Loading...
HomeMy WebLinkAbout2011-02-16 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/16/2011 a PREPARED BY Administration Joe Fischbach ORIGINATING DEPARTMENT STAFF AUTHOR * * * * * * ** W* W* W W W W W W W W W W W W W W W* W W* W W W W W W W W W W W W W W W W W COUNCIL ACTION REQUEST Consider approving the 2011 49er labor contract. STAFF RECOMMENDATION Approve the 2011 49er labor contract. BUDGET IMPLICATION $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Joe Fischbach dated 2/11/2011 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: labor contract ADMINISTRATORS COMMENTS j City Administrator Date W W W W W W W W W W W W W W W k W W W W W W W W W W W W W * * ** k ** k * * ** W* W W W W W COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA To: Honorable Mayor and City Council From: Joe Fischbach, Human Resources Coordinator Date: February 11, 2011 Subject: 2011 49er Contract The City and the 49ers union have reached a tentative agreement on a 2011 labor contract, subject to City Council approval. The union members have voted and passed the contract. The changes to wages are: Wages- 2011 On January 1, 2011 the members of the 49er union will receive a 1 % cost of living adjustment (COLA). This percentage will be applied to all base wage rates. On July 1, 2011 the City will conduct a market comparison for all public works maintenance bargaining units, clerical bargaining units, and 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 cost of living adjustments (COLA) of all three (3) combined bargaining unit groups by the recorded increase in the settled contracts. If the City's bargaining units are below the average COLA of the three (3) combined bargaining unit groups the City will apply that percentage to the base wage rates, less the 1 % received on January 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. We also agreed on the same health insurance language all other employee groups have. If employees in the union are required to work on Thanksgiving Day or Christmas Day they will receive two (2) times their regular rate of pay. This is an increase from one and one -half (1 '' /Z) times their regular rate of pay. All other changes were administrative in nature. Consider approving the 2011 49er labor contract. [RF ;; ! ! ! # ! AFL-CIO LOCAL NO. 49 1 ARTICLE I. PURPOSE OF AGREEMENT ........................... ............................... ARTICLE II. RECOGNITION ................................................ ............................... ARTICLE III. UNION SECURITY ........................................... ............................... ARTICLE IV. EMPLOYER SECURITY ................................... ............................... ARTICLE V. EMPLOYER AUTHORITY ................................ ............................... ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ...................... ARTICLE VII. DEFINITION ...................................................... ............................... ARTICLE VIII. SAVINGS CLAUSE ........................................... ............................... ARTICLE IX. WORK SCHEDULES._ ..................................... ............................... ARTICLE X. OVERTIME PAY ............................................... ............................... ARTICLE XI. CALL BACK ...................................................... ............................... ARTICLE XII. STANDBY ......................................................... ............................... ARTICLE XIII. CDL DIFFERENTIAL ........................................ ............................... ARTICLE XIV. LEGAL DEFENSE ............................................ ............................... ARTICLE XV. RIGHT OF SUBCONTRACT ............................ ............................... ARTICLE XVI. DISCIPLINE.... ... ARTICLE XVII. SENIORITY ....................................................... ............................... ARTICLE XVIII. PROBATIONARY PERIODS ............................ ............................... ARTICLE XVIV. SAFETY ............................................................ ............................... ARTICLE XX. JOB POSTINGS ............................................... ............................... ARTICLE XXI. INSURANCE ..................................................... ............................... ARTICLE XXII. WAIVER ............................................................ ............................... ARTICLE XXIII. DURATION ....................................................... ............................... APPENDIXA: WAGES ............................................................ ............................... APPENDIX B: STEP PAY PLAN .............................................. ............................... APPENDIX C: OTHER BENEFITS ........................................... ............................... A. HOLIDAYS ............................................................................. ............................... B. ANNUAL LEAVE ........... ........ ............... ...... ........... -- ....... .......... ...... ........... C. CONVERSION OF EXISTING VACATION AND SICK LEAVE BALANCES D. SHORT -TERM DISABILITY BENEFITS ......... E. JURY DUTY ........................................................................... ............................... F. INJURY ON DUTY .................................................................. ............................... G. UNIFORM AND TOOL ALLOWANCE ....... - .............................. ............. - ....... H. SEASONAL/ TEMPORARY EMPLOYEES ............................. .................. ....... I. DEPARTMENT POLICY PUBLIC WORKS DEPARTMENT .. ............................... J. UNIFORM POLICY ................................................................. ............................... K. SAFETY GLASSES POLICY ................................................. ............................... CENTRAL PENSION FUND MEMORANDUM OF UNDERSTANDING .................... LOSS OF DRIVERS LICENSE MEMORANDUM OF UNDERSTANDING ................ SUMMER HOURS MEMORANDUM OF UNDERSTANDING .... ............................... SHORT -TERM DISABILITY MEMORANDUM OF UNDERSTANDING .................... 4 .4 .4 .6 .7 .7 .8 .8 .8 .9 .9 .9 .9 .9 10 10 10 10 11 12 13 15 25 25 26 26 27 28 28 29 29 30 30 .......................... 34 .......................... 37 .......................... 39 .......................... 40 .......................... 43 This AGREEMENT is entered into between the City of Cottage Grove, hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL -CIO, 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. 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 IL RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below whom are public employees within the meaning of Minn. Stat. 179A.03, Subdivision 14, excluding supervisory, confidential and all other employees: • Working Fore(wo)man • Lead Person • Forester • Senior Public Service Worker (SPSW) • Public Service Worker (PSW) ARTICLE III. UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct from each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 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. c • The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. /e1:iC•3�����1��I:� �•]'I �7c11j�;[•7:7Y�/ 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. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. s .. 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. .. • •- . 1 41 f 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. .1 Grievances, as defined by Section 6.1, 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 or Designee as designated by the EMPLOYER. The Supervisor or Designee 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 place 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 ten (10) calendar days after the Supervisor's or Designee's 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 Department Head or Designee. The Department Head or Designee 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 Department Head's or Designee'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's 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. Step 4• A grievance unresolved in Step 3 and appealed in 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 in Step 5 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 Minnesota Bureau of Mediation Services. . 11 , 1 �• ,, to � 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 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. 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. 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 either to Step 5 of ARTICLE VI or a procedure such as Civil Service, Veteran's Preference, or Fair Employment. 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. DEFINITION 7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL -CIO. 7.2 EMPLOYER: The City of Cottage Grove, Minnesota, 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49, AFL -CIO. 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 allowance. 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this ARTICLE. 7.7 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 7.8 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. 7.9 COMPENSATORY TIME: Time off the employees' regularly scheduled work schedule equal to one and one -half (1 -1/2) hours for each overtime hour worked. All compensatory time shall be taken at the discretion of the department head. The maximum amount of compensatory time that can be accumulated is eighty (80) hours. In addition, employees may also elect to record hours worked for call -ins on Thanksgiving, Christmas, and New Year's Day as comp time. Hours recorded, as compensatory time for work on those holidays must be taken off during the same pay period in which it is earned. After December 31, 2011 the maximum accumulated hours will revert back to sixty four (64) hours if requested by either party. 7.10 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.11 STANDBY: Standby shall require a working fore(wo)men to be available and ready for work when contacted by the EMPLOYER. Standby status requires immediate availability and the wearing of an electronic paging device. Scheduling an employee for standby is at the discretion of the EMPLOYER. 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 and 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 9.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.2 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 work day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 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 the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and /or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eighty (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 will be compensated for 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. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 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 All work performed by employees between the hours of 12:00 A.M. and 11:59 P.M. on Thanksgiving Day and Christmas Day shall be paid at two (2) times their regular rate of pay. ARTICLE XI. CALL BACK An employee called in for work at a time other than the employee's normal 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 pay rate. ARTICLE XII. STANDBY 12.1 Standby status of Working Fore(wo)men requires immediate availability and the wearing of an electronic paging device and ability to respond within thirty (30) minutes. The normal standby hours shall be from 3:30 p.m., on Friday until 6:30 a.m. on Monday and 3:30 p.m. to 7:00 a.m. during the regular work week. Should a holiday fall during then regular work week, standby shall begin at the end of the work day preceding the holiday and continuing until the beginning of the work day following the holiday. Pay for standby status is part of the hourly salary of the Working Fore(wo)man. 12.2 If on any such day the Working Fore(wo)men on standby shall actually perform work for the City other than that required under the standby provision, employee shall be entitled to compensation for each hour or portion thereof actually worked at the overtime rate of pay. ARTICLE XIII. CDL DIFFERENTIAL The City will reimburse each employee $19.00 at the time of renewal as an expense reimbursement to compensate for the difference between the fee for a regular passenger driver's license and a commercial driver's license. ARTICLE XIV. LEGAL DEFENSE 14.1 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. 14.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XV. 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 XVI. DISCIPLINE 16.1 The EMPLOYER will discipline employees only for just cause. 162 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER when information gained from the interview could lead to discipline of the employee(s) unless the employee(s) is given the opportunity to have a third party present at the interview to act as a witness for the employee(s). ARTICLE XVI. SENIORITY 17.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job - relevant qualification factors are equal. 17.2 Seniority will be the determining criterion for recall when the job - relevant qualification factors are equal. Recall rights under this provision will continue for twenty -four (24) months after lay off. Recalled employees shall have ten (10) working days after M notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE XVIII. PROBATIONARY PERIODS 18.1 All newly hired or rehired employees will serve a one (1) year probationary period. 18.2 All employees will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. 18.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 18.4 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 XVIV. SAFETY 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. ARTICLE XX. JOB POSTINGS 20.1 The EMPLOYER and the UNION agree that regular job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 20.11 have the necessary qualifications to meet the standards of the job vacancy; and 20.12 have the ability to perform the duties and responsibilities of the job vacancy. 20.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI [PROBATIONARY PERIOD]. 20.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 20.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. 20.5 Employees with less than one -year experience with the City shall not be allowed to transfer to another division. Employees shall not be permitted to make more than one successful position transfer in any one -year period. Provided, however, that this period shall not be applicable when an employee is applying for a higher paying position. ARTICLE XXI. INSURANCE Iit: 21.1 The EMPLOYER contribution for 2011 will be as follows: '".31"M Single- 100% of premium Single + One- 70% of premium Single + Children- 70% of premium Family- 70% of premium HSA Elect Plan Single- 100% of premium Single + One- 70% of premium Single + Children- 70% of premium Family- 70% of premium Both plans have a, $4,500- single and $9,000- all others, deductible. However, the employee will be responsible for, $2,500- single and $5,000- all others, of the deductible amount. The remainder will be covered by the employer through a HRA. Of the $2,500/$5,000 amount the employer will contribute $1,000/$2,000 in to the employee's HSA, on a matching basis. 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. The employer HSA contributions will be made in four equal payments, the first pay dates in January, April, July and October. Both plans will have an imbedded deductible. There is an 80/20 payment arrangement once the deductible is met, whereby the insurance company pays 80 percent and the employee /employer pay the other 20 percent, up to an out of pocket maximum. The out of pocket maximums are, $5,800- single and $11,600- all others. If the employee /employer experience out of pocket costs, the employer will cover the first $850 - single and $1,700- all others. The employee is then responsible for $450- single and $900- all others. Employees currently receiving waiver compensation will continue to receive waiver compensation. It will be $225 /month for full -time employees and $112.50 /month for regular part -time benefit eligible employees. Employees who waive but do not receive waiver compensation may still waive but will not receive any waiver compensation. All new employees must enroll in a minimum of single medical coverage. If an employee receiving waiver compensation elects City insurance and then waives again in the future, they will not be eligible for the waiver compensation. Employees not currently waiving health insurance will have a one time opportunity to waive coverage during the 2012 Open Enrollment period. They will not, however, receive any compensation for waiving coverage. The City will reconvene the Insurance Committee if significant changes to the health insurance plan design are anticipated. 21.2 Retiree medical coverage will be provided as required by Minnesota Statutes Chapters 491 and 488. 11 21.3 The EMPLOYER will pay the premium for group life insurance for each employee; coverage to equal One Thousand Dollars ($1,000.00) per One Thousand Dollars ($1,000.00) of annual base wages. 22.1 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. 22.2 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. This AGREEMENT shall be effective as of January 1, 2011 and shall remain in full force and effect until the December 31. 2011. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 2011. FOR THE CITY OF COTTAGE GROVE; FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49; Mayor City Administrator Business Manager Area Business Representative Union Steward Union Steward 12 BASIC WAGE SCHEDULE The following wage schedule will be in effect for the period from January 1, 2011, through June 30, 2011: The following differentials will be in effect for the period from January 1, 2011, through June 30, 2011: 1.0% STEP TITLE REQUREMENTS T - ENTER STEP 2011 Rate PSW Meet minimum job requirements as SPSW + outlined in the job description and be $17.73 selected a offered a position hour PSW I Completed 6 months service $18.86 PSW II Completed one (1) years service and $21.25 Fore(wo)man Ste 1 requirements $4.98 per PSW III Completed two (2) years service and $22'39 Ste 2 requirements or $29.52 PSW IV Completed three (3) years service and $23.59 Step 3 requirements PSW V _ Completed four (4) years service and $24.04 Ste 4 r equirements SPSW Completed five (5) years service and $24.54 Step 5 requirements Maintaining Meet SPSW requirements annually. SPSW status i __. _.. The following differentials will be in effect for the period from January 1, 2011, through June 30, 2011: The Forester position will be paid $.92 per hour above the step that he /she is paid in the Public Service Worker pay plan. This differential will only be paid to the employee specifically hired by the City as the Forester and that meets the minimum requirements of the assignment. 13 TITLE REQUIREMENTS TO MAINTAIN STEP 2011 Rate '.. Lead Worker Meet SPSW requirements annually SPSW + and participate in supervisory / $1.35 per leadership training. hour or $25.89 Working Meet SPSW requirements annually SPSW + Fore(wo)man and participate in supervisory / $4.98 per leadership training. hour or $29.52 The Forester position will be paid $.92 per hour above the step that he /she is paid in the Public Service Worker pay plan. This differential will only be paid to the employee specifically hired by the City as the Forester and that meets the minimum requirements of the assignment. 13 The following differentials will be in effect for the period from January 1, 2009, through June 30, 2011: Employees are evaluated by their supervisor every six (6) months with pay increases granted according to the following schedule, only if the employee has met the minimum requirements outlined in Appendix B: Step Pay Plan. The employee shall receive step progression increases only if he /she has met the minimum standards established for each respective pay grade. Hourly salary for the working fore(wo)men considers compensation for standby duty. Working fore(wo)men will be required to be placed on standby status on a rotational basis. Working fore(wo)men will be required to carry a pager while performing standby duty and be able to respond within a reasonable time frame as defined in Article XII. On July 1, 2011 the City will conduct a market comparison for all public works maintenance bargaining units, clerical bargaining units, and 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 cost of living adjustments (COLA) of all three (3) 14 1TLE _ TI REQUIREMENTS TO ENTER STEP 2011 1 Rate PSW Meet minimum job requirements as outlined Mechanic in the job description and be selected and offered a position. Does not include PSW + Mechanic Foreman position or Mechanic $1.06 per Lead Worker position. hour or $18.79 PSW I Completed 6 months service. Does not PSW I + Mechanic include Mechanic Foreman position or $1.06 per Mechanic Lead Worker position. hour or $19.92 PSW II Completed one (1) years service and Step 1 PSW 11 + Mechanic requirements. Does not include Mechanic $1.06 per Foreman position or Mechanic Lead Worker hour position. or $22.53 PSW III Completed two (2) years service and Step 2 PSW III + Mechanic requirements. Does not include Mechanic $1.06 per Foreman position or Mechanic Lead Worker hour position. or $23.45 PSW IV Completed three (3) years service and Step 3 PSW IV + Mechanic requirements. Does not include Mechanic $1.06 per Foreman position or Mechanic Lead Worker hour position. or $24.65 PSW V Completed four (4) years service and Step 4 PSW V + Mechanic requirements. Does not include Mechanic $1.06 per I Foreman position or Mechanic Lead Worker hour I position. or $25.10 SPSW Completed five (5) years service and Step 5 SPSW + Mechanic requirements. Does not include Mechanic $1.06 per Foreman position or Mechanic Lead Worker hour position. or $25.60 Maintaining Meet SPSW requirements annually. SPSW status Employees are evaluated by their supervisor every six (6) months with pay increases granted according to the following schedule, only if the employee has met the minimum requirements outlined in Appendix B: Step Pay Plan. The employee shall receive step progression increases only if he /she has met the minimum standards established for each respective pay grade. Hourly salary for the working fore(wo)men considers compensation for standby duty. Working fore(wo)men will be required to be placed on standby status on a rotational basis. Working fore(wo)men will be required to carry a pager while performing standby duty and be able to respond within a reasonable time frame as defined in Article XII. On July 1, 2011 the City will conduct a market comparison for all public works maintenance bargaining units, clerical bargaining units, and 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 cost of living adjustments (COLA) of all three (3) 14 combined bargaining unit groups by the recorded increase in the settled contracts. If the City's bargaining units are below the average COLA of the three (3) combined bargaining unit groups the City will apply that percentage to the base wage rates, less the 1% received on January 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. APPENDIX B: STEP PAY PLAN Both sides agree to look into the safety aspect of this step pay plan through the Labor - Management Committee STEP 1 REQUIREMENT GENERAL: 1. High School Diploma, GED, or equivalent. 2. Valid Minnesota Commercial Class A Drivers License with tanker and air brake endorsement, or ability to obtain within six months. 3. Successful completion of the City's physical examination including drug testing. 4. Ability to read, understand, and follow written and oral instructions, including safety rules. 5. Ability to perform repair and maintenance tasks in one or more of the following areas: streets, parks, sewer, water, vehicle /equipment maintenance, routine building, grounds repair and maintenance. 6. Ability to operate small hand tools and minor equipment such as saws, trimmers and riding mowers. 7. Ability to work as a member of a crew or team. 8. Ability to learn all of the minimum skills required to respond to emergency call outs within one year of hire. 9. Ability to read, understand, and follow written and oral instructions, including safety rules. 10. Equipment operator training. 11. Perform snow removal activities. Ice Arena 15 1. Two year degree in Ice Arena or facility management, recreation or five years of experience in field. ® FOOTNOTE: Approved, accredited training to be determined by the Director of Public Works. The City reserves the right to waive years of service requirement for appointment and promotions. STEP 2 REQUIREMENTS GENERAL 1. Meet or exceed all minimum requirements of Step 1. 2. Successful completion of one (1) full year of service. 3. Maintain all required licenses /certifications. 4. Successful completion of all applicable City safety training. 5. Knowledge of location of streets and public facilities. 6. Develop a broader understanding of department job responsibilities, require fewer instructions, and shows improved abilities to complete assigned job tasks. 7. Efficiency in operating all relevant pieces of equipment within respective division. 8. CPR certified and Basic First Aid training, 9. 49'er Phase I by end of second year. 10. Basic knowledge Gopher State One Call procedure. 11. Demonstrate safe work practices and safe driving record. 12. Defensive Driving Training. Street: 1. Demonstrate knowledge of street maintenance and equipment. 2. Minor asphalt patching skills ( "temporary patches'). 3. Minor concrete repair skills, i.e. re -grout catch basin rings. 4. Basic knowledge of operation of bucket truck. 5. Basic knowledge of sign maintenance, and striping. Irv, 6. Traffic control /work zone safety training. 7. Confined space training. 8. Pesticide Training. Parks: 1. Minnesota non - commercial pesticide /herbicide applicator license or playground_inspection certification. 2. Knowledge of parks and facilities and equipment. 3. Perform mowing activities. 4. Perform turf establishment activities including seeding /sodding. 5. Trim trees with hand and power tools. 6. Perform minor carpentry and plumbing repairs. 7. Training in turf management and maintenance. 8. Training in use of bucket truck for trimming. 9. Pesticide Training. Water /Sewer: 1. Knowledge and understanding of City water and sewer system. 2. Knowledge of water /sewer maintenance, tools, equipment and methods. 3. Sanitary storm sewer /sanitary sewer line maintenance (jetting, rodding, etc.). 4. Water /Sewer operations and maintenance of valves, hydrants mains, and other equipment of the trade. 5. Knowledge of generator hook -up and procedures. 6. Confined space training. Fleet and Eguipment Maintenance: 1. Knowledge of vehicle maintenance, facilities and equipment. 2. Perform repair of small engines and vehicle maintenance. 17 3. Training and /or experience equivalent to two -year vocational technical certification in vehicle maintenance. Ice Arena: 1. Possess basic understanding of arena operations. 2. Ability to provide preventative maintenance on assigned equipment. 3. Ability to deal effectively with peers, supervisors, and the public. 4. Ability to understand and perform the following jobs: test and monitor indoor air standards, maintenance of ice sheet, custodial duties, and administrative /office duties, such as class registration, scheduling ice time, handling cash receipts. 5. Ability to operate the following equipment in an efficient and safe manner: resurfacer, lift truck, ice edger, and floor scrubber. 6. Successful completion of forklift training. STEP 3 REQUIREMENTS GENERAL: 1. Meet all requirements of Step 2. 2. Successful completion of two (2) full years of service. 3. Successful completion of all applicable City safety training. 4. Understand department responsibilities and completes departmental functions with minimum instructions. 5. Maintain all required licenses /certifications. Streets: 1. Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more of the following areas included but not limited to: bituminous technology and repair, light and heavy equipment operation, forestry, turf management traffic control, asphalt testing, sign marking, confined space entry, pavement marking, snow removal, Gopher One -call, and surveying. 2. Ability to do the following operations without supervision: street sign repair, and operation of bucket truck. 3. Familiar with Street Striping Procedures. In 4. Completion of 49'er Phase II by end of third year. Parks: 1. Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, light and heavy equipment operation and "Trimming Around Power Lines." 2. Completion of 49'er Phase II by end of third year. Water /Sewer: 1. Class D Water Supply System Operator's Certificate. 2. Training and skills necessary to respond to Gopher -One call locates. 3. Knowledge of hazardous chemicals within industry, including chlorine, hydrofluoric acid, muriatic acid, etc. 4. Completion of 49'er Phase If by end of third year. 5. Ability to assist with street light repairs and locations. Fleet and Equipment Maintenance: 1. Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: advanced vehicles /equipment maintenance or operation, diagnostic skills for passenger vehicles, maintenance of light and heavy equipment and maintenance of public safety equipment. 2. Vehicle CDL inspection certification from a vocational technical school. 3. A.S.E. certifications in three (3) applicable areas, including, but not limited to: engine repair, suspension and steering, brakes, electrical systems, heating and air conditioning, engine performance, and /or other certifications approved by the Director of Public Works, Ice Arena: 1. Possess good working knowledge of building specs and shop drawings. 2. Maintain effective working relationships with program participants and the general public. 3. Ability to prioritize work assignments according to each day's scheduled use of the building. 4. Ability to complete and maintain all record keeping pertaining to assigned job responsibilities 19 5. Ability to work with minimum amount of supervision. 6. Ability to understand and perform the following jobs: Troubleshoot and analyze refrigeration problems, oversee daily operations in absence of facilities manager. 7. Ability to operate the following equipment: refrigeration system, building HVAC system, and microprocessor to control building environment. 8. Successful completion of at least one additional job - related course on ice resurfacer mechanicals, air conditioning, basic electricity, controls, hazardous materials, air volume, refrigeration principals, welding, and micro processors for heating and air conditioning. 9. Meet all current federal requirements on EPA certifications, such as EPA Certificate to Purchase and Handle Refrigerants. STEP 4 REQUIREMENTS GENERAL: 1. Meet all requirements of Step 3. 2. Successful completion of three (3) full years of service. 3. Successful completion of all applicable City safety training. 4. Understand department responsibilities and completes departmental functions with minimum instruction. 5. Maintain all required licenses /certifications. Street: 1. Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including but not limited to, the following areas: bituminous technology and repair, light and heavy equipment operation, traffic control, asphalt testing, sign marking, confined space entry, pavement marking, snow removal, Gopher One -Call, and surveying. 2. Obtain street sweeper operator training. Parks: 1. Completion of course work at approved, accredited college, vocationalltechnical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, light and heavy equipment operation and surveying. 2. Trim around power lines. Water /Sewer: 1. Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: utilities, landscaping irrigation, turf maintenance, building maintenance and construction, concrete finishing, light and heavy equipment operation, surveying and inspections. 2. Knowledge of building and plumbing maintenance. 3. Basic knowledge of and ability to assist on street light repairs. FR - M - VZTATOEKTmn,��� Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: advanced vehicles /equipment maintenance or operation, diagnostic skills for passenger vehicles, maintenance of light and heavy equipment and maintenance of public safety equipment. 2. A.S.E. certifications in three (3) applicable areas, including but not limited to: engine repair, suspension and steering, brakes, electrical systems, heating and air conditioning, engine performance and /or other certifications approved by the Director of Public Works. 3. Perform advances vehicles /equipment maintenance. This involves diagnostic skills in the repair of passenger vehicles and maintenance on light and heavy equipment. 4. Ability to perform maintenance on vehicles, heavy equipment and public safety equipment. Ice Arena: 1. Possess broad working knowledge of all methods and materials used in area of job responsibilities. 2. Participation certificate from a refrigeration seminar, such as Holmsten Ice Rink Systems. 3. Successful completion of at least one plumbing related course. 4. Successful completion of at least one additional job - related course from the attached list and one job - related class. STEP 5 REQUIRMENTS GENERAL.: 1. Meet all requirements of Step 4. 2. Successful completion of four (4) full years of service. 21 3. Successful completion of all applicable City safety and hazardous materials training. 4. Understand department responsibilities and completes departmental functions with minimum instruction. 5. Maintain all required licenses /certification. Street: Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: bituminous technology and repair, light and heavy equipment operation, traffic control, asphalt testing, sign marking, confined space entry, pavement marking, snow removal, Gopher One -Call and surveying. 2. Ability to lay -out, maintain stormwater ponds and install storm sewer culverts without supervision. Completion of course work at approved, accredited college, vocational /technical school, or in- service training one (1) or more areas including, but not limited to, the following areas: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, light and heavy equipment operation and surveying. 2. Trim around power lines. Water /Sewer: Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: utilities, landscaping, irrigation, turf maintenance, building maintenance and construction, concrete finishing, light and heavy equipment operation, surveying and inspections. 2. Basic knowledge of and ability to assist on street light repairs. Completion of course work at approved, accredited college, vocational/technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: advanced vehicles /equipment maintenance or operation, diagnostic skills for passenger vehicles, maintenance of Light and heavy equipment and maintenance of public safety equipment. 2. A.S.E. certifications in four (4) applicable areas, including, but not limited to: engine repair, suspension and steering, brakes, electrical systems, heating and air conditioning, engine performance, and /or other certifications approved by the Director of Public Works. WX 3. Perform advanced vehicles /equipment maintenance. This involves diagnostic skills in the repair of passenger vehicles and maintenance on light and heavy equipment. Ice Arena: 1. Successful completion of at least one hydraulic motor maintenance related course. 2. Successful completion of at least one additional job related course from the attached list and one job - related class at a technical or community college. SENIOR PUBLIC SERVICE WORKER: GENERAL: 1. Meet all requirements of Step 5. 2. Successful completion of five (5) full years of service. 3. Understand departmental operations and performs these jobs. Provide on- the -job training for peers and seasonal employees. 4. Know methods and materials used in area of job responsibility. 5. Work without direct on -site supervision and make on -site decisions related to task assignments. 6. Maintain records in accordance with departmental and City policies. 7. Maintain all required licenses /certifications. Street: 1. Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: bituminous technology and repair, light and heavy equipment operation, traffic control, asphalt testing, sign marking, confined space entry, pavement marking, snow removal, Gopher One -Call, and surveying. 2. Knowledge of and ability to do the following operations without supervision: street sign repair, street striping, and operation of a bucket truck. 3. Demonstrated ability to perform pavement evaluation for Pavement Management Program (PMP). Parks: 1. Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: PAI landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, light and heavy equipment operation and surveying. Water /Sewer: 1. A Class S -D Waste Water Operator's Certificate. 2. A Class C Water Supply System Operator's Certificate. 3. Obtain a Certified Pool Operation Certificate, and ability to maintain pool and perform daily operation. 4. Knowledge of and ability to perform maintenance of water and wastewater system throughout the City. 5. Perform all duties required for emergency situations such as sewer backups and water main breaks. 6. Work with contractors on construction projects. 7. Perform state mandated sampling and testing procedures. & Basic knowledge of and ability to assist on street light repairs. Fleet and Equipment Maintenance: 1. Completion of course work at approved, accredited college, vocational /technical school, or in- service training in one (1) or more areas including, but not limited to, the following areas: advanced vehicles /equipment maintenance or operation, diagnostic skills for passenger vehicles, maintenance of light and heavy equipment and maintenance of public safety equipment. 2. A.S.E. certifications in five (5) applicable areas, including, but not limited to: engine repair, suspension and steering, brakes, electrical systems, heating and air conditioning, engine performance, and /or other certifications approved by the Director of Public Works. 3. Perform advanced vehicles /equipment maintenance. This involves diagnostic skills in the repair of passenger vehicles and maintenance on light and heavy equipment. 4. Perform repairs on heavy equipment. Replacement of worn or defective parts, i.e. brooms and dirt shoes on street sweepers, hoses on hydraulic systems. 1. Successful completion of at least two additional job related courses from the attached list and two additional job related classes at a technical or community college. 24 Senior Public Service Workers must maintain all required licenses /certifications and 40.0 hours of training per calendar year to maintain SPSW status unless training requirement is waived by the employer. Hours shall be allowed for pre- approved training courses directly related to the needs of the employee's division. The Director of Public Works shall be vested with final approval for training education credits. FORESTER: The Forester must understand the timing, techniques and reasons for pruning shade and ornamental trees. In addition, the Forester must be certified and maintain certification as a licensed tree inspector by the State of Minnesota. WORKING FORE(WO)MEN AND LEAD PERSONS: The City reserves the right to waive years of service requirement for appointment and promotions. Working fore(wo)men and lead persons must maintain the minimum qualifications of a Senior Public Service Worker and participate in a City- sponsored supervisory training program or other department approved supervisory/leadership training. A. HOLIDAYS All employees shall be paid for twelve (12) holidays each year. These twelve include ten (10) holidays for all employees: 1. New Year's Day — January 1 2. Martin Luther King Day — Third Monday in January 3. President's Day — Third Monday in February 4. Veteran's Day- November 11 5. Memorial Day — Last Monday in May 6. Independence Day — July 4 7. Labor Day — First Monday in September 8. Thanksgiving Day — Fourth Thursday in November 9. Christmas Day 10. One Floating Holiday — To be scheduled with the permission of the employee's supervisor. Provided on a pro -rata basis based on the actual completed months worked. In addition, Employees may choose any two (2) holidays from the following: 1. Columbus Day 2. Good Friday- Friday before Easter 3. Day After Thanksgiving 4. Christmas Eve The Employee must request the holiday at least two weeks in advance of the holiday. There will be no minimum manning requirements on these four holidays. 25 Call -outs for work - related duties on any of the above - designated holidays will be compensated at four (4) hours time and time and one -half minimum. 1. Effective January 1, 1994, each full -time employee shall earn annual leave at a monthly rate which will total the following amount of annual leave: a. Employees with 0 through 7 years City employment shall earn 144 hours per year. b. Employees with 8 through 15 years City employment shall earn 192 hours per year. C. Employees with 15+ years City employment shall earn 208 hours per year. 2. Except in 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. Except in the case of injury or illness, no annual leave shall be granted until the employee has completed 1,040 hours of work. 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 cases of injury or illness, no employee shall be allowed to take more than 160 consecutive hours of annual leave at one time. 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. 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. 6. Annual leave must be taken in increments of no less than one (1) hour. 7. Except as provided in the conversion section below, 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. 1. Effective January 1, 1994, each employee's existing vacation and sick leave balances shall be converted to annual leave as follows: a. Accumulated vacation leave shall be converted at the rate of one (1) hour of annual leave for each hour of earned, accrued vacation leave, without limitation. 26 b. Accumulated sick leave shall be converted according to the following formula: The first 360 hours or less of earned, accumulated sick leave shall be converted at the rate of one (1) hour of annual leave for each hour of sick leave. The next 361 to 720 hours of earned, accumulated sick leave shall be converted at the rate of one (1) hour of annual leave for each two (2) hours of sick leave. All earned, accumulated sick leave in excess of 720 hours shall be converted at the rate of one (1) hour of annual leave for each three (3) hours of sick leave. 2. Employees who, as a result of this conversion, exceed the maximum carryover limitation, may carry over, as a maximum, the same number of hours to which their accumulated vacation and sick leave 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. 3. Once per year, on either the first pay period after April 1" or the first pay period after October 1 s `, 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 payment equal to twenty four (24) hours of 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. All employees hired prior to January 1, 1994, may exchange up twenty -four (24) hours of accumulated annual leave, regardless of whether they have attained seven (7) years of service. 4. In addition, any employee whose converted hours exceed the maximum carryover 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 forty (40) hours. Should an employee elect to exchange such additional leave, as hereinbefore provided, that additional exchange shall reduce the employee's maximum hours by the same number of hours exchanged for pay. 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. 2. The amount of 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 27 otherwise approved by the City Administrator or his /her designee, and 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 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. 3. The 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. 4. The employee shall further provide to 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 by a physician designated by the City in order to verify the injury or illness of the employee. E. JURY DUTY An employee who serves on jury duty shall be entitled to receive his /her usual compensation for those hours missed from work resulting from actual jury service, subject to a deduction in the amount of compensation received for such jury duty. An employee injured in the line of duty, covered by the Workers Compensation Law of the State of Minnesota, and eligible for Workers Compensation pay, shall be guaranteed their regular base rate of pay by the EMPLOYER for a maximum of ninety (90) working days. Injury on Duty (IOD) pay will start after the employee has been off work due to the injury three (3) working days. The EMPLOYER shall pay the difference between the employee's weekly pay and their weekly Workers Compensation check to the extent that the employee's after -tax net take home does not exceed the employee's after -tax pay earned while working. When the employee has exhausted the employee's ninety (90) day IOD bank, the employee may then draw on the employee's accumulated annual leave. No employee may return to duty without medical verification that the employee is capable of returning to work and performing all the regular duties of their job description unless a return to work under light duty can be arranged. 0..3 The injured employee will allow the EMPLOYER access to the employee's medical records on file with the Workers Compensation Insurance Carrier or State Workers Compensation Commission. Additional benefits paid to the employee will not be charged against the employee's sick leave, vacation or other accumulated benefits within the sixty (60) day period. Effective January 1, 2006, the EMPLOYER agrees to account a maximum of Five Hundred ($500.00) annually in clothing allowance for all employees except those assigned to Fleet Services. New employees hired in the months of January through June shall receive the full amount of clothing allowance; new employees hired in the months of July through December shall receive one -half the clothing allowance for the year in which he /she is hired. Those employees assigned to Fleet Services shall receive an annual amount of $1,100 for combined uniform and tool allowance. The payment of the tool allowance is contingent upon submittal of receipts for tool expenses equivalent to at least the amount of reimbursement sought. The employees assigned to this division may use the uniform/ tool allowance as either reimbursement for rental of uniforms or for reimbursement for the purchase of tools. Payment of uniform allowance must be consistent with Department uniform policy. Unused uniform account balance may be carried over for no longer than one (1) year and forfeited if not used. Under the City's substantiated plan certain uniform purchases will be added to the employee's pay check as taxable income, per IRS guidelines. Uniform allowance is not compensable. Employees will be allowed to purchase work boots and gloves from the uniform allowance. Additionally, any purchases made and reimbursed by the City within 3 months of an employee's voluntary resignation or retirement will require reimbursement to the City for said purchases. The Employer may grant a waiver of this provision for replacement or repair of material damaged in the line of duty, or at the employer's discretion. The City will replace glasses, hearing aids, or other prosthetic devices damaged while on duty. 1. Definition Seasonal /Temporary Employee: An employee who works in a position that is reasonably expected to be 120 working days or less within a January 1 to December 31" time period. All overtime will be offered to full -time employees prior to seasonal/ temporary employees. No seasonal /temporary employee will operate any equipment requiring a "CDL:" License, or any heavy equipment. This position will consist primarily of laborer work. PA Rates of Pay Seasonal /Temporary Employees rate of pay will be in accordance with the seasonal /temporary pay plan established by the City Administrator. 3. Benefits Seasonal/Temporary employees shall not be eligible for any benefits under this agreement except those which may be required by law. 4. Probation Period All newly hired or rehired seasonal /temporary employees will serve a probationary period for the duration of their employment up to one (1) year. At any time during the probationary period, a newly hired or rehired seasonal /temporary employee may be terminated at the sole discretion of the EMPLOYER. 5. Contract Provisions Applicable Seasonal /Temporary employees shall not be covered by the following contract articles: Article VI — Grievance Procedure Article XI - Call Back Article XV - Discipline Article XVI - Seniority Article XX - Insurance Appendix C - Section A - Holidays Appendix C - Section B - Annual Leave Appendix C - Section C - Vacation /Sick Leave Conversion Appendix C - Section D - Short -Term Disability Appendix C - Section E - Jury Duty Appendix C - Section F - Injury on Duty Appendix C - Section G - Uniform And Tool Allowance Lock -Up - The Department of Public Works has agreed to develop a department policy whereby the most senior qualified employee would be assigned to lock -up duties each evening. The assignment of these responsibilities means that the assigned employee will be required to remain on duty until 4:00 p.m. Appropriate overtime wages will be paid for performance of these duties. 2. Overtime - The Department of Public Works has agreed to follow a department policy regarding assignment of overtime. New hires as Public Service Worker will start at the same level of overtime as the lowest regular full time employee. Overtime will be assigned to the lowest qualified employee by division. rt R Purpose - As Public Works employees, the Local 49ers have a much greater exposure to the general public than typical City employees. Because of this exposure and a desire to project a positive professional image, the City of Cottage Grove and Union Representatives have agreed to provide employee uniforms. The im purpose of this policy is to outline policies and procedures regarding the eligibility, wearing, uniform items, issue and replacement, and accessory issue program(s) available Public Works employees. The City reserves the right to modify these guidelines at the City's discretion. a. All full time Public Works union employees are required to wear uniforms and are eligible to receive an annual appropriation for uniforms. b. All part -time employees hired by the Public Works Department shall be provided t- shirts. Part -time employees shall be required to wear these t- shirts while on the job. 3. Wearing of Uniforms a. Unless otherwise instructed, all full and part time employees within the bargaining group receiving a uniform allowance shall wear uniforms and accessory items as prescribed by the Department. i. When the uniform is worn, care should be taken that it fits properly. It should be properly maintained and clean. Belts or suspenders should be worn with trousers. ii. Personnel should not report to work wearing soiled, torn, or unserviceable uniforms. iii. Uniform shirts, polos, sweatshirts, coveralls, jackets and parkas shall have the City of Cottage Grove name and employee name embroidered or tagged on all uniforms. These labels shall be maintained on the uniform throughout the life of the uniform. iv. Personnel are required to wear as footwear a sturdy leather boot with a minimum ankle support of 6 inches; steel toes are optional at the discretion of the employee. A boot with a blend of cordura nylon and leather may be acceptable with approval of your supervisor. No tennis or canvas type shoe may be purchased as part of the uniform allowance, including leather tennis shoes with a steel toe. v. All employees will be expected to begin and end their work day in uniform. City time will not be granted to change into or out of uniforms. b. Personnel are responsible for wearing the proper safety equipment as needed for any assigned duty. C. Off duty wear of the uniform will be governed by the following policies: I. Labeled uniforms (with the exception of jackets), are not permitted to be worn during off duty hours for personal use. This includes any 31 shopping, except a short stop at a convenience store, fast food restaurant, etc. Uniforms are not to be used for personal work clothing. ii. No personnel, while in labeled uniforms shall consume alcoholic beverage. 4. Uniform Items a. The basic uniform issue is as follows: i. Pants - Employees shall be permitted to purchase or rent industrial style pants and /or purchase blue /black jeans at a store of their choice, and be reimbursed for out of pocket expenses for store bought purchases. Original store receipts will be required for reimbursement. ii. BUTTON DOWN SHIRTS - Employees shall be permitted to purchase and /or rent short and long sleeve, button down shirts in approved colors, provided by authorized vendors. (Attachment A) iii. POLO SHIRTS - Employees shall be permitted to purchase and /or rent polo shirts in approved colors, provided by authorized vendors. (Attachment A) iv. SWEAT SHIRTS - Employees shall be permitted to purchase sweat shirts in approved colors, by authorized vendors. (Attachment A) v. T- SHIRTS - Employees shall be permitted to purchase orange t- shirts by authorized vendors. No tank tops shall be permitted. vi. JACKETS /PARKAS - Employees shall be permitted to purchase jackets and parkas in approved colors by authorized vendors. vii. COVERALLS - Employees may purchase insulated Carhartt coveralls and bibs, brown in color. Uninsulated coveralls may be purchased from authorized vendors. b. The basic safety accessory issue (City purchased) for full time employees shall be as follows: i. hard hat with liner ii. traffic safety vest M. protective eye wear iv. hearing protection v. cloth work gloves vi. specialty work gloves (attachment B) NOTE: Replacement of specialty and cloth work gloves will be on an exchange basis with authorization for supervisory personnel. 10 c. The seasonal part -time employee uniform and safety accessory issue (City purchased) is as follows: I. traffic safety vest (when appropriate) ii. protective eye wear iii. hearing protection iv. cloth work gloves v. specialty work gloves vi. orange t- shirts (3) Seasonal employees shall report for work in blue /black jeans or industrial pants. Personnel should not report to work wearing soiled, torn, or unserviceable uniforms. d. Other safety equipment required will be provided as needed. e. All other special items used by individual divisions shall be purchased and issued by the division supervisor on a case by case basis. All special issue items must be approved by the Director of Public Works. 5. Issue and Replacement a. At the time of initial employment, the basic uniform issue items shall be rented /purchased and issued when received, to the eligible employee. Employees hired prior to July 1st shall receive the full clothing allowance as stated in the Union contract agreement. On or after July 1 employees shall be eligible to receive one half the annual uniform allowance. The basic uniform accessory issue will be issued immediately, based on availability. If a union member is on unpaid status for six to twelve months, they will forfeit one -half the yearly clothing allowance (in the following year if already paid), twelve to eighteen months, the yearly clothing allowance; and so on. b. Each employee shall be allowed to purchase boots and boot accessories in an amount not to exceed $300.00 during the two year uniform allowance cycle. Any expenditure in excess of $300.00 will be the responsibility of the employee. c. Prescription eye wear shall be replaced at City expense if broken during the performance of assigned duties, unless broken due to employee negligence. Eye examinations shall be at the expense of the employee. d. Replacement of all uniform and accessory items shall take place once a determination has been made that they are no longer serviceable. Unserviceable is defined as follows: i. Torn, ripped or soiled beyond reasonable repair or cleaning. Small tears or rips shall be repaired promptly. ii. Worn out by normal wear and washing to the point they are disintegrating. 33 iii. The uniform does not fit due to change in body dimensions. e. Replacement requests will be processed by a Union Representative and records maintained by the Public Works Administrative Secretary. I. Rental uniform items will be ordered and repaired by approved vendors on an as needed basis. ii. Basic safety accessory items shall be maintained in stock on a continuous basis for issue as is practical. iii. Uniform items may be purchased semi - annually. The City shall require all new employees to purchase at least five (5) new shirts, three (3) pants and a jacket at time of hire. Thereafter, employees shall be required to purchase at least three (3) new shirts and three (3) pants each calendar year. iv. Employees purchasing pants, boots and other approved uniform apparel shall be reimbursed semi - annually, following the submittal of original sales receipts. All receipts may be submitted no earlier than thirty (30) days prior to June 1 and December 1. It shall be the responsibility of the employees to keep track of receipts, prior to submittal dates. v. Any unused uniform allowance fund balances at the end of the first year of the two year uniform allowance cycle will be carried forward to the following year. Any outstanding fund balance after the second year will be returned back to the City. 6. Uniform Turn In Requirements a. All rental and safety issue items shall be turned in by the last day of employment, upon termination, resignation or retirement of an employee. Uniforms purchased by employees shall be retained by the employees. Established this day of , 1995. 1. Non- Prescription Safety Glasses — The City will provide each regular and seasonal employee with one pair of industrial eye protection glasses using the ANS 287.1 -1989 Standard (American National Standard Institute). (Per OSHA regulations, eye protection must have manufacturer ID and ANSI approval.) a. The three types that are offered are glasses - style, goggles and full face shields. City provided safety sunglass lenses are also provided as needed. b. Non - prescription glasses will be replaced when lost or damaged during work hours, performing job duties, providing it is not a recurring problem. 34 2. Prescription Safety Glasses a. The City will provide prescription safety glasses to all regular Public Works employees every two years effective January 1, 2001. b. Employees who require prescription eyewear shall be responsible for all costs associated with determining the strength of prescription required. Employee health insurance typically covers the cost of annual eye examinations. c. If an employee desires a second pair of safety glasses they are solely responsible for purchase of said glasses. d. Task oriented specialty glasses will be supplied on a case by case basis with prior approval from the employee's supervisor. 3. Replacement of Safety Glasses a. The City will provide prescription safety glasses to all regular Public Works employees every two years effective January 1, 2001. b. The City will replace glasses if loss or damage occurs during work hours while performing job duties. Proof of loss or damage and prior approval shall be required prior to purchasing of new glasses. c. Replacement due to prescription change will be allowed with doctor recommendation and prior approval by supervisor once per year, effective January 1, 2001. d. If negligence is proven, replacement will be at employee expense. e. Loss or damage to non - safety glass prescription eyewear shall be replaced at employee expense. 4. Prescription Safety Glasses a. For prescription wearers: cost of the glasses up to $125.00 5. Procedure for Reimbursement Claims for Prescription Safety Glasses a. Obtain the appropriate form for reimbursement from Public Works Administration. b. Bring a receipt and the copy of the order form to Public Works Administration. Your request for reimbursement will be processed at that time, via the City's accounts payable procedures. 35 c. Employees shall be reimbursed after submitting the appropriate form and proof of purchase. 6. Special Provision a. Each employee will be given a copy of OSHA 29 CFR 1910.133 and will be required to wear safety glasses when performing a safety sensitive job as described in 1910.133. Adopted this day of 2001. KTQ CPF ME MORANDUM OF i i Between THE FOLLOWING AGREEMENT ADDRESSES CONTRIBUTIONS TO THE LOCAL 49'S CENTRAL PENSION FUND, SHOULD THERE BE MAJORITY APPROVAL TO PARTICIPATE. The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). The CPF is a supplemental Pension Fund authorized by Minnesota Statute § 356.24, subdivision 1(10). The parties agree that the agreed upon amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre -tax employer contributions. Contributions from the City will not be funded from any other source other than this wage reduction. The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund at 4115 Chesapeake Street NW, Washington, DC 20016 For purposes of determining future wage rates, the Employer shall first restore the amount of the wage reduction, which is currently the CPF contribution rate of $1.44 per hour, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. For purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction ($1.44/hr) then apply the applicable 1.5 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount for overtime worked. A contribution of $2.40 per straight time hour worked prevents any employee's annual CPF contributions from exceeding $5,000.00 in a year and therefore complies with the limitations set forth under Minnesota Statute § 356.24, subdivision 1(10) as amended in 2002. The parties agree that the Public Employees Retirement Association interprets employer contributions to the CPF as being included in determining "salary" for the purposes of the public pension. The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. Effective 1/1/2008 the contribution rate equals $1.44 per straight time hour worked. Members, by majority vote, may change the contribution rate at anytime during the life of this agreement. The Union and the employer will work together to implement member approved changes as soon as is practicable. This Letter of Understanding serves to detail the terms and conditions of the pension contribution and express the undersigned parties' understanding thereof. 37 For the City of Cottage Grove For IUOE, Local 49 Ryan Schroeder, City Administrator Todd Doncavage, ABR Dated Dated KI3 The purpose of this Letter of Understanding is to assist both Labor and Management in dealing with Commercial Drivers License (CDL) rules and the pending changes to those rules. The following conditions will apply to no more than three (3) Public Works employees in the Local 49 Bargaining Unit at any given time. A. If an employee temporarily loses his /her driver's license, the employer will accommodate the employee by assigning him /her duties that do not require a driver's license for 90 days. During this 90 day period a seventeen percent (17 %) wage reduction will be in effect. If on the 91 day the employee still has his /her regular, unrestricted driver's license revoked /suspended the City has 2 options. The City can terminate the employment of the employee or they can extend the accommodation until the employee has his /her regular, unrestricted driver's license reinstated. The extended accommodation period will last no longer than 180 days from the date of revocation /suspension. If the City chooses to extend the accommodation instead of terminate the employee, a forty percent (40 %) wage reduction will be in effect. The City may choose to terminate an employee after the 90 day period or offer him /her the 91 to 180 day accommodation extension at its sole discretion. This decision cannot not be grieved or arbitrated. If the City chooses to offer the 91 to 180 day accommodation extension rather than terminate the employee, the employee will have the full 180 days from the revocation /suspension date to get his /her regular, unrestricted driver's license reinstated.. If the City does offer the employee the 91 to 180 day accommodation extension the forty percent (40 %) wage reduction will remain in effect until the employee gets his /her regular, unrestricted driver's license reinstated. If and /or when the employee gets his /her regular, unrestricted driver's license reinstated the wage reduction will revert back to the seventeen percent (17 %). If the employee does not have a regular, unrestricted driver's license on the 181 day after revocation /suspension the employee will be terminated. The employee will have 395 days after the date of revocation /suspension to get his /her Commercial Driver's License (CDL) reinstated. If the employee does not have his /her CDL on the 396 day after revocation /suspension the employee will be terminated. 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 Substance Abuse Professional. Proof of compliance with the Substance Abuse Professional recommendations will be provided to the Employer. 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 the Department of Transportation's required random testing. F. 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, 2011, through December 31, 2011. This current MOU shall replace any and all previous versions. As of January 1, 2012, this Memo may be extended, modified, or eliminated at either parties' request. For the City of Cottage Grove Ryan Schroeder, City Administrator Dated Todd Doncavage, ABR Dated .N Between CITY OF COTTAGE GROVE And LOCAL NO. 49 The City has, as an exercise of its management rights under Section 5.1 of the collective bargaining agreement and the authority granted by Section 9.1, has decided to conduct a trial program in which employees will be permitted to work a Summer Hours work schedule on a daily basis with the understanding that a Summer Hours work schedule, including paid holidays, or other leave, must equal a 40 -hour work week. Because implementation of this flexible schedule potentially impacts existing terms and conditions of employment established by the collective bargaining agreement, including but not limited to application of the overtime provisions of Article 10 and the holiday and annual leave provisions of Appendix C, the City has negotiated the implementation of the Summer Hours work schedule with the Union. As a result of these negotiations, the parties have agreed that certain provisions of the existing collective bargaining agreement should be modified on the following matters associated with the implementation of the flexible schedules as follows: A. Summer Hours work schedules are intended to provide for modified daily work hours with additional time off around the Saturday and Sunday weekend. Summer Hours work schedules must assure that City services are maintained at a level not less than a regular 40 hour work week. B. The City reserves the right to alter Summer Hours work schedules during weeks of planned events in accordance with section 9.2. The City reserves the right to alter Summer Hours work schedules for emergencies or as unanticipated conditions warrant, in accordance with section 9.3. C. Time Period: For 2011, Summer Hours will start on Monday, May 16 For 2011, Summer Hours will end on Friday, September 2 All 4 (four) divisions (Parks, Streets, Utilities and Fleet) must participate in the Summer Hours work schedule. D. Holidays: Summer Hours work schedules may be utilized during the three holiday weeks that fall during the normal summer months; Memorial Day, 4th of July and Labor Day, as designated in the labor agreement. A Summer Hours work schedule may be used during those holiday weeks as long as the Summer Hours work schedule results in a combination of 32 hours of time worked, Annual Leave, comp time used and 8 hours of holiday pay. E. Working Hours: The Summer Hours work schedule will be 9 (nine) hours per day, Monday through Thursday and 4 (four) hours per day on Friday. The hours of work Monday through Thursday will be 6:00 AM to 3:30 PM. The hours of work on Friday will be 6:00 AM to 10:00 AM. Break and lunch schedules may vary in some cases and may be eliminated if agreed to by employees and approved in advance by the 41 Public Works Director and Public Works Supervisor. Employees are required to take breaks and /or lunches at work sites. F. Overtime: Employees may work hours in excess of eight hours per day without being eligible for overtime pay. Overtime will be paid for the hours worked in excess of the Summer Hours work schedule for that day or in excess of 40 hours within a seven (7) day period (Monday through Sunday). For employees electing to work a flexible work schedule, this agreement temporarily suspends the current Labor Agreement's Article X, Section 10.1, which provide for overtime compensation when an employee works in excess of eight hours in a 24 -hour period. As a result, overtime for those staff on a flexible work schedule will be those work hours in excess of the scheduled flexible work hours within a 24 hour period (except for shift changes) or 40 hours within a 7 day period (Monday through Sunday). G. Annual Leave: Employees will be charged leave time for absences in an amount that corresponds to the time that he /she would have worked that day and /or days. The Employer or Union may terminate this Memorandum of Understanding with a seven (7) day notice to the Union Business Agent, City Administrator, Public Works Director and Union Stewards. Termination of this Memorandum of Understanding is not grievable. In the event that this Agreement is terminated, the provisions of the collective bargaining agreement then in effect will apply. This Memorandum of Agreement and the operation of this program does not operate as a waiver of any City or Union rights and may not be utilized to establish a past practice. This agreement has no expiration date, unless terminated for all divisions as set forth in accordance with the above paragraph. Ryan Schroeder, City Administrator a • Todd Doncavage, ABR 42 111111 ;;J 11111 ]111 11 1411 V&SI&ON EI JAMMILn I_I:r.r+za1NIr ; •. Both parties agree to conduct a comprehensive review of the short -term disability program in 2011. Any changes to the program are subject to negotiations between the parties. For the City of Cottage Grove For IUOE, Local 49 Ryan Schroeder, City Administrator Todd Doncavage, ABR 43