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07-10-2013 HUCMMINUTES Special Meeting — Hutchinson Utilities Commission Wednesday, July 10, 2013 Called to order at 7:03 a.m. Members present: Vice President Leon Johnson; Secretary Monty Morrow; Commissioner Anthony Hanson; Attorney Marc Sebora; General Manager Michael Kumm. Members absent: President Dwight Bordson; Commissioner Craig Lenz. Vice President Johnson stated the purpose of the meeting is to ratify the labor contract. After discussion of the changes to the contract regarding swapping holidays which the IBEW then reverted back to the original holiday schedule, a motion was made by Commissioner Hanson, seconded by Secretary Morrow to approve the labor contract with the amended changes. Motion was unanimously carried. (Labor contract attached.) A motion was made by Commissioner Hanson, seconded by Secretary Morrow to adjourn the meeting at 7:05 a.m. Motion was unanimously carried. ATTEST: Leon Johnson, President Monty Morrow, Secretary MINUTES Special Meeting — Hutchinson Utilities Commission Wednesday, July 10, 2013 Called to order at 7:03 a.m. Members present: Vice President Leon Johnson; Secretary Monty Morrow; Commissioner Anthony Hanson, Attorney Marc Sebora; General Manager Michael Kumm. Members absent: President Dwight Bordson; Commissioner Craig Lenz. Vice President Johnson stated the purpose of the meeting is to ratify the labor contract. After discussion of the changes to the contract regarding swapping holidays which the IBEW then reverted back to the original holiday schedule, a motion was made by Commissioner Hanson, seconded by Secretary Morrow to approve the labor contract with the amended changes. Motion was unanimously carried. (Labor contract attached.) A motion was made by Commissioner Hanson, seconded by Secretary Morrow to adjourn the meeting at 7:05 a.m. Motion was unanimously carried. Monty Morrow, Secretary ATTEST: Q —71: 'y Leon Johnson, resident t° LABOR AGREEMENT HUTCHINSON UTILITIES COMMISSION AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 949 JULY 1, 24K&2013 THROUGH JUNE 30,204-32016 TABLE OF CONTENTS ARTICLE I PURPOSE OF AGREEMENT ...................................... ..............................1 ARTICLE H RECOGNITION ............................................................ ..............................1 ARTICLEIII DEFINITIONS ............................................................... ..............................1 ARTICLE IV EMPLOYER SECURITY ............................................. ..............................2 ARTICLEV UNION SECURITY ...................................................... ..............................2 ARTICLE VI EMPLOYER AUTHORITY .......................................... ..............................3 ARTICLE VII NON - DISCRIMINATION ............................................ ..............................3 ARTICLE VIII SAVINGS CLAUSE ...................................................... ..............................3 ARTICLE IX GRIEVANCE PROCEDURE ........................................ ..............................3 ARTICLEX DISCIPLINE .................................................................. ..............................6 ARTICLEXI SENIORITY .................................................................. ..............................6 ARTICLE XII RIGHT TO SUBCONTRACT ....................................... ..............................6 ARTICLE XIII HOLIDAYS ................................................................... ..............................7 ARTICLEXIV VACATIONS ................................................................ ..............................7 ARTICLE XV SICK LEAVE ................................................................ ..............................8 ARTICLEXVI CALL IN PAY ............................................................... ..............................9 ARTICLE XVII HOURS OF WORK - OVERTIME .............................. .............................10 ARTICLE XVIII SHIFT DIFFERENTIAL .............................................. .............................11 ARTICLE XIX PROTECTIVE CLOTHING AND EQUIPMENT ....... .............................11 ARTICLE XX HEALTH AND DISABILITY INSURANCE ............ ............................... 12 ARTICLE XXI RESIGNATION.......... .................................................. .............................12 ARTICLE XXII LEAVE OF ABSENCE ................................................ .............................12 0 Table of Contents (cont.) ARTICLE XXIII FUNERAL LEAVE ............................................. ............................... . ......13 ARTICLE XXIV PAY DAY.......... ........................................................... .............................14 ARTICLEXXV STAND BY ................................................................... .............................14 ARTICLE XXVI JURY DUTY ................................................................ .............................14 ARTICLE XXVII RETIREMENT ............................................................. .............................14 ARTICLE XXVIII DURATION .................................................................. .............................14 ARTICLE XXIX HOURLY WAGE SCHEDULE AND APPRENTICESHIP SCALES ...................................... .............................14 ARTICLE XXX PROBATION ................................................................ .............................15 ARTICLE XXXI WAIVER ..................................................................... ............................... 15 EXHIBIT "A' WAGE SCHEDULE ..................................................... .............................16 EXHIBIT `B" APPRENTICESHIP SCALES ...................................... .............................17 MEMORANDUM OF AGREEMENT ......................... .............................18 LETTER OF AGREEMENT ....................................................... ............ I..... ii ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of July 1, 24W2013, 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, Loca 949. 3.3 EMPLOYER: The Hutchinson Utilities Commission. 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. 3.6 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 shall 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 judgments 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. 2 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. 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 GRIEVANCE 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 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. I£ 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. 4 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. 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 ELECTION OF REMEDIES 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. 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. An employee pursuing a statutory remedy under the jurisdiction of the United States Equal Employment Opportunity Commission is not precluded from also pursuing an appeal under this grievance procedure. If a court of competent jurisdiction rules contrary to Board of Governors or if Board of Governors is judicially or legislatively overruled, this paragraph shall be deleted. 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. 6 ARTICLE XHI HOLIDAYS 13.1 The following days are paid holidays: New Year's Day Labor Day Martin Luther King Day Veteran's Day President's Day Thanksgiving Day Memorial Day Christmas Fourth of July 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. 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: Years Employed Vacation Years Employed Vacation After 6 months 20 hours 14 152 hours 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 14.2 Vacation time will be scheduled with mutual agreement between employee and EMPLOYER. 7 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 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+264 720 -. hours. Thereafter, after the accumulation of 720 hours a -pay back of 1/3 of the amount over 720 hours will be made annually on or about February 1. An employee will retroactively receive sick leave time accrued. 15.2 Employees may be required to present evidence satisfactory to the Employer 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 judgment, may be necessary to ascertain employee's condition. 15.4 If an employee becomes ill and must stay home from work, he/she shall notify the supervisor before the work day begins. 15.5 If an employee becomes ill during the regular work day, he /she shall notify the supervisor 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 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. 15.10 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 gross salary during the period of disability, providing all payments as made under Worker's Compensation shall be retained by the employee. 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. 15,11 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. 15.12 Upon retirement, or upon death before retirement, employees shall be paid for any unused sick leave which has been accumulated in the amount of 1/3 of the amount over 240 hours. This shall rve based r pay .,,b.., ,...,...s of unused ....,.. leave at the rate of pay - upen fetir-ein .... 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/her estate on the same ratio as above. 15.13 The Employer shall comply with the Family and Medical Leave Act, the Minnesota Parental Leave Act and the Americans with Disabilities Act. 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 0 regular work day and requires the employee to make an additional trip for the EMPLOYER. It is fi i then uiiderst6od 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 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 7:30 a.m. and 4:00 p.m., with one -half (1/2) hour for lunch. 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. Customer Service Representatives shall work 7:30 a.m. to 4:00 p.m. year round. 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 or desi &iee. 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, six (6) 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 hours may be changed by EMPLOYER by twenty -four (24) hour advance notice to employee. 10 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 €ollewiRg- actual holiday 4e- -Agt-, ChFistffias, Tlaale4vin_- an: d the 1,urtl of july, shall receive holiday pay plus double time. On all other helid a-, , ..f w k� t i holiday sh.11 a hel_:aay pay plus tim an ene hag. —Shift workers required to work on the observed holiday shall receive holiday pay plus regular straight time pay. 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. 17.13 All hours worked in response to a MMUA coordinated mutual -aid request will be paid additional premium pay at the rate of half the regular straigght time hourly rate of nay for a normal eijzLht hour shift Monday through Friday regardless of time of day. Regular overtime shall be paid and double time shall be paid for hours worked on Sundays and holidays in accordance with Article XV11. 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. 11 ARTICLE XIX -- PROTEC'T'IVE CLOTHING AND EQUIPMENT The EMPLOYER will provide all required safety clothing and equipment. An amount not to exceed $100 per year will be allowed toward uniform wearing apparel of Customer Service employees. The items of uniform wearing apparel eligible for the reimbursement shall be agreed upon between employees and the General Manager. The Employer will provide each Operator with uniforms. ARTICLE XX HEALTH AND DISABILITY INSURANCE Effective January 1, 2011 all employees shall be covered by the high deductible health plan with an HSA account. The EMPLOYER shall contribute eighty percent (80 %) of the premium cost for the high deductible health insurance plan provided by the EMPLOYER for- single coverage. For each eligible employee who selects family coverage, the EMPLOYER shall contribute eighty percent (80 %) of the premium cost for family coverage in the high deductible health insurance plan. The remaining twenty percent (20 %) of the premium for single and family insurance coverage shall be paid by the EMPLOYEE through payroll deduction. The Employer shall contribute $4,000 annually to employees who select family coverage and $2,000 annually for employees who select single coverage into the HSA. Said payments are made on a prorata monthly basis. RwWrFri m th ia�s i�i��a. e. a:a�. :Ca�:,oi�..af,Q�a.ic•.,.va ate.. ia�DaQaa��•.�- .7,�.��- a��n The Employer shall pay the premium for a long -tenn disability plan with a X9-90 day elimination period. In the event the health insurance provisions of this Agreement fail to meet the reauirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternativ_e_provisions so as to comely with the Act and avoid anv penalties, taxes or fines for the Employer. ARTICLE XXI RESIGNATION 12 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 trade schools 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. 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 13 23.1 Employees may be allowed up to forty (40) hours leave paid by the EMPLOYER at the - employee's siraig t time rate for the purpose of afteriit 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: spouse, significant other, parent, step- parent, guardian, child, step- child, sibling, grandparent, grandchild and any in -law. 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 Thursday following the end of the regular pay period. When pay day falls on holidays, employees shall receive their pay on Wednesday. ARTICLE XXV STAND BY Employees who are required to provide weekly standby shall receive nine (9) hours' pay at time and one -half in addition to overtime worked. ARTICLE XXVI JURY DUTY When a regular fiill -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. 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 14 This AGREEMENT shall be effective July 1, 204-02013, through June 30, 241-32016, 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 200 = .2013. FOR HUTCHINSON UTILITIES COMMISSION President Secretary 1s FOR INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO 949 President Business Manager EXHIBITwA" ' - --------------'-----''------ W44Q 74444 _7442 Maimenonee EleetFieiart44 $27.76 $28.32 $28.89 Crew Chief Maintefla! $30.97 $3i.5 $32.22 Maifil-A-H-A nee meehaiiie H $26.43 $26,96 $27.50 7AA-0 q44-1 744-2 crew glievsystellis Gentr-olle $30.9 $31.5 $32.22 System Control I ef $28.48 $29.05 $2-9.63 95'stefa Geat�OIIOF 11 $27.25 $27.9 $28.36 C-Few Cbief7lQpemtiofis-Engi*ew $30.9 $31.5 $32.22 Operations EngineeF $27,75 $28.3i $28.88 W140 7A44 7442 Gfew Chief Eleetrie Dept-. $33.95 $34.53 $35.22 bineperson4 $30.6 $31.30 $31.93 binepers $28.2 $28.76 $29.34 Engineering Teehaiieia $26.73 $27.26 $2-7.8i 7440 7AA4 7442 Cr-e-A, Chief BleetFie Metef Dept- $31.08 s3j.7 $32.33 EleetFie Meter Teehnieian $27.85 $28.4.1 $28.98 Natural Gas Divis'on 7440 7444- qA442- Crew Chief Chas Dept. $30.97 $3.1.59 $32.22 Welder Sevviceperson $27.85 $28.41 $28.98 W-140 14A4 7AA2 MoteF Rea $20.31 $20.72 $21.43 Customer SeMeeRmeVilef"Wative $21.51 $2.4.94 $2-2L.M 16 Electric Division 17 7/1/13 1/1/14 711/14 1 /1 /15 7/1/15 1 /1 /16 Maintenance Electrician I $30.76 Inta JL2.01 $32.65 $33.30 $33.97 Maintenance Electrician 11 $29.4 7 $30.0 $30.66 $31.27 $31.90 $32.5 4 Crew Chief -Maintenance $32.8 6 33.52 $34.19 SILE 115,51 lh.28 Maintenance .Mechanic I $29.4 ILOM $30.65 $31.26 $1,89 $2.53 Maintenance Mechanic 1I 1210 R8.61 $29.18 29.76 '30.36 13M7 Groundsperson 7/1/13 1/1/14 7/1114 111115 7/1/15 1/1/16 Crew Chief /Systems Controller $35.0 2 35.72 $36.43 $37.16 $37.90 $38.66 System Controller I 31.73 $32.36 In& $33.67 lmi4 JL5M System Controller II 30.38 JIM2 $31.61 $32.24 32.88 $33.54 Crew Chief /Operations En ineer $32.86 $33.52 $34.19 $34.87 $35.5 7 36.28 Operations Engineer $29.4 6 30.05 $30.65 $31.26 $31.89 $32.53 Operations Engineer 11 28.05 28.61 29.18 $29.76 30.36 30.97 17 7/1/13 1 /1 /14 7/1/14 111115 7 /1 /15 1/1/16 Crew Chief - Electric Dept. $35.9 2 36.64 $37.3 7 $38,12 $38.88 39.66 Line erp son 1 IjZt57 $33.88 $34.56 $35.25 $35.96 Lineperson lI $29.93 $30.53 $31.14 $31.76 $32.40 $33.05 Engineering* Techniciul I $28.37 $28.94 29.52 $30,11 $30.71 31.32 Engineering Technician II $27.22 $27.76 $28.3 2 28.89 $29.47 $30.06 Groundsperson IMn lakm I= 27.80 28.36 28.93 Grounds e�sou II 25.25 25.76 12k.28 26.81 27.35 27.90 7/1/13 1/1/14 7 /l /14 111 115 7/1/15 1 /1 /16 Crew Chief - Electric Meter .Dept. $32.98 .33.64 1241.L JL5M 111n $36.41 Electric Meter Technician I $29.56 30.15 JaQLL5 $31.3 7 3100 $32.6 4 Electric Meter Technician 11 12837 '28.94 JZ2.52 '30.11 120.71 121.32 Natural Gas Division 7/1/13 1/1/14 7/1/14 111115 7 /1 /15 1 /l /16 Crew Chief - Gas Dept. $32.86 33.52 $34.19 $34.87 35.57 $36.28 Weider Serviceperson I 29156 $30.15 $30.75 12L37 InA 32.64 Welder Serviceperson II $28.37 .28.94 29152 $30.11 30.71 ILI.32 Gas Meter Service I $29.56 $30.15 $30.75 $31.37 32.00 $32.6 4 Gas Meter Service II 28.37 2 8.94 29.52 ILO. 11 30.71 31.32 Customer Services Division 711/13 1 /1 /14 7/1/14 111115 7 /l /.15 1 /1 /16 Maintenance Engineer Meter Reader $21.55 $21.98 $22.42 $22.8 7 23.33 $23.8 0 17 EXHIBIT "B" HUTCHINSON UTILITIES COMMISSION APPRENTICESHIP SCALES Schedule Schedule Schedule Schedule No.4 No.3 No.2 No.I 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 Engineering Technician Electric Meter Technician Welder /S erviceperson Meter Repair /Service Schedule No. 2 — 2 Years Meter Reader Customer Service Rep. System Controller II Schedule No. 1 --1 Year Groundsperson Maintenance Engineer 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. 18 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 July 1, 201-4 -2013 through June 30,24A.2016; and WHEREAS, the Employer and the Union desire to enter into an agreement to implement a four (4) day /ten (10) hour work schedule for bargaining unit members other than customer service and shift workers. NOW, THEREFORE, the parties hereto have executed this Memorandum of Agreement as follows: 1. Effective July 1, 2010 -2013 through June 30, 241-32016, 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 provisions set forth herein shall supersede any conflicts with the provisions as set forth in the 200? 2 2010- 2013 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. 19 b. The routine and the days which employees will work will be at the discretion of the director /managers of the particular divisions but will follow a rotating schedule. C. The work day 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 Thursday at 5:00 p.m. and conclude at 6:30 a.m. the following Thursday. Employees will continue to receive the same on- call compensation as set forth in the current Collective Bargaining Agreement. h. For the duration of this Memorandum of Agreement compensatory time bank of up to 50 hours a year shall be established. Employees may accrue and use compensatory time throughout the course of a year as long as said compensatory time does not exceed 50 hours. Employees may carry over 50 hours of compensatory time from one calendar year to the next. 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 forty (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. 20 4. This Memorandum of Agreement represents the complete and total agreement between the parties. IN WITNESS WHEREOF, the parties have caused this Memorandum of Agreement to be executed this day of FOR HUTCHINSON UTILITIES COMMISSION President Secretary 21 TaTr� � FOR INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 949 President Business Manager LETTER OF AGREEMENT This Letter of Agreement is entered into between the Hutchinson Utilities Commission (hereafter "Utility ") and the International Brotherhood of Electrical Workers, Local No. 949 (hereafter "Union" WHEREAS. the Utilitv and the Union are parties to a collective bararaininer agreement: and: WHEREAS Article XX Health and Disability Insurance, sets forth the Utility's contribution toward the single and family Rrern urn cost for the high deductible insurance plan with an HSA. It provides that employees participating in the high deductible family plan will receive $4,000 annually into the HSA and employees participating in the high deductible single plan will receive $2,000 annually into the HSA. WHEREAS, based on Internal Revenue Service rules, an employee must be an eligible individual to qualify for an HSA including generally having no other health coverage that is not a high deductible health plan. WHEREAS veterans of the United States armed forces who receive medical benefits from the Veterans Administration (VA) or employees who are enrolled in TRICARE, which is health insurance available to active duty and retired service and reserve members and their dependents, are therefore not eligible to qualify for an HSA. NOW, THEREFORE, the parties hereto agree as follows: I. Effective January 1, 2011, a veteran who receives medical benefits from the Veterans Administration (VA) or employees who are enrolled in TRICARE who participates in the high deductible family plan, but who is not eligible to qualify for a :HSA, shall receive $4,000 annually in two equal installments in lieu of said monies being deposited in a HSA. 2. Effective January 1, 2011, a veteran who receives medical benefits from the Veterans Administration (VA) or employees who are enrolled in TRICARE who participates in the high deductible single plan, but who is not eligible to qualify for a HSA, shall receive $2,000 annually in two equal installments in lieu of said monies being deposited in a HSA. 3. This Letter of Agreement represents the fall and complete agreement between the parties regarding rding this matter. IN WITNESS WHEREOF, the parties have caused this Letter of Agreement to be executed this da y of 2013. FOR THE UNION: FOR TIIE UTILITY: 22 'Date Date Date Date 23