HomeMy WebLinkAboutResolution No. 101-23 - Resolution - 2023-25 CBA International Union of Operating Engineers, Local 49 - Parks and Recreation
RESOLUTION
Approving the Collective Bargaining Agreement with the International Union of
Operating Engineers, Local 49 – Parks and Recreation (Union) for the Calendar
years 2023-25.
WHEREAS, the Union and the City of Rochester are parties to an existing Collective
Bargaining Agreement (CBA) that expired on December 31, 2022; and
WHEREAS, representatives of the Union and representatives of the City of Rochester
have negotiated a three-year Collective Bargaining Agreement (CBA) for the term of
January 1, 2023 - December 31, 2025; and
WHEREAS, Attachment A summarizes the changes negotiated to the existing CBA be-
tween the parties.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Roch-
ester approves and ratifies the attached changes to the 2023-2025 CBA with the Inter-
national Union of Operating Engineers, Local 49, Parks and Recreation.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Attachment A
2023-2025 International Union of Operating Engineers, Local 49:
Parks and Recreation.
Summary of Collective Bargaining Agreement Changes
1. Contract Clean-up
Eliminate he/she pronouns and other grammatical errors.
2. Article 7 – Standby
G. When an employee is scheduled and goes on Parks Department standby, they
shall receive a total of eight (8) hours of pay per weekend or four (4) hours per holiday
at the employee’s regular rate of pay. When an employee is scheduled and goes on
Forestry weekend standby, the employee shall receive a total of sixteen (16) hours of
pay at their regular rate of pay. When an employee is scheduled and goes on Forestry
holiday standby, the employee shall receive a total of eight (8) hours of pay at their
regular rate of pay. In order to be eligible for Forestry weekend standby, employees
must have received and maintain CPR, chainsaw, and aerial lift rescue training certi-
fication. The Forestry Standby list shall consist of at least 14 employees, including
Arborist, as well as other employees who meet the training qualfications above.
Employees who are on standby the previous weekend shall carry the City-provided
cell phones and either respond to all after hours weekday calls or are responsible to
find another qualified employee to respond.
Park Division employees normally scheduled to work Saturday or Sunday and who
are also scheduled for standby shall be eligible for pro-rated standby pay. Employees
scheduled to work both Saturday and Sunday will receive six (6) hours of standby pay
for the weekend and an employee scheduled to work only Saturday or Sunday will
receive seven (7) hours of standby pay for the weekend.
Forestry Division employees normally scheduled to work Saturday or Sunday and who
are also scheduled for standby shall be eligible for pro-rated standby pay. Employees
scheduled to work both Saturday and Sunday will receive twelve (12) hours of standby
pay for the weekend and an employee scheduled to work only Saturday or Sunday
will receive fourteen (14) hours of standby pay for the week-end.
When an employee is scheduled for and goes on Parks Division standby, they shall
receive a total of eight (8) hours of pay per weekend or four (4) hours per holiday at
the employee’s regular rate of pay. When a Parks Division employee is scheduled to
work on the weekend and also scheduled for weekend standby, they shall receive a
total of four (4) hours of standby at the regular rate of pay in addition to pay for the
regular hours worked.
When an employee is scheduled for and goes on Forestry Division weekend standy,
they shall receive the following compensation at the regular rate of pay:
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Attachment A
Total Standby Hours Effective Date
12 Hours First full pay period following full execution of the
2020 CBA*
10 Hours First full pay period in January 2021
8 Hours First full pay period in January 2022
A Forestry Division employee who is scheduled to work on the weekend and also goes
on weekend standby, shall receive the following compensation at the regular rate of
pay in addition to pay for the regular hours worked:
Total Standby Hours Effective Date
8 Hours First full pay period following full execution of the
2020 CBA*
6 Hours First full pay period in January 2021
4 Hours First full pay period in January 2022
*The weekend standby pay, for Forestry Division employees, cited in the 2017-2019
CBA will remain in effect until the new 2020-2022 CBA is fully executed.
Forestry Division employees who are assigned and go on standby for a holiday shall
receive four (4) hours of compensation at the employee’s regular rate of pay.
If a Parks or Forestry employee works only one day of their assigned weekend another
employee is assigned the other weekend day, each employee will receive half of the
allocated hours.
4.3. Article 8 – Holidays
A. All employees covered by this Agreement shall receive the following paid holidays
subject to the limitations as follows:
1. New Year’s Day 7. Veterans’ Day
2. Martin Luther King Day 8. Thanksgiving Day
3. Presidents’ Day 9. Day after Thanksgiving Day
4. Memorial Day 10. One-half (1/2) Day Christmas Eve
5. Independence Day 11. One-half (1/2) Day New Year’s Eve
6. Labor Day 12. Christmas Day
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13. Juneteenth (June 19)
5.4. Article 9 – Vacations
A. Vacation will accrue form an employee’s date of hire.Employees begin to accrue
vacation after they successfully complete their initial probationary work period. Em-
ployees in their probationary status may use accrued vacation with prior approval from
3
Attachment A
their supervisor.They will not be allowed to use vacation until after six (6) consecutive
months of employment.
E. Employees shall have the following vacation schedule:
Years of Service Vacation Allowed
Less than 1 year Prorated 96 hours
1 - 2 years 96 hours (12 days)
3 - 5 years 120 hours (15 days)
6 - 10 years 152 hours (19 days)
11 - 15 years 176 hours (22 days)
16 - 19 years 192 hours (24 days)
20 + years 200 hours (25 days)
* These modified accrual rates will become effective the first full pay period following
the execution of the new 2020-2022 CBA. (The previous 2017-2019 accrual rates will
remain in force until that time.)
7.5. Article 12 – Option to Purchase City Sponsored Health Coverage, Dental
Coverage, and/or Life Insurance After Retirement
An employee who retires from regular full-time employment with the City of Rochester
may continue to participate in the City-sponsored benefits the employee had immedi-
ately prior to retirement pursuant to state and federal law, the City’s Organizational
policies, as well as benefit plan documents.
An employee who retires from regular full-time employment with the City of Rochester
may continue to participate indefinitely in the City-sponsored health and/or dental in-
surance group that the employee participated in immediately prior to retirementa. The
retiree may receive dependent coverage only if he/she received dependent coverage
immediately prior to retirement. A retiree who initially selects dependent coverage
may later drop dependent coverage while retaining individual coverage, but the retiree
may not drop individual coverage and retain dependent coverage. City-sponsored life
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insurance may be continued until the retiree’s seventy-fifth (75) birthday.
In order to retain City-sponsored health and/or dental coverage or life insurance, the
retiree and his/her spouse, if applicable, must authorize the requisite deductions from
a checking or savings account in the amount that is designated by the City and may
be changed from time to time through written notification from the City.
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Attachment A
If a retired employee dies, the surviving spouse may continue to participate in the City-
sponsored health and/or dental insurance group that the surviving spouse participated
in at the time of the retired employee’s death. The surviving spouse must authorize
the requisite deductions from a checking or savings account in the amount that is
designated by the City and may be changed from time to time through written notifi-
cation from the City.
For the retiree, until age sixty-five (65), the amount of life insurance coverage which
can be purchased is any amount, in thousand-dollar increments, between a minimum
of ten thousand dollars ($10,000) and a maximum of the amount of coverage available
to the employee on the date of retirement from the City of Rochester. Beginning on a
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retiree’s sixty-fifth (65) birthday, the amount of life insurance coverage is limited by
the underwriter to ten thousand dollars ($10,000).
Any life-time maximum benefit designated in the health coverage plan document con-
tinues to be applied after retirement.
9.6. Article 13 – Insurance
A. The City will provide term life insurance in an amount equal to two (2) times the em-
ployee’s annual base salary, rounded to the next higher thousand as outlined in the
master policy on file in the City Clerk’s Office.
B. The City will provide group medical insurance and will pay a portion of the total pre-
mium as follows:
Medical Plan City’s Monthly Premium Contribution
Basic Medical Plan Tier Effective 20203 Effective 20214 Effective 20225
Employee Only 90.75 88.00% 89.75 87.50% 88.50 87.00%
Employee + Spouse 87.25 84.50% 86.25 84.00% 85.00 83.50%
Employee + Child(ren) 87.25 84.50% 86.25 84.00% 85.00 83.50%
Family 87.25 84.50% 86.25 84.00% 85.00 83.50%
High Deductible Plan Effective 20203 Effective 20214 Effective 20225
Employee Only 90.75 88.00% 89.75 87.50% 88.50 87.00%
Employee + Spouse 87.25 84.50% 86.25 84.00% 85.00 83.50%
Employee + Child(ren) 87.25 84.50% 86.25 84.00% 85.00 83.50%
Family 87.25 84.50% 86.25 84.00% 85.00 83.50%
I. Terminated employees may continue group health and dental coverage the employee
had immediately prior to termination pursuant to state and federal law, the City’s Or-
ganizational policies, as well as benefit plan documents. as provided by Federal CO-
BRA and Minnesota Statute. Retired employees may continue group health and den-
tal coverage until age eighty-five (85) and their group life insurance coverage until age
seventy-five (75). A surviving spouse may also continue group insurance coverage
5
Attachment A
as provided by Federal COBRA and Minnesota Statute. The total costs of any cover-
age will be paid by the employee or spouse.
11.7. Article 16 – Wages
A schedule of hourly wages for all bargaining unit positions is found in Addendum “A”
of this Agreement. Effective the first full pay period of January 2023, 2024, and 2025,
the prevailing schedule of hourly wages for all bargaining unit positions shall be in-
creased by two percent (2%), three percent (3%), and four percent (4%) respectively.
Addendum “A” is the hourly wage grid effective for the term of this Agreement. Be-
ginning with the first full pay period in January 2020, a new wage grid will be imple-
mented. In 2021, and 2022, the hourly wage rate will be increased by two and one-
half percent (2.50%); and two and three-quarters percent (2.75%) respectively.
13.8. Article 23 – Term
This Agreement shall be in effect from January 1, 20230 and shall remain in effect
until December 31, 20252, and from year to year thereafter, unless either party shall
notify the other in writing by May 1, 20252 that it desires to modify or terminate their
Agreement.
14.9. Article 26 – Safety
A. The City will reimburse an employee a maximum of one hundred seventy five dollars
($175.00)fifty dollars ($150.00) for each year of the contractthe contract years of 2020
and 2021 and one hundred seventy-five ($175) for the contract year 2022 for the pur-
chase of American National Standard Institute (ANSI) approved safety shoes. An
employee may be reimbursed for the cost of the shoes, providing an original receipt
is submitted for reimbursement, but shall not exceed the maximum allowable amount
of five hundred twenty five dollars ($525.00)four hundred seventy-five dollars
($475.00) for the term of this Agreement. In the event of a multi-year contract and an
employee leaves employment prior to the end of the contract term and has collected
more than the annual prorated amount of this benefit, such excess amount paid shall
be withheld from any final pay or shall be repaid to the City by the employee.
15.10. Article 28 – Compensation
A new hourly wage grid will be implemented in the first full pay period of January 2020
with one established rate of pay for all bargaining unit job classifications. The following
parameters will apply to the implementation of the grid and ongoing step progression:
A. Existing employees will be placed in the grid at a next highest wage rate that
correlates to the rate the employee would have been entitled to had the previous 2019
wage schedule (plus a general wage increase of two and one-half percent (2.5%)
remained in place. No further step adjustments will occur in 2020 or 2021.
6
Attachment A
B.A. Beginning in 2022, and thereafter, eEmployees will move to their next eligible
step in the pay period that most closely aligns with their anniversary or promotional date
in their job classification providing the employee received a successful performance
evaluation rating for that annual performance cycle.
C.B. Newly hired employees will generally be placed on Step A of the wage grid.
With the approval of the Department Head and the Director of Human Resources, newly
hired or promoted employees may be advanced steps within the grid due to
consideration for previous work history or to accommodate an increase in wages for
internal promotions.
D.C. All general wage grid adjustments will be effective the first full pay period of
January for all contract years.
E.D. Employees receiving a promotion to a position in a higher classification within the
same wage grid shall be placed in the proper step of the new position which allows
for a minimum of three percent (3%) or a maximum of five percent (5%) increase,
whichever will allow for the employee to be at an established pay step within the grid.
The promoted employee will be placed on a six (6)-month probationary period.
F.E. Full-time employees regularly assigned to the positions of golf course superinten-
dents, mechanics, and buildingutility maintenance workers, and facility electrical sys-
tem technician, who provide their own tools/equipment, shall be reimbursed six hun-
dred dollars ($600.00) in 2023, seven hundred dollars ($700.00) in 2024, and eight
hundred dollars ($800.00) in 2025five hundred dollars ($500.00) per contract year to
be used for the replacement, purchase and maintenance of job-related tools used in
their work-related assignment. Following submission of the receipt(s) for the purchase
of new tools, the employee will be reimbursed. In the event an employee leaves em-
ployment prior to the end of the contract term and has collected more than the prorated
amount of this benefit, such excess amount paid shall be withheld from any final pay
or shall be repaid to the City by the employee.
G.F. Employees shall be paid for all hours worked beyond two thousand eighty (2,080).
G. The City will make a one (1) time payment of sixty dollars ($60.00) to any Local 49
employee working in Parks and Recreation or the whose position requires a Commer-
cial Driver’s License (CDL) as determined jointly by Parks and Recreation and man-
agement and a Union representative. The purpose of this reimbursement is to help
offset the annual renewal expense of maintaining a CDL license. A receipt must be
submitted to the Human Resources Department as evidence of payment for the re-
newal fee prior to the employee receiving the reimbursement.
H. All employees shall remain at their rate of pay in effect on the Agreement expiration
date until a successor Agreement is executed. Pay step advancement will be retro-
active to an employee’s anniversary date upon ratification of the agreement by both
parties.
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Attachment A
16.11. Article 29 – Limited Appointment
For the purpose of this Agreement, employees hired on a limited appointment working
up to one thousand (1,000) hours of any year shall be excluded from benefit provisions
of this Agreement. Said employees shall not be eligible for insurance, vacation, sick
leave, holidays and other benefit provisions contained in this Agreement. Beginning
day sixty-eight (68) of each calendar year, said employees shall receive a rate of pay
established by management that may not exceed eighty ninety five percent (8095%)
of the rate of pay established for Grade 1, Step A.
This Article applies only to seasonal work addressed in the Decision and Award in
BMS Case #13-PA-0152 dated August 26, 2013.
17.12. ADDENDUM A – Parks & Recreation
Custodian/Operator Grade 2
Landscape Technician Grade 3
Utility Maintenance Worker Grade 3
Arborist Grade 3
Crew Chief Grade 4
Building Maintenance Worker Grade 4
Golf Course Superintendent Grade 4
Mechanic Grade 4
Facility Electrical System Technician Grade 5
8
Attachment A
18.13. MOU – Part-time Employees
See below.
19.14. MOU – Scheduled Weekend Work - NEW
See below.
20.15. MOU – Weekend Specialty Assignments - NEW
See below.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ROCHESTER AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
PART-TIME EMPLOYEES
This Memorandum of Understanding is entered into between the City of Rochester (here-
after “City”), and the International Union of Operating Engineers (IUOE Union), Local 49,
Parks and Recreation Department.
WHEREAS, the Employer and the Union are parties to a Collective Bargaining Agreement
(hereafter “CBA”) in effect from January 1, 20230 through December 31, 20252.
WHEREAS, representatives of both parties have discussed and agreed to add part-time
custodians and landscape technicians to the Parks and Recreation Department beginning
in 2015. Terms and conditions of the 20230-20252 IUOE Collective Bargaining Agree-
ment will apply to these part-time positions. Benefits and the associated provisions (such
as the vacation accrual cap and compensatory banked time) will be prorated based on
the annualized scheduled work hours of the part-time employee.
Participating employees will receive the appropriate hourly rate of pay identified in the
labor agreement (Addendum A).
This Memorandum of Understanding represents the complete and total agreement be-
tween the Employer and the Union and will continue in effect for the duration of this con-
tract and thereafter unless negotiated otherwise.
9
Attachment A
City of Rochester IUOE, Local 49
Kim Norton, Mayor Jason George, Business Manager
Kelly Giestler, City Clerk Bryce Bushman, Business Representa-
tive
Alison Zelms, City Administrator Justin Madsen, Union Steward
Aaron Parrish, Deputy City Administrator/ JJ Carlson, Union Steward
Human Resource Director
Date Frank White, Union Steward
Date
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ROCHESTER AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
SCHEDULED WEEKEND WORK
This Memorandum of Understanding is entered into between the City of Rochester (here-
after “City”), and the International Union of Operating Engineers (IUOE Union), Local 49,
Parks and Recreation Department.
WHEREAS, the Employer and the Union are parties to a Collective Bargaining Agreement
(hereafter “CBA”) in effect from January 1, 2023 through December 31, 2025.
WHEREAS, Union employees are normally scheduled to work five eight-hour days.
WHEREAS, the City of Rochester Parks and facilities are open seven days per week and
require daily maintenance and care.
WHEREAS, the Employer and the Union have discussed in negotiations and desire to
mutually create a process for scheduling employees to work on weekends (Saturday and
Sunday), in addition to their normal schedule.
NOW, THEREFORE, the City and Union agree as follows:
1. Management has developed a schedule for 2023, where two Employees shall be
scheduled to work weekends (Saturday and Sunday), in addition to their normal
schedule. The schedule for subsequent years and number of Employees needed,
will be reviewed in Labor Management Committee meetings.
10
Attachment A
2. Employees shall sign up for scheduled weekend work based on their seniority,
where employees with the most seniority select their preference for weekend work
first.
3. Employees signing up for weekend work must possess the required skills, training
and/or demonstrated proficiency, as determined by management, to perform the
weekend work.
4. Employees working weekends shall not receive any type of shift differential for
working on a Saturday and Sunday, but shall receive overtime pay or compensa-
tory time accrual, as provided for in the CBA, for all hours worked in excess of 8
hours per day, or 40 hours per work/payroll week.
5. Compensatory time accrual and usage will be reviewed and discussed in the La-
bor-Management Committee meetings between the City and the Union to deter-
mine if productivity is impacted.
This Memorandum of Understanding represents the complete and total agreement be-
tween the Employer and the Union and will continue in effect for the duration of this con-
tract.
City of Rochester IUOE, Local 49
Kim Norton, Mayor Jason George, Business Manager
Kelly Giestler, City Clerk Bryce Bushman, Business Representa-
tive
Alison Zelms, City Administrator Justin Madsen, Union Steward
Aaron Parrish, Deputy City Administrator/ JJ Carlson, Union Steward
Human Resource Director
Date Frank White, Union Steward
Date
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ROCHESTER AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
WEEKEND SPECIALTY ASSIGNMENTS
(Tree Planting, Tournament Support, Event Support)
11
Attachment A
This Memorandum of Understanding is entered into between the City of Rochester (here-
after “City”), and the International Union of Operating Engineers (IUOE Union), Local 49,
Parks and Recreation Department.
WHEREAS, the Employer and the Union are parties to a Collective Bargaining Agreement
(hereafter “CBA”) in effect from January 1, 2023 through December 31, 2025.
WHEREAS, Union employees are normally scheduled to work five eight-hour days.
WHEREAS, the City of Rochester Parks and facilities are open seven days per week and
require daily maintenance and care.
WHEREAS, the nature of certain weekend events require employees with special skill
and training to perform specific duties related to the events, which includes, but not limited
to, leading tree planting, tournament support, and/or event support.
WHEREAS, the Employer and the Union have discussed in negotiations and desire to
mutually create a process for scheduling employees, with the appropriate skill and train-
ing, to work specialty assignments on weekends (Saturday and Sunday), in addition to
their normal schedule.
NOW, THEREFORE, the City and Union agree as follows:
1. Employees with appropriate skill and training to perform specialty assignments in-
cluding, but not limited to, leading tree planting, specialized tournament support*,
and/or event support, can voluntarily sign up to work weekends (Saturday and
Sunday), in addition to their normal schedule.
*Specialty tournament support includes: grooming and grading of playing surfaces;
wetting/drying infield surfaces; initial field layout and chalk lining; mound rubber
and home-base setting; and tournament coordination.
2. Management will select the number of employees needed, from the voluntary sign
up list, based on the requirements of the weekend event(s).
3 Employees with the special skill and training for weekend specialty assignments
who sign up for weekend work, shall be selected based on their seniority, where
employees with the most seniority in the specialty area needed for the weekend
work, are selected first. The exception is the crew chief or their designated re-
placement, who shall always be first on the sign up list.
1. Once employees with the special skill and training for weekend specialty assign-
ments, have worked a weekend event, the next employees on the list will have an
opportunity to work subsequent events based on the specialty area needed for the
weekend work. The list for specialty assignments will reset once every employee
12
Attachment A
on the list has been given an opportunity to work a weekend event, whether they
agree to work or not.
2. If additional employees are needed to provide assistance to the employees per-
forming weekend specialty assignments, they shall be given the opportunity to
work the weekend, based on their seniority, provided they possess the required
skill or trainging necessary for the weekend event. For the purpose of this MOU,
assistance includes, but is not limited to: general maintenance; garbage collection;
bathroom cleaning; tree planting; and routine ball field duties such as mowing, rak-
ing, rechalking sports field lines, and/or other general duties associated with tour-
naments or events.
3. Employees working weekend specialty assignments or providing assistance to the
employees performing weekend specialty assignments, shall not receive any type
of shift differential for working on a Saturday and Sunday, but shall receive over-
time pay or compensatory time accrual, as provided for in the CBA, for all hours
worked in excess of 8 hours per day, or 40 hours per work/payroll week.
4. Compensatory time accrual and usage will be reviewed and discussed in the La-
bor-Management Committee meetings between the City and the Union to deter-
mine if productivity is impacted.
This Memorandum of Understanding represents the complete and total agreement be-
tween the Employer and the Union and will continue in effect for the duration of this con-
tract.
City of Rochester IUOE, Local 49
Kim Norton, Mayor Jason George, Business Manager
Kelly Giestler, City Clerk Bryce Bushman, Business Representa-
tive
Alison Zelms, City Administrator Justin Madsen, Union Steward
Aaron Parrish, Deputy City Administrator/ JJ Carlson, Union Steward
Human Resource Director
Date Frank White, Union Steward
Date
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