HomeMy WebLinkAboutResolution No. 111-23 - Resolution - CBA International Union of Operating Engineers, Local 70 – Water Reclamation Plant (Union)
RESOLUTION
Approving the Collective Bargaining Agreement with the International Union of
Operating Engineers, Local 70 – Water Reclamation Plant (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
between the parties.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Rochester approves and ratifies the attached changes to the 2023-2025 CBA with the
International Union of Operating Engineers, Local 70, Water Reclamation Plant (WRP).
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 47:
Water Reclamation Plant (WRP)
Summary of Collective Bargaining Agreement Changes
1. Contract Clean-up
Eliminate he/she pronouns and other grammatical errors. Replace all references
to Plant Manager with Deputy Public Works Director of Environmental Services
(DPWDES) and their designee.
2. Article 2 - Recognition
The City recognizes the Union as the exclusive representative for all employees
holding a position listed in the Bargaining Unit position table in Addendum Aexcept
supervisory, confidential and clerical employees, who are employed in the Water
Reclamation Division of the Public Works Department, and meet the definition of
“public employee” pursuant to Minnesota Statutes §179A.03, Subd. 14, for the
purpose of establishing rates of pay, hours of work, and other conditions of
employment.
3. Article 4 – Grievance Procedure – Step 3
Step Three
If the grievance is not settled in Step Two, the parties shall have 10 business days to
petition the Commissioner of the Bureau of Mediation Services to provide a mediator
to assist in the settlement. Upon mutual agreement, the City and the Union may
agree to waive this Step Three.
4. Article 5 - Seniority, Section C
C. Seniority in the Water Reclamation Plant shall be considered in the event of layoff.
The last employee hired shall be the first to be laid off, and the last employee laid off
shall be the first to be rehired. In the event of layoff, employees promoted from jobs shall
have the right to resume lesser jobs in which they held non-probationary status providing
they have more bargaining unit seniority than the workers they displace. Qualifications
will be determined solely by the Water Reclamation Plant ManagerDeputy Public Works
Director of Environmental Services (DPWDES) or their designee.
Seniority in the Water Reclamation Plant shall be considered when filling vacancies in
higher paying jobs within the bargaining unit. These vacancies shall be filled by lower
paid employees in accordance with their bargaining unit seniority, provided the employee
seeking the higher paying job is qualified to perform the duties of the job. Qualifications
will be determined solely by the Water Reclamation Plant ManagerDPWDES or their
designee.
5. Article 7 – Hours of Work, Sections C & D
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Attachment A
C. Shift employees (Plant Operators 1 and 2) shall work eight- (8) and/or twelve- (12)
hour shifts; however, their normal bi-weekly schedule will not exceed eighty (80)
hours.
When non-shift employees work more than eight (8) hours per day and forty (40) hours
per week, the employees shall have the option to be paid or to take compensatory
time at the time and one-half (1 ½) rate of regular pay. Employees who request a
flexible work schedule will be eligible for overtime only when they exceed the workday
hours identified in the new schedule. (“Hours worked” will include paid time for sick
leave, vacation, compensatory time, and holidays.) A maximum of one hundred
twenty (120) hours of compensatory time may be accrued at any point in time during
a calendar year. for employees who are in the Plant Operator 1 role. For all other
employees, the maximum accrual compensatory cap will be as follows:
Contract Year Maximum Cap at Any Point in Time
January 1, 2020 through June 30, 2020 120 Hours
July 1, 2020 through December 31, 2021 100 Hours
2022 80 Hours
Shift employees (all employees working as an Operator 1 and any Operator 2 working
in an Operator 1 relief capacity) shall work eight (8) and/or twelve (12) hour shifts;
however, their normal bi-weekly schedule will not exceed eighty (80) hours. Shift
employees who work in excess of their regularly scheduled workday shall be paid at time
and one-half (1½) rate of regular pay. (“Hours worked” will include paid time for sick
leave, vacation, compensatory time, and holidays.) Employees working overtime hours
beyond the regularly scheduled shift (forty \[40\] hours per week) will be eligible to receive
overtime wages or bank the hours as compensatory time. Shift employees shall not be
allowed to carry more than one hundred twenty (120) compensatory hours beyond the
last pay date in the calendar year.
D. When non-shift employees work more than eight (8) hours per day and forty (40) hours
per week, the employees shall have the option to be paid or to take compensatory
time at the time and one-half (1 ½) rate of regular pay. Employees who request a
flexible work schedule will be eligible for overtime only when they exceed the workday
hours identified in the new schedule. (“Hours worked” will include paid time for sick
leave, vacation, compensatory time, and holidays.) A cap of one hundred twenty (120)
hours of compensatory time will be applied after the last pay date in December of each
calendar year.
ED. Shift employees (Plant Operators 1 and 2) who work in excess of their regularly
scheduled workday shall be paid at time and one-half (1 ½) rate of regular pay. (“Hours
worked” will include paid time for sick leave, vacation, compensatory time and holidays.)
Employees working overtime hours beyond the regular scheduled shift (forty \[40\] hours
per week) will be eligible to receive overtime wages or bank the hours as compensatory
time. An employee shall not be allowed to carry more than one hundred twenty (120)
compensatory hours beyond the last pay date in the calendar year.
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Attachment A
FE. Relief Operators (Operator 2), when required to cover the operator position(s), shall
complete the scheduled twelve- (12) or eight- (8) hour shift.
GF. A minimum of three (3) hours shall be paid at time and one-half (1 ½) to employees
who are called back to work after the end of their shift. This three- (3) hour minimum
does not apply to any shift extension. It shall apply to an early report to work of more
than one (1) hour prior to the designated start time.
G.There may be times when an employee is assigned by the Plant Manager, or his or
her designee, to perform some additional responsibilities in the absence of a Water
Reclamation Plant supervisor. In those circumstances, and where the back-up
responsibilities exceed four (4) hours in a day, the employee shall receive additional
compensation in the amount of one dollar and forty cents ($1.40) per hour for the
time spent performing those additional duties. The authorization for additional
compensation must occur prior to the bargaining unit employee performing the
additional responsibilities.
H. Shift Operators 1 may substitute for other operators as permitted by Section 7(p)(3) of
the Fair Labor Standards Act, 29 U.S.C. §207. The substitute rule shall be solely at the
option of individual employees. An Operator 1 wishing to participate in the substitute
rule must provide the employer with a signed statement acknowledging their voluntary
desire to participate in the proposed new work schedule.
The Union acknowledges that it waives any and all claims to premium pay (overtime)
under the contract for hours worked over forty (40) as a result of this substitute schedule,
providing an employee has signed the above mentioned statement.
I. Employees covered by this Agreement shall receive a fifteen- (15) minute rest period
during each four- (4) hour shift. The rest period shall be granted near the middle of each
four- (4) hour shift whenever this is feasible. For each additional four (4) hours of work
beyond the normal eight- (8) hour shift, an employee shall receive his/her rest period as
described above. Rest periods will not be taken if the workload or an emergency
prevents the rest period as determined by a supervisor.
6. Article 8, Holidays, Section A, E, F and H
A. All employees covered by this Agreement shall receive the following paid holidays
subject to the limitations below:
New Year's Day Martin Luther King's Birthday
President's Day Memorial Day
Juneteenth Independence Day
Labor Day Veteran's Day
Thanksgiving Day Day after Thanksgiving Day
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Attachment A
(1/2) day Christmas Eve Christmas Day
(1/2) day New Year's Eve
Shift employees will observe the above holidays on the actual calendar date. Non-
shift employees will follow the City’s holiday calendar utilized for employees working
a Monday through Friday work schedule.
B. Work performed on the above holidays by eligible employees shall be paid for at one
and one-half (1 ½) times the normal hourly rate in addition to the regular pay.
C. Employees who are regularly scheduled to work on the holidays in "A" above shall be
compensated at two and one-half (2 ½) times their regular hourly rate for all hours
worked. Eight (8) hours of bank hours will be given in-lieu-of-pay and the remainder will
be paid. (For example: A shift employee working twelve \[12\] hours on Memorial Day
will receive a total of thirty \[30\] hours of compensation. They will receive eight \[8\] hours
of bank time, twelve \[12\] hours pay which would be included as their regular pay and an
additional ten \[10\] hours would be paid.)
D. Any employee who is on vacation that extends through a holiday period shall not be
charged for a day or days of vacation for the holiday.
E. Whenever any of the listed holidays falls on a Saturday, except December 24th or
December 3lst, the preceding Friday shall be a holiday.
G. Whenever any of the listed holidays falls on Sunday, except December 24th and
December 3lst, the following Monday shall be a holiday.
I.E. To be paid for these holidays, it shall be necessary for the employee to work, or be on
approved vacation or sick leave, the day before and after the holiday.
J. If a holiday falls on Saturday/Sunday except December 24th or December 31st, shift
employees (Plant Operators 1, 2 and 3) who work shall be compensated at two and one-
half (2 ½) times their regular hourly rate for all hours worked. Eight (8) hours of bank-
hours will be given in-lieu-of-pay and the remainder will be paid. See example in 8, C.
K.F. Those shift employees not scheduled to work and who do not work on a holiday
shall receive eight (8) additional hours of pay at their regular hourly rate or they may
bank eight (8) hours in-lieu-of-payment.
7. Article 12 – Retiree Insurance
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 immediately prior to retirement pursuant to state and federal law, the City’s
Organizational policies, as well as benefit plan documents.
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Attachment A
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 insurance group coverage that the employee participated in immediately prior
to retirement. The retiree may receive dependent coverage only if she/he received
dependent coverage immediately prior to retirement. A retiree who continues
dependent coverage may later drop dependent coverage while retaining individual
coverage, but the retiree may not drop individual coverage and retain dependent
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coverage. City-sponsored life insurance may be continued until the retiree’s 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.
If a retired employee dies, the surviving spouse may continue to participate in the
City-sponsored health and/or dental insurance group coverage 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 notification 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 ($10,000.00) and a maximum of the amount of coverage
available to the employee on the date of retirement from the City of Rochester.
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Beginning on the retiree’s sixty fifth (65) birthday, the amount of life insurance
coverage is limited by the underwriter to ten thousand dollars ($10,000.00). The life
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insurance benefit will terminate on the employee’s seventy-fifth (75) birthday.
Any life-time maximum benefit designated in the health coverage plan document
continues to be applied after retirement.
8. Article 13 – Insurance, Sections A, D & J
A. The City will provide term life insurance in an amount equal to two (2) times the
employee's annual base salary, rounded to the next highest thousand as outlined
in the master policy on file in the City Clerk’s Officewith a maximum of fifty
thousand dollars ($50,000.00).
D. The City will provide group medical insurance to eligible employees and pay a
portion of the total premium as follows:
Medical Plan City’s Monthly Premium Contribution*
Basic Medical Plan Effective Effective Effective
Tier 20202023 20212024 20222025
Employee Only 90.7588.00% 89.7587.50% 88.5087.00%
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Attachment A
Employee + Spouse 87.2584.50% 86.2584.00% 85.0083.50%
Employee + 87.2584.50% 86.2584.00% 85.0083.50%
Child(ren)
Family 87.2584.50% 86.2584.00% 85.0083.50%
High Deductible Plan Effective Effective Effective
20202023 20212024 20222025
Employee Only 90.7588.00% 89.7587.50% 88.5087.00%
Employee + Spouse 87.2584.50% 86.2584.00% 85.0083.50%
Employee + 87.2584.50% 86.2584.00% 85.0083.50%
Child(ren)
Family 87.2584.50% 86.2584.00% 85.0083.50%
*Monthly contributions are made over 24 pay periods per calendar year.
J. Employees terminating their City employment may continue group health and
dental coverage the employee had immediately prior to termination, pursuant to state
and federal law, the City’s organizational policies, as well as benefit plan documents.
up to a maximum of eighteen (18) months or as stated in existing or new State and/or
Federal law. In compliance with the Minnesota Continuation Law, a surviving spouse
may continue group medical coverage indefinitely or until covered by another plan.
The employee or spouse will pay the total cost of any insurance continued.
9. 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
increased by two percent (2%), three percent (3%), and four percent (4%)
respectively.
Effective the first full pay periods of January 2021 and 2022, the hourly wage
schedules shall be increased by two and one-half percent (2.5%) and two and three
quarters percent (2.75%) respectively
10. Article 21 – Jury Duty/Victim Witness Leave
Employees will be eligible for leave as stated in the City’s Organizational Policy,
Jury Duty/Victim Witness Leave. When an employee has been absent from work
because of jury service, he/she shall be paid his/her regular salary by the City, with
the understanding that upon the completion of his/her jury service, he/she shall
exhibit his/her jury check to the head of the department and that amount of such
check, less the amount included for traveling expenses, shall be deducted from
his/her next regular pay check.
11. Article 23 – Term of Agreement
This Agreement shall be in effect from January 1, 20202023, and shall remain in
effect until December 31, 20222025, and from year to year thereafter, unless either
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Attachment A
party shall notify the other in writing by May 1 of 2022 2025 that it desires to modify
or terminate the Agreement.
12. Article 25 – Safety Equipment
The City will reimburse an employee for the purchase of ANSI approved safety
shoes and other personal safety equipment, including any employee-designated
upgrade of the City approved safety frames for safety glasses, up to a maximum
amount of four five hundred seventy-fivetwenty-five ($475525) during the three-
(3) year term of this Agreement when the original receipt for the shoes is submitted
for reimbursement1 reimbursement* If an employee can demonstrate their safety
shoes have been compromised, management may pre-approve the purchase of
one (1) additional pair of safety shoes during the three- (3) year term of this
Agreement. In the event an employee leaves employment prior to the end of the
contract term and has collected more than the monthly prorated amount of this
benefit, the excess amount paid will be withheld from any final pay or be repaid to
the City by the employee.
If prescription safety glasses are required, the City will reimburse the employee for
the cost of lens and City-approved frames. The examinations are specifically
excluded.
1*It is the responsibility of the employee and their supervisor to budget these
dollars to ensure adequate funding throughout the duration of the contract for
safety-related items. The safety shoe reimbursement amount allocated per year is
one hundred fifty dollars ($150.00) for 2020 and 2021 and one hundred seventy-
five dollars ($175.00) for 2022.
13. Article 27 – Shift Differential
Those employees who hold the positions of Plant Operators 1 and 2 shall receive
an additional one dollar and fifty cents ($1.50) per hour three dollars ($3.00) per
hour added to their rate of pay for working the hours between 6:00 p.m. and 6:00
a.m. This differential will be paid as earned during the normal scheduled work
week.
14. Addendum “A” – Wages
Effective the First Full Pay Period in January of Each Calendar Year
Wage Grid Effective First Full Pay Period in January 2023 - 2.00%
Work
Grade Pts A / Start B / 1 yr C / 2 yr D / 3 yr E / 4 yr F / 5 yr G / 6 yr
1 280-350 $ 22.52 $ 23.28 $ 24.04 $ 25.23 $ 26.52 $ 27.86 $ 29.23
2 351-400 $ 24.54 $ 25.36 $ 26.14 $ 27.45 $ 28.76 $ 30.20 $ 31.77
401-
3 475474 $ 26.57 $ 27.45 $ 28.32 $ 29.73 $ 31.23 $ 32.79 $ 34.48
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Attachment A
476475-
4 534550 $ 28.53 $ 29.56 $ 30.55 $ 31.85 $ 33.21 $ 34.66 $ 36.47
535551-
5 600625 $ 30.98 $ 32.34 $ 33.70 $ 35.09 $ 36.56 $ 38.11 $ 39.67
601626-
6 650 $ 33.69 $ 34.86 $ 36.10 $ 37.43 $ 38.93 $ 40.48 $ 42.13
7 651+ $ 35.38 $ 36.94 $ 38.51 $ 40.06 $ 41.62 $ 43.20 $ 44.77
Wage Grid Effective First Full Pay Period in January 2024 - 3.00%
Work
Grade Pts A / Start B / 1 yr C / 2 yr D / 3 yr E / 4 yr F / 5 yr G / 6 yr
1 280-350 $ 23.20 $ 23.98 $ 24.76 $ 25.99 $ 27.32 $ 28.70 $ 30.11
2 351-400 $ 25.28 $ 26.12 $ 26.92 $ 28.27 $ 29.62 $ 31.11 $ 32.72
401-
3 475474 $ 27.37 $ 28.27 $ 29.17 $ 30.62 $ 32.17 $ 33.77 $ 35.51
476475-
4 534550 $ 29.39 $ 30.45 $ 31.47 $ 32.81 $ 34.21 $ 35.70 $ 37.56
535551-
5 600625 $ 31.91 $ 33.31 $ 34.71 $ 36.14 $ 37.66 $ 39.25 $ 40.86
601626-
6 650 $ 34.70 $ 35.91 $ 37.18 $ 38.55 $ 40.10 $ 41.69 $ 43.39
7 651+ $ 36.44 $ 38.05 $ 39.67 $ 41.26 $ 42.87 $ 44.50 $ 46.11
Wage Grid Effective First Full Pay Period in January 2025 - 4.00%
Work
Grade Pts A / Start B / 1 yr C / 2 yr D / 3 yr E / 4 yr F / 5 yr G / 6 yr
$24.13 $24.94 $25.75 $27.03 $28.41 $29.85 $31.31
1 280-350
$26.29 $27.16 $28.00 $29.40 $30.80 $32.35 $34.03
2 351-400
401- $28.46 $29.40 $30.34 $31.84 $33.46 $35.12 $36.93
3 475474
476475- $30.57 $31.67 $32.73 $34.12 $35.58 $37.13 $39.06
4 534550
535551- $33.19 $34.64 $36.10 $37.59 $39.17 $40.82 $42.49
5 600625
601626- $36.09 $37.35 $38.67 $40.09 $41.70 $43.36 $45.13
6 650
$37.90 $39.57 $41.26 $42.91 $44.58 $46.28 $47.95
7 651+
Additional Information
Bargaining Unit Position Grade
Custodian 1
Operator 3 2
Assistant Mechanic 3
Operator 2 34
Environmental Specialist 4
Crew Chief 5
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Attachment A
Laboratory Technician 5
Industrial & Commercial Waste 5
Compliance Specialist
Electronics/Electrical Technician 5
Master Mechanic 5
Operator 1 6
Lab Coordinator 6
Master Electrician 7
Chief Mechanic 7
A new hourly wage grid will be implemented in the first full pay period of January 2020 with
the established rates of pay listed for 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 wage grid in the grade that correlates to the
work points of their current job classification and on the step that aligns with, or is the
next step above, the wage rate the employee would have been entitled to had the
previous 2019 wage schedule remained in place. No further step adjustments will occur
in 2020.
B. Two existing employees in the environmental specialist position who have wages that fall
outside of the new grid pay ranges, will be grandfathered in that their 2019 rate of pay
plus the general wage increase of two and one-half percent (2.5%) in both 2020 and
2021 and two and three quarters percent (2.75%) in 2022.
A. Beginning in 2021, and thereafter, eEmployees may 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.
C.B. All employees shall remain at their rate of pay in effect on the Agreement
expiration date until a successor Agreement is executed.
DC. Performance evaluations that have not been completed two (2) months after the
employee’s anniversary and/or promotional date shall be subject to the grievance
process; however, step adjustments shall not be subject to the grievance process.
ED. 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
employees may be advanced steps within the grid due to consideration for previous work
history.
FE. All general wage grid adjustments will be effective the first full pay period of
January for all contract years.
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Attachment A
GF. Promotion shall be defined as moving from one position to another new or existing
budgeted position assigned a higher grade level. A promoted employee shall be eligible
to receive an increase in pay as outlined in the City’s Organizational Policy, “Job
Changes” (Promotions Section), and which places them on step in the new grade level.
The promotion will become effective at the beginning of a pay period. Future step
adjustments for promoted employees will be tied to the new promotional date, not the
anniversary date.
HG. When an employee is demoted from a higher job classification to a lower job
classification, they shall receive the rate of pay that correlates to the same step in the
lower grade level. WRP management reserves the right to exercise discretion to modify
pay adjustments for demoted employees in unique circumstances.
IH. Employees who are temporarily appointed or reassigned by the WRP
management to a position in a higher grade, shall receive a three percent (3%) increase
in pay and placed on the next corresponding step in the correlating higher-level grade if
the three percent (3%) adjustment does not equate to an existing step. An exception will
be granted for a Plant Operator 2 who is temporarily assigned to a Plant Operator 1. Their
pay shall be adjusted by moving to the corresponding step in the higher-grade level and
then back two stepsone step.
For example: Plant Operator 2, Step G, 2020 2023 wage grid, with a pay rate of
$32.1036.47 is reassigned to a Plant Operator 1. The new pay rate is determined by
moving to Grade 6, Step G, and then back two one steps to Step EF. The temporary
assignment pay equals $36.2440.48.
This temporary wage increase shall not apply to employees assigned additional
responsibilities for training and/or developmental purposes.
JI. Employees will be paid their regular hourly rate for all hours worked over two
thousand eighty (2,080), when the yearly work schedule has more than two thousand
eighty (2,080) normal work hours.
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