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ARTICLE 10
HOURS OF WORK AND OVERTIME
Section 10.01 - Work Day and Work Week Defined
Subd. 1. Normal Work Day and Work Week Configuration
The normal work day shall be eight (8) hours of work and the
normal work week, regardless of shift arrangements, shall be an
average of forty (40) hours of work. Nothing herein shall be
construed as a guarantee of hours of work per day or per week.
Subd. 2. Departures From the Normal Work Schedule
Should it be necessary for the department to temporarily
establish work schedules departing from the normal work schedule,
notice of such change shall be given to the Union as soon as is
reasonably practicable.
Section 10.02 - Rest Periods
One fifteen (15) minute break in the morning shall be granted
at a time compatible with the state or progress of the job as
defined by the Foreman. The break shall be taken on the work site
unless explicitly permitted otherwise by the Foreman with the
concurrence of the General Foreman.
Section 10.03 - Meal Periods
Unpaid meal periods, when scheduled, shall be thirty (30)
minutes in duration. Employees shall not normally be assigned any
duties or responsibilities during such periods. Employees may be
allowed a reasonable period of time in which to clean up prior to
the meal period when, in the opinion of the employee's
supervisor, such clean-up time is appropriate because of employee
contact with toxic chemicals, sewage or extraordinary grime. In
no event, however, shall such clean-up time be permitted to
interfere with the normal progress of the project to which the
employee is assigned.
Section 10.04 - Show-Up Time
Employees not otherwise notified who report for regularly
scheduled work at the job site or at an equipment dispatching
site shall receive two (2) hours pay. To qualify for such show-up
time pay, the employee shall be obligated to remain on the work
site until such time as released by the Foreman, and to work
during this time if called upon to do so by the Foreman. If
required to work into the third hour or any succeeding hour, the
employee shall receive pay for the full hour. Employees shall be
permitted to use available vacation up to eight (8) hours (less
show-up time pay and pay for hours actually worked) for days upon
which they are prevented from working because of rain. Such
provisions, however, do not apply to Sanitation Division task
assignment employees.
Section 10.05 - Overtime
Subd. 1. Overtime Work and Pay
Employees may be required to work a reasonable amount of
overtime as assigned by the Employer. All overtime work must be
approved in advance. In no case shall overtime pay be granted to
employees in grades twelve (12) and above. Overtime pay shall be
granted to employees at the rate of one and one-half (1) times
their regular hourly rate of pay for all time worked in excess of
eight (8) hours per day or for all time worked in excess of forty
(40) hours per week and at the rate of two (2) times their
regular hourly rate of pay for all time worked on the seventh
(7th) day of a work week.
Subd. 2. No Duplication
There shall be no duplication or pyramiding of overtime and/or premium rates of pay under the provisions of this Agreement. Compensation shall not be paid more than once for the same hours under any provisions of this Agreement.
Subd. 3. Assignment of Overtime
Unless an established procedure exists to the contrary,
overtime opportunities will be offered first on a seniority basis
and then assigned based on reverse seniority.
Subd. 4. Emergency Response Pay
Water Works employees when responding to a Chlorine or Ammonia
emergency which requires the use of Self Contained Breathing
Apparatus (S.C.B.A.) will receive two (2) times their rate of pay
for the time actually worked to resolve the emergency. Each
employee required to use a S.C.B.A. in such situations shall be
compensated for a minimum of four (4) hours at this rate.
Subd. 5. Employees Who Regularly Work Weekends
Notwithstanding other provisions of this article, those
employees who are regularly scheduled to work on weekends shall
work their regularly scheduled shift and their regular, year
round work schedules shall take the number of holidays referenced
in Section 12.03 of this Agreement into account in determining
the total number of days off per year. Such employees shall be
paid at the rate of one and one-half (1) times their regular
rates of pay if required to work on any actual holiday. Holidays
falling on weekends shall not be observed on Fridays and/or
Mondays by such employees.
Further, Water Works employees shall be paid at a rate of two (2) times their regular rate of pay when called in or held over to work on said Holidays.
Section 10.06 - Standby Pay: Certain Sewer
Maintenance Employees
In the event certain Sewer Maintenance Division employees are
required to stand by for duty during normal off-duty hours, they
shall be compensated in accordance with the following schedule:
Mondays through Fridays: 2 Hours Straight-Time Pay/Day
Saturdays and Sundays: 5 Hours Straight-Time Pay/Day
Holidays: 8 Hours Straight-Time Pay/Day
Employees shall also be paid for hours actually worked during
such standby periods at the appropriate rate of pay. Standby
compensation paid in accordance with the above schedule
(exclusive of pay for hours actually worked) shall not be
construed as pay for hours worked for overtime or any other
purpose.
Section 10.07 - Inclement Weather
The Employer may temporarily suspend all or a portion of its
normal operation in response to inclement weather or other
emergency conditions. Such interruptions may be on an official
basis as determined by the Employer's Mayor and/or Council
President in which case closure announcements shall be made by
the Employer through internal means and, where appropriate or
necessary, be broadcast by WCCO-AM radio (830 kHz) and/or other
suitable public media or on an unofficial basis as determined by
lower authority in which case employees will be notified at the
job site. Employees shall be permitted to draw upon accumulated
vacation or sick leave benefits or accumulated compensatory time,
at their option, to the full extent of the lost compensation due
to any interruption in scheduled work.
ARTICLE 11
VACATIONS
Section 11.01 - Vacations With Pay
Employees in the classified service of the City shall be
entitled to vacations with pay in accordance with the provisions
of this article.
Section 11.02 - Eligibility: Full-Time Employees
Vacations with pay shall be granted to permanently certified
employees who work one-half () time or more and who have
completed six (6) months of continuous service. Vacation time
will be determined on the basis of continuous years of service,
including time in an unclassified position immediately preceding
appointment or reappointment to a classified position. For
purposes of this article, continuous years of service
shall be determined in accordance with the following:
Subd. 1. Credit During Authorized Leaves of Absence
Time on authorized leave of absence without pay, except to
serve in an unclassified position, shall not be credited toward
years of service, but neither shall it be considered to interrupt
the periods of employment before and after leave of absence,
provided an employee has accepted employment to the first
available position upon expiration of the authorized leave of
absence.
Subd. 2. Credit During Involuntary Layoffs
Employees who have been involuntarily laid off shall be
considered to have been continuously employed if they accept
employment to the first available position. Any absence of twelve
(12) consecutive months will not be counted toward years of
service for vacation entitlement.
Subd. 3. Credit During Periods on Disability Pension
Upon return to work, employees shall be credited for time
served on workers' compensation (those returning to active
employment after January 1, 1995) or disability pension as the
result of disability incurred on the job. Such time shall be used
for the purpose of determining the amount of vacation to which
they are entitled each year thereafter.
Subd. 4. Credit During Military Leaves of Absence
Employees returning from approved military leaves of absence
shall be entitled to vacation credit as provided in applicable
Minnesota statutes.
Section 11.03 - Eligibility: Intermittent and
Part-Time Employees
Permanent employees on an intermittent or part-time basis who
have worked continuously for six (6) months or more on such basis
shall also be granted vacations with pay in direct proportion to
the time actually employed. Thereafter, such employees shall
receive a full years' credit for purposes of determining vacation
benefit levels under the provisions of Section 11.04 of this
article upon working a full season, i.e., at least three
hundred eighty-four (384) hours. In no event, however, shall
employees receive vacation pay greater than what their earnings
would have been during such period had they been working.
Section 11.04 - Vacation Benefit Levels
Eligible employees shall earn vacations with pay in accordance
with the following schedule:
Employee's Credited Working Days' Vacation
Continuous Service per Year
One through Seven Years 12 Days [ 90 Hours]
Eight through Fifteen Years 16 Days [128 Hours]
Sixteen through Twenty Years 21 Days [168 Hours]
Twenty-One or More Years 26 Days [208 Hours]
Section 11.05 - Vacation Accruals and Calculation
The following shall be applicable to the accrual and usage of
accrued vacation benefits:
Subd. 1. Accruals and Maximum Accruals
Vacation benefits shall be calculated on a direct proportion
basis for all hours of credited work other than overtime and
without regard to the calendar year. Benefits may be cumulative
up to and including thirty-five (35) days. Accrued benefits in
excess of thirty-five (35) days shall not be recorded and shall
be considered lost.
Subd. 2. Negative Accruals Permitted
Employees certified to permanent positions prior to January 1,
1973 shall be allowed to accrue a negative balance in their
vacation account. Such amount shall not exceed the anticipated
earnings for the immediately succeeding twelve (12) month period.
The anniversary date for increase in such employee's vacation
allowance shall be January 1, of the year in which the employee's
benefit level is changed. Employees separating from the service
will be required to refund vacation used in excess of accrual at
the time of separation, if any.
Subd. 3. Negative Accruals Limited
Employees hired after January 1, 1973 shall be allowed to
accrue a maximum negative balance in their vacation account of up
to eighty (80) hours. The value of any existing negative balance
shall be deducted from final pay due at their seasonal layoff or
termination of employment. The anniversary date for increase in
such employee's vacation allowance shall be the beginning of the
work day immediately following the completion of the appropriate
number of years of continuous service.
Subd. 4. Vacation Usage and Charges Against Accruals
Vacation shall begin on the first working day an employee is
absent from duty. When said vacation includes a holiday, the
holiday will not be considered as one of the vacation days.
Section 11.06 - Vacation Pay Rates
Subd. 1. Normal
The rate of pay for vacations shall be the rate of pay
employees would receive had they been working at the position to
which they have been permanently certified, except as provided in
Subd. 2, below.
Subd. 2. Detailed (Working Out of Class) Employees
Employees on detail (working out of class) for a
period of less than thirty (30) calendar days immediately prior
to vacation will be paid upon the basis of the position to which
they have been permanently certified. Employees on detail for
more than thirty (30) calendar days immediately prior to vacation
will be paid upon the basis of the position to which they have
been detailed.
Subd. 3. Duel Certifications
Employees who hold duel certifications and who work at least
50% of their hours in the higher certification from April 1 to
November 30 shall have their vacation benefits paid at the higher
rate between December 1 and March 31. They will be paid at the
rate at which they are working immediately prior to taking
vacation or sick leave from March 31 to November 30.
Section 11.07 - Scheduling Vacations
Vacations are to be scheduled in advance and taken at such reasonable times as approved by the employee's department with particular regard to the needs of the Employer, seniority of employee, and, insofar as practicable, with regard to the wishes of the employee. No vacation shall be assigned by the Employer or deducted from the employee's account as disciplinary action.
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