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LABOR AGREEMENT
Between
CITY OF MINNEAPOLIS
and
CITY EMPLOYEES LOCAL UNION NO. 363, AFL-CIO
THIS AGREEMENT, hereinafter referred to as the Labor
Agreement or the Agreement,
is made and has been entered into effective the 1st day of
January, 1998 by and between the City of Minneapolis, the Employer,
and the City Employees Local Union No. 363, AFL-CIO, the Union.
The Employer and the Union, the Parties,
agree to be bound by the following terms and provisions:
ARTICLE 1
RECOGNITION AND UNION SECURITY
Section 1.01 - Recognition and Amendments to Unit
Subd. 1. Recognition
The Employer recognizes the Union as the sole and exclusive
certified collective bargaining representative of all employees
whose job classifications and rates of pay are set forth in
Appendix "A" of this Agreement, except those who are
Supervisors and Confidential employees within the meaning of the Minnesota
Public Employment Labor Relations Act, as amended, those who
are otherwise excluded by the Act, and all other employees.
Subd. 2. Amendment to Certified Unit
Disputes which arise between the Employer and the Union over the
inclusion or exclusion of any job classifications may be referred
by either Party to the Commissioner, Bureau of Mediation
Services, State of Minnesota, for determination in accordance
with applicable statutory provisions. Determination by the
Commissioner shall be subject to such review and determination as
is provided by statute and such rules and regulations as are
promulgated thereunder. In the event the Employer has established
a new job classification which is added to the bargaining unit by
agreement between the Parties or by determination of the
Commissioner, Bureau of Mediation Services, State of Minnesota,
the Parties agree to negotiate with one another concerning wages
and such other terms and conditions of employment as may be
applicable to the position and which are not covered by this
Agreement. However, it is agreed that all other terms and
provisions of the Agreement shall apply to the new job
classification.
Section 1.02 - Union Dues and Fair Share Fees
Check-Off
Subd. 1. Union Dues Payroll Deductions
In recognition of the Union as the exclusive representative, the
Employer shall deduct an amount sufficient to provide initiation
fee and the payment of the regular monthly Union membership dues
uniformly established by the Union from the wages of all
employees who have authorized, in writing, such deduction on a
form designated and furnished by the Union. The Union shall
certify to the Employer, in writing, the current amount of
regular monthly membership dues which it has uniformly
established for all members. Such deductions shall be cancelled
by the Employer upon a written request made by the involved
employee to the Union with a copy to the appropriate departmental
payroll office.
Subd. 2. Fair Share Fees Payroll Deductions
In accordance with Minnesota Statutes 179A.06, Subd. 3,
the Employer shall, upon notification by the Union, deduct a fair
share fee from all certified employees who are not members
of the Union. This fee shall be an amount equal to the regular
membership dues of the Union, less the cost of benefits financed
through the dues and available only to members of the Union, but
in no event shall the fee exceed eighty-five percent (85%) of the
Union's regular membership dues or such amount as may otherwise
be allowable by law. The Union shall certify to the Employer, in
writing, the current amount of the fair share fee to be deducted
as well as the names of bargaining unit employees required by the
Union to pay the fee.
Subd. 3. Time of Deductions
The Employer shall deduct Union dues and fair share fees each
payroll period. In the event an employee covered by the
provisions of this section has insufficient pay due to cover the
required deduction, the Employer shall have no further
obligations to effect subsequent deductions for the involved
payroll period.
Subd. 4. Remittance
The Employer shall remit such Union dues and fair share fees
deductions made pursuant to the provisions of this section to the
appropriate designated officer of the Union within fifteen (15)
calendar days of the date of the deduction along with a list of
the names of the employees from whose wages deductions were made
and not made.
Subd. 5. General Administration
The following shall be applicable to the administration of the
provisions of this section:
a. All certifications from the Union as to the amounts of
deductions to be made as well as notifications by the Union
and/or bargaining unit employees as to changes in deductions must
be received by the Employer at least fourteen (14) calendar days
in advance of the date upon which the deduction is scheduled to
be made in order for any change to be effected.
b. The Employer shall, upon the request of the Union, but no more
frequently than once each calendar quarter, provide the Union
with a report showing the names of those employees in the
bargaining unit along with their classifications and department
locations, mailing addresses of record, Union Code, current rates
of pay, and classification/City seniority.
c. When an employee on the dues deduction transfers from one work
location within the bargaining unit to another, the deduction of
dues shall not be terminated except as directed by the involved
employee.
d. No other employee organization shall be granted payroll
deduction of dues for employees covered by the Agreement without
the express written permission of the Union.
Subd. 6. Hold Harmless
The Union agrees to indemnify, defend and hold the Employer, its
officers, agents and employees harmless against any and all
claims, suits, orders or judgments brought or issued against the
Employer, its officers, agents and employees as a result of any
action taken or not taken in compliance with the specific
provisions of this section or which are taken or not taken at the
request of the Union.
Section 1.03 - Exclusive Representation
The Employer shall not enter into any agreements with the
employees covered by this Agreement either individually or
collectively or with any other employee organization which in any
way conflicts with the terms and provisions of this Agreement.
Further, the Employer shall meet and negotiate, pursue the
resolution of grievances and conduct arbitration proceedings only
with the properly designated representative(s) of the Union.
Section 1.04 - Union Stewards
The Union may designate certain bargaining unit employees to act
as stewards and shall certify to the Employer, in writing, their
names, along with the names of business representatives and/or
officers of the Union who shall be authorized by the Union to
investigate and present grievances. The Employer agrees to
recognize such representatives, subject to the following:
Subd. 1. Number of Stewards
The Union may designate one (1), but no more than one (1),
steward on each shift for each of the Employer's principal work
areas from among those employees who work therein.
Subd. 2. Activities of Stewards
Designated and certified stewards shall be granted reasonable
time off, with pay, in order to investigate and/or present
grievances to the Employer during their normal working hours.
Such stewards, however, shall not leave their work stations
without first obtaining the permission of their immediate
supervisor and shall notify their immediate supervisor upon
returning to work. The permission of the supervisor shall not be
denied without good cause. When the Parties agree that it is
mutually beneficial to have an officer of the Union participate
in such presentation and/or investigation, such officer shall
also be authorized time off with pay for this purpose. Stewards
and other representatives of the Union shall not interfere in any
way with the Employer's operation or with the performance of work
by its employees. Nothing in this paragraph, however, shall be
construed to limit the proper presentation of grievances provided
for by this subdivision.
Section 1.05 - Visitation
With notice to an available supervisor at a worksite,
non-employee representatives of the Union who have been certified
to the Employer may come on the worksite for the purpose of
investigating and presenting grievances. The Union agrees there
shall be no solicitation for membership, signing up of members,
collection of initiation fees, dues, fines or assessments,
meetings or other Union activities on the Employer's time by such
non-employee representatives, the Union's stewards or any
officers of the Union.
Section 1.06 - Bulletin Boards
The Employer shall provide for the Union's use, reasonable space
on designated bulletin boards for the purpose of posting official
Union notices. Each posted notice shall bear the signature of the
Union representative who has posted the notice and the date of
the posting. Such person shall be required to remove the notice
once it has served its purpose. The Union shall not post material
of a political nature.
Section 1.07 - Union Membership
Employees have the right to join or to refrain from joining the
Union. Neither the Employer nor the Union nor any of their
respective agents or representatives shall discriminate against
or interfere with the rights of employees to become or not become
members of the Union, and further there shall be no
discrimination or coercion against any employee because of Union
membership or non-membership. The Union shall, in its
responsibility as exclusive representative of the employees,
represent all bargaining unit employees without discrimination,
interference, restraint, or coercion.
Section 1.08 - Laborers Political League (L.P.L.)
Deductions
The employer shall deduct a specified amount from the bi-weekly
wages of all employees who have authorized, in writing, such
deduction on a form designated and furnished by the Union for
voluntary contributions to the Laborers Political League. Amounts
deducted shall be separately accounted for and combined with the
regular monthly dues deduction provided for in Subd. 1 of this
Section and shall be transmitted to the Union in accordance with
Subd. 4 of this Section.
Section 1.09 - Laborers Industrial Pension
The Employer and the Union will explore the feasibility and
processes necessary to implement the language and contributions
required to begin participating in the Laborers' National
Industrial Pension Fund. Upon mutual consent to the above, and at
the request of the Union, the employer agrees it will modify the
language and financial terms of the agreement in order to
implement the required contributions.
ARTICLE 2
MANAGEMENT RIGHTS
The Union recognizes the right of the Employer to operate and
manage its affairs in all respects in accordance with applicable
laws and regulations of appropriate authorities. All rights and
authority which the Employer has not officially abridged,
delegated or modified by the express terms and provisions of this
Agreement are retained by the Employer.
ARTICLE 3
NO STRIKE - NO LOCKOUT
Section 3.01 - No Strike
The Union, its officers or agents, or any of the employees
covered by this Agreement shall not cause, instigate, encourage,
condone, engage in, or cooperate in any strike, work slowdown,
mass resignation, mass absenteeism, the willful absence from
one's position, the stoppage of work, or the abstinence in whole
or in part of the full, faithful and proper performance of the
duties of employment during the term of this Agreement.
Section 3.02 - No Lockout
The Employer agrees that neither it, its officers, agents nor
representatives, individually or collectively, will authorize,
institute or condone any lockout of employees during the term of
this Agreement.
Section 3.03 - Violations by Employees
Any employee who violates any provision of this article may be
subject to disciplinary action, including discharge.