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HomeMy WebLinkAbout2012-05-16 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 5/16/2012 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 w w w w w w w w w w w w COUNCIL ACTION REQUEST Consider approving the 2012 -2014 Patrol and 49er labor contracts, adopting a Resolution approving the 2012 Non - Represented Pay Plan and adopting a Resolution amending the Personnel Policy to include a Short -term Disability Bank. STAFF RECOMMENDATION Approve the 2012 -2014 Patrol and 49er labor contracts, adopt the Resolution approving the 2012 Non - Represented Pay Plan and adopt the Resolution amending the Personnel Policy to include a Short -term Disability Bank. BUDGET IMPLICATION $ BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV, AUTHORITY SUPPORTING DOCUMENTS ACTUAL AMOUNT FUNDING SOURCE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from Joe Fischbach dated 5/11/2012 ® RESOLUTION: Non - Represented Pay Plan Resolution 12 -xxx, Personnel Policy amendment Resolution 12 -xxx ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: labor contracts ADMINISTRATORS COMMENTS CITY OF COTTAGE GROVE MINNESOTA To: Honorable Mayor and City Council From: Joe Fischbach, Human Resources Coordinator, Date: May 11, 2012 Subject: Patrol and 49er Labor Contract and Non - Represented Pay Plan Introduction The City and the Police Patrol and 49er (Public Works) labor unions have tentatively agreed to 2012 -2014 labor agreements, subject to City Council approval, Staff is also recommending the City Council approve the 2012 Non. - Represented Pay Plan. Staff is also recommending adoption of a Personnel Policy amendment to incorporate the Short -term Disability Bank that will be discussed in detail further in the memo. Background The City has a consistent history of parity regarding wages, handling of medical benefits, and most major language issues (such as leaves, overtime and the like) back to the early 1990's. This also includes consistency in external wage comparisons among individual labor groups and their external market. Over the past 15 years parity in wages among organized groups and non - represented personnel has only varied twice within the general wage adjustment. In both of those circumstances the variation was created by an arbitrator's award to an essential employee group. The most recent situation within which this occurred was in the most recent contract period, which was the two year 2010 -2011 contract. Within this contract all settled employee groups received a 1% cost of living adjustment effective January 1, 2011. The lone exception was that an arbitrator awarded the police patrol unit an additional 1% wage adjustment effective July 1, 2011. Given that one of the City labor units realized a unique benefit among all employees within the 2011 contract year it has been the City management position throughout negotiations for the next contract period that adjustments will occur in wages that rectify this disparate treatment. As a consequence of this position it is necessary to achieve a wage settlement with the police patrol in advance of a settlement with any other employee group. This settlement would, in turn, allow the City to adjust wages for all other groups above the floor settlement set within the police patrol unit for 2012 wages. The wage adjustments recommended herein achieve the desired adjustment which, therefore, again achieves internal and external parity in wages. Labor Contract Recommendations The Police Patrol agreement calls for cost -of- living- adjustments (COLA) of 2% on 5/21/2012, 2% on 1/1/2013 and 2% 1/1/2014. For 2014 we are also recommending a "look back" provision for all contracts. Within the look back we will examine the market for all police patrol contracts settled as of July 1, 2014. To the extent that the market has accelerated beyond 2% for that year the police patrol unit, and we would propose for all other labor groups as well, would receive an additional market adjustment up to an additional 1 %, on 9/1/2014. This language will ensure that our labor groups do not fall below the market for 2015. The cost of the patrol contract recommended here for the 2012 budget year is 1.23% in the general wage adjustment (plus cost of steps). Others changes within the contract include streamlining court time language, increase in the uniform allowance to match that granted to the Sergeants and expanding when comp time can be accrued. The 49er agreement calls for cost -of- living- adjustments (COLA) of 1% on 1/1/2012, 1% on 5/21/12, 1% on 11/21/12, 2% on 1/1/2013 and 2% 1/1/2014. The Non - Represented Pay Plan emulates what the 49ers receive in 2012 and does not address years 2013 and 2014. Because the 2012 COLAs occur throughout the year, the budget impact is 1.73 %. it should be noted that these two groups are recommended to receive one percentage in pay greater than the Police Patrol group in 2012 in reaction to the 1% lesser range adjustment in 2011. In 2014, the 49er group will receive the same increase on 9/1/14, if any, as the Police Patrol group. The other notable change for the 49ers is adding New Year's Day and Martin Luther King Day to the holidays that they receive double time if they are required to work. The Patrol unit already has language dealing with overtime worked on holidays so no further adjustment in holiday treatment is sought for that contract. Staff has also negotiated with Police Patrol and 49ers the following language regarding the establishment of a Short -term Disability Bank "Bank ". Staff also recommends that it be incorporated in to the Personnel Policy for Non - Represented staff. Effective May 21, 2012, a short -term disability bank (Bank) will be established. This Bank will assist an employee get through the 160 hour waiting period before short -term disability benefits start. The maximum number of hours in each employee's Bank will be 80 hours. Each new and current employee will start with 25 hours in their Bank. Each employee will accrue 1 hour in to their Bank per pay period, up to the 80 hour maximum. Employees must reach the 160 hour waiting period to receive this benefit, no exceptions. This benefit will be paid retrospectively. Once the employee qualifies for short -term disability benefits, all accrued Bank hours will be used to replace unpaid (if any), Annual Leave and Compensatory time hours an employee used to get through the 160 hour waiting period. Bank hours will always replace any unpaid hours first. Bank hours are not transferable to another employee. Bank hours will not be paid out when an employee leaves City employment. The above contract proposals result in costs within the 2012 budget and the projected 2013 budget. We believe these wage adjustments are slightly above the average wage adjustments that will occur within the marketplace within 2012 and 2013 (and there is only one market settlement in 2014 to date which is at 2 %). However, we are comfortable with wage settlements slightly above market (which is projected to be within 'h of 1 % in each contract year) given that, in general, wages for Cottage Grove employees are currently at or slightly below the market for most pay classifications. Further, achieving three year contract terms is of significant benefit to the employer. Action Staff is recommending Council: Approve the 2012 -2014 labor contracts with Police Patrol and 49ers. Adopt a Resolution approving the 2012 Non- Represented Pay Plan. Adopt a Resolution amending the Personnel Policy to include Short -term Disability Bank language. RESOLUTION NO. 12 -xxx RESOLUTION AMENDING SECTION 14 OF THE PERSONNEL POLICY FOR THE CITY OF COTTAGE GROVE; AMENDING RESOLUTION 11 -143 ADOPTED 11/2/11 SECTION 14. BENEFITS 14.4 Short -Term Disability Benefits The City shall provide short -term disability benefits for those regular employees who are covered by annual leave. Short -term disability benefits shall be paid to such an employee who shall have missed twenty (20) consecutive working days of employment due to illness or injury. The amount of the short -term disability benefit payable shall be the difference between the employee's regular rate of pay, in effect at the time of the injury or illness unless otherwise approved by the City Administrator or his /her designee and 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, Public Employees Retirement Association (PERA) disability, Social Security, personal injury protection, or any other source, payable from the 21 st 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. Any employee receiving payments under the short -term disability benefit plan shall not accrue annual leave during the period of time of disability. In order to qualify for short -term disability benefit, the employee shall submit medical documentation, such as FMLA paperwork, from a physician certifying that the first twenty (20) consecutive working days of the employee's absence was due to injury or illness. 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. 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 sustaining 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 claimed by the employee. Before qualifying for short -term disability benefits, an employee must complete all required City forms to the City's satisfaction. In order to continue to receive short -term disability benefits, all required City forms must remain in effect for the duration of the disability. 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. If an employee returns to work on a part time basis during the ninety (90) day benefit period, each day in which the employee is able to work four (4) or more hours per day shall count as one (1) day toward the ninety (90) day benefit period. Each day in which an employee is able to work less than four (4) hours per day shall count as one -half (112) day toward the ninety (90) day benefit period. Effective May 21 2012 a short -term disability bank (Bank) will be established. This Bank will assist an employee get through the 160 hour waiting period before short -term disability benefits start. The maximum number of hours in each employee's Bank will be 80 hours. Each new and current employee will start with 25 hours in their Bank. Each employee will accrue 1 hour in to their Bank per pay period, up to the 80 hour maximum. Employees must reach the 160 hour waiting period to receive this benefit, no exceptions. This benefit will be Paid retrospectively. Once the employee qualifies for short-term disability benefits all accrued Bank hours will be used to replace unpaid (if any), Annual Leave and Compensatory time hours an employee used to get through the 160 hour waiting period. Bank hours will always replace any unpaid hours first. Bank hours are not transferable to another employee. Bank hours will not be paid out when an employee leaves City employment. In order to receive this benefit, the employee must comply with all other provisions of Short-term Disability Benefits Policy. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the above listed section of the City of Cottage Grove Personnel Policy be added. Passed this 16th day of May 2012 Myron Bailey, Mayor Attest: Caron Stransky, City Clerk RESOLUTION ADOPTING 2012 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE See Last Page for Amendment Notations ARTICLE I. PAY SCHEDULE Section 1 . Attachment Al setting forth fourteen grades and seven steps is hereby adopted as the City's pay schedule for non - represented employees for the pay period including January 1 thru May 20, 2012. A one percent (1 %) cost - of- living adjustment (COLA) has been made to 2011 salaries. Attachment A2 setting forth fourteen grades and seven steps is hereby adopted as the City's pay schedule for non - represented employees for May 21 thru November 18, 2012. A one percent (1 %) cost -of- living adjustment (COLA) has been made to the January 1 st salaries. Attachment A3 setting forth fourteen grades and seven steps is hereby adopted as the City's pay schedule for non - represented employees for November 19 thru December 31, 2012. A one percent (1 %) cost - of- living adjustment (COLA) has been made to the May 21st salaries. These adjustments cover all non - represented regular, full and part -time employees who are not subject to a bargaining contract for 2012, as defined by the City Council through the Non - Represented Pay Plan. Section 2 . The positions covered by this resolution are hereby classified into grades as follows on the pay schedule shown in Attachments Al, A2 and A3. Section 3 . For those employees appointed to full -time regular status, normal progression through the pay steps, as set forth in Attachments Al, A2 and A3, will be as follows: Beginning 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years - Step A - Step B - Step C - Step D - Step E - Step F - Step G Be it provided, however, that based on other job - relevant factors (including but not limited to recruitment needs, market comparability, pay equity considerations, and performance), the City Administrator may recommend the placement of an employee at a step other than that indicated by the above usual schedule. Be it further provided that the City Administrator is authorized to recognize and reward meritorious performance by increasing an employee's compensation one additional step on any anniversary adjustment. However, such extraordinary increases shall not be extended more than two times during the initial five years of employment. 2012 Pay Plan Page 2 In addition, the City Administrator is authorized to defer step pay increases and /or annual pay adjustments based on poor performance. An employee's performance must be recognized as satisfactory in order to be eligible for pay increases. ARTICLE II. HOURS Section 1 . The average work month for employees for the purpose of computing vacation, sick leave and fraction of a month's work shall be one hundred seventy -three (173) hours. ARTICLE III. OVERTIME Section 1 . The positions of Fire Services Chief and Police Captain shall be paid overtime under the following conditions: A. Those employees assigned are called to work on any holiday as listed in the Personnel Policy. B. Those employees called to testify in a court of law on their regularly assigned days off. C. Those employees assigned to work outside employment. Section 2 . The positions of Investigative Aid, Administrative Secretary, Paramedic /EMS Coordinator, Building Inspector, Code Enforcement Officer, MIS Technician and Records Coordinator shall be eligible for payment of overtime. Section 3 . Overtime shall be paid at the rate of one and one -half times the employee's regular hourly rate. Section 4 . No overtime shall be paid to any of the other employees listed in this resolution. However, such employees may earn and use compensatory time as provided in Section 15 of the Personnel Policy. ARTICLE IV. POLICY Section 1 . The Public Safety Director, Fire Services Chief, Police Captains, and Paramedic /EMS Coordinator shall be provided uniforms, subject to the approval of the City Administrator or designee. Section 2. The EMPLOYER shall pay a maximum contribution per month per employee. 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, 2012 Pay Plan Page 3 and toward the premium for additional life insurance, long -term disability coverage, or additional benefits allowed under the City's flexible benefits plan. Effective August 29, 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. Effective 1/1/2005 for current employees not waiving coverage, he /she cannot waive cnvaraga in the fiiture. Further, effective 1/1/2005, if the employee currently waives coverage and chooses to purchase coverage he /she cannot later choose to waive coverage. The employer contribution for 2012 will be as follows: HSA Plan 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 2012 Pay Plan Page 4 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. Section 3 . The City shall pay the premium. for group life insurance for all permanent full -time employees; insurance to equal $1,000 coverage per $1,000 of annual base salary. Section 4 . The Public Safety Director and Public Works Director shall be issued City vehicles or allowed a monthly car allowance as determined by the City Administrator and subject to the rules established in the City's Travel, Training, and Education Policy. Section 5 . Pensioned or pension - eligible former employees (including those who were members of bargaining units during their employment) of the City may continue participation in the City's group hospitalization, health, dental and life insurance programs for themselves and their dependents, provided that such former employee will be required to pay the full premium for such insurance coverage by the first day of each month that coverage is desired. Insured dependents may continue coverage upon death of the former employee. The availability of such coverage to former employees and their dependents shall be consistent with applicable State law and subject to whatever restrictions or limitations may be placed on the coverage by the City's insurance carrier. The City's policy somewhat exceeds minimum requirements of State law. The City Administrator shall annually review the effect of the participation of former employees and their dependents on the City's insurance program, and to the extent not inconsistent with State law, the City Council retains the right to terminate participation and /or otherwise modify the program when it is determined to be in the best interest of the City and /or its current employees. Section 6 . All other conditions of employment shall be those as adopted by the Personnel Policy, and not in conflict with the foregoing articles. ARTICLE V. REPEAL Section 1 . This resolution supercedes and replaces all previous resolutions relating to the pay plan for non - represented employee (including, but not limited to, Resolutions 00 -38, 01 -084, 01 -176, 02 -008, 02 -132, 02 -235, 03 -163, 04 -214, 04 -219, 05 -009, 06 -096, 06 -252, 07 -204, 08 -201, 09 -159, 09 -191, 10 -181). ARTICLE VI. REVIEW The City Administrator shall periodically review this Pay Plan, and shall recommend to the City Council any required adjustments. 2012 Pay Plan Page 5 ARTICLE VII. IMPLEMENTATION PROCESS Section 1 . This resolution adopting a 2012 pay plan and benefits for employees not covered by a labor contract, when adopted, shall be updated as necessary. ARTICLE VIII. EFFECTIVE DATE Section 1. This resolution shall become effective January 1, 2012, and shall remain in effect until amended by the City Council. AMENDMENTS This 2012 Pay Plan was adopted by City Council Resolution No. 12 -xxx on 5/16/2012. The resolutions amending the pay plan are listed below, and these amendments have been incorporated into the pay plan. Amendments: 1. Resolution No. 05 -212 (Adopt 2006 Pay Plan). Adopted 12/21/05. Effective 1/1/06. 2. Resolution No. 06 -018 (Drop Grade III Car Allowance; Reclassify City Engineer, Community Development Director, Chief Building Official, Financial Analyst, MIS Coordinator, MIS Technician, GIS Technician). Resolution adopted 2/1/06. Effective 1/1/06. 3. Resolution No. 06 -080 (Reclassify EMS Coordinator). Resolution adopted 5/3/06. Effective 5/3/06. 4. Resolution No. 06 -096 (Add Support Services Supervisor and Records Coordinator Positions). Resolution Adopted 5/17/06. Effective 5/17/06. 5. Resolution No. 06 -252 Adopting 2007 Pay Plan and Benefits for employees not covered by a labor contract for the City of Cottage Grove. Resolution Adopted 12/20/2006. Effective 1/1/2007. 6. Resolution No. 07 -204 Adopting 2008 Pay Plan and Benefits for employees not covered by a labor contract for the City of Cottage Grove. 7. Resolution No. 08 -201 Adopting 2009 Pay Plan and Benefits for employees not covered by a labor contract for the City of Cottage Grove. 8. Resolution No. 09 -159 Adopting 2010 Pay Plan and Benefits for employees not covered by a labor contract for the City of Cottage Grove. 9. Resolution No. 09 -191 Adopting a resolution changing job titles in Grade VII of the 2010 Non - represented Pay and Benefits Plan. 10. Resolution No. 10 -181 Adopting 2011 Pay Plan and Benefits for employees not covered by a labor contract for the City of Cottage Grove. ATTACHMENT Al Proposed 2012 Pay Plan - as amended Finance Director Public Safety Director Public Works Director Police Captain Fire Services Chief Parks and Recreation Director Economic Development Director City Engineer Public Works Supervisor Chief Building Official Assistant Finance Director Senior Planner Golf Manager City Clerk EMS Coordinator Golf Superintendent Building Inspector Public Works Technician Management Analyst MIS Coordinator Support Services Supervisor Accountant Communications Coordinator Human Resources Coordinator Ice Arena Manager Recreation Coordinator Assistant Golf Superintendent Assistant Golf Manager /Food and Beverage Administrative Assistant MIS Technician Code Enforcement Officer Economic Development Specialist Records Coordinator Administrative Secretary Investigative Aid Assistant Food and Beverage Manager Recreation Program Assistant Assistant Ice Arena Manager Property Room Technician 80% 83.8% 86.7% 89.6% 92.4% 96.2% 100.0% GRADE A B C D E F G IA 92,397 96,786 100,135 103,484 106,718 111,107 115,496 1 89,669 93,928 97,179 100,429 103,567 107,827 112,086 II 85,602 89,668 92,771 95,874 98,870 102,936 107,002 III 79,060 82,815 85,681 88,547 91,314 95,070 98,825 IVA 66,846 70,022 72,445 74,868 77,208 80,383 83,558 V 60,447 63,318 65,510 67,701 69,817 72,688 75,559 VI 58,839 61,634 63,767 65,900 67,959 70,754 73,549 VIA 55,352 57,981 59,988 61,994 63,932 66,561 69,190 VII 50,840 53,255 55,098 56,941 58,720 61,135 63,550 VIII 43,830 45,912 47,501 49,090 50,624 52,706 54,788 VIIIA 41,274 43,234 44,730 46,226 47,671 49,632 51,592 IX 39,211 41,074 42,495 43,917 45,289 47,151 49,014 X 36,156 37,873 39,184 40,495 41,760 43,478 45,195 XI 24,991 26,178 27,084 27,990 28,865 30,052 31,239 ATTACHMENT A2 Proposed 2012 Pay Plan - as amended Finance Director Public Safety Director Public Works Director Police Captain Fire Services Chief Parks and Recreation Director Economic Development Director City Engineer Public Works Supervisor Chief Building Official Assistant Finance Director Senior Planner Golf Manager City Clerk EMS Coordinator Golf Superintendent Building Inspector Public Works Technician Management Analyst MIS Coordinator Support Services Supervisor Accountant I Communications Coordinator Human Resources Coordinator Ice Arena Manager Recreation Coordinator Assistant Golf Superintendent Assistant Golf Manager /Food and Beverage Administrative Assistant MIS Technician Code Enforcement Officer Economic Development Specialist Records Coordinator Administrative Secretary Investigative Aid Assistant Food and Beverage Manager Recreation Program Assistant Assistant Ice Arena Manager Property Room Technician 80% 83.8% 81 89.6% 92.4% 96.2% 100.0% GRADE A B C D E F G IA 93,321 97,754 101,136 104,519 107,786 112,218 116,651 1 90,566 94,867 98,150 101,433 104,603 108,905 113,207 II 86,458 90,564 93,698 96,833 99,859 103,965 108,072 III 79,850 83,643 86,538 89,432 92,227 96,020 99,813 IVA 67,515 70,722 73,170 75,617 77,980 81,187 84,394 V 61,052 63,952 66,165 68,378 70,515 73,415 76,315 VI 59,427 62,250 64,404 66,558 68,638 71,461 74,284 VIA 55,906 58,561 60,588 62,614 64,571 67,226 69,882 VII 51,349 53,788 55,649 57,511 59,308 61,747 64,186 Vlll 44,269 46,372 47,976 49,581 51,130 53,233 55,336 VIIIA 41,686 43,667 45,178 46,689 48,148 50,128 52,108 IX 39,603 41,484 42,920 44,356 45,742 47,623 49,504 X 36,518 38,252 39,576 40,900 42,178 43,912 45,647 XI 25,241 26,440 27,355 28,270 29,153 30,352 31,551 ATTACHMENT A3 Proposed 2012 Pay Plan - as amended Finance Director Public Safety Director Public Works Director Police Captain Fire Services Chief Parks and Recreation Director Economic Development Director City Engineer Public Works Supervisor Chief Building Official Assistant Finance Director Senior Planner Golf Manager City Clerk EMS Coordinator Golf Superintendent Building Inspector Public Works Technician Management Analyst MIS Coordinator Support Services Supervisor Accountant Communications Coordinator Human Resources Coordinator Ice Arena Manager Recreation Coordinator Assistant Golf Superintendent Assistant Golf Manager /Food and Beverage Administrative Assistant MIS Technician Code Enforcement Officer Economic Development Specialist Records Coordinator Administrative Secretary Investigative Aid Assistant Food and Beverage Manager Recreation Program Assistant Assistant Ice Arena Manager Property Room Technician 80% 83.8% 86.7% 89.6% 92.4% 96.2% 100.0% GRADE A B C D E F G IA 94,254 98,731 102,148 105,565 108,864 113,341 117,818 1 91,471 95,816 99,132 102,448 105,649 109,994 114,339 II 87,322 91,470 94,636 97,801 100,857 105,005 109,153 III 80,649 84,480 87,403 90,327 93,149 96,980 100,811 IVA 68,190 71,429 73,901 76,373 78,760 81,999 85,238 V 61,662 64,591 66,827 69,062 71,220 74,149 77,078 VI 60,022 62,873 65,048 67,224 69,325 72,176 75,027 VIA 56,465 59,147 61,194 63,241 65,217 67,899 70,581 VII 51,862 54,326 56,206 58,086 59,901 62,365 64,828 VIII 44,711 46,835 48,456 50,077 51,641 53,765 55,889 VIIIA 42,103 44,103 45,629 47,156 48,629 50,629 52,629 IX 39,999 41,899 43,349 44,799 46,199 48,099 49,999 X 36,882 38,634 39,971 41,308 42,599 44,351 46,103 XI 25,494 26,705 27,629 28,553 29,445 30,656 31,867 I AQnO AGREEMENT f - -• N am* 0 TABLE OF CONTENTS •..- . Page 3 LABOR AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND COTTAGE GROVE POLICE OFFICERS FEDERATION, INC. 2012 -2014 ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into as of April 17, 2012 between the CITY OF COTTAGE GROVE, MINNESOTA, hereinafter called the EMPLOYER, and the COTTAGE GROVE POLICE OFFICERS FEDERATION, hereinafter called the UNION. The intent and purpose of this Agreement is to: 1.1 Establish hours, wages and other conditions of employment. 1.2 Establish procedures for the resolution of disputes concerning interpretation and /or application of this Agreement. 1.3 Specify the full and complete understanding of the parties. 1.4 Place in written form by Agreement, the terms and conditions of employment which will be in effect for the duration of this Agreement as specified in Article XXVIII. ARTICLE II. RECOGNITION 2.1 The EMPLOYER recognizes the following described regular employees as an exclusive bargaining unit of employees under Minnesota Statutes Section 179.71, Subdivision 3, and the Cottage Grove Police Officers Federation, Inc., as the exclusive representative of said unit: A. Police Officer B. Detective 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. _..- " ARTICLE III. DEFINITIONS 3.1 UNION: Cottage Grove Police Officers Federation, Inc. 3.2 UNION MEMBER: A member of the Cottage Grove Police Officers Federation, Inc. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit 3.4 PROBATIONARY Any employee who is working in a position for the EMPLOYEE: Initial twelve -month period of employment. 3.5 REGULAR An employee whose position with the City is for an EMPLOYEE: ongoing (non- temporary) period and who has successfully completed the probationary period. 3.6 DEPARTMENT: Police Department of Cottage Grove 3.7 EMPLOYER: The City of Cottage Grove 3.8 DEPARTMENT The Public Safety Director for the EMPLOYER - HEAD: appointed authority 3.9 BASE PAY RATE: The employee's monthly pay rate, exclusive of longevity or any other special allowances. 3.10 OVERTIME: Work performed at the express authority of the EMPLOYER in excess of the employee's scheduled shift. 3.11 SCHEDULED SHIFT: A consecutive work period including rest periods and a lunch break. 3.12 SHIFT CHANGE: A normal change in work schedule in a twenty -four (24) hour period with eight (8) hours between shifts. 3.13 REST BREAK: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.14 LUNCH BREAK: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.15 SENIORITY: Length of continuous service with the department. 3.16 SEVERANCE PAY: Payment made to employees upon termination of employment ARTICLE IV. EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this Agreement, it will not cause, encourage, participate in, or support any strike, slowdown or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing, an amount necessary to cover monthly union dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION shall designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in steward and /or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting union notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken of the City under the provisions of Article VI. ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives - The EMPLOYER will recognize representatives designated by the UNION as the Grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors, when so designated. 7.3 Processing of a Grievance - 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 shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the City during normal working hours, provided that the employee has 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 City. 7.4 Procedures - A grievance as defined by Article 7.1 shall be resolved in conformance with the following procedures: Step 1 An employee claiming a violation concerning the interpretation or application of this Agreement shall within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to Deputy Director for the division. The Deputy Director 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 provisions of this Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Deputy Director's final answer in Step 1. Any grievance not appealed in writing in Step 2 by the employee within ten (10) calendar days shall be considered waived. This step shall be omitted if the Department Head is also the immediate supervisor. Step 2 If appealed, the written grievance shall be presented by the employee and discussed with the Director of Public Safety. The Director of Public Safety shall give the employee the City'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 final Step 2 answer. Any grievance not appealed in writing to Step 3 by the employee within ten (10) calendar days shall be considered waived. Step 3 If appealed, the written grievance shall be presented by the employee and discussed with the City Administrator or designee. The City Administrator or designee shall give the employee the City's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the City Administrator or designee's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the employee within ten (10) calendar days shall be considered waived. Step 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Page 7 Action 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 State Bureau of Mediation Services. If the employee or the EMPLOYER representative is on vacation, sick, or absent from work, the time for the processing of such grievance will be extended by that time. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the City and the employee, and shall have no authority to make a decision on any other issue(s) not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with, or modifying or varying in any way, the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the City and the employee 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 this arbitrator's services and proceedings shall be borne equally by the City 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. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City's last answer. If the City does not answer a grievance or an appeal thereof within the specified time limits, the employee 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 City and the employee. 8.1 The Agreement is subject to the laws of the United States, the State of Minnesota, and the EMPLOYER. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction, from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated at the request of either party. Page 8 ARTICLE IX. CONSTITUTIONAL PROTECTION 9.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. 9.2 The City and the UNION agree to continue to follow a policy of nondiscrimination on the basis of race, color, religion, national origin, or sex. ARTICLE X. SENIORITY 10.1 A policy of seniority based on total service within the police officers' bargaining unit shall be formulated that will give regular employees with longer period of service an opportunity for promotion and also to provide employment security, provided the employee is qualified. 10.2 There shall be a seniority list established which shall be based on total service within the police officers' bargaining unit, except in the case of an involuntary layoff or demotion, where it will be based on total service within the department. 10.3 In the event of layoff, the reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the same basis of seniority. No new employee shall be hired until the layoff list has been exhausted. Employees laid off will have an opportunity to return to work within two years from their layoff date. Employees recalled shall report to work within two weeks after notice was sent to their last known address. Failure to report as stated above, employee forfeits their recall right. 10.4 No regular employee shall be laid off out of turn on the seniority list within the department. 10.5 Employees hired before January 1, 2010 Vacation periods shall be selected on the basis of SENIORITY of total service within the DEPARTMENT, whether employment was full or part time, until January 31 for the months January through June 30 Vacation periods shall be selected on the basis of SENIORITY of total service within the DEPARTMENT, whether employment was full or part time, until March 15 for the months July 1 St through December 31 Employees hired after January 1, 2010 Vacation periods shall be selected on the basis of SENIORITY within the UNION until January 31 for the months of January through June 30 Vacation periods shall be selected on the basis of SENIORITY within the UNION until March 15 for the months of July 1 St through December 31 St 10.6 Any employee exercising rights under the Family and Medical Leave Act will accrue seniority during the term of such leave. ARTICLE XI. DISCIPLINE 11.1 The City will discipline employees for just cause only. Discipline will be in the form of: A. Oral reprimand; B. Written reprimand; C. Suspension; D. Demotion; E. Discharge. 11.2 Suspension, demotion and discharge will be in written form. 11.3 Written reprimands, notices of suspension and notices of discharge shall become part of the employee's personnel file and shall be read and acknowledged by the employee. An employee will receive copies of reprimands and /or notices. 11.4 Employees may examine their own individual personnel record at reasonable times, under the direct supervision of the City. 11.5 Discharge will be preceded by a five (5) day suspension without pay. 11.6 Grievances pertaining to this Article shall be initiated by the employee in Step 1 of the grievance procedure, under Article VII. 11.7 In the event of discharge, the employee and his /her representative shall be entitled to a hearing before the City Council if requested in writing within five (5) days of discharge. The hearing shall take place within ten (10) days of receipt of said notice. If it is then determined that the employee has been unjustly discharged, he /she shall be reinstated at once and all wages and other benefits lost during his /her time off shall be credited to him /her. 11.8 Suspensions for disciplinary reasons may be made for periods not exceeding thirty (30) working days in any twelve (12) month period for just cause. The Department Head shall provide the employee with a written statement of the reasons for the suspension within twenty -four (24) hours of suspension. Upon the request of the employee or his /her representative, made within five (5) days of the suspension, he /she shall be entitled to a hearing before the City Council within ten (10) days of the receipt of the request, on the merits of the suspension, after which the City Council may rescind, modify or uphold the suspension. 11.9 Employees shall not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. Page 10 ARTICLE XII. WORK SCHEDULES 12.1 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. At the beginning of each year, each police officer will be credited for 88 hours for holidays, leaving a work schedule commitment of 1992 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, eighty -eight (88) hours holiday time, and training time will be credited toward 2080 hours.) 12.2 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. 12.3 The City may change the schedule of an employee with less than five (5) days' advanced notice, after exhausting all other avenues of filling that shift prior to the schedule change. In the event that work is required because of an emergency situation, such as, but not limited to, fire, flood, snow, sleet, breakdown of municipal equipment or facilities, or because an employee failed to report to work because of illness, no advance notice need be given. An employee working other than the normal work day shall not normally be scheduled to work more than the regular patrol shift; however, each employee has an obligation to work overtime or callbacks, if requested, unless unusual circumstances prevent him /her from so working. 12.4 An employee who is scheduled to work during changes in daylight savings time shall account for the time change as follows: Employees working one hour longer then their normal shift shall receive one (1) hour pay at one and one -half (1 ' / 2) time the employee's base pay rate. Employees working one hour less then their normal shift shall submit a time off slip that deducts one (1) hour towards their yearly 2080 hour balance. ARTICLE XIII. OVERTIME PAY 13.1 Employees will be compensated atone and one -half (1 -1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. The parties recognize that special circumstances exist —that officers in different classifications or assignments may have more or less opportunity for overtime pay. 13.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. Page 11 13.4 An Employee may request that each hour of time eligible for overtime under this Article, in lieu of payment, be accumulated as compensatory time at the rate of 1Y2 hours for each eligible hour, provided that the maximum compensatory hour balance for each Employee shall at no time exceed 80 hours. All compensatory time shall be taken at the discretion of the Department Head. A supervisor may authorize the taking of up to two scheduled shifts at the discretion of the Chief or a designated supervisor. Employees may not accrue compensatory time for St. Paul Park Refinery EMS coverage. 13.5 State and federal grants stipulating that overtime will be paid in wages rather than compensatory time shall be paid in overtime and not compensatory time. ARTICLE XIV. COURT TIME 14. 1 An employee who is required to appear in court during his /her scheduled off duty time shall receive a minimum of three (3) hours pay at one and one -half (1'/2) times the employee's base pay rate. 14.2 An employee who is required to appear in court and the court appearance is canceled less than twenty -four (24) hours before the employee's scheduled appearance shall be entitled to overtime pay as provided in Sections 14.1 4.2 ARTICLE XV. CALLBACK 15.1 An employee called in for work at a time other than his /her normal scheduled shift will be compensated for a minimum of two (2) hours pay atone and one half (1 -1/2) times the employee's base pay rate. 15.2 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. r: 16.1 Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. 16.2 Any paramedic on standby shall receive a flat fee of $50.00 for each 4 consecutive hours of being on pager, or immediate direct dial contact, and available for immediate medical responses. ARTICLE XVIL LEGAL DEFENSE Page 12 17.1 The EMPLOYER shall carry and pay for $500,000 of insurance covering employees for claims made against them for (1) negligent operation of a City vehicle; (2) false arrest; (3) false imprisonment or detention; and (4) malicious prosecution. No employee will be covered for personal injury arising out of the willful violation of a penal statute ordinance committed by or with the knowledge or consent of any employee. 17.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his /her employment, when such act is performed in good faith and /or under direct order of his /her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XVIII. JOB POSTING 18.1 Regular job vacancies shall be filled on the concept of promotion from within, provided that applicants: A. have the necessary qualifications to meet the standards of the vacant job; and B. have the ability to perform the duties and responsibilities of the vacant job. 18.2 The City has the final decision in the selection of employees to fill posted jobs, based on qualifications, abilities and experience. 18.3 Job vacancies will be posted for fourteen (14) calendar days so that interested employees can be considered for such vacancies. 18.4 Assignment to investigations will be made at the sole discretion of the Employer. The Director may renew or terminate this assignment based upon the job performance of the employee while assigned in this capacity. 19.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 19.2 All employees will serve a twelve (12) month probationary period in any job classification, in which the employee has not previously served a probationary period. 19.3 At any time during the probationary period, a newly hired or rehired employee may be terminated at the sole discretion of the City. Page 13 19.4 At anytime 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 City. ARTICLE XX. UNIFORMS /P.O.S.T. LICENSE 20.1 The EMPLOYER agrees to pay up to $775 per year in 2012, 2013 and 2014 as uniform allowance and uniform repair for all employees listed in this Agreement. Said style and color of uniforms are to be selected by the Director of Public Safety of the City. The EMPLOYER shall provide the required uniform allowance on a debit card. The balance on the card shall not exceed $1,950. The debit card shall be set up in such a way to allow the EMPLOYEE to remove funds via an ATM machine. The EMPLOYER will comply with applicable state law regarding provision of personal body armor. 20.2 Any purchases made and /or cash withdrawn from an ATM within 60 calendar days of an employee's voluntary resignation or retirement on the uniform debit card will require reimbursement to the City for said purchases and withdrawals. 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. 20.3 Upon commencing employment, newly hired employees shall receive an initial issue of necessary uniform items. New employees will not receive the uniform allowance until one year following the date of hire. The uniform allowance will be prorated. The month an employee passes his /her probationary period will not count towards the prorated allowance. 20.4 Initial Issue Payback — a) If employee fails to complete the probationary period they must reimburse the City for initial issue costs not recoverable to the City. b) If an employee voluntarily resigns within their probationary period, they will be required to reimburse the City of Cottage Grove for the costs of the initial provision of uniforms and equipment. c) This language does not apply when resignation is due to performance issues. 20.5 The EMPLOYER will pay the full cost of each sworn officer's P.O.S.T. license, including initial and renewal fees. ARTICLE XXI. HOLIDAYS 21,1 In lieu of holidays off, each employee will receive 56 hours of pay at his or her regular rate of pay with the first check in June of each year. Each employee shall receive another 56 hours of pay at his or her regular rate of pay with the first paycheck in December of each year. 21.2 Employees who start or leave employment during the year shall have this holiday compensation prorated at 9.3 hours of regular pay per complete month of employment. Page 14 21.3 Floating Holiday — To be scheduled with the permission of the employee's supervisor. Provided on a pro rated basis based on actual completed months worked. ARTICLE XXII. ANNUAL LEAVE 22.1 Effective January 1, 1991, 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 of City employment . ............................144 hours per year 8 through 15 years of City employment ..........................192 hours per year 15+ years City employment ................ ............................208 hours per year 22.2 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. 22.3 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. 22.4 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. 22.5 An employee who uses annual leave for illness or injury maybe required to present evidence that he or she is again able to perform the duties of his or her employment. 22.6 Annual leave must be taken in increments of no less than one (1) hour. 22.7 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. ARTICLE XXIII. CONVERSION OF EXISTING VACATION AND SICK LEAVE BALANCES 23.1 Effective January 1, 1991, each employee's existing vacation and sick leave balances shall be converted to annual leave as follows: Page 15 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. 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 . 23.2 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 leaves converted. However, should an employee's accrued annual leave exceed this maximum after completion of the last full pay period in the calendar year, the employee's accrued annual leave shall be reduced to the maximum as computed herein. 23.3 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 (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 or her existing rate. 23.4 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 or 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. ARTICLE XXIV. SHORT -TERM DISABILITY BENEFITS 24.1 Short -term disability benefits shall be paid to such an employee who shall have missed twenty (20) consecutive working days' employment due to illness or injury. 241 The amount of the short -term disability benefit payable shall be the difference between the employee's regular rate of pay, in effect at the time of the injury or illness, unless otherwise approved by the City Administrator or his /her designee and 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 st working day following the employee's initial absence from work due to injury or illness and continuingfora Page 16 maximum of ninety (90) working days. The intent of this benefit is to make employees whole for qualifying illnesses and /or injuries. 24.3 Any employee receiving payments under the short -term disability benefit plan shall not accrue annual leave during the period of time of disability. In order to qualify for short -term disability benefit, the employee shall submit medical documentation from a physician certifying that the first twenty (20) consecutive working days of the employee's absence was due to injury or illness. 24.4 In order to continue receiving short -term disability benefits, an employee must 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. 24.5 The employee shall further provide the City a release of medical information authorizing the City or its agents access to the employee's medical records relevant to the specific injury or illness in question for the purpose of sustaining disability. 24.6 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 claimed by the employee. 24.7 Before qualifying for short -term disability benefits, an employee must complete all required City forms. In order to continue to receive short -term disability benefits, all required City forms must remain in effect for the duration of the disability. 24.8 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 Article. 24.9 If an employee returns to work on a part -time basis during the ninety (90) day benefit period, each day in which the employee is able to work four (4) or more hours per day shall count as one (1) day toward the ninety (90) day benefit period. Each day in which an employee is able to work less than four (4) hours per day shall count as one -half (1/2) day toward the ninety (90) day benefit period. 24.10 Effective May 21, 2012, a short -term disability bank (Bank) will be established. This Bank will assist an employee get through the 160 hour waiting period before short - term disability benefits start. The maximum number of hours in each employee's Bank will be 80 hours. Each new and current employee will start with 25 hours in their Bank. Each employee will accrue 1 hour in to their Bank per pay period, up to the 80 hour maximum. Employees must reach the 160 hour waiting period to receive this benefit, no exceptions. This benefit will be paid retrospectively. Once the employee qualifies for short -term disability benefits, all accrued Bank hours will be used to replace unpaid (if any), Annual Leave and Compensatory time hours an employee used to get through the 160 hour waiting period. Bank hours will always replace any unpaid hours first. Bank hours are not transferable to another employee. Bank hours will not be paid out when an employee leaves City Page 17 employment. In order to receive this benefit, the employee must comply with the provisions of Articles 24.1 through 24.9. ARTICLE XXV. LONGEVITY 25.1 After four (4) years of continuous employment, each employee shall be paid three percent (3 %) of the employee's base rate. 25.2 After seven (7) years of continuous employment, each employee shall be paid supplementary pay of five percent (5 %) of the employee's base rate. 25.3 After ten (10) years of continuous employment, each employee shall be paid supplementary pay of seven percent (7 %) of the employee's base. 25.4 After thirteen (13) years of continuous employment, each employee shall be paid supplementary pay of nine percent (9 %) of the employee's base rate. F11 :A IM 4WyK0 i111 ZY81111 IVA 26.1 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. 26.2 Employees assigned to jury duty will be responsible for their normal scheduled shirt hours of work, reduced by the amount of time served on jury duty. An employee required to report for jury duty will be assigned to the day shift. If the employee is excused from the jury duty, he /she must return to work and complete the scheduled shift. ARTICLE XXVII. INJURY ON DUTY POLICY 27.1 Employees injured while on duty shall be paid his /her regular base rate of pay for a period not to exceed sixty (60) working days, beginning with the first (Ist) working day after such injury. All Workers' Compensation benefits paid during this period will be either assigned to the City or be deducted from the employee's regular rate of pay. Also, during this period, no time shall be charged against the employee's annual leave or other accumulated benefits. On duty shall mean all work assigned by and paid for by the City. 27.2 The City agrees to pay a reasonable replacement cost for an employee's glasses, hearing aid, or any other type of prosthetic device broken while in the performance of duties. ARTICLE XXIII. DURATION .� 28.1 This Agreement shall be effective as of the 1st day of January 2012, and shall remain in full force and effect until the 31 st day of December 2014. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 2012. FOR THE CITY OF COTTAGE GROVE FOR COTTAGE GROVE POLICE OFFICERS FEDERATION, INC. Mayor City Administrator Steward Steward Page 19 APPENDIX A WAGE SCHEDULE 1. Effective May 21, 2012, the following wage rates shall apply: POLICE OFFICER HOURLY BASE WAGE 2.0% Increase Starting Base Rate .......................................... ............................... $24.38 After six (6) months of Continuous Employment ............................ $27.11 After twelve (12) months of Continuous Employment.. .................. $28.54 After eighteen (18) months of Continuous Employment ................ $29.53 After twenty -four (24) months of Continuous Employment ............ $30.44 After thirty (30) months of Continuous Employment ....................... $31.17 After thirty -six (36) months of Continuous Employment ................. $32.11 2. Effective with the pay period that includes January 1, 2013, the following wage rates shall apply: POLICE OFFICER HOURLY BASE WAGE 2.0% Increase StartingBase Rate ................................ ............................... After six (6) months of Continuous Employment .................. After twelve (12) months of Continuous Employment.......... After eighteen (18) months of Continuous Employment ...... After twenty -four (24) months of Continuous Employment .. After thirty (30) months of Continuous Employment ............. After thirty-six (36) months of Continuous Employment....... ........ $24.87 ........ $27.65 ........ $29.11 ........ $30.12 ........ $31.05 ........ $31.79 ........ $32.75 Page 20 3. Effective with the pay period that includes January 1, 2014, the following wage rates shall apply: POLICE OFFICER HOURLY BASE WAGE 2.0% Increase Starting Base Rate .......................................... ............................... $25.37 After six (6) months of Continuous Employment ............................ $28.20 After twelve (12) months of Continuous Employment .................... $29.69 After eighteen (18) months of Continuous Employment ................ $30.72 After twenty -four (24) months of Continuous Employment ............ $31.67 After thirty (30) months of Continuous Employment ....................... $32.43 After thirty -six (36) months of Continuous Employment ................. $33.41 The City will conduct a market comparison for all police patrol bargaining units of cities with populations between 20,000 and 60,000 that have wage amounts established as of July 1, 2014. The City will determine the average cost of living adjustments (COLA) of all bargaining unit groups by the recorded increase in the settled contracts. If the City's bargaining unit is below the average COLA of the combined bargaining unit groups the City will apply that percentage to the base wage rates, less the 2% received on January 1, 2014. The maximum additional amount will be 1 %. The increase, if any, will be effective the pay period that includes September 1, 2014. 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. All designated police officers are defined in Article II. Section I expressly authorized by the EMPLOYER to perform full -time detective duties shall receive a differential of five percent (5 %) per month above the monthly wage for a police officer after thirty -six (36) months of continuous employment (or pro rated for less than a full month) in addition to their regular base rate of pay. 3. Certified paramedic differential — For 2012, 2013 and 2014: A differential of seven percent (7 %) of the hourly wage for a police officer after thirty -six (36) months of continuous employment effective upon ratification of this contract. 4. A promoted employee will start at the beginning salary for the position he /she was promoted to except if the promoted employee is earning more than the beginning salary of the position he /she is promoted to, he /she will advance to the next highest pay grade for that position and remain in that pay grade for a period of twelve (12) months from the date of promotion. Page 21 5. The parties recognize that Nine Dollars ($9.00) of the monthly salary has been negotiated in lieu of giving up personal days. 0 •7t7:ILlIQ Ny INSURANCE The EMPLOYER shall pay a maximum contribution per month per employee. The contribution may be used toward the premium for group medical coverage. 2012, 2013 and 2014 Health Insurance Employer Contribution HSA Plan 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. Page 23 The City will reconvene the Insurance Committee if significant changes to the health insurance plan design are anticipated. 2. The EMPLOYER agrees to pay the premium for a Twenty Thousand Dollar ($20,000) life insurance policy on each employee. 3. The City shall contribute up to $29.00 per month per employee for along -term disability policy. This policy will be a taxable benefit to the employee and will be reflected as such on his /her paycheck. 4. A reduction in total benefits shall be negotiated by the employee organization and the City. 5. Each employee shall contribute 1 %of their gross salary through payroll deduction to an individual Health Care Savings Plan. Also, upon separation from employment with the City, 50% of any unused annual leave will be deposited into the Health Care Savings Plan. Page 24 AGREEMENT AND UNDERSTANDING BETWEEN THE CITY OF COTTAGE GROVE AND THE COTTAGE GROVE POLICE OFFICERS FEDERATION, INC. This Agreement is an addendum to the Union Contract in place for the Cottage Grove Police Officers Federation, Inc. for the years 2012, 2013 and 2014. The Agreement allows for: 1. Amendment to the existing conditional offer of employment for the position of police officer regarding the selection and removal of an employee from the paramedic program. (Attachment C) 2. EMT -Basic and EMT - Paramedic Training Reimbursement Agreement (Attachment D). This Agreement outlines the terms and conditions of a police officer being trained as a paramedic. Signed and Agreed to: Director of Public Safety WE Cottage Grove Police Officers Federation, Inc. Date Page 25 Attachment A •®- Name Address City /State /Zip Dear Please accept this letter as a conditional offer of employment for the position of Police Officer with the City of Cottage Grove, Department of Public safety, to begin on Your employment is contingent upon the following: 1. You must successfully pass a job related psychological examination prior to employment. 2. You must successfully pass a job related physical examination and drug /alcohol /hearing screen prior to employment. 3. The City Council must approve your appointment to the position of Police Officer at an upcoming Council meeting. 4. You must be Post License eligible or Post licensed by the Minnesota Post Board by the time of appointment. 5. When designated by the Director of Public Safety for the Paramedic Program, you do not have the option of withdraw from this job duty. Selection for and removal from the Paramedic Program is solely at the discretion of the Director of Public Safety. 6. You must accept and sign this conditional offer of employment and return it to the City of Cottage Grove. Sincerely, Director of Public Safety Alf • a • . e • Applicant's Name M -..- Attachment B CITY OF COTTAGE GROVE DEPARTMENT OF PUBLIC SAFETY This agreement is entered into between the City of Cottage Grove (City) and the undersigned employee of the Cottage Grove Police Department ( Employee RECITALS (candidate) desires to be sponsored for the following positions: EMT -Basic and /or EMT - Paramedic. Employee understands that the City and employee has entered into this agreement willfully and with the understanding that all terms and conditions are to be met for completion of the employee /employer agreement. Candidate will be subject to working the department's approved schedule for a total of 1992 hours per the Cottage Grove Police Officers Federation, Inc. contract. A. The City agrees to allow the candidate to work full -time as a police officer (union position) for the City of Cottage Grove and will pay for necessary tuition and books for EMT -Basic and Paramedic classes. B. The candidate will be allowed shift adjustment (not overtime) to complete and attend all necessary training and classroom instruction to obtain EMSRB and National Certifications in EMT -Basic and Paramedic courses. C. The candidate will be allowed to have one complete set of tests to obtain the EMT -Basic and paramedic certifications within one year of the start of both programs. Re- testing if needed, will be at the candidate's expense. D. Candidate will be responsible for department training and duties and must fulfill all school /EMSRB /National Registry requirements to be certified as an EMT - Basic and EMT - Paramedic within one year. E. Candidate agrees to serve as a paramedic (EMSRB - National Registry) for a period of five years after successful completion of certifications as a Police Officer /Paramedic. AGREEMENT Payment of training cost fees — In exchange for the candidate's compliance with the terms of this agreement, Cottage Grove Police Department agrees to pay the Page 27 candidate's training costs and fees associated with obtaining initial EMSRB and National Registry Certification. 1.1 City will pay for initial EMT - Basic /EMT- Paramedic training tuition fees and approved books /training materials for site training. 1.2 City will pay for initial EMSRB and National Registry exams. Candidate will pay for any additional tests or retesting including travel expenses for said exams. 1.3 CPR and other mandatory law enforcement training will be maintained by the candidate to remain POST certified. Employee commitment — Candidate shall not be required to reimburse the Citv for training and fee costs if, upon completion the candidate obtains EMSRB and National Registry Certification for EMT -Basic and EMT - Paramedic certifications within one year period. Candidate will have to reimburse training costs to the City if: 2.1 Candidate does not provide skills and abilities as an EMT -Basic and EMT - Paramedic to the best of their abilities by Medical Control standards for a period of five years after completion of training. 2.2 Candidate fails to successfully complete or maintain all mandatory training within one year. 2.3 If medical or military leave is granted, the candidate agrees to resume training immediately after returning to full duty status. 2.4 Termination of the candidate's role as an EMT- Paramedic for poor job performance or misconduct. 2.5 Failure to complete any field training or its equivalent. 2.6 Failure to complete any probationary period. REPAYMENT OF TUITION AND FEES The candidate agrees that in the event the candidate fails to meet any of the requirements of this agreement, the candidate becomes obligated to pay back the City of Cottage Grove for all tuition, fees, books, supplies, uniforms and equipment associated and involved for the EMT -Basic and EMT - Paramedic courses. Repayment shall be paid in accordance with the following: 1.1 100% paid back to the City if the candidate fails for whatever reason to complete less than one year of service as a police officer /paramedic; completion of EMT -Basic and EMT - Paramedic courses with EMSRB and National Registry Certifications. 1.2 75% payback to the City if the candidate fails to complete two years of service as a police officer /paramedic certified EMSRB and National Registry. 1.3 50% payback to the City if the candidate fails to complete three years of service (same as above). Page 28 1.4 25% payback to the City if the candidate fails to complete four years of service (same as above). 1.5 No payback to the City if the candidate leaves employment after five years of service to the City as a police officer /paramedic. 2. Paramedic Differential — After successful completion of the EMT -Basic and EMT Paramedic, National Registry, EMSRB and Field Training, the candidate will receive the same pay differential as other Police Officer /Paramedics listed in the pay scale of the Cottage Grove Police Officers Federation, Inc. contract. 3. Candidates will work their normal duty shifts with adjustments made to that schedule for training purposes. In no event will overtime be used unless if it falls within the contractual guidelines for shift extension or overtime per the Cottage Grove Police Officers Federation, Inc. contract. 4. Meals, mileage and travel time- Meals and expenses will be compensated per diem as listed in the City personnel policy. A city vehicle will be made available for school and training as needed. Use of a city vehicle is to be scheduled in advance by the Division Commander. Travel time — time spent by the candidate attending courses or training will be duty time or compensated as 2030 per the Cottage Grove Police Officers Federation, Inc. contract. I HAVE READ THE FOREGOING AGREEMENT AND ACKNOWLEDGE THAT IT IS THE COMPLETE AGREEMENT AND BY SIGNING BELOW I AFFIRM THAT I FULLY UNDERSTAND AND AGREE TO ITS TERMS AND CONDITIONS. I ALSO AGREE THAT THIS AGREEMENT IS NOT A CONTRACT FOR EMPLOYMENT AND ONLY PERTAINS TO REIMBURSEMENT OF COSTS ASSOCIATED WITH EMT -BASIC AND EMT - PARAMEDIC TRAINING AND IN NO WAY AFFECTS ANY OTHER POLICY OR PROCEDURE WITHIN THE COTTAGE GROVE DEPARTMENT OF PUBLIC SAFETY OR CITY PERSONNEL POLICY. Candidate Director of Public Safety Date Date .� Between THE CITY OF COTTAGE GROVE /_R:I INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL -CIO r 1 . TABLE OF CONTENTS ARTICLE I. PURPOSE OF AGREEMENT ......................................................... ............................... 3 ARTICLEII. RECOGNITION .............................................................................. ............................... 3 ARTICLE III. UNION SECURITY...... .................................. ..... -- ............................................ ......... 3 ARTICLEIV. EMPLOYER SECURITY ................................................................. ............................... 4 ARTICLE V. EMPLOYER AUTHORI TY .............................................................. ............................... 4 ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE........... ......................................... 4 ARTICLEVII. DEFINITION .................................................................................... ............................... 6 ARTICLE VIII. SAVINGS CLAUSE ......................................................................... ............................... 7 ARTICLE IX. WORK SCHEDULES ...................................................................... ............................... 7 ARTICLEX. OVERTIME PAY ............................................................................. ............................... 8 ARTICLEXI. CALL BACK... ..... -- ....................................................................... ............................... 8 ARTICLEXII. STANDBY ....................................................................................... ............................... 8 ARTICLE XIII. CDL DIFFERENTIAL.- - . ........................................... .... --- ......................... - ... ... 9 ARTICLEXIV. LEGAL DEFENSE....... ................................ -- ............................................... ............ 9 ARTICLE XV. RIGHT OF SUBCONTRACT ...... .............. .... --- ......................................... ................ 9 ARTICLEXVI. DISCIPLINE .................................................................................... ............................... 9 ARTICLEXVII. SENIORITY ..................................................................................... ............................... 9 ARTICLE XVIII. PROBATIONARY PERIODS ........................................................ ............................... 10 ARTICLEXVIV. SAFETY ........................................................................................ ............................... 10 ARTICLEXX. JOB POSTINGS ........................................................................... ............................... 10 ARTICLEXXI. INSURANCE ................................................................................. ............................... 11 ARTICLEXXI I. WAIVER ........................................................................................ ............................... 12 ARTICLEXXIII. DURATION ................................................................................... ............................... 12 APPENDIXA: WAGES ........................................................................................ ............................... 13 APPENDIXB: STEP PAY PLAN... ..... - ............................................... ........................................... -- 15 APPENDIXC: OTHER BENEFITS....................................................................... ............................... 23 A . HOLIDAYS ......................................................................................................... ............................... 23 B . ANNUAL LEAVE ...... ................................... ................................................................................. 23 C. CONVERSION OF EXISTING VACATION AND SICK LEAVE BALANCES .... ............................... 24 D. SHORT -TERM DISABILITY BENEFITS ............................................................ ............................... 25 E . JURY DUTY ....................................................................................................... ............................... 26 F . INJURY ON DUTY .............................................................................................. ............................... 26 G. UNIFORM AND TOOL ALLOWANCE .............................................................. ............................... 27 H. SEASONAL/ TEMPORARY EMPLOYEES ....................................................... ............................... 27 I. DEPARTMENT POLICY PUBLIC WORKS DEPARTMENT ..................................................... 28 J UNIFORM POLICY ............................................................................................... .............................28 K. SAFETY GLASSES POLICY ..... -- .................................................................... ............................... 32 CENTRAL PENSION FUND MEMORANDUM OF UNDERSTANDING ................. ............................... 35 LOSS OF DRIVERS LICENSE MEMORANDUM OF UNDERSTANDING ..... ..................................... 37 SUMMER HOURS MEMORANDUM OF UNDERSTANDING ................................ ............................... 39 SHORT -TERM DISABILITY MEMORANDUM OF UNDERSTANDING ........ .......................... - ....... 43 N ARTICLE I. PURPOSE OF AGREEMENT 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 II. 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 Ill. 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. 3 ARTICLE IV. EMPLOYER SECURITY 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. ARTICLE V. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 62 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following 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. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue 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. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed 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. 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 91 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 EnPLOYER will give seven 1 7% da s 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 New Year's Day, Martin Luther King Day, 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 M 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 C y ether than that required under the standby provision, employee sha!l be en +.iI— to compensation for each hour or portion thereof actually worked at the overtime rate of pay. ARTICLE XI11. 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. 16.2 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). ARTICLE XVIL 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 N 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. m ARTICLE XXI. INSURANCE 21.1 The EMPLOYER contribution for 2012 -2014 will be as follows: [.9Gr=Ti' 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. 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. ARTICLE XXII. WAIVER 221 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. ARTICLE XXIII. DURATION This AGREEMENT shall be effective as of January 1, 2012 and shall remain in full force and effect until the December 31, 2014. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 2012. 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 IN APPENDIX A: WAGES BASIC WAGE SCHEDULE The following hourly wage schedule will be in effect for the period from January 1, 2012, through December 31, 2014. The wage increase shall be effective the whole pay period including the date listed. DIFFERENTIALS - WORKING FORE(WO)MAN, LEAD WORKER, FORESTER The following differentials will be in effect for the period from January 1, 2012, through December 31, 2014. The wage increase shall be effective the whole pay period including the date listed. 1.0% 1.0% 1.0% 2.0% 2.0% STEP TITLE REQUIREMENTS TO ENTER STEP 1/1/12 5/21/12 11/21/12 1/1/13 1/1/14 PSW Meet minimum job requirements as outlined in the job description SPSW + SPSW + SPSW + SPSW + SPSW + and be selected and offered a $1.36 per $1.37 per $1.38 per $1.41 per $1.44 per position $17.91 $18.09 $18.27 $18.64 $19.01 PSW I Completed 6 months service $19.05 $1924 (or $26.67) $19.43 (or $27.76) $19.82 leadership training. $20.22 PSW II Completed one (1) years service Working Meet SPSW and Step 1 requirements $21.46 $21.68 $21.90 $22.34 $22.79 PSW III Completed two (2) years service SPSW + SPSW + annually and $5.03 per $5.08 per and Step 2 requirements $22.61 $22.84 $23.07 $23.53 $24.00 PSW IV Completed three (3) years hour hour supervisory / (or $29.82) (or $30.12) service and Step 3 requirements $23.83 $24.07 $24.31 $24.80 $25.30 PSW V Completed four (4) years service and Step 4 requirements $24.28 $24.52 $24.77 $25.27 $25.78 SPSW Completed five (5) years service and Step 5 requirements $24.79 $25.04 $25.29 $25.80 $26.32 Maintaining Meet SPSW requirements SPSW status annually. I DIFFERENTIALS - WORKING FORE(WO)MAN, LEAD WORKER, FORESTER The following differentials will be in effect for the period from January 1, 2012, through December 31, 2014. The wage increase shall be effective the whole pay period including the date listed. 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. HKI (1.0 %) (1.0 %) (1.0 %) (2.0 %) (2.0 %) TITLE REQUIREMENTS TO MAINTAIN STEP 1/1/12 5/21/12 11/21/12 1/1/13 1/1/14 Lead Worker Meet SPSW requirements SPSW + SPSW + SPSW + SPSW + SPSW + annually and $1.36 per $1.37 per $1.38 per $1.41 per $1.44 per participate in hour hour hour hour hour supervisory / (or $26.15) (or $26.41) (or $26.67) (or $27.21) (or $27.76) leadership training. Working Meet SPSW Fore(wo)man requirements SPSW + SPSW + SPSW + SPSW + SPSW + annually and $5.03 per $5.08 per $5.13 per $5.23 per $5.34 per participate in hour hour hour hour hour supervisory / (or $29.82) (or $30.12) (or $30.42) (or $31.03) (or $31.66) leadership training. 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. HKI DIFFERENTIALS - MECHANIC The following differentials will be in effect for the period from January 1, 2012, through December 31, 2014. The wage increase shall be effective the whole pay period including the date listed. 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. W 1.0%1 (1.0 %) 1.0% (2.0 %) (2.0 %_ TITLE REQUIREMENTS TO ENTER STEP 1/1112 5/21/12 11/21/12 1/1/13 1/1/14 PSW Meet minimum job Mechanic requirements as outlined in the job description and be selected PSW + $1.07 PSW + PSW + PSW + PSW + and offered a position. Does per hour $1.08 per $1.09 per $1.11 per $1.13 per not include Mechanic Foreman (or $18.98) hour hour hour hour position or Mechanic Lead (or $19.1, (or $19.36) (or $19.75) i (or $20.14) Worker position. PSW I Completed 6 months service. PSW I + PSW I + PSW I + PSW I + PSW I + Mechanic Does not include Mechanic $1.07 per $1.08 per $1.09 per $1.11 per $1.13 per Foreman position or Mechanic hour hour hour hour hour Lead Worker position. or $20.12 or $20.32 or $20.52 or $20.93 or $21.35 PSW II Completed one (1) years PSW II + PSW it + PSW II + PSW II + PSW 11 + Mechanic service and Step 1 $1.07 per $1.08 per $1.09 per $1.11 per $1.13 per requirements. Does not include hour hour hour hour hour Mechanic Foreman position or (or $22.53) (or $22.76) (or $22.99) (or $23.45) (or $23.92) Mechanic Lead Worker p osition. PSW III Completed two (2) years PSW III + PSW III + PSW III + PSW III + PSW III + Mechanic service and Step 2 $1.07 per $1.08 per $1.09 per $1.11 per $1.13 per requirements. Does not include hour hour hour hour hour Mechanic Foreman position or (or $23.68) (or $23.92) (or $24.16) (or $24.64) (or $25.13) Mechanic Lead Worker p osition. PSW IV Completed three (3) years PSW IV + PSW IV + PSW IV + PSW IV + PSW IV + Mechanic service and Step 3 $1.07 per $1.08 per $1.09 per $1.11 per $1.13 per requirements. Does not include hour hour hour hour hour Mechanic Foreman position or (or $24.90) (or $25.15) (or $25.40) (or $25.91) (or $26.43) Mechanic Lead Worker p osition. PSW V Completed four (4) years PSW V + PSW V + PSW V + PSW V + PSW V + Mechanic service and Step 4 $1.07 per $1.08 per $1.09 per $1.11 per $1.13 per requirements. Does not include hour hour hour hour hour Mechanic Foreman position or (or $25.35) (or $25.60) (or $25.86) (or $26.38) (or $26.91) Mechanic Lead Worker p osition. SPSW Completed five (5) years SPSW + SPSW + SPSW + SPSW + SPSW + Mechanic service and Step 5 $1.07 per $1.08 per $1.09 per $1.11 per $1.13 per requirements. Does not include hour hour hour hour hour Mechanic Foreman position or (or $25.86) (or $26.12) (or $26.38) (or $26.91) (or $27.45) Mechanic Lead Worker position. Maintaining Meet SPSW requirements ! SPSW annually. 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. W 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. In 2014, the bargaining unit will receive the same market adjustment, if any, that the Cottage Grove Police Officers Federation receives, as detailed on page 21 of their 2012 -2014 labor agreement. 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 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 15 94tgisa 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. 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. 16 6. Confined space training. Fleet and Eauipment Maintenance: 1. Knowledge of vehicle maintenance, facilities and equipment. 2. Perform repair of small engines and vehicle maintenance. 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 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. 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 17 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 II 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 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. i3 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, 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 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. 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 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: 09 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 REQUIRIViENTS GENERAL: 1. Meet all requirements of Step 4. 2. Successful completion of four (4) full years of service. 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: 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. Ability to lay -out, maintain stormwater ponds and install storm sewer culverts without supervision. Parks: 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. 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. Basic knowledge of and ability to assist on street light repairs. Fleet and Equipment Maintenance: 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 20 vehicles, maintenance of Light and heavy equipment and maintenance of public safety equipment. 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. 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: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, light and heavy equipment operation and surveying. Water /Sewer: 21 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. 8. 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. Ice Arena: 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. Maintaining SPSW Status: 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. 1 6P.T*4U:Uz 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: 22 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. APPENDIX C: OTHER BENEFITS 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. 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. B. ANNUAL LEAVE 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. 23 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. I Annual leave earned shah be accrued and the tOtai 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. C. CONVERSION OF EXISTING VACATION AND SICK LEAVE BALANCES 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. 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. 24 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 L0 tnc imaximuri'i aS Cvimputeu uciwn. 3. Once per year, on either the first pay period after April 1 5t or the first pay period after October 1 any employee who has completed at least seven (7) years of service with the City may exchange up to twenty -four (24) hours of accumulated annual leave for 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. D. SHORT -TERM DISABILITY BENEFITS 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 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 41 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. 5. Effective May 21,2012, a short -term disability bank (Bank) will be established. This Bank will assist an employee get through the 160 hour waiting period before short - term disability benefits start. The maximum number of hours in each employee's Bank will be 80 hours. Each new and current employee will start with 25 hours in their Bank. Each employee will accrue 1 hour in to their Bank per pay period, up to the 80 hour maximum. Employees must reach the 160 hour waiting period to receive this benefit, no exceptions. This benefit will be paid retrospectively. Once the employee qualifies for short -term disability benefits, all accrued Bank hours will be used to replace unpaid (if any), Annual Leave and Compensatory time hours an employee used to get through the 160 hour waiting period. Bank hours will always replace any unpaid hours first. Bank hours are not transferable to another employee. Bank hours will not be paid out when an employee leaves City employment. In order to receive this benefit, the employee must comply with the provisions of Articles 1 through 4. 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. F. INJURY ON 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. 26 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. 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. G. UNIFORM AND TOOL ALLOWANCE 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. H. SEASONAL/ TEMPORARY EMPLOYEES 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 s ` time period. All overtime will be offered to full -time employees prior to seasonal/ temporary employees. NA No seasonal /temporary employee will operate any equipment requiring a "CDL: License, or any heavy equipment. This position will consist primarily of laborer work. Rates of Pa v : 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. M J. UNIFORM POLICY 1. 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 purpose of this policy is to outline policies and procedures regarding the eii "'I" . ..p p Y p P g' y, 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. Wearinq 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. M 1 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 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 iii. protective eye wear iv. hearing protection 00 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. C. The seasonal part -time employee unlivorm and safety accessory issue (City purchased) is as follows: L 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 1 st 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: 31 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. 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. K. SAFETY GLASSES POLICY 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.) 32 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. 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. 33 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. c. Employees shall be reimbursed after submitting the appropriate form and r l _ rc prOOi of �u�ciiaSe. 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. 34 CPF MEMORANDUM OF UNDERSTANDING Between CITY OF COTTAGE GROVE And LOCAL NO. 49 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. 35 For the City of Cottage Grove For IUOE, Local 49 Ryan Schroeder, City Administrator Todd Doncavage, ABR Dated 36 LOSS OF DRIVERS LICENSE MEMORANDUM OF UNDERSTANDING Between 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. 37 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, 2012, through December 31, 2014. This current MOU shall replace any and all previous versions. As of January 1, 2015, this Memo may be extended, modified, or eliminated at either parties' request. For the City of Cottage Grove Ryan Schroeder, City Administrator For IUOE, Local 49 Todd Doncavage, ABR Dated C SUMMER HOURS MEMORANDUM OF UNDERSTANDING 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 ______.v : emp loyees perm i tted _ ...__,. _ Summe _ , ,_..__ _k s �iuyiaui iri'vJ� which auiNiGyeeS will be �Gniii a uGU iu wain a aunuiicr nuu�a wo scneuule 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: Summer Hours will start approximately May 15`". Summer Hours will end on approximately the week before Labor Day. 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, 4`" 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 39 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 w thin � a seven (7) day period (Mon day 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. For the City of Cottage Grove For IUOE, Local 49 Ryan Schroeder, City Administrator Todd Doncavage, ABR Dated Ift