02-24-1999 HUCMRegular Meeting
February 24, 1999
Members Present: President Michael Carls, Secretary Ackland, Commissioner
David Wetterling, Attorney Marc Sebora, and Manager Clarence Kadrmas.
After review the minutes of January 27, 199, Secretary Ackland made a motion to
approve the minutes as written. Seconded by Commissioner Wetterling, the
motion carried.
Commissioner Wetterling made a motion to ratify the payment of bill in the
amount of $1,524,392.72 (detailed listing is in payables book). The motion was
seconded by Secretary Ackland and passed.
Secretary Ackland made a motion to approve the Financial Statement and the
Budget year to date. Commissioner Wetterling seconded the motion which
carried unanimously.
Bids were reviewed for the 1/0 15 KV cable for stock. Secretary Ackland made a
motion to accept the bid from RESCO. Commissioner Wetterling seconded the
motion which carried.
Commissioner Wetterling made a motion to accept the bid from WESCO for the
500 MCM Cable for Feeders 16 and 22. Secretary Ackland seconded the motion
and it passed unanimously.
Commissioner Wetterling made a motion to accept the ALTEC bid for the Aerial
and Chassis Truck #1. Secretary Ackland seconded the motion which carried
unanimously.
After discussion Secretary Ackland made a motion to reject all bids for the 1999
Underground Conversion Project. Commissioner Wetterling seconded the
motion and it carried.
Commissioner Wetterling made a motion the approve requisition #11872 to
Graybar. Secretary Ackland seconded the motion and it passed.
Secretary Ackland made a motion to accept requisition #11880 to Petersen -
Wisdorf. Commissioner Wetterling seconded the motion which carried.
Secretary Ackland made a motion to accept requisition #11877 to RESCO.
Seconded by Commissioner Wetterling the motion carried.
Commissioner Wetterling made a motion to approve requisition #11878 to
RESCO. Secretary Ackland seconded the motion which carried.
Secretary Ackland made a motion to ratify the Union Contract which has beer
approved by the union. Commissioner Wetterling seconded the motion which
carried unanimously.
Manager Kadrmas reported to the commission that after a meeting with Great
River Energy, NSP, WAPA, and SMMPA, a new substation called "McLeod
County" needs to be build to maintain and service Hutchinson, McLeod County
and west central Minnesota. A final decision will be made.
Manager Kadrmas informed the commission that the stipulations for Unit #9 have
been met and the project is in process. The new Unit #9 should be operational
by November1, 1999. The contract is between the League of Minnesota Cities
and Natole Engineering. Manager Kadrmas is to be updated on progress made
every two weeks.
The next Labor /Management meeting will be 9:00 a.m.,Tuesday, March 2, 1999.
Commissioner Wetterling and Vice President Gilmer will attend.
The Energy Conservation Program for 1998 is complete with $53,500 going to
homeowners in the form of grants, $20,000 to the Hutchinson Tree Board,
$6,000 for administration, and $44,500 to the Hutchinson School District.
Recommendation made to the commission was to have $100,00 for 1999 set
aside for commercial use, $20,000 to the Hutchinson Tree Board.
Secretary Ackland made a motion to adjourn. Seconded by Commissioner
Wetterling, the motion carried.
ATTEST
Michael Carls, President
Paul Ackland, Secretary
S3
Regular Meeting
February 24, 1999
Members Present: President Michael Carls, Secretary Ackland, Commissioner
David Wetterling, Attorney Marc Sebora, and Manager Clarence Kadrmas.
After review the minutes of January 27, 199, Secretary Ackland made a motion to
approve the minutes as written. Seconded by Commissioner Wetterling, the
motion carried.
Commissioner Wetterling made a motion to ratify the payment of bill in the
amount of $1,524,392.72 (detailed listing is in payables book). The motion was
seconded by Secretary Ackland and passed.
Secretary Ackland made a motion to approve the Financial Statement and the
Budget year to date. Commissioner Wetterling seconded the motion which
carried unanimously.
Bids were reviewed for the 1/0 15 kv cable for stock. Secretary Ackland made a
motion to accept the bid from RESCO. Commissioner Wetterling seconded the
motion which carried.
Commissioner Wetterling made a motion to accept the bid from WESCO for the
500 MCM Cable for Feeders 16 and 22. Secretary Ackland seconded the motion
and it passed unanimously.
Commissioner Wetterling made a motion to accept the ALTEC bid for the Aerial
and Chassis Truck #1. Secretary Ackland seconded the motion which carried
unanimously.
After discussion Secretary Ackland made a motion to reject all bids for the 1999
Underground Conversion Project. Commissioner Wetterling seconded the
motion and it carried.
Commissioner Wetterling made a motion the approve requisition #11872 to
Graybar. Secretary Ackland seconded the motion and it passed.
Secretary Ackland made a motion to accept requisition #11880 to Petersen -
Wisdorf. Commissioner Wetterling seconded the motion which carried.
Secretary Ackland made a motion to accept requisition #11877 to RESCO.
Seconded by Commissioner Wetterling the motion carried.
Commissioner Wetterling made a motion to approve requisition #11878 to
RESCO. Secretary Ackland seconded the motion which carried.
SL4
Secretary Ackland made a motion to ratify the Union Contract which has been
approved by the union. Commissioner Wetterling seconded the motion which
carried unanimously.
Manager Kadrmas reported to the commission that after a meeting with Great
River Energy, NSP, WAPA, and SMMPA, a new substation called "McLeod
County" needs to be build to maintain and service Hutchinson, McLeod County
and west central Minnesota. A final decision will be made.
Manager Kadrmas informed the commission that the stipulations for Unit #9 have
been met and the project is in process. The new Unit #9 should be operational
by Novemberl, 1999. The contract is between the League of Minnesota Cities
and Natole Engineering. Manager Kadrmas is to be updated on progress made
every two weeks.
The next Labor /Management meeting will be 9:00 a.m.,Tuesday, March 2, 1999.
Commissioner Wetterling and Vice President Gilmer will attend.
The Energy Conservation Program for 1998 is complete with $53,500 going to
homeowners in the form of grants, $20,000 to the Hutchinson Tree Board,
$6,000 for administration, and $44,500 to the Hutchinson School District.
Recommendation made to the commission was to have $100,00 for 1999 set
aside for commercial use, $20,000 to the Hutchinson Tree Board.
Secretary Ackland made a motion to adjourn. Seconded by Commissioner
Wetterling, the motion carried.
ATTEST 1/fi IC�.t,,(
Michael Carls, President
45aul Ackland, Secretary
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LABOR AGREEMENT
HUTCHINSON UTILITIES COMMISSION
R
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL 949
TABLE OF CONTENTS
ARTICLE
I PURPOSE OF AGREEMENT 1
II RECOGNITION 1
III DEFINITIONS 1
IV EMPLOYER SECURITY 2
V UNION SECURITY 2
VI EMPLOYER AUTHORITY 2
VII NON - DISCRIMINATION 3
VIII SAVINGS CLAUSE 3
IX GRIEVANCE PROCEDURE 3
X DISCIPLINE 6
XI SENIORITY 6
XII RIGHT TO SUBCONTRACT 6
XIII HOLIDAYS 6
XIV VACATIONS 7
XV SICK LEAVE 8
XVI CALL IN PAY 9
XVII HOURS OF WORK - OVERTIME 10
XVIII SHIFT DIFFERENTIAL 11
XIX PROTECTIVE CLOTHING AND EQUIPMENT 11
XX HEALTH AND DISABILITY INSURANCE 12
XXI RESIGNATION 12
XXII LEAVE OF ABSENCE 12
XXIII FUNERAL LEAVE 13
XXIV PAY DAY 13
XXV STAND BY 13
I
XXVI
JURY DUTY
13
XXVII
RETIREMENT
14
XXVIII
DURATION
14
XXIX
HOURLY WAGE SCHEDULE AND
14
APPRENTICESHIP SCALES
XXX
PROBATION
14
XXXI
WAIVER
14
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of January 1, 1999, between
HUTCHINSON UTILITIES COMMISSION, hereinafter called the
EMPLOYER, and the ,INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL 949, hereinafter called the UNION.
It is the intent and purpose of this AGREEMENT to achieve and
maintain sound, harmonious, and mutually beneficial working
and economic relations between the parties hereto; and to put
in writing:
1.1 A grievance procedure, and
1.2 the terms and conditions of employment.
1.3 Subject to the EMPLOYER'S Affirmative Action Plan,
seniority shall be the determining criterion for
promotions and transfers provided qualifications and
abilities among employees are equal.
ARTICLE II RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive
representative of an appropriate bargaining unit
consisting of:
All employees of the Hutchinson Utilities Commission
except:
(1) supervisory and confidential employees; (2)
part -time employees whose service does not exceed the
lesser of 14 hours per week or 35 percent of the
normal work week in the employee's appropriate unit
and; (3) employees whose positions are basically
temporary or seasonal in character and; (a) are not
for more than 67 working days in any calendar year; or
(b) are not for more than 100 working days in any
calendar year and the employees are under the age of
22, are full -time students enrolled in a nonprofit or
public educational institution prior to being hired by
the employer, and have indicated, either in an
application for employment or by being enrolled at an
educational institution for the next academic year or
term, an intention to continue as students during or
after their employment.
2.2 In the event the EMPLOYER and the UNION are unable to
agree as to the inclusion of a new modified job class,
the issue shall be submitted to the Bureau of
Mediation Services for determination.
ARTICLE III DEFINITIONS
3.1 UNION: The International Brotherhood of Electric
Workers, Local 949.
3.2 UNION MEMBER: A member of the International
Brotherhood of Electrical Workers, Local 949.
3.3 EMPLOYER: The Hutchinson Utilities Commission.
1
I
3.4 UNION OFFICER: Officer elected or appointed by the
International Brotherhood of Electrical Workers, Local
949.
3.5' OVERTIME: Work performed at the express authorization
of the EMPLOYER in excess of the employee's scheduled
shift.
376 SCHEDULED SHIFT: A consecutive period including paid
rest breaks.
3.7 FULL -TIME EMPLOYEE: An employee who is regularly
scheduled to work forty (40) hours per week.
3.8 PART -TIME EMPLOYEE: An employee who is regularly
scheduled to work less than forty (40) hours per week.
ARTICLE IV EMPLOYER SECURITY
The UNION agrees that during the life of this AGREEMENT that
the UNION will not cause, encourage, participate in or support
any strike, slow -down or other interruption of or interference
with the normal functions of the EMPLOYER.
ARTICLE V
UNION SECURITY
5.1
The EMPLOYER shall deduct from the wages of employees
who authorize such a deduction in writing an amount
necessary to cover monthly UNION dues. Such monies
shall be remitted as directed by the UNION. UNION to
supply authorization cards.
-5.2
The UNION shall designate employees from the
bargaining unit to act as a steward and an alternate
.and sha=ll inform the EMPLOYER in writing of such
choice and changes in the position of steward and /or
alternate.
5.3
The EMPLOYER shall make space available on the
employee bulletin board for posting UNION notice(s)
and announcement(s).
5.4
The UNION agrees to indemnify and hold the EMPLOYER
harmless against any and all claims, suits, orders or
judgements brought or issued against the EMPLOYER as
a result of any action taken or not taken by the
EMPLOYER under the provision of the ARTICLE.
ARTICLE VI EMPLOYER AUTHORITY
6.1 The EMPLOYER retains the full and unrestricted right
to operate and manage all employees, facilities, and
equipment, provided, however, that employer's
operation of equipment shall not result in loss of
regularly scheduled hours to employee; 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 functions not specifically limited by the
AGREEMENT. -
2
6.2 Any matter or policy, whether or not considered to be
a 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; provided, however,
that prior to any such modification, establishment, or
elimination, the EMPLOYER shall meet and confer with
employees to exchange views and concerns.
ARTICLE VII NON - DISCRIMINATION
The EMPLOYER and the UNION agree that no employee shall be
discriminated against under the provisions of the AGREEMENT on
any basis prohibited by law.
ARTICLE VIII SAVINGS CLAUSE
If any provision of the AGREEMENT is declared by proper
legislative, administrative or judicial authority to be
unlawful, unenforceable or not in accordance with applicable
Civil Service rules, or law, all other provisions of this
AGREEMENT shall remain in full force and effect for the
duration of this AGREEMENT.
ARTICLE IX GRIEVANCE PROCEDURE
9.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as
to the interpretation or application of the specific
terms and conditions of this AGREEMENT.
9.2 UNION REPRESENTATIVE
The EMPLOYER will recognize REPRESENTATIVES designated
by the UNION as the grievance representatives of the
bargaining unit having the duties and responsibilities
established by this ARTICLE. The UNION shall notify
the EMPLOYER in writing of the names of such UNION
REPRESENTATIVES and their successors when so
designated as provided by 5.2 of this AGREEMENT.
9.3 PROCESSING OF A GRTEVANCR
9.31 Whenever any employee or small group of
employees have a grievance, they shall meet
on an informal basis with the employees or
employee's immediate supervisor in an attempt
to resolve the grievance within ten (10) days
after the grievance occurred or ten (10) days
after the employee(s), through the use of
reasonable diligence, should have had
knowledge of the occurrence that gave rise to
the grievance.
9.32 If the grievance is not resolved within
fifteen (15) days of the first informal
meeting, the grievance may be reduced to
writing by the exclusive representative and
served upon the Utilities Manager. Service
3
must be made within fifteen (15) days of the
last informal meeting.
9.4 Grievance presented to management shall be discussed
and answered in writing by management within fifteen
(15) calendar days after a grievance meeting has been
held.
9.5 Appeals by the UNION from the EMPLOYER'S decision
shall be presented to the EMPLOYER within fifteen (15)
calendar days.
9.6 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 specified 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 in each step.
9.7 The disposition of grievance presented in writing
shall be endorsed by the appropriate UNION and
EMPLOYER representative.
9.8 Grievances which cannot be adjusted by the parties may
be referred to arbitration by the UNION. Such
referral shall be in writing and made within the ten
(10) calendar days after the EMPLOYER'S answer or
termination of the time limit for the EMPLOYER'S
answer.
9.9 The EMPLOYER and employee Representative shall
endeavor to select a mutually acceptable arbitrator to
hear and decide the grievance. If the EMPLOYER and
the employee Representative are unable to agree on an
arbitrator, they may request a list of five (5) names
from the Bureau of Meditation Services. The parties
shall alternately strike names from the list of five
(5) arbitrators until only one (1) remains.
9.10 The remaining Arbitrator shall hear and decide the
grievance. If the parties are unable to agree on who
shall strike the first name, the question shall be
decided by the flip of the coin.
9.11 ARBITRATOR'S AUTHORITY
9.111 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 specific issue(s) submitted
in writing by the EMPLOYER and the UNION, and
shall have no authority to make a decision on
any other issue not so submitted.
4
9.112 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 in
writing thirty (30) days following 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.
9.113 The fees and expenses of the arbitrator's
services and proceedings shall be borne
equally by the EMPLOYER and the UNION;
provided, if the grievance is clearly decided
in favor of the UNION or the EMPLOYER, then
the losing party shall be responsible for all
the arbitrator's fees and expenses. Each
party shall be responsible for compensating
its own representatives and witnesses. 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.
9.12 ELFCTTQN OP RRmpnTRs
If as a result of the written EMPLOYER'S response in
step two, 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 the next step of this grievance
procedure or to a procedure such as Veterans
Preference or Fair Employment. If appealed to any
procedure other than the next step of this grievance
procedure, the grievance is not subject to the
arbitration procedure set forth in this ARTICLE.
The aggrieved employee shall indicate in writing which
procedure is to be utilized, arbitration as set forth
in this ARTICLE 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 to arbitration as provided
in this ARTICLE.
5
ARTICLE X DISCIPLINE
Employees that have completed the required probationary period
shall be disciplined or discharged only for just cause. The
UNION shall have the right to challenge the propriety of a
written reprimand, suspension or dismissal of an employee who
has completed the initial probationary period in accordance
with ARTICLE IX, GRIEVANCE PROCEDURE.
ARTICLE XI SENIORITY
11.1 Seniority is defined as an employee's length of
continuous service.
11.2 The EMPLOYER shall maintain and post the seniority
dates of employment as of January 1, each calendar
year. Employee shall have thirty (30) days to
challenge posting.
11.3 Subject to the EMPLOYER'S Affirmative Action Plan,
seniority shall be the determining criterion for
layoffs provided qualifications and abilities among
employees are equal. Laid off employees shall have
recall rights for two (2) years. Employees notified
by registered mail at the employee's last known
address shall have ten (10) working days to return to
work or lose recall rights. Regular employees on
layoff shall be recalled in order of seniority.
11.4 Job vacancies shall be posted for ten (10) working
days. Employees desiring to be considered must so
indicate within the posting period. All promoted
employees shall serve a six (6) month probationary
period during which the promoted employee may be
placed back in the employee's previous job
classification at the sole discretion of the EMPLOYER
without loss of seniority.
ARTICLE XII RIGHT TO SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right
of the EMPLOYER from subcontracting work performed by
employees covered by this AGREEMENT providing no layoff shall
occur for lack of work.
ARTICLE XIII HOLIDAYS
13.1 The following days are paid holidays:
New Year's Day Labor Day
President's Day Veteran's Day
Memorial Day Thanksgiving Day
Fourth of July Christmas
If the holiday falls on a Sunday, the following Monday
shall be the holiday; if the holiday falls on a
Saturday, the preceding Friday shall be the holiday.
If Christmas falls on a Tuesday, Wednesday, Thursday
or Friday, then the preceding day shall be a Christmas
Eve Day holiday; and, in addition, there shall be two
(2) floating holidays determined by mutual agreement
between management and employee. If Christmas Day
falls on a Saturday, Sunday or Monday, then there
shall be no Christmas Eve Day holiday but there shall
be three (3) floating holidays determined.
In accordance. with Minnesota Statutes, the Utility
daily operation shall be closed on Martin Luther King
Day. Employees not required to work may elect to use
a floating holiday, accrued vacation, accrued comp
time or take the day without pay.
13.2 In order to qualify for the eight (8) hours of
straight time holiday pay, for the holiday not worked,
it is required that the employee shall work the last
scheduled work day or shift prior to the first
scheduled work day following the holiday, unless
employee is absent before or after a holiday for such
reasons as vacation, sick leave, jury duty or death in
immediate family.
ARTICLE XIV VACATIONS
14.1 Full -time employees shall receive vacation time with
pay according to the following schedule:
1 40 hours 15 160 hours
2 80 hours 16 168 hours
7 120 hours 17 176 hours
11 128 hours 18 184 hours
12 136 hours 19 192 hours
13 144 hours 20 200 hours
14
152 hours
14.2 Vacation time will be scheduled with mutual agreement
between employee and EMPLOYER.
14.3 Earned vacation shall be paid at the time of an
employee's termination.
14.4 Employees who are on vacation, upon proof of a
disabling accident or disabling illness, shall have
their vacation time cease; and they shall be placed on
sick leave with the remaining vacation to be
rescheduled at a later date.
14.5 An employee may carry over up to forty (40) hours of
accrued vacation into the subsequent year. If the
Employer determines that due to workload, an employee
7
cannot utilize sufficient accrued vacation, by mutual
agreement between the employee and the Employer, a
temporary extension beyond the 40 hour maximum may be
granted.
ARTICLE XV SICK LEAVE
15.1 Full -time employees, upon completion of their
probationary period, shall be granted eight (8) hours
per month of sick leave. Such leave cannot be
accumulated beyond 1,264 hours.
15.2 Employees may be required to present evidence
satisfactory to the department of inability to work
due to illness or accident.
15.3 Employees must adopt such remedial measures as may be
commensurate with his disability and permit such
reasonable examination and inquiries by the EMPLOYER'S
medical representative or other suitable
representative as, in the EMPLOYER'S judgement, may be
necessary to ascertain EMPLOYER'S condition.
15.4 If an employee becomes ill and must stay home from
work, he shall notify his department head before his
work day begins.
15.5 If an employee becomes ill during his regular work
day, he shall notify his department head that it is
necessary to leave due to illness.
15.6 Benefits under this plan will be reduced by any future
benefits provided by any law, Social Security Benefit,
or Unemployment Insurance so as to prevent duplication
of benefits, should the various benefits provided
under the above mentioned laws or agencies be
interpreted to pay an allowance in lieu of an
employee's wage when he is off work due to illness or
injury.
15.7 No sick leave credit will be accrued while an employee
is away from work due to leave of absence, sickness,
or disability; nor will sick leave pay be allowed
during leaves of absence or during layoffs except as
provided in paragraphs below.
15.8 Sick leave pay credit shall cease on the day preceding
the day on which the employee retires under the
Retirement Plan. If an employee becomes ill or is
injured while on vacation, which vacation is scheduled
to end on the date of employee's retirement, then the
scheduled vacation time is counted on vacation; and if
the disability continues beyond the scheduled time of
the vacation, the sick leave pay (any remaining sick
leave credit) will begin on the first consecutive
scheduled working day after the end of the scheduled
vacation.
15.9 Any employee found guilty of abusing sick leave
provisions contained herein shall automatically have
his sick leave benefits canceled.
8
15.10 Employees who are injured while engaged in after hours
employment of others or while self - employed, shall not
be covered under the EMPLOYER'S Sick Leave Policy
outlined.
15.11 The Commission agrees to comply with the following
Worker's Compensation regulations. If employees of
the department have, at the time of compensative
injury, accumulated credits under their vacation or
sick leave plan, the Commission will provide for the
payment of their full salary during the period of
disability, providing all payments as made under
Worker's Compensation shall be retained by the
department. However, the additional payments made to
the employee over and above that paid by Worker's
Compensation shall not exceed the amount of credits
which an employee is entitled to from such vacation or
sick leave accumulated by said employee and the
employee's vacation or sick leave account shall be
charged only with the difference between Worker's
Compensation payment and his regular salary.
15.12 A disability leave of absence for up to two (2) years
shall be granted to any employee at such time as he
had exhausted all of his accumulated sick leave
benefits and in the event his illness or disability
continues after such time. Upon request by the
EMPLOYER at reasonable intervals, the employee shall
furnish a doctor's certificate certifying as to
employee's inability to return to work because of such
illness or disability.
15.13 Upon retirement, employees shall be paid in cash for
any unused sick leave which has been accumulated.
This shall be based on one (1) hour of pay per day of
unused sick leave at the rate of pay upon retirement.
If the employee resigns or is dismissed, the above
payment shall not be made. In case of death during
employment, the unused sick leave shall be paid to his
estate on the same ratio as above.
ARTICLE XVI CALL IN PAY
Employees, other than employees on standby, who have been
called in for emergency work after completing their regular
shift shall be guaranteed a minimum of two (2) hour's pay at
the applicable overtime rate. It is understood that this
call -in provision is not an extension of the regular work day
and requires the employee to make an additional trip for the
EMPLOYER. It is further understood that an employee may be
called out more than once during a given two (2) hour period.
The minimum call -out shall not apply to calls two (2) hours
before the regular starting time.
Employees who are on standby and who have been called in for
emergency work after completing their regular shift shall be
9
guaranteed a minimum of one (1) hour of pay at the applicable
overtime rate, subject to the limitations and requirements as
set forth above applied to a one (1) hour minimum.
ARTICLE XVII HOURS OF WORK - OVERTIME
17.1 The regular workweek shall begin at 12:01 a.m. on
MONDAY and terminate at 12:00 p.m. midnight on SUNDAY.
The regular work period for all employees other than
shift workers shall be five (5) consecutive eight (8)
hour days beginning on Monday and ending on Friday for
a total of forty (40) hours per week. The regular
daytime hours for other than shift workers and
custodians shall be between 8:00 a.m. and 5:00 p.m.,
with one (1) hour for lunch. Beginning with the last
Monday in April and until the first Monday in October,
summer working hours may be in effect. Summer working
hours shall be between 7:00 a.m. and 3:30 p.m. for
regular daytime employees, with one -half (1/2) hour
for lunch break. Customer service, first and second
clerks' summer hours shall extend from Memorial Day to
Labor Day. The regular hours of work for shift
workers engaged in performing the classification of
work where service is required twenty -four (24) hours
per day and seven (7) days per week, shall be as
follows: Shift workers shall work in accordance with
a posted working schedule of a combination of days on
duty with two (2) or three (3) days off in such a way
that over a period of a calendar year, a shift worker
will work no more than an average of forty (40) hours
per workweek.
17.2 Any shift worker requesting time off for personal
reasons must make arrangements with a fellow employee
to relieve them. Other employees requesting time off
for personal reasons will be subject to payroll
deduction for the amount of time taken off. Time off
for personal reasons is subject to permission by the
department head.
17.3 When it is required that employees continue work two
(2) hours after the regular quitting time, they shall
be furnished a meal at the EMPLOYER'S expense as soon
as possible thereafter, and at intervals of not more
than six (6) hours thereafter, while they continue to
work. Meals eaten at home will not be paid for the
employee by the EMPLOYER.
17.4 If an employee works four (4) or more hours overtime
and is released from work, four (4) hours shall elapse
before the employee returns to work without loss of a
regular work day's pay.
17.5 It is understood that because of the nature of the
municipal utility business, work schedules may be
established by the EMPLOYER. The regular working
10
hours may be changed by EMPLOYER by twenty -four (24)
hour advance notice to employee.
17.6 Overtime at time and one -half rates shall be paid for
all hours worked in excess of eight (8) hours per day
or forty (40) hours per week except that shift workers
shall be compensated at overtime rates for all hours
worked in excess of their regular posted schedule.
17.7 Employees, other than shift workers, required to work
on a recognized holiday shall receive double time for
all hours worked.
17.8 Shift workers required to work on the following
holidays, to wit, Christmas, Thanksgiving and the
Fourth of July, shall receive holiday pay plus double
time. On all other holidays, shift workers shall
receive holiday pay plus time and one -half. By mutual
agreement between EMPLOYER and employee, shift workers
shall have the option of scheduling a day off in lieu
of a holiday rather than receiving overtime pay.
17.9 All overtime shall be distributed as nearly equal as
practicable among the employees in the respective
classifications in each department.
17.10' Employees shall not be required to take time off for
overtime worked or to be worked.
17.11 Shift workers will not be allowed overtime for work
performed on Sundays when such work is performed on
their regular shift. Employees other than shift
workers, required to work overtime on a Sunday, shall
receive double time. The shift worker's second day
off shall be considered equivalent to Sunday, and they
shall receive double time for overtime worked on that
day.
17.12 An employee temporarily assigned to a higher paid
classification shall receive the rate of pay for such
higher classification for all hours worked during the
entire period of such assignment, providing that the
employee works a minimum of four (4) hours or more.
ARTICLE XVIII SHIFT DIFFERENTIAL
A shift differential of 3.0% of the employee's regular hourly
rate shall be paid for hours 4:00 p.m. to 12:00 midnight. A
shift differential of 3.5% of the employee's regular hourly
rate shall be paid for hours from 12:00 a.m. to 8:00 a.m. A
shift differential will not be allowed for time not worked
such as vacation, sick leave, etc.
ARTICLE XIX PROTECTIVE CLOTHING AND EQUIPMENT
The EMPLOYER will provide all employee- required clothing and
equipment. An amount not to exceed $100 per year will be
allowed toward uniform wearing apparel of office employees.
The items of uniform wearing apparel eligible for the
reimbursement shall be agreed upon between employees and
General Manager.
11
[I
ARTICLE XX HEALTH AND DISABILITY INSURANCE
The EMPLOYER shall contribute up to $303 per month towards the
total cost of the medical plan for the employees and their
dependents. Any additional increase in the cost of premiums
beyond the $303 per month, shall be shared 50/50 between the
Employer and the employee. Any additional premiums shall be
paid by the employee through payroll deduction.
ARTICLE XXI RESIGNATION
An employee may resign at any time, and when so resigning,
must give at least two (2) weeks notice of his intention in
order to give the EMPLOYER time to fill the vacancy.
Resignation shall be filed with the Utility Manager. Upon
resignation, the employee shall forfeit all seniority. Any
vacation leave due an employee when he resigns, will be paid.
ARTICLE XXII LEAVE OF ABSENCE
22.1 Leave of absence with pay may be granted by the
General Manager to permit an employee or department
head to attend professional meetings, conferences or
trading school that are in the interest of the
EMPLOYER or other justifiable reasons. No overtime
will be paid while an employee is attending such
meetings or conventions. Each day's attendance shall
be considered as an eight (8) hour straight time pay
day. Leave of absence without pay may be granted by
the EMPLOYER Manager when requested by a regular
employee when such a leave is deemed to be justified.
Such leaves may be granted when due to extended
illness, the accumulated sick leave has been used up,
for the extension of vacation time where circumstances
will permit, or other similar purposes.
22.2 Employees who are members of a Reserve Force of the
USA or of this State and who are ordered by the
appropriate authorities to attend a training program
or perform other duties under the supervision of the
USA or of this State, shall be granted leave time up
to a maximum of fifteen (15) days per year, with pay.
22.3 Any employee who enters into active service in the
Armed Forces of the USA while in the service of the
EMPLOYER, shall be granted a leave of absence, without
pay, for the period of military service. The employee
shall be entitled to be reinstated to the position he
vacated or any equivalent position provided he files
a written request with EMPLOYER within ninety (90)
days after completion of military service.
22.4 No leave of absence shall be granted for the purpose
of looking for a new job or other similar reason, and
any industrial employment without the sanction of the
Utility Manager during any leave of absence shall
automatically cause a forfeiture of seniority rights.
12
22.5 Employees whose duties permit may be allowed to absent
themselves with pay (provided they receive no
compensation for such services) for the purpose of
participating in duties of a Public Governmental
organization, at the discretion of the Manager.
Attendance at any UNION meeting during working hours
will not be permitted without the written approval of
the Utilities Manager.
ARTICLE XXIII FUNERAL LEAVE
23.1 Employees may be allowed up to three (3) working days
leave paid by the EMPLOYER at the employee's straight
time rate for the purpose of attending a funeral of a
member of. the employee's immediate family. Funeral
leave days will not be deducted from sick leave. The
employee's immediate family is defined as: husband,
wife, son, daughter, father, mother, sister, brother,
father -in -law and mother -in -law. One (1) day funeral
leave will be permitted for the purpose of attending
a funeral of a brother -in -law, sister -in -law,
grandfather, grandmother or grandchild. It is
understood that payment under the above provisions is
only for a day or days when the employee was scheduled
to work and would have worked except for the death of
such relative.
23.2 If an employee is called for pallbearers service, or
to drive a car for a funeral, leave of absence will be
granted for a period necessary, limited to four (4)
hours, to perform this service without loss of pay,
provided the employee received no compensation for
such service.
ARTICLE XXIV PAY DAY
Pay days will be bi- weekly on Friday following the end of the
regular pay period. When pay day falls on holidays, employees
shall receive their pay on Thursday.
ARTICLE XXV STAND BY
Employees who are required
receive nine (9) hours' pay
to overtime worked.
ARTICLE XXVI JURY DUTY
to provide weekly standby shall
at time and one -half in addition
When a regular full -time employee has been called upon for
jury duty by either the State or Federal Courts, and has been
absent from work because of such jury service, he shall be
paid his regular salary by the Commission with the
understanding that at the time of completion of his jury
service, he shall present his jury service checks to the
department; and that the amount of such checks, less the
amount included for traveling expenses, shall be deducted from
their next regular pay check.
13
ARTICLE XXVII RETIREMENT
27.1 Any employee who elects to retire shall give the
EMPLOYER sixty (60) days notice of date that employee
intends to retire.
ARTICLE XXVIII DURATION
This AGREEMENT shall be effective January 1, 1999, through
December 31, 2001, subject to the right on the part of the
EMPLOYER or the UNION to open or terminate this AGREEMENT by
written notice to the other party no later than sixty (60)
days prior to the expiration of this AGREEMENT.
ARTICLE XXIX HOURLY WAGE SCHEDULE AND APPRENTICESHIP SCALES
Hourly wages shall be paid according to attached Exhibits "A"
and "B ".
ARTICLE XXX PROBATION
Effective the first day of the first payroll period following
the Utility Commission adoption of this AGREEMENT, new
employees shall be considered to be on probation for the first
six (6) months of continuous employment. During the
probationary period, the EMPLOYER may dismiss such employees.
Such action shall not be subject to the grievance or
arbitration provisions of this AGREEMENT. Upon completion of
the probationary period of employment, an employee shall have
their seniority date established retroactive to their first
date of continuous employment.
ARTICLE XXXI WAIVER
This AGREEMENT represents the complete and total AGREEMENT
between the parties. Any and all prior AGREEMENTS, practices,
policies, rules and regulations regarding terms and conditions
of employment, to the extent inconsistent with the provisions
of the AGREEMENT, are hereby superseded.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
on the day of 1999.
FOR HUTCHINSON UTILITIES COMMISSION FOR INTERNATIONAL BROTHERHOOD
ELECTRICAL WORKERS,
LOCAL NO 949
President resident
� n
Secretary 'T3—usiEes/mahager
IToR PROVEO
TIONAL OFFICE - I.B.E.W.
14 7 1999
a a merry, President
This approval does not make the
lrrternntipnal a party to this agreera�
EXHIBIT ' "A"
HUTCHINSON UTILITIES COMMISSION
MAINTENANCE 1 -1 -99 7 -1 -99 1 -1 -00 7 -1 -00 1 -1 -0
Maintenance Electrician I
18.98
19.36
19.75
20.15
20.75
Maintenance Electrician II
18.17
18.53
18.90
19.28
19.86
MAINTENANCE
Crew Chief
19.44
19.83
20.23
20.63
21.25
Maintenance Mechanic I
18.16
18.52
18.89
19.27
19.85
Maintenance Mechanic II
17.28
17.63
17.98
18.34
18.89
OPERATIONS
Crew Chief /System Controller
20.28
20.69
21.10
21.52
22.17
System Controller I
18.98
19.36
19.75
20.15
20.75
System Controller II
18.17
18.53
18.90
19.28
19.86
Crew Chief /Operations Engineer
19.44
19.83
20.23
20.63
21.25
erations Engineer I
18.16
18.52
18.89
19.27
19.85
erations Engineer II
L
17.28
17.63
17.98 1
18.34
18.89
Crew Chief
20.10
20.50
20.91
21.33
21.97
Lineperson I
19.13
19.51
19.90
20.30
20.91
Lineperson II
18.16
18.52
18.89
19.27
1 19.85
Groundsperson I
15.81
16.13
16.45
16.78
17.28
Groundsperson II
15.18
15.48
15.79
16.11
16.59
J
Pj
F�
EXHIBIT "A "'(CONT.)
1 -1 -99 7 -1 -99 1 -1 -00 7 -1 -00 1 -1 -01
Crew Chief
19.44
19.83
20.23
20.63
21.25
Welder /Serviceperson I
18.16
18.52
18.89
19.27
19.85
Welder /Serviceperson II
17.82
18.18
18.54
18.91
19.48
Gas Meter Repair /Service I
18.16
18.52
18.89
19.27
19.85
Gas Meter Repair /Service II
17.82
18.18
18.54
18.91
19.48
1 -1 -99 7 -1 -99 1 -1 -00 7 -1 -00 1 -1 -01
Crew Chief
19.44
19.83
20.23
20.63
21.25
Electric Meter Technician I
18.16
18.52
18.89
19.27
19.85
Electric Meter Technician II
17.82
18.18
18.54
18.91
19.48
1 -1 -99 7 -1 -99 1 -1 -00 7 -1 -00 1 -1 -01
Maintenance Engineer
13.79
14.07
14.35
14.64
15.08
Meter Reader
13.54
13.81
14.09
14.37
14.80
Customer Service Representative
14.35
14.64
14.93
15.23
15.69
In the event that the CPI index - all cities, for the 12 month period ending November, 2000, exceeds
5.0 %, the Union and the Utility will meet to discuss the issue. (This shall not constitute an automatic
reopener).
EXHIBIT "B"
HUTCHINSON UTILITIES COMMISSION
APPRENTICESHIP SCALES
Schedule Schedule Schedule Schedule
No. 4 No. 3 No_ 2 Nn 1
1st 6 months
75.0%
80.0%
90.0%
90.0%
2nd 6 months
77.5%
82.5%
92.5%
95.0%
3rd 6 months
80.0%
85.0%
95.0%
4th 6 months
82.5%
87.5%
97.5%
5th 6 months
85.0%
90.0%
6th 6 months
87.5%
92.5%
7th 6 months
90.0%
8th 6 months
92.5%
Schedule No. 4 - 4 Years
Operating Engineer II
Maintenance Mechanic
Maintenance Electrician
Lineperson
Electric Meter Technician
Weld er/Se rvicepe rson
Meter Repair /Service
Dispatcher
Schedule No. 2 - 2 Years
Groundsperson
Meter Reader
Bookkeeper
Clerk I
Clerk II
Schedule No. 3 - 3 Years Schedule No. 1 - 1 Year
Computer Systems Operator Custodian
Clerk III
Movement through apprenticeship schedule shall be at discretion of Employer. If an employee
is accelerated through the schedule, written notice to the Union shall be provided by the employer.
Ij
Pj
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into between Hutchinson Utilities Commission
(hereafter "Employer") and the International Brotherhood of Electrical Workers, Local 949 (hereafter
"Union ") relating to the implementation of a four (4) ten (10) hour day work schedule.
WHEREAS, the Employer and the Union are parties to a Collective Bargaining Agreement
effective January 1, 1999 through December 31, 2001; and
WHEREAS, the Employer and the Union desire to enter into an agreement to implement a four (4)
day /ten (10) hour work schedule on a trial basis.
NOW, THEREFORE, the parties hereto have executed this Memorandum of Agreement as
follows:
1. Effective January 1,1999 through December 31, 2001, Employer and Union agree to
implement a four (4) day /ten (`10) hour work schedule for all employees in the bargaining unit excluding
customer service and shift workers.
2 For the duration of this Memorandum of Agreement, the specific provision set forth herein
shall supersede any conflicts with the provisions as set forth in the 1999 -2001 Collective Bargaining
Agreement
3. The specific application of the four (4) day /ten (10) hour work schedule shall be as follows:
a. The work schedule shall extend from Monday through Friday. The work day will be
covered by alternating the employees to work a forty (40) hour work week by working
four (4) days a week, either Monday through Thursday or Tuesday through Friday.
b. The routine and the days which employees will work will be at the discretion of the
superintendents of the particular departments but will follow a rotating schedule.
C. The workday will commence no earlier than 6:30 a.m. and will extend no later than
5:00 p.m., with a 30 minute lunch break. Any work performed prior to 6:30 a.m. or
after 5:00 p.m., Monday through Friday, will be classified as beyond normal working
hours and will be handled on an overtime basis.
d. Sick leave will continue to be accumulated on an eight hour per month basis and will be
utilized on an hourly basis. Therefore, if an employee is absent due to illness for an entire
work day, the employee will be utilizing ten (10) hours of sick leave for that day.
e. Vacations, comp time and floating holidays when taken on a scheduled 10 -hour work day
will be utilized accordingly. Floating holidays will be counted as an eight hour period plus
an employee may elect to utilize two hours from a floating holiday or comp time to make up
the time for that day. Vacations will be scheduled on a 10 -hour day so that vacations can
be taken for a 40 hour week. Comp time will also be taken accordingly. Vacations, comp
time and floating holidays will be treated on an hourly basis.
Scheduled holidays will be taken on the days that they are scheduled in the Collective
Bargaining Agreement on an eight hour basis. The remainder of the week will be completed
by working three 10 -hour days resulting in a total of 38 hours. In such instances, the two
hours of time may be made up during the work week, taken from a floating holiday, or taken
from comp time. In addition, the employee may elect not to make up the time.
g. On -call compensation will begin on Friday at 5:00 p.m. and conclude at 6:30 a.m. the
following Friday. Employees will continue to receive the same on -call compensation as se
forth in the current Collective Bargaining Agreement.
h. For the duration of this Memorandum of Agreement, the maximum amount of
accumulation of comp time will be increased to fifty (50) hours. The comp bank maximum
of 50 hours shall be used or paid off by the end of each calendar year.
i. For the duration of this Memorandum of Agreement, employees will be compensated for
overtime for all hours worked beyond the ten (10) hour day or forth (40) hour work week.
j. For the definition of a "day" in the Funeral Leave article, a "day" shall mean ten (10)
hours for employees working the ten (10) hour work schedule.
4. This Memorandum of Agreement represents the complete and total agreement between
the parties.
[I
IN WITNESS WHEREOF, the parties have caused this Memorandum of Agreement
to be executed this day of 11999.
FOR HUTCHINSON UTILITIES
COMMISSION
411
Pre iden , Mike Carls
Secretary, P ul Ackl nd
L�
FOR INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL 949
-14
Business anager