|
|||||||
|
|
|
|||||
|
|
|||||||
ARTICLE 8
LAYOFF AND RECALL FROM LAYOFF
Section 8.01 - Layoffs and Bumping
Whenever any permanent position is to be abolished or it
becomes necessary because of lack of funds, lack of work to
reduce the number of employees in the classified service in any
department, the department head shall immediately report such
pending layoffs to the City Coordinator or his/her designated
representative. The status of involved employees shall be
determined by the following provisions and the involved employees
will be notified.
Subd. 1. General Order of Layoff
Layoffs shall be made in the following manner:
a. Permit employees shall be first laid off;
b. Temporary employees (those certified to temporary
positions) shall next be laid off;
c. Persons appointed to permanent positions shall then be laid
off.
Subd. 2. Layoff Based on Classification Seniority
The employee first laid off shall be the employee who has the
least amount of classification seniority in the classification in
which reductions are to be made. Provided, however, employees
retained must be deemed qualified to perform the required work
and employees who possess unique skills or qualifications which
would otherwise be denied the Employer may be retained regardless
of their relative seniority standing. For the purposes of this
article, there shall be separate seniority between permanent
year-round employees and permanent intermittent employees.
Subd. 3. Bumping
Employees who are laid off shall have their names placed on a
layoff list for their classification. Such employees who have at
least two (2) years of City seniority shall have the right to
displace (bump) the employee of lesser City seniority
who was last certified to progressively lower paid
classifications previously held permanently (i.e., one in which
the probationary period was satisfactorily completed) by the laid
off employee and in which job performance was deemed by the
Employer to be satisfactory which is lower than the original
classification of the laid off employee. In all cases, however,
the bumping employee must meet the current minimum qualifications
of the claimed position and must be qualified to perform the
required work.
Section 8.02 - Notice of Layoff
The Employer shall make every reasonable effort under the
circumstances to provide affected employees with at least
fourteen (14) calendar days notice prior to the contemplated
effective date of a layoff.
Section 8.03 - Recall from Layoff
An employee in the classified service who has been laid off
may be re-employed without examination in a vacant position of
the same class within three (3) years of the effective date of
the layoff. Failure to receive an appointment within three (3)
years will result in the eligibles name being removed from the
list.
Section 8.04 - Application and Scope
For purposes of this article, bargaining unit employees may
displace (bump) non-bargaining unit employees. Further,
non-bargaining unit employees shall be permitted to displace
bargaining unit employees. Specifically, the provisions of this
article respecting layoff, bumping and recall, shall be
applicable to those employees excluded from the bargaining unit
by virtue of their supervisory or confidential status.
Section 8.05 - Exceptions
The following exceptions may be observed:
Subd. 1. Mutual Agreement
If the Employer and the Union agree upon a basis for layoff
and reemployment in a certain position or group of positions and
such agreement is approved by the City Coordinator or his
designated representative, employees will be laid off and
re-employed upon that basis.
Subd. 2. Emergency Retention
Regardless of the priority of layoff, an employee may be
retained on an emergency basis for up to fourteen (14) calendar
days longer to complete an assignment.
Subd. 3. Job Bank
The parties to this Agreement agree to abide by the provisions
of the Letter of Agreement signed by the City and the
Union concerning the timely return to work of employees injured
on the job who have temporary or permanent restrictions, which is
attached to and incorporated into this Agreement.
Subd. 4. Construction Season
The parties to this Agreement agree to abide by the provisions
of the Memorandum of Agreement signed by the City and the Union
concerning interruptions in active employment, which is attached
to and incorporated into this Agreement.
ARTICLE 9
WAGES AND PAYROLLS
Section 9.01 - Classifications and Rates of Pay
Subd. 1. General
All positions covered by this Agreement shall be classified by
the Employer and the minimum, maximum and intervening salary
rates for such classification shall be those shown in Appendix
"A" to this Agreement.
Subd. 2. Job Classification System
The Minneapolis Civil Service Commission (MCSC) shall
administer the Employer's job classification system in accordance
with the following criteria:
a. The job classification evaluative process shall be based
upon professionally developed standards equally applied to all
positions without bias.
b. Job classes shall be established which group positions that
have identical or similar primary duties. Within each
classification, the nature of the work shall be significantly
different from other job classes.
c. Positions shall be classified based upon their job-related
contributions and/or assessed value to the Employer's functions.
d. New positions shall be evaluated and placed into job
classes based upon a comparison of the similarity of the assigned
duties to other positions in the job class. New positions shall
be placed into existing job classes unless the duties or
conditions of employment are found to be substantially different
from other existing classes in the classified service.
e. The MCSC shall maintain appropriate records relating to
classification studies and actions, and shall maintain a written
class specification for each job class in the classified service
describing typical duties and responsibilities of positions in
the job class.
f. The MCSC, in coordination with the Employer's Affirmative
Action Program, shall assign appropriate Federal Job Category (FJC)
designations to each job class.
Disputes respecting the classification of jobs within any
bargaining unit shall be directed to the MCSC for review and
final action. No dispute respecting the classification of jobs
shall be subject to the grievance/arbitration provisions of this
Agreement. In the event, either by law or otherwise, the MCSC
loses its legal authority to administer the Employer's job
classification system during the life of this Agreement, the
provisions of this section shall be null and void and the Parties
shall meet and negotiate with one another, at the request of
either of them, over an appeal procedure or other job
classification dispute resolution process.
Section 9.02 - Pay Progressions
Subd. 1. General
Employees are eligible to be considered for advancement to the
next higher step within the pay range for their classification,
if applicable, upon the completion of each six (6) months of actual
paid service in such classification. Such increases may be
withheld or delayed in cases where the employee's job performance
has been of a less than satisfactory level in which case the
employee shall be notified that the increase is being withheld or
delayed and of the specific reasons therefor. All such denials or
delays shall be grievable under the provisions of Article 4 (Settlement
of Disputes) of this Agreement. All increases approved
pursuant to this section shall be made effective on the work day
immediately following the employee's completion of each six (6)
months of actual paid service.
Subd. 2. Water Treatment Plant Operator
Water Treatment Plant Operators hired after February 9, 1992
must obtain a Class "D" Water Treatment Operator
license within eighteen months of hire. Failure to secure such
license shall result in the termination of employment. A Class
"D" license must be obtained before advancing to the
third pay progression step.
Section 9.03 - Advances and Transfers
Subd. 1. Pay Upon Promotion
The salary of an employee who advances from one grade to a
higher grade shall be the increment nearest the salary last
received by such employee in the lower classification plus 5%.
The employee shall be advanced thereafter in accordance with
Section 9.02 (Pay Progressions) of this article. The
provisions of this subdivision shall also be applicable whenever
an employee is detailed to perform all or substantially all of
the duties of a higher-paid classification but they shall not be
applicable to the apprenticeship progressions set forth in
Appendix "A" of this Agreement. Apprentice employees
shall be compensated at the appropriate step based upon their actual
paid service within the meaning of Section 9.02 (Pay
Progressions) of this Agreement and the number of service
hours at each apprentice level. An employee who voluntarily
demotes to their previously held position within twelve (12)
calendar months following promotion shall be returned to the same
pay step which was applicable immediately prior to the promotion.
Subd. 2. Pay Upon Transfer
When an employee attains a position in another classification
which provides for an identical pay progression schedule he/she
shall retain the same pay step as was applicable in his/her
previous position and the employee shall retain the same
anniversary date for future pay increase effective dates.
Subd. 3. Pay Upon Demotion
The salary of an employee who voluntarily demotes shall be
placed on the salary step on which they would be if they remained
in their position.
The salary of an employee who is demoted for disciplinary
reasons from one classification to another which provides for a
lower maximum salary, shall be the same step which the employee
had before the promotion; however, the employee shall not be
placed on a step which provides for a lower salary than the
employee had prior to the demotion. Thereafter, the employee
shall increase in accordance with Section 9.02 (Pay
Progressions) of this article.
Section 9.04 - Payrolls and Paydays
All payrolls shall be calculated on a biweekly basis and
employees shall normally be paid every other Friday.
Section 9.05 - Benefits Calculations and Accruals
For purposes of benefit plan administration, all compensated hours (exclusive of overtime hours and workers' compensation, unemployment compensation or similar insured compensation payments) shall be considered hours worked for all benefit accruals provided for by this Agreement. Benefit accruals shall be based upon a proportionate number of straight time compensated hours only.
HOME