HomeMy WebLinkAbout2011-03-16 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION
COUNCIL
MEETING
DATE 3/16/2011
AGENDA
ITEM #
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PREPARED BY: Administration
ORIGINATING DEPARTMENT
Joe Fischbach
STAFF AUTHOR
COUNCIL ACTION REQUEST:
Consider approving the 2010 Firefighters labor contract.
STAFF RECOMMENDATION:
Approve the 2010 Firefighters labor contract.
BUDGET IMPLICATION: $ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION:
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
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SUPPORTING DOCUMENTS:
DATE REVIEWED APPROVED
DENIED
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❑ MEMO/LETTER: Memo from Joe Fischbach dated 3/4/2011
❑ RESOLUTION:
❑ ORDINANCE:
F ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER: labor contra-It
7 )_1 L i
City Administrator Date
COUNCIL ACTION TAKEN: APPROVED F DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
To: Honorable Mayor and City Council
From: Joe Fischbach, Human Resources Coordinator
Date: March 4, 2011
Subject: 2010 Fire Contract
The City and the Firefighters union have reached a tentative agreement on a 2010 labor
contract, subject to City Council approval. The union members have voted and passed the
contract.
They have agreed to a 2% cost -of- living- adjustment (COLA), effective December 31, 2010.
This is essentially the same COLA all other groups received. As you may recall the 49ers
group received a 2% COLA on January 1 but had to take 41 hours of unpaid leave. This
resulted in the same payroll costs as all the other groups who had the COLA effective on
December 31 We also agreed on the same health insurance language all other employee
groups have. No others changes were made to the contract.
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Consider approving the 2010 Firefighters labor contract.
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1. RECOGNITION
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CALLBACK V.
IX. ANNUAL LEAVE CONVERSION
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HOLIDAYS
XIX. INSURANCE
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INTERNATIONAL ASSOCIATION OF -
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This AGREEMENT made and entered into by and between the CITY OF COTTAGE
GROVE, hereinafter referred to as the EMPLOYER, and the INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2570, hereinafter referred to as the
UNION.
The intent and purpose of this AGREEMENT is to:
1. Provide a procedure for the resolution of disputes concerning this AGREEMENT's
interpretation and /or application; and
2. Establish a full and complete understanding of the parties concerning standards of
wages, hours, terms, and other conditions of employment for the duration of the
AGREEMENT.
1.1 The EMPLOYER recognizes the UNION as the exclusive representative for all
firefighters employed by the City of Cottage Grove, Minnesota, who are public
employees within the meaning of Minnesota Statute 179A.03, Subdivision 14,
excluding supervisory and confidential employees.
1.2 In the event the EMPLOYER and the UNION are unable to agree as to the
inclusion or exclusion of a new or modified job position, the issue shall be
submitted to the Bureau of Mediation Services for determination.
In recognition of the UNION as the exclusive representative, the EMPLOYER shall:
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2.1 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
2.2 Remit such deduction to the appropriate designated officer of the UNION.
2.3 The UNION may designate certain employees from the bargaining unit to act as
Stewards and shall inform the EMPLOYER in writing of such choice.
2.4 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.
3.1 The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct and determine the number of
personnel; to establish work schedules; and to perform any inherent managerial
function not specifically limited by this AGREEMENT.
3.2 Any term and condition of the employment not specifically established or
modified by this AGREEMENT shall remain solely within the discretion of the
EMPLOYER to modify, establish or eliminate.
4.1 Employees will be compensated at one and one -half (1 -1/2) times the
employee's rate of pay for hours worked in excess of the employee's scheduled
shift. Changes of shift do not qualify an employee for overtime under this Article.
4.2 Overtime will be distributed as equally as practicable within the same job
classification.
4.3 For the purpose of computing overtime compensation overtime worked shall not
be pyramided or paid twice for the same hours worked.
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5.1 An employee covered by this AGREEMENT who is called back to work from off -
duty at a time other than the employee's normally scheduled shift, will be
compensated for a minimum of two (2) hours' pay at one and one -half (1 -1/2)
times the employee's basic pay rate. An employee called back within two (2)
hours of the employee's starting time, will be paid overtime pay only for that time
before the employee's starting time. The time to be computed is from the time
the call is received by the dispatcher until released by the officer in charge.
5.2 An employee who is required to answer a medical pageout will receive a
minimum of four (4) hours pay at one and one -half (1 -1/2) times the employee's
base pay rate, regardless of whether it is the employee's scheduled day off or
scheduled work day. Shift extension or early report to duty within four (4) hours
of the commencement of a scheduled shift shall be treated under Section 13.1
and shall not be subject to the four (4) hour minimum.
6.1 The sole authority to establish and revise work schedules is that of the
EMPLOYER. The normal work week shall be an averaged forty (40) hours. The
work year will be 2080 hours. In no case shall an employee work more than
2080 hours in any one calendar year at straight time (paid work time,
compensatory time, annual leave time, ninety -six (96) hours holiday time, and
training time will be credited toward 2080 hours).
6.2 The City will give five (5) days' advanced written or oral notice to the employee
affected by establishment of work days different from the employee's regular
work schedule. Written notice shall not be given on days off.
6.3 The EMPLOYER may change the work schedule of an employee with less than
five (5) working days advance notice in the event that work is required because
of an emergency situation, breakdown of municipal equipment or facilities, or
employee illness /injury. Temporary, non - emergency shift change requirements
which involve less than five (5) days' advance notice will be posted requesting
employees to volunteer for such shift changes.
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7.1 UNION: The International Association of Firefighters, Local 2570
7.2 DEPARTMENT HEAD: The Public Safety Director of the City of Cottage Grove
or designated representative
7.3 EMPLOYER: The City of Cottage Grove
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7.4 UNION MEMBER: A member of International Association of Firefighters, Local
2570
7.5 EMPLOYEE: A member of the formally recognized bargaining unit
7.6 SENIORITY: The length of continuous full -time service with the City of Cottage
Grove
7.7 PROBATION: All new or rehired employees will serve a twelve (12) month
probationary period
7.8 HOLIDAYS: Days off with pay or if worked, paid premium pay
7.9 OVERTIME: Work performed at the express authorization of the EMPLOYER at
times other than the normal hours of duty
7.10 UNION OFFICER: Officer elected or appointed by the International Association
of Firefighters, Local 2570
8.1 Effective January 1, 1992, each full -time employee shall earn annual leave at a
monthly rate which will total the following amount of annual leave:
0 through 7 years City employment
8 through 15 years City employment
15+ years City employment
144 hours per year
192 hours per year
208 hours per year
8.2 Except in the case of injury or illness, annual leave may only be taken upon
approval of the employee's supervisor, which approval shall not be unreasonably
withheld. Except in the case of injury or illness, no annual leave shall be granted
until the employee has completed 1,040 hours of work.
8.3 Annual leave earned shall be accrued and the total number of earned annual
leave hours shall be provided to the employee each pay period. Annual leave
with pay may not be taken unless it has been earned. Except in the case of injury
or illness, no employee shall be allowed to take more than 160 consecutive
hours of annual leave at one time.
8.4 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.
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8.5 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.
8.6 Annual leave must be taken in increments of no less than one (1) hour.
8.7 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.
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9.1 Once per year, on either the first pay period after April 1 or the first pay period
after October 1, any employee who has completed at least seven (7) years of
service with the City may exchange up to twenty -four 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.
10.1 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.
10.2 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 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, Social
Security, 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.
10.3 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
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first twenty (20) consecutive working days of the employee's absence was due to
injury or illness.
10.4 In order to continue receiving short -term disability benefits, an employee must
regularly submit medical documentation substantiating the disability for the
duration of the disability at the City's request from a physician certifying that the
absence from work is due to injury or illness.
10.5 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 at the City's expense by a physician designated by the City in
order to verify the injury or illness of the employee.
10.6 Each new event which results in short -term disability benefits shall be preceded
by a new waiting period of twenty (20) consecutive working days. Each new
event shall be subject to the provisions of this Article.
11.1 Employees shall have the right to exchange shifts with the approval of the Fire
Chief or the Fire Chiefs designee.
Left Intentionally Blank
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12.1 Salaries effective January 1, 2010 through December 31, 2010.
Classification
Start to 1 Year
After 1 Year
After 2 Years
After 3 Years
After 4 Years
After 5 Years
211
Hourly Rate Hourlv Rate
111 - 12/3012010 12/31/2010
$20.81
$21.23
$21.61
$22.04
$22.65
$23.10
$23.69
$24.16
$24.73
$25.23
$2517
$26.29
Hourly Rate Hourly Rate
1/1 - 12/30/2010 12/31/2010
$29.84 $30.44
13.1 A differential of seven percent (7 %) of the base hourly rate.
14.1 Any person covered by this AGREEMENT who is required to accept the full
responsibility and carry out the duties of a position of rank within the bargaining unit
above that which the employee normally holds, shall be paid at the rate for that
position or rank while so acting when position is covered for more than two
consecutive weeks.
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15.1 Each regular employee will receive twelve (12) paid holidays per year as follows:
1. New Years Day
2. Martin Luther King Birthday
3. Presidents' Day
4. Memorial Day
5. Independence Day
6, Labor Day
7. Veterans' Day
8. Thanksgiving Day
9. Day after Thanksgiving Day
10. Christmas Eve Day
11. Christmas Day
12. Floating Holiday
15.2 If an employee is assigned to work on a holiday, said employee will be paid his /her
regular salary plus time and one -half (1 -1/2). If an employee is assigned to work
more than five (5) holidays, said employee will be paid his /her regular salary plus
double time for each holiday worked in excess of five (5) days. Employees will be
able to determine the holidays they want to work based on seniority except that no
employee will be able to make the determination if they have worked more than five
(5) holidays or if all employees with less seniority worked more than five (5)
holidays.
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16.1 Seniority will be the determining criterion for transfers, promotions and lay offs
only when all job - relevant qualification factors are equal.
16.2 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 notification of recall by registered mail at the employee's last
known address to report to work or forfeit all recall rights.
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17.1 All appendices and amendments to this AGREEMENT shall be lettered, dated and
signed by the responsible parties and shall be subject to all the provisions of this
AGREEMENT.
Page 10
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18.1 The EMPLOYER will provide all approved, City- required uniform articles and
equipment.
19.1 The EMPLOYER shall pay a contribution per month per employee as defined
below. The contribution may be used toward the premium for group medical
coverage. Contribution amounts available but not used for medical coverage can
be used for dental insurance for the employee and the employee's dependents,
and toward the premium for additional life insurance or long -term disability
coverage for the employee. Effective January 1, 2002, all new employees who
work an average of thirty one (31) hours per week or more must enroll in a
minimum of single medical coverage.
Employer Contribution
The employer contribution into the employee's HSA will be on a monthly basis
(1/12 each month). The employer contribution amount is provided on a matching
basis of 2 (two) employer dollars for every 1 (one) dollar contributed by the
employee, up to the annual employer maximum.
All new employees must enroll in a minimum of single medical coverage.
Employees who are currently waiving insurance and receiving waiver
compensation will continue to receive the waiver compensation. Employees not
currently waiving will have a one time opportunity to waive coverage during the
2010 Open Enrollment period. They will not, however, receive any compensation
for waiving coverage. if an employee receiving the waiver compensation elects
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2010
Single:
MIC Choice $1000 ded
90% of premium
(old HP61 & hd14)
HSA
100% of premium plus $700 contribution into HSA
(old HSA2000)
(on matching basis)
Family:
MIC Choice $1000 ded
Same as Base plan contribution toward HSA
(old HP61 & hd14)
premium
HSA
75% of premium plus $1,400 contribution into HSA
(old HSA2000)
(on matching basis)
Waiver for those
grandfatbered in
$225
(waiving before 1/1/2006)
The employer contribution into the employee's HSA will be on a monthly basis
(1/12 each month). The employer contribution amount is provided on a matching
basis of 2 (two) employer dollars for every 1 (one) dollar contributed by the
employee, up to the annual employer maximum.
All new employees must enroll in a minimum of single medical coverage.
Employees who are currently waiving insurance and receiving waiver
compensation will continue to receive the waiver compensation. Employees not
currently waiving will have a one time opportunity to waive coverage during the
2010 Open Enrollment period. They will not, however, receive any compensation
for waiving coverage. if an employee receiving the waiver compensation elects
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City insurance and then waives again, they will not be eligible for the waiver
compensation.
19.2 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.
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20.1 An employee injured in the line of duty, covered by Worker's Compensation laws
of the State of Minnesota and eligible for Worker's Compensation pay and other
insurance, shall be guaranteed the employee's regular pay by the EMPLOYER
for sixty (60) days less the first three (3) days the employee is off work due to
injury. The EMPLOYER will pay the difference between the Firefighters' weekly
pay and Worker's Compensation check. At the end of the sixty- (60) day period,
the Firefighter may draw on accumulated annual leave and holidays. The
EMPLOYER will require the injured Firefighter to provide a doctor's certificate
that the Firefighter is capable of returning to work and to resume normal duties.
The injured employee will allow the EMPLOYER access to medical records on
file with the Worker's Compensation insurance carrier or State Worker's
Compensation Commission.
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21.1 When vacancies occur in positions covered by this AGREEMENT, or when new
positions are created, notice of such vacancies and /or newly created positions
shall be posted on appropriate bulletin boards immediately for a period of six (6)
working days. A copy of such posting shall be supplied to the President of the
Local Union.
21.2 Employees will be allowed a probationary period of one year. If, during that
period, said employee, in the opinion of the EMPLOYER, fails to perform
satisfactorily the duties of the new position, the employee will be permitted to
return to the employee's original position without loss of seniority. It is the
intention of this clause to normally return an unsuccessful bidder to their original
position.
ARTICLE XXII - PERSONNEL REDUCTION
In the case of personnel reduction:
22.1 Employees will be laid off and recalled on the basis of seniority.
22.2 Employee's recall rights shall terminate after two (2) years of continuous layoff.
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22.3 Recalled employees must report for work within twenty -one (21) working days
after recall or lose recall rights.
22.4 No new employee shall be hired until the laid off employee has been given the
opportunity of returning to work.
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23.1 This grievance procedure is established to resolve any specific dispute between
the employee and the EMPLOYER concerning and limited to the interpretation or
application of the provisions of this AGREEMENT. The UNION will notify the
EMPLOYER annually of members of the grievance committee and of changes to
same.
23.2 A grievance shall be resolved in the following manner: The grievance shall set
forth the nature of the grievance, the facts on which it is based, the specific
provision or provisions of the contract allegedly violated, and the relief requested.
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 FIRE CHIEF. The
FIRE CHIEF will discuss and give an answer to such Step 1 grievance within ten
(10) calendar days after receipt. A grievance not resolved in Step 1 and
appealed to Step 2 shall be placed in writing setting forth the nature of the
grievance, the facts on which it is based, the provision or provisions of the
AGREEMENT allegedly violated, and the remedy requested and shall be
appealed to Step 2 within ten (10) calendar days after the FIRE CHIEF'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 PUBLIC SAFETY DIRECTOR. The PUBLIC SAFETY
DIRECTOR shall give the UNION the EMPLOYER'S Step 2 answer in writing
within ten (10) calendar days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days
following the PUBLIC SAFETY DIRECTOR'S final Step 2 answer. Any grievance
not appealed in writing to Step 3 by the UNION within ten (10) calendar days
shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and
discussed with the CITY ADMINISTRATOR OR DESIGNEE. The CITY
ADMINISTRATOR OR DESIGNEE shall give the UNION the EMPLOYER'S
answer in writing within ten (10) calendar days after receipt of such Step 3
grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within
ten (10) calendar days following the CITY ADMINISTRATOR'S OR
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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.
23.3 The decision of the arbitrator shall be final and binding on both parties. The fee
and expense of the arbitrator shall be divided equally between the EMPLOYER
and the UNION, provided however, 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.
23.4 The EMPLOYER and the UNION mutually agree that the grievance and
arbitration procedures contained in this AGREEMENT are the sole and exclusive
means of resolving all grievances arising under this AGREEMENT.
23.5 An employee presenting a grievance may elect to be represented by a UNION
representative of the employee's choice at any step in the grievance procedure.
23.6 The time limits established by this Article may be extended by mutual consent of
the EMPLOYER, the employee, and the UNION.
23.7 If the finding of a resolution of a grievance at any step in the procedure is not
continued within the prescribed time limits, said grievance shall be considered
resolved on the basis of the last answer provided, and there shall be no further
appeal or review. Should the EMPLOYER not respond within the prescribed time
limits, the grievance will proceed to the next step.
24.1 Each full -time employee will complete one (1) full year of service upon the
anniversary of the employee's entrance into the Fire Department as a full -time
employee. Volunteer service will not be considered for service time.
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25.1 Jury Duty: An employee who is summoned to serve on a jury shall be granted
compensation equal to the difference between the employee's regular rate of pay
and compensation paid to the employee for serving on a jury. An employee who
is excused from jury duty prior to the completion of an eight (8) hour work day is
expected to return to work for the completion of that day. An employee shall
notify his /her supervisor upon receipt of a summons to appear for jury duty, in
order to claim jury leave.
25.2 Court Time: An employee who is required to appear in court on Fire Department
business during the employee's scheduled off -duty time shall receive a minimum
of two (2) hours' pay at one and one -half (1 -1/2) times his /her regular rate of pay.
The employee does not qualify for the two (2) hour minimum when the court
appearance falls during his /her regularly scheduled shift.
25.3 An employee who is required to appear in court on his /her scheduled day off will
receive a minimum of four (4) hours pay at one and one -half (1 -1/2) times the
employee's base pay rate.
If a court appearance on off -duty time is canceled with less than eight hours
notice to the employee, the employee shall receive a minimum of two hours pay
at one and one -half times the employee's base rate.
26.1 The EMPLOYER will discipline employees only for just cause.
26.2 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).
27.1 This AGREEMENT is subject to the laws of the United States, the State of
Minnesota, and Washington County. In the event any provision of this
AGREEMENT shall be held contrary to law by a court of competent jurisdiction
from whose final judgment or decree no appeal has been taken within the time
provided, such provisions shall be voided. All other provisions shall continue in
full force and effect. The voided provision may be renegotiated at the request of
either party.
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28.1 This contract represents the complete AGREEMENT between the EMPLOYER
and the UNION and shall be effective as of the 1st day of January 2010, and
shall be in full force and effect until the 31 st day of December 2010.
29.1 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.
29.2 The parties mutually acknowledge that during the negotiations which resulted in
the 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 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.
IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT effective
January 1, 2010.
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