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COLLECTIVE BARGAINING AGREEMENT COVERING
SEASONAL MAINTENANCE EMPLOYEES OF THE
MINNEAPOLIS PARK AND RECREATION BOARD
FOR MAY 1, 1998 THROUGH APRIL 30, 2000
This Agreement is hereby made and entered into by and between the Minneapolis Park and Recreation Board (hereafter Board), and City Employee's Union, Local No. 363 (hereafter Union).
It is understood and agreed between the parties that Local 363 is the formally recognized representative in matters involving conditions of employment of the maintenance employees of the Board, and as such, Local 363 is authorized under law to enter into this Collective Bargaining Agreement for and on behalf of the employees it represents, known as Seasonal Park Maintenance Workers as shown by Exhibit "A" hereto, which also sets forth the compensation for said employees and is hereby made part of this Agreement.
Exhibit B, attached hereto, contains certain financial terms of this Agreement and is hereby made a part of this Agreement.
The Board and the Union agree that they will actively abide by, for the term of this Agreement, the existing Rules of the Minneapolis Civil Service Commission relating to the subjects of appointment, classification, disability leave, discipline, discharge, funeral leave, jury duty, layoff, probationary period, resignations, and seniority. The Board and the Union will meet and confer about proposed changes to the Civil Service rules that may be considered during the term of this agreement and will provide the results of those discussions to the Civil Service Commission for its consideration.
The Board retains the full and unrestricted right to perform
any inherent managerial function not specifically limited by this
Agreement.
GENERAL TERMS
Hours of service will be scheduled by the employing officer in
accordance with the funds and work available. Payroll periods
shall be bi-weekly.
HOURS OF WORK
The regular work day for employees shall be eight (8) hours and shall be determined from midnight of one day until midnight of the next day.
The normal work week for employees shall be forty (40) hours consisting of five consecutive work days followed by (2) days off. However, in accordance with the Fair Labor Standards Act exception for employees assigned to seasonal facilities, the normal work week for Seasonal Park Maintenance Workers working at Special Services facilities may be forty-eight (48) hours, provided that lengthened work weeks at these facilities will be offered on a voluntary basis.
When no work stoppage is scheduled for lunch, no time deduction shall be made for a lunch period.
All employees will be allowed two (2) work-relief periods per day not to exceed fifteen (15) minutes in mid-morning, and fifteen (15) minutes in mid-afternoon as scheduled by the supervisor during each full day worked, such relief to normally be taken on the job site, unless a different location is approved by the supervisor.
OVERTIME
Authorized hours actually worked after eight (8) in any workday or after forty (40) hours in any work week will be considered overtime hours and shall be paid at the rate of one and one-half (1 1/2) times the employee's straight time rate of pay; except that employees voluntarily assigned to work lengthened work weeks at Special Services facilities will not earn overtime until after they work forty-eight (48) hours in any work week. Provided that, during duly declared emergencies by the Board, employees will be compensated at the rate of one and one-half (1 1/2) times the employee's rate of pay for all hours worked in excess of forty (40) hours, or forty-eight (48) hours as indicated above for Special Services employees, in a work week and the overtime after eight (8) hours shall not apply.
In calculating overtime hours, the following shall be included
in the work week: hours actually worked and show-up time. To
receive payment for overtime hours, the employee must actually
work the hours credited or show up ready for work.
NOTICE OF WORK CHANGE
An employee will receive at least forty-eight (48) hours notice when he/she is not to work on any particular day and will give forty-eight (48) hours notice when the employee desires to take credited time off, except in the case of emergency or act of God, or when mutually agreed to between the employee and the Board.
If any employee properly shows up for work, and no work is
available, the employee shall receive two (2) hours' pay if no
work proceeds and a minimum of four (4) hours' pay if work does
proceed for at least one (1) hour.
SPLIT SHIFTS
There will be no regularly scheduled split shifts.
JOB POSTING
When a permanent Parkkeeper Trainee job vacancy occurs, returning certified Seasonal Park Maintenance Workers who have completed one full season shall be the exclusive candidates for no less than thirty percent (30%) of those vacancies.
WORK RULES
Reasonable work rules will be formulated and posted.
GRIEVANCE PROCEDURE
Section 1. This grievance procedure is established to resolve any specific dispute between an employee and the Board concerning, and limited to, the interpretation or application of the provisions of this Agreement.
Section 2. Any employee presenting a grievance may elect to be represented by a Union representative of the employee's choice at any step of this procedure.
Section 3. A grievance shall be resolved in the following manner:
Step 1: Any employee claiming a specific disagreement
concerning the interpretation or application of the provisions of
this Agreement shall, within twenty (20) calendar days of its
first occurrence or within ten (10) calendar days of the time the
employee reasonably should have knowledge of the occurrence,
whichever is later, discuss the complaint orally with the
employee's immediate supervisor. The supervisor shall attempt to
adjust the complaint at that time.
Step 2: If a complaint is not resolved in Step 1, and the
employee wishes to file a grievance, the employee shall, within
seven (7) calendar days of the oral discussion with the immediate
supervisor, serve a written copy of the grievance on the
supervisor and the Union. The written grievance shall set forth
the nature of the grievance, the facts on which it is based, the
specific provisions of the Agreement allegedly violated, and the
relief requested. The supervisor shall respond in writing to the
employee, and to the Union, within seven (7)) calendar days after
receipt of the grievance.
Step 3: If a grievance is not resolved in Step 2 and the Union
wishes to continue the grievance, the Union shall, within seven
(7) calendar days after receipt of the supervisor's answer,
present the written grievance and reply to the Board's Assistant
Superintendent for Operations or this person's designee. The
Assistant Superintendent for Operations shall give the Union and
the employee the Board's written answer within seven (7) calendar
days after receipt of the grievance.
Step 4: If the grievance is not resolved in Step 3 and the
Union wishes to continue the grievance, the Union shall, within
seven (7) calendar days after receipt of the Assistant
Superintendent for Operations' answer, present the written
grievance and replies to the Board's Superintendent or this
person's designee who shall consider the grievance and shall give
the Union the Board's written answer fourteen (14) calendar days
after receipt of the grievance.
Step 5: If a grievance is not resolved in Step 4 and the Union
wishes to continue the grievance, the Union may, within seven (7)
calendar days after receipt of the answer of the Superintendent
or this person's designee, refer the written grievance and
replies to arbitration. The parties shall attempt to agree upon
an arbitrator within seven (7) calendar days after receipt of
notice of referral; and in the event the parties are unable to
agree upon an arbitrator within said seven (7) calendar day
period, either party may request the Bureau of Mediation Services
to submit a panel of seven (7) arbitrators. Both the Board and
the Union shall have the right to alternately strike two (2)
names from the panel. In the event the parties cannot agree on
the party striking the first name, the decision will be decided
by a flip of a coin. The remaining person shall be the
arbitrator. The arbitrator shall be notified by a joint letter
from the Board and the Union requesting that the arbitrator set a
time and a place, subject to the availability of the Board and
Union representatives.
The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provision of this Agreement. The Arbitrator shall be limited to only the specific written grievance submitted by the Board and the Union, and shall have no authority to make a decision on any issue not so submitted . The arbitrator shall submit a decision in writing within ten (10) days following the close of the hearing or the submission of briefs by the parties, whichever is the later, unless the parties agree to an extension thereof. The decision shall be based solely upon the arbitrator's interpretation of the meaning or application of the facts of the grievance presented. The decision of the arbitrator shall be final and binding.
The fee and expenses of the arbitrator shall be divided
equally between the Board and the Union; provided, however, that
each party shall be responsible for compensating its own
representative and witnesses.
Section 4. The Board and the Union agree that the grievance and arbitration procedures contained in this Agreement are the sole and exclusive means of resolving all grievances arising under this Agreement. At any stage of the proceeding, however, representatives of the Board and Union may meet and resolve the dispute without further formal action.
Section 5. The time limits established in this Article may be extended by mutual written consent of the Board, the employee, and the Union.
Section 6. If the grievance is not timely pursued within the prescribed time limits, said grievance shall be considered resolved on the basis of the last answer provided, and there shall be no further appeal or review. Should the Board not respond within the prescribed time limits, the grievance will proceed to the next step.
Section 7. When an employee has elected to pursue a remedy by state statute or Minneapolis City Charter for alleged conduct which may also be a violation of this Agreement, the employee shall not have simultaneous nor subsequent resort to this grievance procedure and the grievance then or thereafter processed shall be forever waived. The filing of a grievance based on the same issue or subject matter shall act as a bar for any action based on the same grievance brought in any court or administrative body pursuant to federal or state law, or Minneapolis City Charter provision. However, the filing of a grievance under this labor agreement does not prevent an employee from pursuing both the grievance and a charge of discrimination brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Equal Pay Act.
LABOR RELATIONS
In order to improve and maintain positive labor relations, Board representatives and employee representatives shall meet to discuss subjects of mutual interest.
EFFECTIVE DATE
This Agreement will be effective for the period May 1, 1998,
through April 30, 2000, and is executed and signed by the parties
hereto through their lawfully designated officers pursuant to the
authority of the Board and pursuant to the authorization of the
members and officers of Local 363 the day of of 1998.
Exhibit B - 1
Local 363 Seasonal Unit Financial
Agreements
1. Term of Agreement:
May 1, 1998 through April 30, 2000
2. General Wage Increases:
Hourly Rates Effective April 26, 1998
Step 1 Step 2
Seasonal Park Maintenance Worker $8.37 $8.66
Step 2 paid to all returning certified Workers
Hourly Rates Effective May 1, 1999
Step 1 Step 2
Seasonal Park Maintenance Worker $8.49 $8.91
Effective in 1999, Step 2 paid to all returning certified Workers
who receive a rating of 75 or greater on their previous year's
performance appraisal.
3. Longevity Schedule:
Certified employees will receive longevity pay as follows at the beginning of their tenth season.
.10 per hour (10 Seasons & Above)
Exhibit B - 2
UNION DUES AND FAIR SHARE FEES
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.
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 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.
UNION LEAVE
Leaves of absence without pay to serve in an elective or
appointive position in the Union shall be granted pursuant to
applicable Minnesota statutes. Upon return to active employment,
such employees shall be credited for time served on Union leave
for the purpose of determining the amount of vacation to which
they are entitled each year thereafter and for the further
purpose of calculating longevity pay.
SALARY RATES, PROGRESSION, ADVANCES AND TRANSFERS
Salary rates shall be as listed in Exhibit A.
Salary progression shall be as outlined on Exhibit B - 1
Longevity Pay shall be as specified in Exhibit A.
SUPPLEMENTAL LABORERS INDUSTRIAL PENSION
The Employer and the Union will explore the feasibility and
procedures necessary to implement the language and contributions
required to begin participating in the Laborers' National
Industrial Pension Fund. Upon mutual consent of the above,
pension deductions of twelve cents an hour ($.12) will commence
on or about January 1, 1999.
SAFETY SHOE REIMBURSEMENT
Employees will be reimbursed for up to $75 of the cost of
required steel toe safety shoes once each year in July. If the
total purchase price for safety shoes/boots is less than $75, the
actual purchase price will be reimbursed. Employees must apply
for the reimbursement and present necessary proof of purchase of
steel toe shoes by June 15 each year.
The final reimbursement for safety shoes will
be limited to shoes purchased a minimum of 30 days before the
actual last day at work.
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