D-6. Approve Labor Agreement with Local 49 IUOPMEMORANDUM
CITY OF CHANHASSEN
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
TO: Todd Gerhardt, City Manager
FROM: Chelsea Petersen, Assistant City Manager \
O
DATE: July 24, 2017
SUBJ: Approve Labor Agreement with Local 49 International Union of Operating Engineers
PROPOSED MOTION
-D-(,:::)
"The Chanhassen City Council approves the labor agreement between the City of Chanhassen and Local 49
International Union of Operating Engineers."
Approval requires a simple majority vote.
BACKGROUND
The City of Chanhassen and Local 49 International Union of Operating Engineers (IUOE), have concluded
negotiations for a successful labor agreement for 2017. Changes to employment based on the labor agreement
include:
- Contract duration — one year agreement, January 1, 2017 through December 31, 2017;
- A formal grievance procedure, culminating in binding arbitration;
- An additional $25 in clothing allowance for each employee each year.
The labor agreement maintains all other terms and conditions of employment including:
- Wages: continuation of current pay for performance compensation plan, including a 2% overall salary
range adjustment in accordance with other city staff,
- Insurance: continuation of current plans and contributions in accordance with other city staff.
The proposed labor agreement between the City of Chanhassen and Local 49 IUOE is consistent with direction
from City Council for labor negotiations. Local 49 IUOE membership has approved the 2017 Labor Agreement.
Increased contract costs are included in the approved 2017 budget. Therefore, staff recommends adoption of the
attached resolution approving the 2017 labor agreement between the City of Chanhassen and Local 49
International Union of Operating Engineers.
ATTACHMENTS
1. Resolution.
2. Labor Agreement.
G:\Admin\CP\City Council\Local 49 LA.docx
PH 952.227.1100 • WWWA.Chanhassen.nnn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 24, 2017 RESOLUTION NO: 2017 -
MOTION BY: SECONDED BY:
RESOLUTION APPROVING THE 2017 LABOR AGREEMENT
BETWEEN THE CITY OF CHANHASSEN AND LOCAL 49
INTERNATIONAL UNION OF OPERATING ENGINEERS
WHEREAS, the 2017 Labor Agreement between the City of Chanhassen and Local
49 International Union of Operating Engineers, is hereby approved by the City Council of
Chanhassen, effective January 1, 2017 through December 31, 2017.
NOW THEREFORE, BE IT RESOLVED that the Chanhassen City Council
authorizes the Mayor and City Manager to sign the agreement.
Passed and adopted by the City Council of the City of Chanhassen this 24th day of July,
2017.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
PROPOSED LABOR AGREEMENT BETWEEN
THE CITY OF CHANHASSEN
And
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL NO. 49
AFL-CIO
January 1, 2017 through December 31, 2017
ARTICLE 1. PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Chanhassen hereinafter called the EMPLOYER,
and Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain hours, wages and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S
interpretation and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of employment for the
duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT,
continue their dedication to the highest quality of public service. Both parties recognize this
AGREEMENT as a pledge of this dedication.
ARTICLE 2 - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the
job classifications listed below who are public employees within the meaning of Minn. Stat.
§179A.03, Subdivision 14 excluding supervisory, confidential and all other employees:
Leads
Technicians, Mechanics and Heavy Equipment Operators
Operators
2.2 Limited Term Appointments: Up to five (5) employees employed by the EMPLOYER on a
limited term basis for no more than 120 work days per calendar year, either in a full-time or part-
time capacity (more than 14 hours per week), will be paid at a rate determined solely by the
EMPLOYER for the term of their employment and shall not be eligible for any wages, benefits,
or other provisions of this Labor Agreement.
ARTICLE 3 — DEFINITIONS
3.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO.
3.2 EMPLOYER: The City of Chanhassen.
3.3 UNION MEMBERS: Members of the International Union of Operating Engineers, Local No.
49, AFL-CIO.
3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.5 BASE PAY RATE: The employee's hourly rate exclusive of any special allowances.
3.6 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the
express authorization of the Employer at a time other than a scheduled shift. An extension of or
an early report to a scheduled shift is not a call back.
3.7 IMMEDIATE FAMILY: Means children, stepchildren, parents, siblings, grandparents, parent's
in-law, children -in-law, grandparents -in-law, or such other persons as the City Manager deems
appropriate.
3.8 DAYS: Unless otherwise indicated, mean the Employer's regular business days.
3.9 PROMOTION: A change of an employee from a position to a position in a higher grade within
the bargaining unit.
3.10 TRANSFER: A change of employee from one (1) position to another position, in the same grade
within the bargaining unit.
3.11 Regular Employee: Any employee hired for a position and has successfully completed the first
six months of the probation period.
3.12 PROBATION PERIOD: Six (6) months of continuous employment, or other time period
required by the City Manager, during which a newly hired or promoted regular employee must
demonstrate fitness for the duties of the assigned position.
3.13 RESIGNATION IN GOOD STANDING: An employee leaving service with the Employer after
giving a two (2) week written notice, providing the employee has not been discharged for
misconduct.
3.14 CITY: The City of Chanhassen.
ARTICLE 5 — UNION SECURITY
In recognition of the Union as the exclusive representative:
5.1 The Employer shall deduct from the wages of Employees who authorize such deductions in
writing an amount necessary to cover monthly Union dues, or "fair share" deduction as provided
by Minnesota Statutes § 179A.06, Subd. 3, if the Employee elects not to become a member of the
Union. Such monies shall be remitted as directed by the Union.
5.2 The Union may designate two (2) employees from the bargaining unit to act as Stewards and
shall inform the Employer in writing of such choice.
5.3 The Employer agrees to make space available on the Employer bulletin board for the posting of
official Union notice(s) and announcements.
5.4 The Union agrees to indemnify and hold harmless the Employer against any claims, suits, order,
or judgments brought or issued against the Employer under the provisions of this article.
5.5 All employees who have completed thirty (30) calendar days of employment shall become
members of the Union and shall maintain their membership in good standing. "In good standing,"
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for the purpose of this Agreement, is defined as the payment of a standard initiation fee and standard
regular monthly and or administrative dues uniformly required as a condition of acquiring or
retaining membership in the Union.
ARTICLE 6 — EMPLOYER AUTHORITY
6.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities
and equipment; to establish functions and programs; to set and amend budgets; to determine the
utilization of technology; to establish and modify the organizational structure; to select, direct
and determine the number of personnel; to establish work schedules, and to perform any inherent
managerial function not specifically limited by this Agreement.
6.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to modify, establish or
eliminate.
ARTICLE 7 — SAVINGS CLAUSE
7.1 This Agreement is subject to the law. In the event that any provision of this Agreement shall be
held to be contrary to the law by a Court of competent jurisdiction or administrative agency from
whose final judgment or decree no appeal is made within the time provided, or is contrary to a
federal or state administrative ruling or is found to be in violation of legislation or administrative
regulations, such provision shall be voided. All other provisions of this Agreement shall continue
in full force and effect. The voided provisions shall be renegotiated upon written request of either
party.
ARTICLE 8 — EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE
8.1 A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terms and conditions of this Agreement.
8.2 Union Representative. The Employer will recognize representatives designated by the Union as
the grievance representatives of the bargaining unit. The Union shall notify the Employer in
writing of the names of such Union representatives and of their successors when so designated.
8.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties and responsibilities
of the employees and shall therefore be accomplished during normal working hours only when
consistent with such employee duties and responsibilities. The aggrieved employee and the
Union representative shall be allowed a reasonable amount of time without loss in pay when a
grievance is investigated and presented to the Employer during normal working hours provided
the employee and the Union representative have notified and received the approval of the
designated supervisor and would not be detrimental to the work programs of the Employer. The
Union representative may be allowed access to the facilities for grievance investigation with
advance notice and approval of the designated supervisor.
8.4 Procedure. Grievances, as defined by Section 8.1, shall be resolved in conformance with the
following procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of this
Agreement shall, within ten (10) calendar days after such alleged violation has occurred, present
such grievance to the Employer -designated Step 1 representative. At this step, the grievance
shall be presented in writing. The Employer -designated Step 1 representative will discuss and
give an answer, in writing, to such Step 1 grievance within ten (10) calendar days after receipt.
A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth
the nature of the grievance, the facts on which it was based, the provision or provisions of the
Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within
ten (10) calendar days after the Employer -designated Step 1 representative's final answer in Step
1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days
shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union in writing and
discussed with the Employer -designated Step 2 representative. The Employer -designated
representative shall give the Union the Employer's Step 2 answer in writing within ten (10)
calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be
appealed to Step 3 within ten (10) calendar days following the Employer -designated
representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the
Union within ten (10) calendar days shall be considered waived.
Sten 3. Any grievance unresolved in Step 2 and appealed in Step 3 within ten (10) calendar days
may be submitted to the Minnesota Bureau of Mediation Services for mediation services. A
grievance not resolved in Step 3 may be appealed in writing to Step 4 by the Union within ten
(10) calendar days. Any grievance not appealed in writing to Step 4 by the Union within ten (10)
calendar days shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration.
The Union and the Employer will endeavor to select a mutually acceptable arbitrator to hear and
decide the grievance. If the Union and the Employer are unable to agree on an arbitrator, they
may request, from the Director of the Bureau of Mediation Services, a list of qualified arbitrators.
The parties will alternately strike names from the list of arbitrators until only one (1) name
remains. The remaining arbitrator will hear and decide the grievance. If the parties are unable
to agree on who will strike the first name the question will be decided by the flip of a coin.
8.5 Arbitrator's Authority. The arbitrator shall have no right to amend, modify, nullify, ignore, add
to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and
decide only the issue(s) submitted by the Employer and the Union in writing and shall have no
authority to make a decision on any other issue not so submitted.
The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or
modifying or varying in any way the application of laws, rules or regulations having the force
and effect of law. The arbitrator's decision shall be submitted to both parties in writing within
thirty (30) days following the close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The decision shall be binding on
both the Employer and the Union and shall be based solely on the arbitrator's interpretation or
application of the express terms of this Agreement and to the facts of the grievance presented.
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The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the
Employer and the Union provided that each party shall be responsible for compensating its own
representatives and witnesses. One (1) Union steward shall receive their regular wages for the
time spent in the actual arbitration proceeding, if during regular work hours. If either party
desires a verbatim record of the proceedings, it may cause such a record to be made, providing it
pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be
shared equally.
Waiver: If a grievance is not presented within the time limits set forth above, it shall be
considered "waived". If a grievance is not appealed to the next step within the specific time limit
or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last
answer. If the Employer does not answer a grievance or an appeal thereof within the specified
time limits, the Union may elect to treat the grievance as denied at that Step and immediately
appeal the grievance to the next Step. The time limit in each Step may be extended by mutual
agreement of the Employer and the Union.
Election of Remedies. If, as a result of the EMPLOYER response in Step 3, the grievance
remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an
employee who has completed the required probationary period, the grievance may be appealed
either to Step 4 arbitration of Article 8 or a procedure such as: Civil Service, Veteran's
Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 8 the
grievance is not subject to the arbitration procedure as provided in Step 4 of Article 8. The
aggrieved employee shall indicate in writing which procedure is to be utilized — Step 4 of Article
8 or another appeal procedure — and shall sign a statement to the effect that the choice of any
other hearing precludes the aggrieved employee from making a subsequent appeal through Step
3 of Article 4.
An employee pursuing a remedy pursuant to a statute under the jurisdiction of the United States
Equal Employment Opportunity Commission is not precluded from also pursuing an appeal
under the grievance procedure of this Agreement. If a court of competent jurisdiction rules
contrary to the ruling in EEOC v. Board of Governors of State Colleges and Universities, 957
F.2d 424 (7`h Cir.), cert denied, 506 U.S. 906, 113 S. Ct. 299 (1992), or if Board of Governors is
judicially or legislatively overruled, this paragraph shall be immediately null and void and shall
be deleted from this Agreement.
ARTICLE 9 — DISCIPLINE
9.1 The Employer will discipline employees for just cause only.
9.2 Written reprimands, notices of suspensions, notices of demotion and notices of discharge which
are to become part of an employee's personnel file will be read and acknowledged by signature
of the employee. Employees and the Union will receive a copy of such reprimands and/or
notices.
9.3 An employee(s) will not be required to participate in an investigatory interview by the
EMPLOYER where the information gained from the interview could lead to the discipline of the
employee(s) unless the employee(s) is given the opportunity to have a union representative
present at the interview to act as a witness for the employee(s).
9.4 Grievances relating to this article shall be initiated by the Union at Step 2 of the grievance
procedure under Article 8 of this Agreement.
ARTICLE 10 — SAFETY
10.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work in a safe manner.
10.2 An Employee in the bargaining unit will be appointed to serve on the City Safety Committee.
ARTICLE 11— WORK SCHEDULES
11.1 The sole authority in work schedules is the Employer. The normal work day shall be eight (8)
hours. The normal work week shall be forty (40) hours, Monday through Friday.
11.2 Service to the public may require the establishment of regular work shifts, normal work days or
regular work weeks for some Employees on a daily, weekly, seasonal, or annual basis other than
the regular work shift, normal work day or regular work week. The Employer will give fourteen
(14) calendar days advance notice to the Employees affected by the establishment ofregular work
shifts, normal work days or regular work weeks different from the Employee's normal Monday
through Friday work day, regular work shift or regular work week.
11.3 In the event that work is required because of unusual circumstances such as (but not limited to)
fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice
need be given. It is not required that an Employee working other than the normal work day be
scheduled to work more than eight (8) hours, however, each Employee has an obligation to work
overtime or callbacks if requested unless emergency circumstances prevent the Employee from
so working.
11.4 Regular Employees working a straight 8 hour shift shall have one (1) thirty (30) minute paid
break approximately midpoint of their working shift, with the exception of off-site training.
ARTICLE 12 — OVERTIME PAY
12.1 Overtime is defined as work performed at the express authorization of the Employer in excess of
the regularly scheduled shift (except for shift changes) or more than forty (40) hours within a
seven (7) day period. Overtime time work will be paid at one and one-half (1-1/2) times the
employee's regular rate of pay.
12.2 Compensatory Time: Employees shall be permitted to accumulate compensatory time in lieu of
overtime compensation up to a maximum of 160 hours. All accumulated compensatory time over
forty (40) hours will be paid to the employee no later than the last pay period in November of
each year.
ARTICLE 13 — ON CALL AND CALL BACK PAY
13.1 On Call. An employee assigned to the Utilities Division who is assigned to be on-call for
Utilities -related emergencies shall receive twenty dollars ($20.00) per day. Additionally, said
employee shall receive a payment equivalent to two (2) hours pay at their regular rate of pay for
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on-call duties on Saturday; a payment equivalent to two (2) hours pay at their regular rate of pay
for on-call duties on Sunday; and a payment equivalent to four (4) hours pay at their regular rate
of pay for on-call duties on an observed holiday, regardless of whether the observed holiday falls
on a weekday or weekend.
13.2 Call Back Pay. An employee called in for work at a time other than the employee's normal
scheduled shift will be compensated for a minimum of two hours pay at the regular rate of pay.
Said two hour minimum shall not apply to employees assigned to the Utilities Division, assigned
to be on-call for Utilities -related emergencies and who are called in to work while on call.
ARTICLE 14 — SENIORITY
14.1 Seniority will be determined by an employee's length of continuous full-time service with the
Employer and shall be posted in an appropriate location.
14.2 Seniority will be the determining criterion for layoffs when all job -relevant qualification factors
are equal.
14.3 Seniority will be the determining criterion for recall when the job relevant qualifications factors
are equal. Recall rights under this provision will continue for twelve (12) months after lay off.
Recalled Employees shall have (10) working days after notification of recall by registered mail
at the Employee's last known address to report to work or forfeit all recall rights.
14.4 Employer shall determine the positions which are to be laid off:
A. In the event of a layoff, the Employer shall lay off the least senior employee(s) in the
effected position and Division.
B. An employee who is to be laid off may exercise their seniority, to displace (bump) the
least senior employee in a lower class in which the employee is qualified.
C. Part-time employees, limited term appointment employees and seasonal/temporary
employees in the effected position and Division shall be laid off before any full-time
employees in the effected position and Division.
ARTICLE 15 - JOB VACANCIES
15.1 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs
based on qualifications, abilities and experience. Job vacancies within the designated bargaining
unit will be posted for five (5) working days so that members of the bargaining unit can be
considered for such vacancies.
ARTICLE 16 — PROBATIONARY PERIOD
16.1 All newly hired or rehired Employees will serve a six (6) month probationary period. The six
(6) month probationary period may be extended by the City Manager for an additional three (3)
months. At any time during the probationary period, a newly hired or rehired employee may be
terminated at the sole discretion of the Employer.
16.2 Employees who are promoted to a higher classification will serve a six (6) month probationary
period.
16.3 At any time during the promotional probationary period a promoted Employee may be returned
to the Employee's previous position at the sole discretion of the Employer.
ARTICLE 17 — COMPENSATION
17.1 Rates of Pay: Employees covered by this Agreement shall be compensated in accordance with
the Salary Ranges marked "Appendix A" attached hereto and made a part of this Agreement.
Employees' wage rates effective January 1, 2017 were determined utilizing the City's pay for
performance Compensation Plan.
ARTICLE 18 — VACATIONS
18.1 Vacation leave may be used only to the extent that it is earned. The amount of vacation leave
available to regular full-time Employees shall be earned according to the following schedule for
employees hired prior to December 31, 2011:
YEARS OF SERVICE
0 - 5 year
6 - 10 year
11-15 year
16 -20 year
21 or more years
ACCRUAL RATE
12 working days per year
17 working days per year
19 Working days per year
22 working days per year
27 working days per year
The amount of vacation leave available to regular full-time Employees shall be earned according
to the following schedule for employees hired after December 31, 2011:
YEARS OF SERVICE
0-5year
6 - 10 year
11-15 year
16 -20 year
21 or more years
ACCRUAL RATE
12 working days per year
15 working days per year
17 Working days per year
19 working days per year
22 working days per year
18.2 Maximum accrual of vacation leave shall not exceed two times the employee's earned vacation
for the year.
18.3 Service recognition awards shall be paid in accordance with City policies.
ARTICLE 19 —SICK LEAVE
19.1 All regular full-time Employees shall earn sick leave at the rate of eight (8) hours sick leave per
month. Sick leave may be used only to the extent that it is earned. Accrual of sick leave time is
capped at 600 hours. Employees that have more than 600 hours of accumulated sick leave time
will have one-half of those hours over 600 hours deposited in the employee's Health Care Savings
Plan in accordance with City policy.
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19.2 Sick leave may be used for an employee's own illness or injury or that of an immediate family
member. Employees claiming sick leave may be required to provide evidence in the form of a
letter from the attending doctor of the adequacy of the reason for an employee's absence during
the time for which sick leave is granted.
19.3 Employees injured during the performance of their duties for the Employer and thereby rendered
unable to work for the Employer may choose to be paid the difference between the employee's
normal net take home pay (i.e., regular wage less mandatory deductions) and Worker's
Compensation insurance payments for a period not to exceed ninety (90) working days, deducted
from the employee's sick leave, vacation, or other accumulated benefits.
ARTICLE 20 — BEREAVEMENT LEAVE
20.1 Funerals: A maximum of three (3) days of sick leave may be taken in the event of death of the
employee's spouse or death in the Employee's immediate family. An additional seven (7) days of
sick leave may be taken upon written approval of the City Manager.
ARTICLE 21— LEAVES OF ABSENCE
21.1 Leaves of absence shall be governed by current City policy and current law.
ARTICLE 22 - INSURANCE
The Employer shall contribute the same amount as that contributed for the City's non-union employees,
toward the group health, dental, health savings account (HSA) and life insurance plan for eligible
employees and their dependents. The Employer will meet and discuss any reduction in the aggregate
value of benefits with the Union prior to implementing the change.
ARTICLE 23 — HOLIDAYS
23.1 Observed Holidays. Holidays include the following:
New Year's Day ........................................
Martin Luther King Day ...............................
President's Day .........................................
Memorial Day ...........................................
Independence Day ....................................
LaborDay ...............................................
Columbus Day ..........................................
Veteran's Day ..........................................
Thanksgiving Day .....................................
Christmas Day .........................................
January 1
Third Monday, January
Third Monday, February
Last Monday, May
July 4
First Monday, September
Fourth Friday in November
November 11
Fourth Thursday, November
December 25
For Employees whose normal work schedule is Monday through Friday, the holiday days
which fall on a Saturday will be observed the preceding Friday. Those which fall on a
Sunday will be observed the following Monday.
23.2 Regular full-time Employees shall be paid at their regular rate of pay for each of the observed
holidays.
ARTICLE 24 — UNIFORMS
24.1 Clothing and safety shoe allowance for a full-time regular Employee shall be $375 per year upon
presentation of a itemized receipt and in accordance with City policy.
24.2 Employees may be issued a City cellular phone in accordance with City policy. Employees who
provide their personal cell phone number to the City in lieu of a City issued cellular phone shall
be reimbursed $30 per month.
ARTICLE 25 — TUITION REIMBURSEMENT
25.1 Employees may be reimbursed for educational expenses when the education is relevant to the
position of employment at the sole discretion of the Employer. To be eligible for reimbursement,
the employee must first have prior approval from the City Manager and present proof of
completion with a passing grade. Classes or programs must be approved in advance.
25.2 For graduate and undergraduate courses and technical school courses or certificates, the courses
must be directly related to the employee's present position; or courses or programs must be
directly related to a reasonable promotional opportunity in the same field of work as present
position. If the employee separates from employment within two (2) years of the date of the last
class, the Employee must reimburse the City on a pro -rata basis for all expenses paid for by the
City within that two year period.
25.3 Employees under this agreement will be reimbursed for expenses incurred during conference
attendance including travel, meals and registration fees.
ARTICLE 27 — WAIVER
27.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding
terms and conditions of employment to the extent inconsistent with the provisions of this
Agreement, are hereby superseded.
27.2 The Parties mutually acknowledge that during the discussions which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and proposals
with respect to any terms or condition of employment not removed by law from bargaining. All
agreements and understandings arrived at by the parties are set forth in writing in this
AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the
UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any
and all terms and conditions of employment referred to or covered in this AGREEMENT or with
respect to any term or condition of employment not specifically referred to or covered by this
AGREEMENT, even though such terms or conditions may not have been within the knowledge
or contemplation or either or both parties at the time this contract was negotiated or executed.
ARTICLE 28 — DURATION
This Agreement shall be in effect from January 1, 2017 and shall remain in effect until December 31,
2017 thereafter unless either party gives notice as may be required by State Statute of their desire to
amend this Agreement.
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IN WITNESS WHEREOF, the parties hereto have set their signatures.
CITY OF CHANHASSEN INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL NO. 49
Date:
Business Manager
Business Representative
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APPENDIX "A"
January 1, 2017 Salary Ranges
Titles
Minimum
Midpoint
Maximum
Leads
$ 28.83
$ 36.03
$ 43.24
Technicians, Mechanics, Heavy
Equipment O erator
$ 23.82
$ 29.78
$ 35.74
Operators
$ 21.66
$ 27.07
$ 32.49
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June 23, 2017
Chelsea Petersen
Assistant City Manager
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Dear Ms. Petersen:
This letter will confirm the agreement that the City of Chanhassen and IUOE Local 49 reached in
conjunction with the negotiations of the collective bargaining agreement.
In the event:
The City intends to hire a new employee in the bargaining unit above the applicable
range minimum; and
2. The newly hired employee will be placed at a rate higher than an existing bargaining
unit employee in the same classification,
The City will notify the Union. The City will meet and confer with the Union if requested by the
Union.
Sincerely,
Raymond Donohoe
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