/2006)
There will be a health insurance re- opener for 2011.
The employer contribution into the employee's HSA will be on a monthly basis
(1/12 each month). The employer contribution amount is provided on a matching
basis of 2 (two) employer dollars for every 1 (one) dollar contributed by the
employee, up to the annual employer maximum.
All new employees must enroll in a minimum of single medical coverage.
Employees who are currently waiving insurance and receiving waiver
compensation will continue to receive the waiver compensation. Employees not
currently waiving will have a one time opportunity to waive coverage during the
2010 Open Enrollment period. They will not, however, receive any compensation
for waiving coverage. If an employee receiving the waiver compensation elects
City insurance and then waives again, they will not be eligible for the waiver
compensation.
22.2 The Employer shall pay the premium for group life insurance for all regular status
full -time employees; insurance to equal $1,000 coverage per $1,000 of annual base
salary.
Page 22
22.3 Any changes in or additions to the medical or life insurance benefits as now
provided by the Employer, shall be negotiated by the employee's organization and
the Employer.
22.4 Bargaining unit employees will contribute $15.00 per pay period into the Minnesota
State Retirement System (MSRS) Post - employment Health Care Savings Plan
(HCSP) and will deposit 50% of any unused Annual Leave in to the plan upon
separation from employment.
ARTICLE XXIII
POLICY
23.1 The Union and /or the Employer will not discriminate in the hiring of any person or in
the working conditions of any person.
23.2 If weather does not permit getting to work on time without endangering life or
property, employees would be allowed a late start (no later than 10:00 a.m.) with a
full day's pay. If necessary to take a full day off, employees shall be allowed to use
compensatory time, annual leave or be off without pay.
ARTICLE XXIV
LEAVE POLICIES
24.1 Union Business: Employees may be approved for unpaid leave to attend to Union
business during working hours. Such leave must receive the prior approval of the
supervisor.
24.2 Military Leave: An employee who is a member of the National Guard or military
reserve force of the United States of America shall be entitled to military leave as
provided by the statutes of the State of Minnesota or the government of the United
States of America. Except in the cases of military emergency or immediate
mobilization, an employee shall notify his /her supervisor as soon as possible, after
receipt of a notice of active duty, in order to claim military leave.
24.3 Jury Duty: An employee who is summoned to serve upon a jury shall be granted
compensation equal to the difference between the employee's regular rate of pay
and compensation paid to him /her for serving on a jury. An employee who is
excused from jury duty prior to the completion of a workday is expected to return to
work for the completion of that day. An employee shall notify his /her supervisor
upon receipt of a summons to appear for jury duty in order to claim jury leave.
Page 23
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 which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and
proposals with respect to any terms 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
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 parties at the time this contract was
negotiated or executed.
Intentionally Left Blank
26.1 This agreement shall be in effect as of the 1st day of January 2010 and shall
remain in full force and effect until the 31 st day of December 2011.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on this
day of 2010.
CITY OF COTTAGE GROVE
1TWAY0-
CLERICAL UNION REPRESENTATIVES
REPRESENTATIVE — AFSCME 517
CITY ADMINISTRATOR UNION STEWARD
Page 25