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CCR1999145AMENDED COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #I4599 AUTHORIZE EXECUTION OF THE LABOR AGREEMENT BETWEEN THE PUBLIC WORKS AND UTILITIES DEPARTMENTS AND THE CITY OF MUSKEG0 1/1/99 THROUGH 12/31/2001 WHEREAS, A settlement has been reached between the negotiators for the City of Muskego and the negotiators for the employees of the Public Works and Utilities Departments. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Negotiating Committee, does hereby approve the settlement agreement, as amended and attached, between the employees of the Public Works and Utilities Departments and the City of Muskego for the period January 1, 1999 through December 31, 2001 subject to ratification by the employees. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to execute the labor agreement. DATED THIS 24TH DAY OF AUGUST ,1999. SPONSORED BY: NEGOTIATING COMMITTEE Mayor David L. De Angelis Ald. Mark Slocomb Ald. Patrick Patterson Reconsidered, Amended and Adopted 9/14/99 This is to certify that this is a true and accurate copy of Resolution #145-99 which was adopted by the Common Council of the City of Muskego. 8/99jmb POSSIBLE RECONSIDERATION AND PROPOSED AMENDMENT COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #145-99 @ AUTHORIZE EXECUTION OF THE LABOR AGREEMENT BETWEEN THE PUBLIC WORKS AND UTILITIES DEPARTMENTS AND THE CITY OF MUSKEG0 111199 THROUGH 1213112QQl 0 WHEREAS, A settlement has been reached between the negotiators for the City of Muskego and the negotiators for the employees of the Public Works and Utilities Departments. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Negotiating Committee, does hereby approve the settlement agreement, as attached, between the employees of the Public Works and Utilities Departments and the City of Muskego for the period January 1, 1999 through December 31, 2001 subject to ratification by the employees. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to execute the labor agreement. DATED THIS 24TH DAY OF AUGUST ,1999. SPONSORED BY: NEGOTIATING COMMITTEE Mayor David L. De Angelis Ald. Mark Slocomb Ald. Patrick Patterson This is to certify that this is a true and accurate copy of Resolution #I4599 which was adopted by the Common Council of the City of Muskego. 8/99jmb -CITY OF MUSKEG0 1999-2001 NEGOTIATIONS PUBLIC WORKS DEPARTMENT AND PUBLIC UTILITIES DEPARTMENT AGREEMENT Add: For the purpose of this Agreement, the following terms will be defined as such throughout said agreement: Full-time employees: All regular employees that are regularly scheduled to work not less than 40 hours per week, Part-time employees: All regular employees that are regularly scheduled to work for less than 40 hour per week. Time and one-half (lV2): One and one-half times an employee’s regular rate of Pay. Double Time: Two (2) times an employees regular rate of pay. ARTICLE 111 - Probationary Period 3.02 - Continued employment beyond the satisfactory completion of the probation period shall be evidence of satisfactory completion of probation and such employee at that time shall be eligible for all accrued benefits, retroactive to the date of employment except as provided in Section 3.04. 3.03 New employees shall be eligible for the City’s health insurance program the first of the month following the date of hire. New employees shall be eligible for Wisconsin Retirement Life Insurance six (6) months after the date of hire. New employees already in the Wisconsin Retirement program from a previous job will be eligible the first day of employment. New employees shall be eligible for paid holidays. ARTICLE IV - Retirement Program 4.01 - Amend to read, “The City will be enrolled in the Wisconsin Retirement Program. The City agrees to contribute the employer’s share and the employee’s share at rates determined by the Wisconsin Retirement Program. Remove last sentence, “See also the attached Letter of Understanding” ARTICLE V - Wages 5.01 -Wages to be increased as shown on Exhibit “A 5.02 - Employees shall be placed “on step” in the pay schedule based upon their length of service computed from their anniversary date of employment or promotion. Promoted employees will be placed on the lowest step in the new classification which grants the employee an increase in wages. PROPOSED TO REMOVE COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #145-99 AUTHORIZE EXECUTION OF THE LABOR AGREEMENT BETWEEN THE PUBLIC WORKS AND UTILITIES DEPARTMENTS AND THE CITY OF MUSKEG0 1/1/99 THROUGH 12/31/2001 WHEREAS, A settlement has been reached between the negotiators for the City of Muskego and the negotiators for the employees of the Public Works and Utilities Departments. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Negotiating Committee, does hereby approve the settlement agreement, as attached, between the employees of the Public Works and Utilities Departments and the City of Muskego for the period January 1, 1999 through December 31, 2001 subject to ratification by the employees. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to execute the labor agreement. DATED THIS 24TH DAY OF AUGUST , 1999 SPONSORED BY: NEGOTIATING COMMITTEE Mayor David L. De Angelis Ald. Mark Slocomb Ald. Patrick Patterson This is to certify that this is a true and accurate copy of Resolution #145-99 which was adopted by the Common Council of the City of Muskego. 8/99jmb -CITY OF MUSKEG0 1999-2001 NEGOTIATIONS PUBLIC WORKS DEPARTMENT AND PUBLIC UTILITIES DEPARTMENT AGREEMENT Add: For the purpose of this Agreement, the following terms will be defined as such throughout said agreement: Full-time employees: All regular employees that are regularly scheduled to work not less than 40 hours per week. Part-time employees: All regular employees that are regularly scheduled to work for less than 40 hour per week. Time and one-half (1112): One and one-half times an employee’s regular rate of Pay. Double Time: Two (2) times an employees regular rate of pay. ARTICLE 111 - Probationary Period 3.02 - Continued employment beyond the satisfactory completion of the probation period shall be evidence of satisfactory completion of probation and such employee at that time shall be eligible for all accrued benefits, retroactive to the date of employment except as provided in Section 3.04. 3.03 New employees shall be eligible for the City’s health insurance program the first of the month following the date of hire. New employees shall be eligible for Wisconsin Retirement Life Insurance six (6) months after the date of hire. New employees already in the Wisconsin Retirement program from a previous job will be eligible the first day of employment. New employees shall be eligible for paid holidays. ARTICLE IV - Retirement Program 4.01 - Amend to read, “The City will be enrolled in the Wisconsin Retirement Program. The City agrees to contribute the employer’s share and the employee’s share at rates determined by the Wisconsin Retirement Program. Remove last sentence, “See also the attached Letter of Understanding” ARTICLE V - Wages 5.01 - Wages to be increased as shown on Exhibit “A” 5.02 - Employees shall be placed “on step” in the pay schedule based upon their length of service computed from their anniversary date of employment or promotion. Promoted employees will be placed on the lowest step in the new classification which grants the employee an increase in wages. Out of Class Pay -Any person performing mechanic’s duties for (4) four or more hours, as authorized by Superintendent, shall receive a 2 %% premium for work. ARTICLE VI - PAY PERIOD 6.01 - Employees shall be paid bi-weekly and on an hourly basis for each bi- weekly pay period, the City shall pay each employee on Thursday for work performed through the previous Saturday. ADD: 6.04 The City will make a payroll deduction to any employee’s deferred compensation plan (State Statute #457) when the employee elects to have the deduction made. ARTICLE Vlll - CALL-IN TIME 8.01 - Employees who shall be called to work on other than regularly scheduled time shall be entitled to at least two (2) hours pay at time and one-half (11/2),, However, if call-in shall occur on a Sunday, it will be at a minimum of two (2) hours double the normal hourly rate. Such minimum shall not apply to hours worked consecutively prior to or subsequent to the employee’s regular work schedule. Any employee so called-in may be required to work the two (2) full hours, except as may be limited in Article X. ARTICLE IX - HOLIDAYS “Spring holiday to be celebrated on April 2, 1999, April 21, 2000 and April 13, 2001. Add: 9.05 - If an above named holiday falls on a Sunday, the following Monday will be observed as a holiday. If an above named holiday falls on a Saturday, the previous Friday will be observed as a holiday. e ARTICLE X - OVERTlME/(ADD)COMPENSATORY TIME 10.01 Time and one-half (11/2) shall be paid for all hours of actual work in excess of eight (8) hours per day and forty (40) hours per week, except that employees working on Sunday shall receive two (2) times their regular rate of pay. Time off without pay is not counted as hours worked for the Purposes of computation of overtime. 10.02 If an employee desires to take compensatory time off in lieu of pay for overtime work, such compensatory time off, on the same basis as pay, may be granted at the discretion of the Employer Such Compensatory time off will be taken at a time approved by the employee’s department head. Compensatory time off may be accumulated, but not in excess of sixty (60) hours at any one time. Compensatory time may be earned and used during the same period contingent upon the balance not exceeding sixty (60) hours at the end of each pay period. ARTICLE XI -TIME OFF FOR FUNERALS 11.01 - (reworded) In the event of the death of a member’s immediate family, up to three (3) days leave of absence with pay shall be granted. In the event of funerals out of town (more than 250 miles one way) an additional one (1) day of absence with pay shall be granted. 11.02 - (reworded) Immediate family is described as husband, wife, children, step-children, parents, grandparents, grandchildren, brothers, step-brothers, sisters and step sisters of the employee of his/her spouse , as well as individuals for whom you are primary care-giver a ARTICLE XI1 - LEAVE OF ABSENCE Add: 12.05 Leave of absence requests made under the Family Medical Leave Act will be in accordance with all federal and “state guidelines” ARTICLE Xlll -JURY DUTY AND WITNESS SERVICE 13.01 Strike City Clerk and replace with Finance Director ARTICLE XIV - WORKER’S COMPENSATION 14.01 Change to read: Any employee who is injured during the course of hislher duties shall notify their immediate supervisor as soon as practical when the incident occurs. 14.02 (Changed to read) Any employee who is absent due to injury or illness caused during the course of his/her duties and is eligible for Worker’s Compensation payments for temporary partial or temporary total disability, shall suffer no loss of compensation during such period of absence up to a maximum of one (1) year The employee shall receive hislher full regular pay from the Employer and shall endorse any Worker’s Compensation checks for temporary partial or temporary total disability. The employee shall provide copies of the check stubs to Finance Director. The amount of the check will be deducted from the employee’s next paycheck. For purposes of this Section only, employees shall be considered as eligible for Worker’s Compensation payments for temporary partial or temporary total disability from the first day of any disability, nothwithstanding the provisions of Section 102.43, Wis. Stats. During the period of such differential pay, there shall be no deductions from the employee’s earned sick leave or vacation credit. ARTICLE XV - SICK LEAVE 15.01 -All full-time employees shall earn and shall be granted sick leave with pay at the rate of 10 hours per full month of service, accumulative to two thousand (2,000) hours with buy-out to remain the same as in this contract. Employees shall be credited with all sick leave accrued prior to the effective date of this Agreement. A full month of service shall not include any month in which the employee does not receive pay for ten (10) regular workdays. Part-time employees earn, and shall be granted, sick leave at a rate proportional to the amount of time worked per pay period as compared to an eighty (80) hour schedule. Add: An employee must apply for a leave of absence under the Family Medical Leave Act if additional time needs to be taken. 15.02 (add new paragraph) Up to three (3) days sick days per year may be taken by an employee in the event of an injury or illness to a family member Family member as defined in Section 11.02, as well as spouse or dependent who resides in the employee’s home. 15.07(D) Add to last sentence, ''as well as permission to return to work. If there are any work restrictions imposed, they must be clearly specified at that time. 15.09 - At least once monthly, the Finance Director shall advise all department heads of the amount of sick leave balance each of their employees have in their accounts. Employees will report sick time used on their bi-weekly time sheets. 15.10 Revised to read: (Change reference of days to hours) Employees on the seniority lists as of December 31, 1987, upon termination from the City employment, shall be entitled to pay at their base rate, for any accumulated unused sick leave days up to a total of Nine-hundred sixty (960) hours. Employees hired on or after January 1, 1988, upon termination from City employment, shall be entitled to pay at their last base rate, for any accumulated unused sick leave days up to a total of seven-hundred twenty (720) ours. In the case of the death of an employee, any accumulated sick leave days, up to seven hundred twenty (720) hours shall be paid to the beneficiary of the employee. 15.12 Add to end of paragraph: "or as able, with Supervisor approval, for any period less than four (4) days. ARTICLE XVI - VACATION 16.01 Vacations shall be granted to full-time employees based upon the anniversary date of their continuous employment as follows: 16.04 - Add: Part-time employees earn and shall be granted vacation at a rate proportional to the amount of time worked since their anniversary date. ARTICLE XVll - INSURANCE 17.01 - The Employer shall provide hospital and surgical insurance, major medical, outpatient and diagnostic coverage during the term of this Agreement. If there is any change in the Health Care Provider during the term of this agreement, the replacing coverage shall be equal to or greater than the benefits presently in effect. Part-time employees working more than twenty (20) hours per week shall be offered insurance, and will pay premiums on a pro-rata basis. It shall be deducted from the employee's paycheck in accordance with Section 17.02. 17.03 - The City has entered into the Wisconsin Retirement Life Insurance Program (hereinafter 'YVRS Life Plan"). Participation in the WRS Life Plan shall be pursuant to the rules established by the Wisconsin Retirement Service. FTE Premiums - The City will pay one hundred percent (100%) of the premium cost for the standard WRS Life Plan benefits for full time employees. Full time employees may also purchase supplemental coverage under the WRS Life Plan, if eligible, at their own expense through authorized payroll deductions. PTE Premiums - For eligible part-time employees who exercise their option to participate in the WRS Life Plan, the City will pay a prorated portion of the premium cost for the standard WRS Life Plan benefit, based on the percentage of full time hours that the part time employee is regularly scheduled to work. In no event shall the City's contribution for a part time employee's WRS Life Plan standard benefit be less than twenty percent (20%) of the premium cost. 17.06 - Employees who retire may elect to retain coverage under the group health insurance plan, provided that such employee has reached the age of fifty- five (55) and has ten (10) years of continuous service as of the date of retirement. In order to retain such coverage, such employees must pay the monthly premiums for the group health insurance plan to the Clerk-Treasurer 17.09 - Effective upon signing of agreement, Disability Insurance will be made available to all employees at the employee's expense. ARTICLE XVlll - SAFETY EQUIPMENT 18.03 - All members of the Public WorkslUtilities departments shall be provided with three pair of reflector coveralls to be cleaned and rented at the expense of the City. One pair of winter coveralls shall be provided by any new employee with replacement subject to approval by Superintendents. 18.05 - Strike ARTICLE XXII - GRIEVANCE PROCEDURE Step 1 - The aggrieved employee and the Bargaining Committee representative(s) shall present the grievance to the Department Head within ten (10) working days of the date the employee knew or should have known of the occurrence of the event causing the grievance or misunderstanding. The Department Head shall respond in writing to the aggrieved employee within five (5) working days after presentation of the grievance. Step 2 - If a satisfactory settlement is not reached as outlined in Step 1, the Committee and/or the representative shall present the grievance in writing to the Mayor within five (5) working days after receiving the written response in Step 1 The Mayor will forward the grievance to the Finance Committee of the Common Council. A meeting shall be held within two (2) weeks of the receipt of the written request from the other party. Step 3 - If a satisfactory settlement is not reached as outlined in Step 2, either party may request that the matter be submitted to arbitration within ten (10) working days after receiving a written response from Step 2. If the parties cannot agree on the selection of an arbitrator, the parties shall request the Wisconsin Employment Relations Commission to name one. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. Only issues relating to the interpretation, application or enforcement of the terms of the Agreement shall be subject to arbitration. ARTICLE XXVlI - LICENSING 27.01- All fees involved in obtaining CDL (Commercial Driver's License), waterworks certification and continuing education credits for licenses will be paid for by the City. ARTICLE XXVlll - CLOTHING REIMBURSEMENT 28.01 -Work clothing and Shoe Reimbursement shall be up to $300.00 annually. ARTICLE XXlX - TERMINATION OR AMENDMENT OF AGREEMENT 29.01 - Either party may request amendment to this Agreement by notifying the other party in writing by October 1, 2001 The written notification will contain the negotiation requests of the reopening party. If one party so notifies, the other party may submit its negotiating requests prior to the first meeting. 29.02 -Within ten (IO) days after receipt of such notice, the two parties shall commence collective bargaining with respect to a new Agreement or amendment to the existing Agreement. 29.03 - If no such notice of amendment is given, this Agreement shall automatically continue in full force and effect after the above time and date for an additional year 29.04 - This Agreement shall be effective as of January 1,1999 and shall remain in full force and effect up to and including December 31, 2001 ARTICLE XXX - LONGEVITY 30.01- In addition to the base rates agreed upon, the City agrees to provide the following longevity payment: After five (5) years of continuous service - $IO.OO/month After ten (IO) years of continuous service - $15.00/Month After fifteen (15) years of continuous service - $20.00/Month After twenty (20) years of continuous service - $25.00/Month EXHIBIT “A” (Salary Schedule) E N r 0 a YI v) Y 0 2 U 0 s F. r3 Y 0 * I- u - wwwww NNNNN NNNNN 0 Agreed Upon Implementation of Plan PU Utility Maintenance PW Highway Patrol PU Ludwig, Steve PU Hienrich, Todd PW Rickert. Gary I! $’ $’ P re $’ $‘ $’ Implementation )r 1999.2000 and 2001 8 .39 .39 mt .10 .10 .IO 1999 $17.97 $17.97 1999 6Mo. $17.53 $17.53 $17.53 2000 6 Mo. 18.06 Yo % % Increase 2000 Increase 2001 Increase 3% $18.69 4% $19.15 2.5% 3% $18.69 4% $19.15 2.5% 1999 18 Mo. $17.97 $17.97 $17.97 2000 18 Mo. 18.69 Page 1