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07-10-1978 HUCMRegular Meeting July 10, 1978 All Commissioners were present, also Mgr. Alexander and Ruth Hakel. The meeting was called to order by President Quade at 2:00 pm. The minutes of the Regular Meeting of June 12, 1978, were read and approved as read. Concerning the bid tabulation on material for two 30,000 gal. propane tanks and labor and piping to install the same, the findings of Associated Consultants were acted upon as follows: A motion was made by Commissioner Filk, seconded by Commissioner Tracy that the material for two 30,000 gallon propane tanks be secured from Gas Supply Company, Minneapolis, Minnesota, in the amount of 953,002.41 and labor to install same to be North Central Public Service Company of Olivia, Minnesota, for $21,338.00. The motion was carried. A motion was made by Commissioner Filk, seconded by Commissioner Tracy that P & B Constructors be paid on Estimate #2 in the amount of $27,180.50. The motion was carried. Mgr. Alexander reported on the Curtiss- Wright turbine. Work should be started in August on repairs. The emergency generator is installed and operating. Cost figures on the cooling tower repairs and improvement are being compiled. Work has begun on the installation of the gas pump and tank. Discussion was held concerning the necessity of a rate increase. Mgr. Alexander was instructed to do some research and report at the next regular meeting. Mgr. Alexander presented a proposal on staff wages. After discussion, a motion was made by Commissioner Filk, seconded by Commissioner Tracy that the wage schedule for staff be adopted as follows: July 1, 19 78 Jan. 1, 1979 Butch Wentworth 9.16 10.00 Orville Kuiken 9.16 10.00 Webster Exum 9.16 10.00 Ivan Larson 9.00 9.91 Bill Marquardt 8.47 9.33 Gordon Fratzke 8.11 8.93 Don Merkins 8.11 8.93 Ruth Hakel 8.07 8.87 Ross Heilman 6.98 7.67 Joan Limvere 5.53 6.08 Sue Winter 3.75 The motion was carried unanimously. A motion was made by Commissioner Filk, seconded by Commissioner Tracy that Mgr. Alexander's salary schedule be adopted as follows: effective July 1, 1978 - $26,000.00 and as of January 1, 1979 - $28,500.00. The motion carried. The following bills were allowed: MUNICIPAL ELECTRIC PLANT Adrian Boll 7365 Norman Bollingmo 7366 Richard Hausladen 7367 Independent Oil Company 7368 Connie Johnson 7369 Kevin Kreger 7370 Virgil Laleman 7371 Amoco Oil Company 7372 Minnesota- Wisconsin Truck Line 7373 Plaza OK Hardware ?374 Rufus Alexander 7375 Rufus Alexander 7376 UPG, Inc. 7377 Chris Legros 7378 Gary Sinnen 7379 Carol Johnson 7380 Steven Hanson 7381 Gregory Blacik 7382 Mary Matzdorf 7383 David Ahmann 7384 Ralph B. Olson 7385 Hutchinson Util. - utility bills 7386 Hutchinson Util. - utility bills 7387 Minnesota- Wisconsin Truck Line 7388 General Electric Company 7389 Curtiss- Wright Corporation 7390 General Electric Company 7391 Minnesota- Wisconsin Truck Line 7392 Hutchinson Utilities 7393 Standard oil 7394 Minnesota- Wisconsin Truck Line 7395 Standard oil 7396 Hutchinson Util. - petty cash 7397 Blue Cross & Blue Shield 7398 Bev Krueger 7399 Raymond Eberhart 7400 Geraldine Johnson 7401 Mobil Oil Corporation 7402 State Treasurer 7404 Minnesota- Wisconsin Truck Line 7446 W E S C O 7407 Moorhead Machinery & Boiler 7408 Richard Peterson 7410 Business Products Inc. 7411 Returned Checks 9999 21.10 42.40 42.40. 21.20- 42.40 21.20 42.40 371.88 17.46 60.73 150.00 958.15 75,764.o8 10.34 7.24 12.78 9.34 7,68 26,78 16.94 18.43 1,356.32 75,989.98 24.53 12,344.73 27,323.10 12,300.00 17.80 501.26 58 325.44 201.49 18,551.85 292.51 3,177.31 36.00 220.00 220.00 521.43 2,203.39 17.70 13.00 3,105.81 400.00 554.10 1,300.74 ?07 ME• Allen Office Products, Inc. 1628 84.30 American Air Filter Company, Inc. 1629 637.60 Anderson Chemical Company 1630 686.75 Apollo Piping Supply, Inc. 1631 16.65 Mrs. Fred Briggs 1632 20.00 Burmeister Electric Company 1633 63.11 Calgon Corporation 1634 100.13 Center Line 1635 1,002.30 Commissioner of Revenue 1639 2,150.07 Colonial Life & Accident Insurance 1640 132.50 Cooper Energy Services 1641 262.62 Data Systems & Operations 1642 375.00 Diesel Service Company 1643 11.32 Ditch Witch of Minnesota 1644 202.29 Family Rexall Drug 1645 29.28 Graphic Controls Corporation 1647 127.24 Graybar Electric Company Inc. 1648 19,243.74 Hanson Pump Service Company 1649 68.88 Hutchinson Jaycees 1650 225.00 Hutchinson Telephone Company 1651 563.06 Hutchinson Util. Employees Fund 1652 33.00 Hutchinson Util. - Petty Cash 1653 197.35 Hutchinson Util. - utility bills 1654 61o.o0 I. B. M. 1655 816.50 I B E W Local. 949 1656 193.50 Junker Sanitation Service 1657 39.00 Joan Limvere 1658 82.55 McMaster -Carr Supply Company 1659 102.77 Northland Electric Supply Company 1660 24.26 Chas. Olson & Sons, Inc. 1661 68.56 Paper Service Company 1662 109.02 Power Process Equipment, Inc. 1663 1,371.44 Power Supply Company 1664 168.23 Precision Castweld 1665 60.00 H. P. Quade 1666 592.60 River Warren Aggregates, Inc. 1667 172.42 Rockite Silo Inc. 1668 74.53 Simonson Lumber 1669 1.70 State of Minnesota - Social Security 1670 2,975.80 Tippecanoe Press Inc. 1671 11.92' United Electric Corporation 1673 469.44 W E S C 0 1674 31070.28 R. B. Whitacre & Company Inc. 1675 129.46 Zep Manufacturing Company 1676 41.30 Abbott Electroncis 1677 15.00 Acme Tool & Specislties Company 1678 157.95 Anderson Chemical Company 1679 531.95 Brinkman Studios, Inc. 1680 20.80 Commissioner of Revenue 1682 8,011.23 Cope - Vulcan Inc. 1683 32.02 Crane Packing Company 1684 132.04 Culligan Water Conditioning 1685 15.75 Ditch Witch of Minnesota 1686 59.23 Electric Motor Company 1687 4.00 Fabricare Cleaners of Hutch 1688 124.39 Four Seasons Services, Inc. 1689 23.95 Fresco 1690 67.76 G. T. C. Auto Parts 1691 48.30 Home Bakery 1692 246.54 Hutchinson Iron & Metal 1693 1.50 Hutchinson Wholesale Supplies 1694 75.85 Jerry's Tire Company 1695 3.35 Kemske Paper Company 1696 677.28 Mork Communications, Inc. 1697 132.20 Municipal Electric Plant 1698 50.60 Natural Gas Division 1699 176,812.45 _Northern States Supply Inc. 1700" 4.47 Ridge Door Sales Company of Minnesota 1701 35.30 Roilgard, Inc. 1702 436.00 Rutz Plumbing & Heating 1703 50.55 Schmeling Oil 1704 55.84 Sorenson Farm Supply 1705 38.50 State Treasurer - PERA 1706 29211.57 Sterling Electric Company 1707 15.89 W E S C 0 1708 302.02 A & B Electric 1709 6.15 American Air Filter Company, Inc. 1710 51.55 American Linen Supply Company 1711 31.49 American Welding Supplies Inc. 1712 30.50 Apollo Piping Supply, Inc. 1713 41.31 Associated Consultants, Inc. 1714 700.71 General Electric Company 1715 686.00 Graphic Controls Corporation 1716 37.81 Hutchinson Oil Company 1717 19.75 I. B. M. 1718 388.41 Vahnke's Red Owl 1719 157.0$ Juul Contracting Company 1720 32.80 Leef Bros., Ine. 1721 87.21 Paul Lemke & Son 1722 50.00 Patchin Fertilizer Service 1723 935.08 R T E Corporation 1724 2,992.00 The Satterlee Company 1725 45.96 Simonson Lumber 1726 1.70 Sterling Electric Company 1727 52,50 United Power Association 1728 85,252.45 Vincent Brass & Aluminum Company 1729 48.51 W E S C 0 1730 2,292.00 Williams Steel & Hardware 1731 21.67 Wright Line 1732 86.28 The Regular Meeting date for August was set for August 9 at 9:00 a.m. 210 NATURAL GAS DIVISION R. E. Young 1760 Plaza OK Hardware 1761 McLeod Cooperative Power Association 1762 Circle -Hutch Utility Board 1763 Trails End, Inc. 1764 First National Bank 1765 City of Hutchinson 1766 United Building Centers 1767 Southern Cross Corporation 1768 State Treasurer 1770 Adams Supply Company 302 American Meter Division 303 Apollo Piping Supply, Inc. 304 Commissioner of Revenue 305 Colonial Life & Accident Insurance 3o6 Crane Supply Company 307 First State Federal Savings 308 Hutchinson Util. Empl. Fund 309 Hutchinson Util. utility bills 310 I B E W Local 949 311 Mueller Sales Corporation 312 Sid Harvey 313 State of Minnesota - social security 314 Wallace & Tiernan 315 American Meter Division 316 Farm & Home Distributing 318 G. T. C. Auto Parts 319 ITT Grinnell Corporation 320 Hutchinson Util. utility bills 321 Hutchinson Wholesale Supplies 322 Ink Spots, Inc. 323 State Treasurer 324 Welders Supply Company 325 Apollo Piping Supply, Inc. 326 Associated Consultants, Inc. 327 Hutchinson Telephone Company 328 Juul Contracting Company 329 Paul Lemke & Son 330 165.00 18.22 14.00 153,861.39 5,314.00 16,7oo.00 50000.00 139.50 14.75 384.29 796.25 90.62 219.8o 399.55 21.50 985.56 500.00 5.00 236.00 29.00 416.12 36.44 387.84 755.00 2,226.69 10.33 45.04 553.19 222.32 lo. 41 22.00 403.05 8.00 14.49 3,571.72 691.00 32.80 14.50 On a motion by Commissioner Tracy, seconded by Commissioner Filk the meeting adjourned at 3:45 P.M. H. P. Quade, President Clinton Tracy, Secretary E INI,fiX Introduction Section 1 - Purpose Section 2 - Agreement Section 3 - Recognition Section 4 - Duration and Effective Date ............................ Page 1 Article 1 - Mon - discrimination Article 2 - Payroll Deduction for Does Article 3 - Management Runts Article 4 - Grievances ............... ..............................• FkV 2 Article 4 - Grievances (cost.) ....... ............................... Aye 3 Article 4 - Grievances (cant.) Article j - Discipline/Discharge of Jsrloyees Article 6 - Strikes and Lockouts ..... ............................... Page 4 Article 6 - Strikes and Lockouts (cant.) Article 7 - Seniority Article 8 - Resignation Article 9 - Promotions and Transfers . ............................... } s Article 9 - promotions and Transfers (cost.) Article 10 - Layoff Article 11 - Military Leave .......... ............................... Aye 6 Article 12 - Workmen's Compensation Article 13 - Leave of Absence Article 14 - ]Nweral Leave ........... ............................... Page 7 Article 14 - Tsmeral Leave (coat.) Article lg - Working Boers ........... ............................... Page 8 Article 16 - Pay Day Article 17 - Safety Article 18 - Standby Pay Article 19 - Jury Duty ............... ............................... Aye 9 Article 20 - Hospital Insurance Article 21 - Sick Leave ............... ............................... Pup 10 Article 21 - Sick Leave (cant.) ...... ............................... Aye 11 Article 22 - Vacation ................ ............................... Aye 12 Article 22 - Vacation (coat.) r Article 23 - Overtime Article 24 - call In Pay Article 25 - Holidays ................ ............................... Plye 13 Imm Article 25 - Holidays Article 26 - Retirenest Article 27 - Savinq ................. ............................... Page 14 Article 28 - Pap Schedule Article 29 - Pregnancy Leave of Absesce , . ........................... Aye 15 Article 29 - Pregaancy Leave of Abp*"* (cost.) inVIES CDT ................... ............................... Aye 16 Vatabinson Wtilities Commission Eorrly Vase Scbe&de Exhibit "A" Ratcbioses @tilities Ooniission Apprsaticesiip Scales Exhibit "1" Eett+rbisien Otilities ommmissima Exhibit "C" Coax Ur ftuten Operator Bookkeeper First Clerk Seeoasd Clerk Ibird Clerk Soaierity List AGREEMENT HUTCHINSON UTILITIES COMMISSION HUTCHINSON, MINNESOTA INTRODUCTION Section 1. PURPOSE: It is the purpose and intent of this Agreement to achieve and maintain sound, harmonious and mutually beneficial work- ing and economic relations between the parties hereto; to establish an equitable and peaceful procedure for the resolution of differences and establish rates of pay, hours of work, and other conditions of employ- ment; and to set forth herein the complete and full agreement between the parties regarding rates of pay, hours of work and other terms and conditions of the employment. Section 2. AGREEMENT:.; This Agreement, made and entered into this 19th day of 'July 197$', by and between the Hutchinson Utilities C&== ssion of the City of Hutchi on n, (hereinafter referred to as "Employer "), and the International Brotherhood of Electrical Workers, Local 949, (herein- after referred to as "Union "). The parties thereto agree as follows: Section 3. RECOGNITION: The Employer recognizes the International Brotherhood of Electrical Workers, Local 949, as the certified exclusive representative for the employees as shown by Exhibit A, who are employed more than 14 hours per -week and more than 100 work days per year, ex- cluding managerial, administrative, supervisory, and confidential employees. Section 4. DURATION AND EFFECTIVE DATE: This Agreement shall be effective as of the lst day of July , 1978 , and shall remain in full force and effect to and including the 1st day of December , 1960 , subject to the right on the part of the Employer or the Union to open this Agreement by written notice to the other party not later than sixty (60) days prior to the expiration of this Agreement. Failure to give such notice shall cause this Agreement to be renewed automatically for a period of twelve'(12) months from year to year. In the event such written notice is given and a new Agreement is not signed before the expiration date of the old Agreement, then said Agree- ment is to continue in force until a new Agreement is signed. It is mutually agreed that both parties will be in receipt of those sections to be revised and the proposed revisions and /or any additions to the Agreement no later than fifteen (15) calendar days after the Employer or the Union receives notification. It is mutually agreed by both parties hereto that in the event of such notice each Article of this Agreement not referred to in such notice shall remain in full force and effect throughout the subsequent Agreement year(s). ARTICLE I Non - discrimination The provisions of this Agreement shall be applied equally by the Employer and the Union to all employees without discrimination as to age, sex, marital status, race, creed, national origin, political affiliation or membership in the Union. ARTICLE II Payroll Deduction for Dues The Employer shall upon written notice from an employee, deduct such sums as the Union may specify for the purpose of dues to the Union. The Employer shall remit monthly such deductions to the appropriate desig- nated officer of the Union. The Union shall provide standard authori- zation cards for the check off of dues. The Union will indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer, its officers or employees, by reason of payroll deductions for dues. ARTICLE III Management Rights The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regu- lations of appropriate authorities. All rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. ARTICLE IV Grievances Definition. A grievance shall be defined as a dispute or disagreement raised by an employee or small group of employees against employer involving the interpretation or application of specific provisions of this Agreement. Step 1. Whenever any employee or small group of employees have a grievance, he or they shall meet on an informal basis with the employee's or employees' 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. MC 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. The Employer shall, within ten (10) days of receipt of the written grievance, serve his answer upon the exclusive representative in writing. If the grievance involves and affects more than five (5) employees, the grievance may be reduced to writing by the exclusive representative and must be served upon the Utilities Manager within ten (10) days after the grievants, through the use of reasonable diligence, should have had knowledge of the occurrence that gave rise to the grievance. The Employer shall within ten (10) days serve his answer upon the ex- clusive representative in writing. Step 2. The Utilities Manager shall meet with the exclusive representa- tive within seven (7) days after receipt of the written grievance. The parties shall endeavor to mutually resolve the grievance. If a resol- ution of the grievance results, the terms of that resolution shall be written on or attached to the grievance and shall be signed by all parties. If no agreement is reached within fifteen (15) days of the first Step II meeting, the exclusive representative, if he elects to proceed with the grievance, must proceed with Step III by serving a proper notification on the Employer. The notification shall contain a concise statement indicating the intention of the party to proceed with the grievance, an outline of the grievance, the provision(s) of the contract in dispute, the relief requested, and shall be served upon Employer within twenty (20) days of the first Step II meeting. Step 3. The Employer, its chief administrator, or its special repre- sentative shall meet with the designated official of the exclusive representative within ten (10) days after receiving notice of intention to proceed with the grievance pursuant to Step II. If resolution of the grievance results, the parties shall reduce the resolution to writing and sign the memorandum as provided in Step II. If the parties are unable to reach agreement within ten (10) days after the first Step III meeting, either party may request arbitration by serving a written notice on the other party of their intention to proceed.with arbitration. Step 4. The Employer and the 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 from the Director of the Bureau of Mediation Services, State of Minnesota, a list of five (5) names. This list maintained by the Director of the Bureau of Mediation Services shall be made up of qualified arbitrators who have submitted an application to the Bureau. The parties shall alternately strike names from the list of five (5) arbitrators until only one (1) remains. -3- 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. Each party shall be responsible for equally compensating the arbitrator for his fee and necessary expenses. The arbitrator shall not have the power to add, to subtract from, or to modify in any way the terms of the existing contract. The decision of the arbitrator shall be final and binding on all parties to the dispute unless the decision violates any provision of the laws of Minnesota or rules or regulations promulgated thereunder, or municipal charters or ordinances or resolutions enacted pursuant thereto, or which causes a penalty to be incurred thereunder. The decision shall be issued to the parties by the arbitrator, and a copy shall be filed with the Bureau of Mediation Services, State of Minnesota. Processing of all grievances shall be during the normal workday whenever possible, and employees shall not lose wages due to their necessary participation. The parties, by mutual agreement, may waive any step and extend any time limits in a grievance procedure; however, failure to adhere to the time limits may result in a forfeit of the grievance. The provisions of this grievance procedure shall be severable, and if any provision or paragraph under any circumstance is held invalid, it shall not affect any other provision or paragraph of this grievance procedure or the application of any provision or paragraph thereof under different circumstances. ARTICLE V Discipline /Discharge of Employees Employees shall be disciplined or discharged only for just cause. The Union shall have the right to challenge the propriety of the discipline or discharge of any employee and a settlement of the matter shall be made in accordance with Article IV, Grievance Procedure. An employee under the influence of alcohol or drugs while on duty or an employee consuming alcohol or drugs during working hours may be discharged by Employer. ARTICLE VI Strikes and Lockouts The Union, its officers or agents, or any of the employees covered by this Agreement shall not cause, instigate, encourage, condone, engage -4- i in, or cooperate in any strike, work slowdown, mass resignation, mass absenteeism, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part of the faithful and proper performance of the duties of employment regardless of the reason for so doing, except as may be provided by the Public Employee Relations Act, Section 179.64, Subd. 7. In the event the Employer notified the Union that an employee may be violating this Article, the Union shall immediately notify such employee in writing of the Employer's assertion and the provisions of this Article. Any employee who violates this provision may be discharged or otherwise disciplined. The Employer will not lock out any employee during the term of this Agreement as a result of a labor dispute with the Union. ARTICLE VII Seniority A new employee shall not be placed on seniority lists for three (3) months which shall constitute a probationary period. During this probationary period, the employee may be dismissed with or without cause at the dis- cretion of the Employer. Upon completion of the probationary period, seniority shall then start as of the first day of employment. Seniority lists shall be prepared annually by the Employer, and shall be posted on the bulletin board of the property of the Employer. Such lists shall show established starting date with the Employer in the section involved and in his present classification. Such list shall be considered validated after having been posted thirty (30) days without objection. ARTICLE VIII 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. Resignations shall be filed with the Commission Manager. Upon resignation, the employee shall forfeit all seniority. Any vacation leave due an employee when he resigns will be paid. ARTICLE IX Promotions and Transfers Any employee may request a transfer or the Employer may order a temporary transfer from one classification to another not to exceed 90 days. -5- When all other qualifications are equal the employees shall be promoted in accordance with seniority. Promotional vacancies will be posted for five (5) working days. A more senior employee on vacation or hospital- ized shall retain the right to bid on the vacancy up to thirty (30) calendar days from posting. Temporary assignments may be made until the bids are received and permanent assignments are made. Classifi- cation seniority will be given first preference, sectional seniority second, Commission seniority third, and then outside employment. All employees promoted shall have a six (6) month trial period. Any employee promoted who does not satisfactorily perform the duties of the new position during the trial period may be reinstated to the position from which he was promoted, without loss of seniority. ARTICLE X Layoff When layoffs occur, the Manager shall first dismiss part -time and temporary employees, providing their duties can be performed by transfer or qualified regular employees. Further layoff shall then be made based on the employees' seniority and ability and qualifications. Regular employees on layoff shall be recalled in order of seniority when a position is again available which the senior employee is qualified to perform. When re- employing men with senioity rights, the Employer shall give.'the employee written notice by registered mail at his last known address of its desire for such employee to work. After fourteen (14) days, upon failure to return to work after the above requirements have been carried out by the Employer, such employee will have forfeited his full seniority right. ARTICLE XI Military Leave 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 with pay up to a maximum of fifteen (15) days per year. 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 re- instated to the position he vacated or any equivalent position provided he files a written request with the Employer within ninety(90) days after completion of military service. -6- ARTICLE XII Workmen's Compensation These employees who are injured while on the job for the Employer and who are under a doctor's care and being paid loss of time by the Work- men's Compensation policy carried by the Employer will be paid the difference between the standard wage schedule of the employee and the amount he receives from the insurance company as long as he is ordered to remain off the job by the insurance company or insurance company doctor, up to a maximum of one (1) year from the date of the industrial accident. ARTICLE XIII Leave of Absence Leave of absence with pay may be granted by the Manager to permit an employee or department head to attend professional meetings, conferences or training 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 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. 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 Employer Manager during any leave of absence shall automatically cause a forfeiture of seniority rights. Employees whose duties permit may be allowed to absent themselves with pay for the purpose of participating in Civic duties such as civil defense or volunteer fire department, at the discretion of the Manager. Attendance at any Union meeting during working hours will not be per- mitted without written approval of the Employer Manager. ARTICLE XIV Funeral Leave -7- 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 -7- 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, 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. It is under - stood 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. If an employee is called for pallbearers service, or to drive a car for a funeral, leave of absence will be granted for the period necessary, limited to four (4) hours, to perform this service without loss of pay, provided the employee received no compensation for such services. ARTICLE XV Working Hours The regular workweek shall begin 12:01 AM on Sunday and terminate at 12:00 PM midnight on Saturday. 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 AM and 5:00 PM 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 AM and 4:00 PM for regular daytime employees. 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 or three 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. Any shift worker requesting time off for personal reasons must make arrangements with a fellow employee to relieve him. 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. When it is required that men 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. r If a man works four (4) or more hours overtime and is released from work, four (4) hours shall elapse before he returns to work without loss of a regular work day's pay. It is understood that because of the nature of the municipal utility business, work schedules may be established by the Employer. -8- ARTICLE XVI Pay Day Pay days will be bi- weekly on Friday following the end of the regular pay period. When pay day falls on holiday, employees shall receive their pay on Thursday. ARTICLE XVII Safety The Employer will attempt to provide safe working conditions for its employees, and the employees are required to be aware of, know the use of, and will use all safety equipment furnished to them by the Employer and shall observe such rules and regulations as may be established by the Employer for the promotion of health, safety, and welfare of the employee. The Safety Rules in effect and authorized by the Commission shall conform with Federal and State safety codes and laws for electric and natural gas and steam utilities. A violation of safety requirements shall constitute just cause for dis- charge; however, employees shall be allowed to grieve the discharge. Employees will be required to attend all safety meetings, held under the job training and safety program set up by the Employer, the Munici- pal Utilities Association and /or State Department of Education. Em- ployees who are off at the time of safety meetings will be paid at their regular straight time rate for attendance at such meetings. Safety glasses will be provided by employer to employees required to wear them. ARTICLE XVIII Standby Pay Employees who are required to provide weekly standby shall receive eight (8) hours' pay at time and one -half in.addition to overtime worked. ARTICLE XIX Jury Duty 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 ser- vice, 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 his next regular pay check. ARTICLE XX Hospital Insurance The Employer shall pay the entire cost of the medical plan for the employees and their dependents without payroll deduction. ARTICLE XXI Sick Leave All regular employees shall be entitled to sick leave after one (1) year of continuous service, which shall accumulate at the rate of one (1) day per month, and may accumulate to a total not to exceed one hundred twenty (120) days. Upon request, the Employer may approve time off with pay for dental and doctor appointments during working hours for employees and their de- pendents. These hours shall be accumulated during the year. Each accumulation of hours totaling eight (8) hours shall be considered as one (1) day of sick leave. The above sic; employee will April 1st and January lot Employees may department of c leave shall be the maximum amount of time which the be allowed per year. The sick leave shall begin on end on March 31st. December 31st be required to present evidence satisfactory to the inability to work due to illness or accident. Employees must adopt such remedial measures as may be commensurate with his disability and permit such reasonable examinations and inquiries by the Employer's medical representative or other suitable represen- tative as, in the Employer's judgment, may be necessary to ascertain employee's condition. If an employee becomes ill and must stay home from work, he shall notify his department head before his work day begins. 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. 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 -10- allowance in lieu of an employee's wage when he is off work due to illness or injury. 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 lay -offs except as provided in paragraphs below. 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, 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 work- ing day after the end of the scheduled vacation. Any employee found guilty of abusing sick leave provisions contained herein shall automatically have his sick leave benefits cancelled. A disability leave of absence 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 the employee's inability to return to work because of such illness or disability. 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. The Commission agrees to comply with the following Workmen's Compensation regulations. If employees of the Department have, at the time of compensable 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 Workmen's Compensation shall be retained by the Department. However, the additional payments made to the employee over and above that paid by Workmen'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 the Workmen's Compensation payment and his regular salary. 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. -11- ARTICLE XXII Vanatinn All employees shall be entitled to vacation with regular pay each fiscal year in accordance with the following rules: Any regular employee who has been employed one (1) full year shall be entitled to a vacation of one week containing five (5) work days with pay. Any regular employee who has been employed two (2) full years shall be entitled to a vacation of two (2) weeks containing ten (10) work days with pay. Any regular employee having seven (7) years or more of continuous service shall be entitled to three (3) weeks containing fifteen (15) work days' vacation with pay. Any regular employee having twenty (20) years or\more of continuous service shall be entitled to four (4) weeks containing twenty (20) work days' vacation with pay. Time spent by the employee on leaves of absence and layoff shall not be considered in determining the time required to qualify for vacations. All vacation time must be taken prior to December 31 of the fiscal year under consideration. The vacation year begins January 1 and ends December 31 each year. All vacations shall be taken on consecutive days unless the department head and the employee agree on a different division of vacation time. Vacation time shall not accumulate from the-fiscal year to another. If an employee takes his or her vacation during a week in which one of the holidays fall, the employee shall be entitled to an additional day off. The additional day off shall be taken at such time as mutually agreed upon between the employee and the department head. Vacation time shall start on Sunday for each vacation period, unless other arrangements are mutually agreed upon between the employee and the department head. Regular employees vacation does not apply to labor and school students who are employed from time to time on a temporary basis. Beginning January 1st, or as soon as practical thereafter, of each calendar year, department heads will consult with all regular employees entitled to vacations and, from such consultation, a working schedule for vacation period shall be established and posted on or before April 15th. On split vacations, seniority shall apply only to the first choice. -12- 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. ARTICLE XXIII Overtime 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. Employees required to work on a recognized holiday shall receive double time in addition to their regular pay for all hours worked. All overtime shall be distributed as nearly equal as practicable among the employees in the respective classifications in each department. Employees shall not be required to take time off for overtime worked or to be worked. Shift workers will not be allowed overtime for work performed on Sundays, when such work is performed on their regular shift. • shift differential of 20C per hour for hours 4:00 PM to 12:00 midnight. • shift differential of 30� per hour from 12:00 midnight to 8:00 AM. • shift differential will not be allowed for time not worked such as vacation time, sick leave time, etc. ARTICLE XXIV Call In Pay Employees who have been called in for emergency work after completing his regular shift, shall be guaranteed a minimum of one (1) 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 one (1) hour period. The minimum call out shall not apply to calls one (1) hour before the regular starting time. ARTICLE XXV Holidays Employees shall receive the following paid holidays: -13- New Year's Day Labor Day President's Day (3d Mon. in Feb.) Columbus Day Good Friday (1/2 day) Veteran's Day Memorial Day Thanksgiving Day Fourth of July Christmas (1 1/2 days) When a nationally observed holiday falls on Sunday, the following day shall be the holiday. When the holiday falls on Saturday, the department shall observe the previous Friday. Shift workers who are required to work an eight (8) hour shift on a holiday shall be compensated by receiving double time in addition to their regular pay. Other employees who are required to work on a holiday shall be paid the same rate as shift workers. When a holiday falls on an employee's scheduled day off and he is not otherwise compensated for said holiday, he shall receive eight (8) hours' pay at straight time rates for said holiday. In order to qualify for the eight (8) hours of straight time holiday pay for a holiday not worked, it is required that the employee shall work the last scheduled work day or shift prior to and 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 and death in immediate family. ARTICLE XXVI Retirement Any employee who has attained the age of sixty -five (65) years shall be retired on the pay day immediately following the 65th birthday. The Commission reserves the right to postpone any individual retirement if it is in the best interests of the Commission. ARTICLE XXVII Savings If any provision of this 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. -14- ARTICLE XXVIII Pay Schedule Attached hereto as Exhibit "A" is wage scale, retroactive to July 1, 1978. Retroactive wages will be paid no later than the first pay period following execution of the contract. ARTICLE XXIX Pregnancy Leave of Absence An employee who becomes pregnant, upon written request to the Employer, may be granted a maternity leave of absence without pay and without loss of seniority to and until a date not exceeding six (6) months, subject to the following: (a) She shall give the Employer two (2) weeks' notice in writing of her application for maternity leave and shall present therewith the written medical certification of her doctor of her pregnant condition and of her expected date of delivery. (b) She shall be required to leave and discontinue her employment at any time during the term of her pregnancy if so advised by her own doctor, or the Employer's doctor, or if she is not capable of regularly and efficiently performing her duties, or if there is any danger to-her personal medical safety. (c) She will return to work in accordance with her seniority at the time of her doctor's release, not to exceed six (6) months leave of absence, provided she has given two (2) weeks' written notice of her intentions to do so to the Employer, accompanied by the written medical certification of her doctor approving her return to work. (d) If the Employee qualifies and returns to work in accordance with the above, either to her original job or to a position of like status and pay, she will be given credit for the seniority accrued up to the time of leaving as well as the seniority she. would have accrued had she been available for work during the period of her absence. (e) The provisions of this Article are subject to such amendment or modification as may be required to comply -15- with any future applicable State or Federal laws or regulations which may become binding upon the parties hereto. (f) Any replacement Employee assigned or hired to perform the duties of the Employee on maternity leave shall be regarded as temporary during the period within which the Employee on maternity leave may legally return to work without loss of seniority as herein provided, and in the event such Employee shall return to her job following such maternity leave, such replacement Employee shall be terminated or returned to her former position at the rate of pay established for that classification, including the domino effect upon other temporary Employees necessarily reassigned to accomodate the one on maternity leave. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first above stated. HUTCHINSON UTILITIES COMMISSION INTERNATIONAL BROTHERHOOD OF OF THE CITY OF HUTQHINSON ELECTRICAL WORKERS, LOCAL 949 M sident Its Secretary Its President -16- Its Business Manager INTERNATIONAL OFFICE W. AUG 231978 CHARLES H. PILLARD President This Wroval does not make the IOEW a party to this agreement HOURLY WAGE SCHEDULE GENERATION DEPARTMENT 7 -1 -78 1 -1 -79 1 -1 -80 Crew Leader 7.18 7.T3 9•61 Maintenance Mechanic I 6.80 7.41 8.15 Maintenance Mechanic II 6.47 7.05 7.76 Under 4 yrs. see EXHIBIT "B" Maintenance Electrician I 7.12 7.76 8.54 Maintenance Electrician II 6.80 7.41 8.15 Under 4 yrs. see EXHIBIT "B" Operation Engineer I 6.80 7.41 8.15 Operation Engineer II 6.47 7.05 7.76 Under 4 yrs. see EXHIBIT "B" DISTRIBUTION DEPARTMENT Crew Chief 7.56 8.24 9.06 Lineman I 7.18 7.83 8.61 Lineman II 6.80 7.41 8.15 Under 4 yrs. see EXHIBIT "B" Groundman I 5.90 6.43 7.07 Groundman II 5.65 6.16 6.78 Under 2 yrs. see EXHIBIT "B" Welder /Serviceman I 6.80 7.41 8.15 Welder /Serviceman II 6.67 7.27 8.00 Under 4 yrs. see EXHIBIT "B" Meter Repair /Service I Meter Repair /Service II 6.80 6.67 7.41 7.27 8.15 8.00 Under 4 yrs. see EXHIBIT "B" Meter Reader 5.00 5.45 6.00 Under 2 yrs. see EXHIBIT "B" OPERATIONS DEPARTMENT " Dispatcher I 6.67 7.27 8.00 Dispatcher II 6.42 7.00 7.70 Under 4 yrs. see : Yl li it 'B" Maintenance Engineer 5.12 5.58 6.14 Under 1 yr. see EXHIBIT "B" OFFICE & DATA PROCESSING DEPARTMENT Computer System Operator 5.00 5.45 6.00 Under 3 yrs. see EXHIBIT "B" Bookkeeper 4.71 5.13 5.64 Under 2 yrs. see EXHIBIT "B" First Clerk 4.53 4.94 5.43 Second Clerk Under 2 yrs. see EXHIBIT "B" 4.24 4.62 5.08 Third Clerk 3.27 3.56 3.92 Under 1 yr. see EXHIBIT "B" EXHIBIT "B" i HUTCHTNSON UTILITIEJ =11- ST. ^,ST0N APPRENTICESHIP SCALEoS SCHEDULE SCHEDULE SCHEDULE SCHEDULE No. 4 No. 3 No. 2 No. 1 1ST - 6 MONTHS 75% 80.O. 90.n% 90.0% 2nd - 6 months 77.5% 82.5% 92.5% 95.U% 3rd - 6 months 80.0% 85.0% 95.0% 4th - 6 months 82.5% 87.5% 97.5% 5th - 6 months 85.0;4 90.0% 6th - 6 months 87.5% 92.5% 7th - 6 months 90.0% 8th - 6 months 92.5% SCHEDULE No. 4 - 4 Years SCHEDULE No. 2 - 2 Years Operating Engineer II Groundman Maintenance Mechanic Meter Reader Maintenence Electrician Bookkeeper Lineman Clerk I Welder /Serviceman Clerk II Meter Repair /S rvice Dispatcher SCHEDULE No. 3 - 3 Years SCHEDULE No. 1 - 1 Year Cqmputer Systems Operator Custodian Clerk III