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HomeMy WebLinkAboutResolution - 2023-11 - 2023-2025 Labor Agreement for International Union of Operating Engineers (Local #49) - 01/03/2023CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-11 A RESOLUTION APPROVING AND IMPLEMENTING THE 2023-2025 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND INTERNATIONAL UNION OF OPERATING ENGINEERS (LOCAL #430) WHEREAS, the current Labor Agreement between the City and International Union of Operating Engineers (Local #49) ("IUOE") governing Operating Engineers expires on December 31,2022;and WHEREAS, the City and IUOE participated in contract negotiations on a new Labor Agreement governing the period from January 1, 2023 through December 31, 2025 and reached a tentative agreement in November 2022 which is attached hereto as Exhibit A; and WHEREAS, the tentative agreement is subject to the approval of and implementation by the City Council in accordance with Minn. Stat. § 179A.20, subd. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that: (i) the 2023-2025 Labor Agreement between the City of Eden Prairie and International Union of Operating Engineers (Local #49) attached as Exhibit A is hereby approved and may be executed by the Mayor and City Manager; and (ii) City staff are hereby authorized to implement the agreement. ADOPTED by the Eden Prairie City Council this 3rd day of January, 2023. Ronald A. Case, Mayor ATTEST: L F ' 2 EXHIBIT A 2023–2025 Labor Agreement between City of Eden Prairie and International Union of Operating Engineers (Local #49) LABOR AGREEMENT Between THE CITY OF EDEN PRAIRIE And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL No. 49 January 1, 2023 -December 31, 2025 Article Article I Article II Article Ill Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXll Article XXI II Article XXIV Article XXV Purpose of Agreement ................................................................ 1 Recognition ................................................................................... 1 Union Security .............................................................................. 1 Employer Security ........................................................................ 2 Employer Authority ..................................................................... 2 Employee Rights -Grievance Procedure .................................. 2 Definitions .................................................................................... 4 Savings Clause .............................................................................. 5 Work Schedules ........................................................................... 5 Overtime Pay ................................................................................ 5 Call Back Pay ................................................................................. 5 Seasonal-Emergency Disruption Pay ......................................... 6 Legal Defense ............................................................................... 6 Right of Subcontract ......................................................... , ......... 6 Discipline ...................................................................................... 6 Seniority ....................................................................................... 6 Probationary Periods .................................................................. 6 Safety ............................................................................................ 7 Job Posting ................................................................................... 7 Insurance ...................................................................................... 7 Uniforms ....................................................................................... 8 Injury on Duty ............................................................................. 8 Annual Paid Leave and Holidays ............................................... 8 Snow Days .................................................................................. 10 Waiver ........................................................................................ 10 Article XXVI Duration ..................................................................................... 11 Signatures ............................................................................................................ 11 APPENDIX A Seasonal Emergency Disruption Pay .......................................... 12 APPENDIX B Utility on Call Emergency Pay ...................................................... 13 APPENDIX C Snow Plow on Call Pay .................................................................. 14 APPENDIX D Wage Schedule ............................................................................. 15 APPENDIX E Seasonal Temporary Employees ................................................. 17 LETTER OF UNDERSTANDING-Scheduling and Overtime ................................ 18 LETTER OF UNDERSTANDING-Union Security ................................................... 19 LETTER OF UNDERSTANDING-Water Plant Twelve Hour Shift ........................ 20 LETTER OF UNDERSTANDING -Cell Phone Reimbursement ........................... 22 ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Eden Prairie hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, 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 the 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 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. §179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Maintenance Worker Fleet Maintenance Service Worker Lead Personnel ARTICLE Ill. UNION SECURITY In recognition of the Union as the exclusive representative the EMPLOYER shall: 3.1 The UNION will obtain written authorization from the employee for the deduction from wages of union dues established by the union. 3.2 The EMPLOYER will deduct the amount authorized by the employee and remit the amount to the appropriate designated officer for the UNION commencing no later than thirty-one days with proper employee authorization. 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. 3.5 The City will provide reasonable space for union postings. Union stewards will be responsible for maintaining the designated space. All postings will comply with City policies, including the policy on political neutrality. 1 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, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLEV. 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. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 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 as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after 2 receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative'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 EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. 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. If the parties cannot agree upon an arbitrator the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue(s) not so submitted. B. The arbitrator shall be without power to make a decision 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. 3 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. DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No.49. 7.2 EMPLOYER: The City of Eden Prairie. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49. 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 the purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 7.7 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 .8 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. 4 ARTICLE VIII. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Eden Prairie. 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 provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal workday for an employee shall be eight {8) hours. The normal workweek 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 Division work schedule. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of workdays different from the employee's normal eight (8) hour workday. 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 workweeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of 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 will be compensated for at one and one-half (1Yz) 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 Compensatory time is paid at 1.5 times the number of overtime hours worked. Employees may only use up to 40 hours of compensatory time consecutively in lieu of paid time off (PTO). Eight (8) hours of PTO must be used between 40-hour use of compensatory time. ARTICLE XI. CALL BACK PAY 11.1 An employee called in for work at a time other than the employee's normal scheduled shift (Refer to Section 7.9) will be compensated for a minimum of two and a half (2.5) hours' pay at one and one-half (1Y,) times the employee's base pay rate. 5 ARTICLE XII. SEASONAL/ EMERGENCY DISRUPTION PAY 12.1 Employees required by the EMPLOYER to be available for and respond to emergency work requirements and/or seasonal work schedule changes will be eligible for seasonal/ emergency disruption pay. Assignment will be at the sole discretion of the EMPLOYER and payment of seasonal/ emergency disruption pay precludes payment of standby, pager or other forms of on-call compensation. See Appendix A. ARTICLE XIII. LEGAL DEFENSE 13.1 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. 13.2 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 XIV. RIGHT OF SUBCONTRACT 14.1 Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XV. DISCIPLINE 15.1 The EMPLOYER will discipline employees only for just cause. 15.2 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the employee(s) unless the employee(s) upon his/her request is given the opportunity to have a third party present at the interview to act as a witness for the eniployee(s). ARTICLE XVI. SENIORITY 16.1 Seniority will be the determining criterion for transfers, promotions, and lay offs when all job-relevant qualification factors are equal. 16.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees must complete twelve (12) months of employment with satisfactory job performance AND achieve level "C" pay by demonstrating the necessary skills to move beyond the probationary period. 17.2 Every employee will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. 6 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 17 .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 XVIII. SAFETY 18.1 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. 18.2 Representatives of the bargaining unit will be appointed to serve on the City Safety Committee to represent their departments. Appointment to the City Safety Committee will be based on management approval at the department head level. 18.3 Park Department employees assigned to work alone on night shifts shall be issued City radios for safety and communication purposes. ARTICLE XIX. JOB POSTING 19.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 19.11 have the necessary qualifications to meet the standards of the job vacancy; and 19.12 have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVII [PROBATIONARY PERIODS]. 19.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 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. ARTICLE XX. INSURANCE 20.1. The Employer will contribute an amount equal to that paid by the Employer to all employees (including all financial considerations as given to all employees) and life insurance options, including dependent coverage. 20.2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 20.3 Dental coverage will follow guidelines set forth in the EMPLOYER'S Employee Benefit Program. 20.4 Employees will be covered under the EMPLOYER'S short and long term disability plans. 7 ARTICLE XXI. UNIFORMS 21.1 The EMPLOYER will provide a work uniform and protective clothing program for all employees. An employee uniform committee will be established and maintained to monitor and recommend program changes annually. ARTICLE XXll. INJURY ON DUTY 22.1 The EMPLOYER through its Worker's Compensation insurance plan will provide Worker's Compensation benefits as allowed by law to all employees. In addition, the EMPLOYER will provide for a period of up to ninety {90) days, the difference between the employee's normal gross wages and the worker's compensation benefit. The first three (3) days of absence to be dequcted from the employee's PTO leave. ARTICLE XXlll. ANNUAL PAID LEAVE AND HOLIDAYS 23.1 Employees will participate in the EMPLOYER'S leave programs as outlined in the employment handbook, including short -term disability, long-term disability and extended family leave. 23.2 Paid time off (PTO) will accrue on biweekly basis from the date of employment as follows: Years of Service Personal Leave Accrued Maximum Accrual Amount Years 1 through 5 5.54 hours each payroll period for a total of 144 288 hours hours per year. 7.08 hours each payroll period for a total of 184 368 hours Years 6 through 10 hours per year. Year 11 7.38 hours each payroll period for a total of 192 384 hours hours per year. Year 12 7 .69 hours each payroll period for a total of 200 400 hours per year. hours Year 13 8.00 hours each payroll period for a total of 208 416 hours per year. hours Year 14 8.31 hours each payroll period for a total of 216 432 hours per year. hours Year 15 and over 8.62 hours each payroll period for a total of 224 448 hours per year. hours 23.3 PTO will not be granted during the first six months of employment. 23.4 Personal leave of three {3) days or more must be requested two (2) weeks in advance. 23.5 When an employee is required to work on an EMPLOYER observed holiday, the employee will be given the option of eight {8) hours of holiday pay plus time and one-half (lY,) for hours worked or eight (8) hours deferred holiday time and time and one-half (lY,) for hours worked. Holidays will be straight pay for Plant Operators assigned to a rotating schedule. 8 23.6 Starting in 2010, employees, excluding water plant operators assigned to a rotating schedule, will participate in the following eleven (11) EMPLOYER observed holidays: Holiday Date Observed New Year's Day January 1" Martin Luther King's Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Veteran's Day November 11th Thanksgiving Day 4th Thursday in November Christmas Eve December 24th Christmas Day December 25th On Christmas Day, Christmas Eve, New Year's Day, Independence Day, and Thanksgiving Day, all employees, including water treatment plant operators, shall receive double time the rate of pay for all hours worked when called in on a scheduled day off. All employees, including water treatment plant operators, assigned to a rotating schedule, will receive sixteen (16) hours of Floating Holiday time annually. The Floating Holiday has priority over the individual divisions PTO policy and can be used at the employee's discretion. The employee will give the supervisor a minimum of three (3) days advance notice. Floating Holiday time must be used by the first full pay period in December in the year it is accrued or it will be forfeited. Floating Holiday time can only be used in eight (8) hour increments. 23.7 Employees hired prior to July 4, 2009 will be covered under the EMPLOYER'S Legacy Benefit Policy. This policy relates to the conversion of the EMPLOYER's previous sick and personal leave programs. Included in the Policy are the following benefits: Deferred Compensation Match The following benefit will be given to EMPLOYEES based on his or her sick leave balance at the time of conversion: • Less than 800 accrued unused sick hours at the time of conversion -the EMPLOYER will match each dollar contributed by the EMPLOYEE up to 1% of the employee's base pay. • 800-1039 accrued unused sick hours at the time of conversion -the EMPLOYER will provide a lump sum payment of 1.5% of the EMPLOYEE's base pay at the end of each calendar year. • 1040 or more accrued unused sick hours at the time of conversion -the EMPLOYER will provide a lump sum payment of 2% of the EMPLOYEE's base pay at the end of each calendar year. Base pay does not include overtime and some other types of special pay. 9 Extended Illness Bank At the time of conversion, 48% of each employee's accrued unused sick leave balance was reserved in an individual extended illness bank. This bank can be used to extend the coverage provided through the EMPLOYER'S Extended Family Leave or Short-term Disability policies. Time in the extended illness bank has no cash value upon termination. ARTICLE XXIV. SNOW DAYS 24.1 When a snow emergency exists as determined by the City Manager, the City will provide transportation for the employees to and from work if it is found difficult or impossible to travel in their own vehicles and the employee is required to work for emergency reasons. ARTICLE XXV. WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions 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, 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. 10 ARTICLE XXVI. DURATION Upon its approval and implementation by the City Council of the City of Eden Prairie, this AGREEMENT and all appendices shall be effective as of January 1, 2023 and shall remain in full force and effect until December 31, 2025. IN \l\QTNESS WHEREOF, the parties hereto have executed this AGREEMENT this l-1 day of V.eWl.Mk>a , 2022. Alecia Rose, Admin Services/ Human Resources Director FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49: Jason George, Business Manager Ron Lundberg, Steward fi[-i(/;;eward 11 APPENDIX A SEASONAL EMERGENCY DISRUPTION PAY PURPOSE: Seasonal work required to meet public service demands such as plowing, sanding, rink flooding, etc., and emergency work in response to unusual circumstances such as fire, flood, winds, snow, sleet or breakdown of municipal equipment or facilities results in additional demands on Maintenance Operation's staff. In recognition of these ongoing demands, employees will receive additional compensation in the form of Seasonal Emergency Disruption Pay (SEDP). PARTICIPATION: All fleet, parks, streets and utility section maintenance employees with valid Minnesota Driver's License. (COL where required -Plant Operations staff). AVAILABILITY REQUIREMENTS: During active months (based on seasonal requirements & public demand) employees must be available, with reasonable notice, for call backs, early starts and extended days unless the employee has a pre-approved absence. Pre-approved absences include substantiated illnesses or use of personal leave. The City will use the existing Performance Management Program and Progressive Discipline Process to manage non-conforming employees. LEVEL OF COMPENSATION: Parks, Streets, and Fleet Maintenance Workers and Utility Maintenance Workers and other shift personnel qualified as Snowplow Team Members who volunteer for plowing will receive the monthly rate below. The intent of seasonal disruption is to cover the months of November, December, January, February, March and part of April. The first week of seasonal disruption will begin the pay period that encompasses November 1 of each year and then run 24 weeks ending in April. 2023 $260.76/month 2024 $271.19/month 2025 $282.04/month Traffic Signal Specialist and Sign Specialist shall receive an additional $0.50 per hour for 28 weeks April through October when not being paid as a Snowplow Team Member. PAYMENT: Seasonal Emergency Disruption Pay will be divided into an hourly rate and added to the employee's hourly base rate of pay during active months. 12 APPENDIX B UTILITY ON-CALL EMERGENCY PAV PURPOSE: To provide on-call emergency response to support and maintain the City's Utility system. Emergencies are generally defined as malfunctions of the water supply and distribution system, sanitary sewer collection (including lift stations), and storm sewer systems (including lift stations). These emergencies generally include sewer backups, lift station malfunctions, water main and service leaks, customer service problems and other situations reported by the public, by public safety, treatment staff or supervisors. PARTICIPATION: Qualified utility section operators shall annually share equal weekly responsibilities of being on 24-hour, seven-day-per week on call status to respond to emergency situations after and before normal work hours, weekends, and holidays. The exact rotation of the on-call status will be determined with input from operators and determined by management, but will take into consideration the following factors: • All qualified operators {Step D and above) shall share in the responsibility. • Rotation will be established by December 31'', each year for the following year. • After the schedule has been established, operators may "trade" on-call duties with other qualified operators. The strong preference is to trade "7-day blocks," but 5-day and 2-day weekend trades will be allowed to accommodate personal schedules. All planned trades shall be established one week in advance with the approval of the supervisor. PTO leave substitutions will be resolved at the operator/supervisor level as required. • Reporting of substitution status to the public safety department, treatment plant staff and utility manager will be the responsibility of the individual operator initiating the change. • Subsequent rotation schedule will take into account the previous year inequities of distribution of on-call status among all qualified operators. • The goal of the final policy will be to provide high quality customer service for after hours and weekend emergencies and provide an equal distribution of the responsibility among operators. LEVEL OF COMPENSATION: $71.43/day ($500.01/week) PAYMENT: On-call emergency pay will be processed as part of the normal pay period. 13 APPENDIXC SNOW PLOW ON-CALL PAY Each week during the seasonal disruption period (November through March), a snow plow operator is assigned to carry a pager and must remain available for weather related assessment and response. Assigned operators will be compensated $71.43 per day/$500.01 per week. 14 APPENDIXD WAGES SCHEDULE Position Ranges Job Series Minimum Step Maximum Step . . .· Maintenance Worker (MW) .. Step A Step E MW -Specialty Lead MeritAA MW-Seasonal and Technical Leads Merit BB MW -Regular Lead Merit CC Mechanic StepC Step BB Mechanic Lead Step CC Water PJant Operator/Mechanic . StepC Merit BB Water Plant Lead Merit CC Step Rates . ; . Step 2023 2024 . . . A $31.57 $33.12 B $33.03 $34.62 c $34.45 $36.09 D $35.89 $37.57 E $37.32 $39.04 AA $38.21 $39.96 BB $39.64 $41.43 cc $41.47 $43.31 The City of Eden Prairie strives to stay competitive in pay with its peer cities in order to attract and retain skillful and high performing employees. Based on current and projected economic and market trends, the City of Eden Prairie will increase Local 49 wages over the duration of this Contract. Increases are broken down as follows: First Pay Period of 2023 First Pay Period of 2024 First Pay Period of 2025 Other 3% Base Wage Adjustment, $1 Market Adjustment 3% Base Wage Adjustment, $0.60 Market Adjustment 1% Base Wage Adjustment, or whatever Council approves for non-union employees, whichever is higher Employees will be eligible to move to the maximum of their assigned range providing an evaluation of their qualifications meets the established step criteria and standards. Maintenance Worker: Opportunities for training 15 required to move to the next will be provided to qualified employees on the basis of seniority. The criteria for movement from one step to the next will be determined by management based on advice and input from an advisory committee consisting of one senior level member representing each division of the bargaining unit. Assignment to a lead position will be based solely on qualifying job evaluation results and organization needs as determined by management. 16 APPENDIX E SEASONAL/ TEMPORARY EMPLOYEES Employees employed by the EMPLOYER on a seasonal or temporary basis for no more than 160 workdays per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be paid at a rate determined by the EMPLOYER for the term of their employment. Such employees will not be eligible for any benefits under this Labor Agreement between the City of Eden Prairie and Local 49 except those which may be required by law. Both parties will monitor and evaluate the change in seasonal work days over the length of the Contract. If either party believes changes are needed those changes may be discussed during the length of the Contract. DURATION: Appendix E shall be effective as of January 1, 2023 and remain in effect until December 31, 2025. 17 LETTER OF UNDERSTANDING Between LOCALNo.49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES SCHEDULING AND ASSIGNMENT OF OVERTIME. The City of Eden Prairie will provide a schedule of known overtime requirements at the beginning of each year. A schedule for special events requiring additional staff support will be posted by the end of March. ASSIGNMENT OF OVERTIME: The order for assignment of overtime will be: • First Opportunity-Division Full-time Employees • Second Opportunity-Division Seasonal Employees • Subsequent Opportunities -Other Qualified Full-time Employees ************************************************************ This LETTER OF UNDERSTANDING expires December 31'1, 2025. Date: _1?:{~)_1,f-"--/;f._?-' __ ~or~rson Date: fr/ d'1 /;;vr- -'kcia Rose Admin Services/Human Resources Director 18 LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES UNION SECURITY. Union stewards shall be allowed to participate in formal negotiations with management during regularly scheduled work hours without loss of pay. The parties will work to schedule negotiating times that meet the needs of all participants. It is understood that negotiation sessions may sometimes extend beyond regularly scheduled hours. In no case, will overtime or additional compensation be paid to facilitate the negotiation process. *********************************************************** THIS LETIER OF UNDERSTANDING EXPIRES DECEMBER 31sr, 2025. Date: __,\~2f--;;r~7...,../ ?=,,___)= __ _ Date: ~'?----+'/J~1--+/~Q.._r ___ _ I I 19 Lo al No. 49 usi ess Representative Rick Getschow City Manager M Alecia Rose Admin Services/Human Resources Director LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES TWELVE HOUR SHIFTS AT THE WATER TREATMENT PLANT. Effective the pay period starting January 19, 2008, the City will implement twelve hour shifts and a four days on/four days off rotation for water treatment plant operators. The following conditions will apply: 1) Overtime will be paid for hours worked in excess of 12 hours on any day, and when treatment plant operators work in excess of 40 hours in a work week. Additional shifts worked beyond those scheduled will be treated as overtime. 2) Treatment plant operators who request PTO leave for an entire scheduled work day will use 12 hours of PTO leave. 3) Treatment plant operators who request an entire day of personal leave during a scheduled day of work will use 12 hours of personal leave. 4) In lieu of holidays or holiday premium pay, treatment plant operators will receive 40 hours of pay for the weeks they are scheduled to work less than forty hours during the 7 day work period. 5) Open shifts will be offered to each treatment plant operator based on a rotating priority list. The last person on the list offered the open shift will be expected to accept the shift. In most cases, last minute (same day) shift openings will not be filled by other operators. However, exceptions may occur during staffing shortages, emergencies or periods of peak demand as determined by treatment plant management. 6) Employees are expected to have at least 8 hours of rest prior to the start of a shift. Water treatment operators whose work shift schedule does not permit at least 8 hours of rest prior to a snow plowing notification should not respond to snow events. 7) The planned shift schedules are as outlined in the tables below. Individual schedules may be adjusted per the terms of the union contract. Summer Schedules -Mid April to Mid October Schedule Shift Shift End Start 01 5:30am 5:30pm 02 6:30am 6:30pm Nl 5:30pm 5:30am N2 6:30pm 6:30am Winter Schedules -Mid October to Mid April Schedule Shift Start Shift End Dl 6:00am 6:00pm 02 6:00am 6:00pm Nl 11:00am 11:00pm N2 11:00am 11:00pm 20 This is a new schedule and may be discontinued by either party with 90 days written notice. Both parties understand that issues may arise that were not anticipated in this letter of agreement. The parties will meet to discuss these issues as they arise. In principle, the schedule change is not intended to create any special benefits for· treatment plant operators relative to the previous schedule, Eden Prairie's general employment practices, or other provisions in the union contract. Date: \d--(lf-1/~ Rick Getschow Date: [ ~p1 /d1-- Alecia Rose Admin Services/Human Resources Director 21 LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES CELL PHONE REIMBURSEMENT. The City needs a method to contact employees for emergencies, snow events, and other work-related communication. As of January 1, 2014, employees will receive a reimbursement of $15 per pay period to reimburse for the use of cell phones for City business in accordance with the Cell Phone Allowance Policy. This benefit is intended to reimburse for a portion of cell phone minutes and text messaging for business purposes; at no time is it intended to reimburse for the entire plan cost. This reimbursement is subject to taxes under IRS guidelines. If an employee does not have a functioning cell phone in accordance with City Policy, they will continue to be provided a pager in order to receive work-related communication and are expected to respond to pages. *********************************************************** THIS LETTER OF UNDERSTANDING EXPIRES DECEMBER 31sr, 2025. ~/~ y Bergerson al No. 49 u 'ness Representative Date: \ d---/-z,,1/']/Z, ick Getschow City ~anager . (}::;;y(__~=<.::::::: AlllciaROSe Admin Services/Human Resources Director 22