HomeMy Public PortalAboutExhibit MSD 18C MOU Local 410Exhibit MSD 18C
MEMORANDUM OF UNDERSTANDING
BETWEEN
METROPOLITAN ST. LOUIS SEWER DISTRICT
AND
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, LOCAL 410
For Period of
August 16, 2010 - June 30, 2013
This Memorandum of Understanding is entered into between the
Metropolitan St. Louis Sewer District (hereinafter referred to as the "District") and
American Federation Of State, County And Municipal Employees, Local 410
(hereinafter referred to as the "Union")
TABLE OF CONTENTS
PAGE
ARTICLE I - RECOGNITION 4
ARTICLE 11 - DUES CHECK OFF 4
ARTICLE 1 1 1 - MANAGEMENT RIGHTS 5
ARTICLE IV - UNION ACTIVITIES 5
ARTICLE V - PROCEDURE FOR HANDLING EMPLOYEE COMPLAINTS 6
ARTICLE VI - PROGRESSIVE DISCIPLINE 9
ARTICLE VII - SENIORITY 11
ARTICLE VIII - APPLICATION OF SENIORITY 11
ARTICLE IX - HOLIDAYS 13
ARTICLE X - VACATION 14
ARTICLE XI - SICK LEAVE 15
ARTICLE XII - OTHER PAID LEAVE 18
ARTICLE XIII - OVERTIME 19
ARTICLE XIV - TEMPORARY LIGHT DUTY 20
ARTICLE XV - DISABILITY 20
ARTICLE XVI - JOB ASSIGNMENT 20
ARTICLE XVII - MEDICAL PLAN 20
ARTICLE XIX - PROBATIONARY PERIOD FOLLOWING DEMOTION OR
TRASNSFER 22
ARTICLE XX - PERSONNEL RECORDS 22
ARTICLE XXI - FAILURE TO REPORT TO WORK FOR THREE DAYS .... 22
ARTICLE XXII - SAFETY COMMITTEE 22
ARTICLE XXIII - SAFETY 22
ARTICLE XXIV - SAFETY EQUIPMENT 22
ARTICLE XXV - ATTENDANCE RECORD 23
ARTICLE XXVI - RESIGNATION 23
ARTICLE XXVII - RULES AND REGULATIONS 23
ARTICLE XXVIII - PENSION PLANS 23
ARTICLE XXIX - CELL PHONE / STAND BY ASSIGNMENT 24
ARTICLE XXX - ALTERNATIVE WORK SCHEDULES 24
ARTICLE XXXI - DENTAL 24
ARTICLE XXXII - VISION PLAN 24
ARTICLE XXXIII - PERFORMANCE REVIEWS 25
ARTICLE XXXIV- CONDITIONS AND DURATION OF MEMORANDUM 26
ARTICLE XXXV - STEP / MERIT INCREASES 27
ARTICLE XXXVI - WAGE PROVISIONS 27
INDEX 28
MEMORANDUM OF UNDERSTANDING
BETWEEN
METROPOLITAN ST. LOUIS SEWER DISTRICT
AND
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, LOCAL 410
For Period of
August 16, 2010 — June 30, 2013
This Memorandum of Understanding is entered into between the Metropolitan St.
Louis Sewer District (hereinafter referred to as the "District")
and
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 410 (Hereinafter referred to as the "Union")
It is the intent and purpose of this Memorandum of Understanding to promote
harmonious relations between the parties hereto, as well as the establishment of a basic
understanding relative to personnel policies, practices and procedures, and matters
affecting other conditions of employment.
3
ARTICLE I — RECOGNITION
Pursuant to and in accordance with the provisions of. §.105.500-105.530, Revised
Statutes of Missouri, and with long established custom and practice, the District
recognizes the following Union as the exclusive bargaining representatives for all eligible
employees of the District in existing classifications in the bargaining unit hereinafter
described.
American Federation of State, County and Municipal Employees, Local 410
If new job classifications are established by the Human Resources Department
and utilized by the District, the Director of Human Resources shall notify the Union. At the
request of either party, the parties shall meet and confer to determine whether the
classifications are to be included or excluded from the bargaining unit. If the parties are
unable to agree as to whether the job classifications should be included or excluded from
the bargaining unit, the matter shall be decided by the State Board of Mediation.
ARTICLE II - DUES CHECK OFF
Employees of the District in the appropriate bargaining unit aforesaid may
authorize payroll deductions for the purpose of paying union dues.
The procedure, which shall be followed by such employees in authorizing
deduction of union dues, shall be for each such employee to execute a written request
using an authorized form. Payroll deduction may be revocable by the employee during the
month of June of each year.
Union dues will be revoked upon written notification by the employee under the
following conditions:
1. Transfer from one bargaining unit to another;
2. Transfer out of a bargaining unit;
3. Transfer to the Management /Professional Schedule.
In the event the union dues are increased, the Union shall notify the District by
letter certified by the Financial Director of AFSCME Council 72 stating the amount of the
dues. The dues shall be deducted each pay period in an amount certified by the Union,
and the aggregate deduction of all employees shall be remitted together with an itemized
statement to the Union within, a reasonable time after deductions are made. The Union
will indemnify, defend and hold the District harmless against any claims made and any
suits instituted against the District on account of payroll deduction of union dues. The
Union agrees to promptly refund to the District any amounts paid to the Union in error on
account of the payroll deduction provision upon presentation of proper evidence thereof.
4
The employee's earnings must be regularly sufficient after other legal and required
deductions are made to cover the amount of appropriate union dues. When a member in
good standing of the Union is in a non -pay status for an entire pay period, no withholding
will be made to cover that pay period from future earnings. In the case of an employee
who is in a non -pay status during only part of the pay period and the wages are not
sufficient to cover the full withholding, no deduction of union dues shall be made.
ARTICLE III - MANAGEMENT RIGHTS
The Union recognizes that it is the responsibility of the management of the District
to determine the mission, budget, organization, assignment of personnel, training of
personnel, and technology of performing work.
The right to make rules and regulations is an acknowledged function of the
employer and it shall remain the obligation of the management of the District in
accordance with applicable laws and regulations —
1. To appoint, evaluate, promote, transfer, layoff, assign and retain employees in
positions within the District, however, the District will consider the Union's
recommendation relating to promotions;
2. To suspend, demote, discharge or take other disciplinary actions against
employees for legitimate reasons;
3. To maintain efficiency of the operations entrusted to the District;
4. To determine the methods, means, scheduling of work and personnel by which
operations are to be conducted;
5. To take whatever actions may be necessary to carry out the public
responsibilities of the District.
All rights, prerogatives, and authorities, which have not been specifically abridged,
deleted, or modified by this agreement, are recognized by the Union as being retained by
the District.
ARTICLE IV - UNION ACTIVITIES
The District agrees to recognize the Chief Executive Officer of the Union or his
designee and a reasonable number of shop stewards of the Union duly elected and
appointed under the Union's Constitution and Bylaws. The Stewards shall be employees
of the bargaining unit and the department that they represent and the Union shall supply
the District in writing and shall maintain with the District in writing on a current basis a
complete list of its business agents assigned to the appropriate units and authorized shop
stewards. One steward shall be designated as the Chief Shop Steward for the appropriate
bargaining unit, if deemed necessary by the Union. There shall be one designated shop
steward with an alternate per bargaining unit for each separate facility.
5
A steward shall be granted permission by his immediate supervisor to handle
another employee's grievance as defined in Article V if the employee is in the steward's
designated work location and within the steward's bargaining unit. The supervisor will
designate a reasonable amount of time, preferably at the end of the workday, to handle
such grievances.
If there is not a steward in an employee's designated work location and within the
steward's bargaining unit, a steward from another location and within the employee's
bargaining unit can represent such employee by arranging a time agreeable to both work
locations for the meeting.
Accredited representatives of Unions, with prior approval, shall have reasonable
access to the premises of the District for a reasonable period of time to consult with
appropriate District officials and Shop Stewards; or with aggrieved employees concerning
grievances. Union stewards shall be allowed during the steward's off time to post official
Union notices on appropriate bulletin boards. Only Union Shop Stewards shall be allowed
to post official Union Notices on appropriate Union Bulletin Boards.
With a five (5) day notice, the District will allow shop stewards up to sixteen (16)
hours per year of time -off with pay to attend Steward training.
The District shall provide time during the Department's orientation process or
during the new employee's first week of employment for a union representative to speak
to new employees regarding membership. On a semi-annual basis, the District will allow
the Chief Shop Steward to speak with employees in the represented classifications
following two of the Joint Labor Management Meetings.
ARTICLE V - PROCEDURE FOR HANDLING EMPLOYEE COMPLAINTS
The District will maintain monthly Union Management meetings to discuss in good faith
issues that impact their membership. These meetings give the union an opportunity to
weigh in on matters that affect their membership's employment. It is the goal of the
District and the Unions to use this forum to minimize employee complaints.
Step 1. All job assignment disputes within a classification shall be resolved through
the recognized Union Business Agent and the Department Director, within ten (10)
calendar days after the incident or occurrence or an employee's knowledge of the incident
or occurrence unless the District knowingly prevents employee from discovering the
incident.
If the employee is not satisfied with the decision made, the employee may file a
Step 2 grievance in writing.
The following shall be considered non-grievable:
1. All job assignments normally performed within a classification, which are in
dispute, shall be resolved through the recognized Union Business Agent and
the Department Manager.
6
2. All items clearly stated in the Memorandum of Understanding unless specifically
violated.
3. All items clearly stated in the Civil Service Rules and Regulations unless
specifically violated.
Only a Manager or Director may determine that a grievance is non-grievable, but
must do so in writing explaining the MOU issue or Civil Service Rules that applies:
1. The employee's overall rating is either "Needs Improvement" or "Unsatisfactory
Performance".
2. Any individual category in the employee's performance review is unsatisfactory.
If an employee receives either an "Unsatisfactory Performance" or "Needs
Improvement" rating, he/she shall be given a detailed explanation on the performance
review form why the employee was unsatisfactory, what areas need improvement, and
what steps need to be taken to improve his work performance. It is understood that a
supervisor has the responsibility to coach throughout the year, on issues that lead to
"Unsatisfactory Performance" or "Needs Improvement."
Employees will be allowed, within five (5) workdays of the supervisor's review, to
submit written comments for attachment to his/her performance appraisal.
Step 2. Within ten (10) calendar days after receiving the Supervisor's decision, the
employee may submit a written grievance to the Division Manager, explaining in detail
why the reply in the previous step was unsatisfactory. The grievance should include the
following information:
a. Employee name, classification title, department;
b. Immediate Supervisor's name, date complaint was discussed with immediate
supervisor, date of reply from immediate supervisor;
c. Statement of Grievance: Date, approximate time and location of occurrence
causing grievance, explanation of what occurred and who was involved;
d. Remedy sought;
e. Employee signature, date submitted to Division Supervisor;
f. Name of employee representative if one is designated by the employee.
The Division Manager may resolve the grievance by administrative action, or a
meeting may be held with the employee, the designated employee representative, and
the Division Supervisor. His decision will be submitted to the employee in writing within
ten (10) calendar days following receipt of the grievance.
Step 3. Within fourteen (14) calendar days after receiving the manager's decision,
the employee may submit the grievance to his Department Director, explaining why the
grievance was not resolved in Step 2. The Department Director will be allowed fourteen
(14) calendar days to resolve grievance. A meeting with the employee and any desired
7
employee representative is required in this process unless the grievance will be resolved
in the employee's favor. If the Union Business Agent has not been involved in the Step 3
meeting, the matter will be discussed with the Union Business Agent before a decision is
reached.
The Department Director shall render a decision in the matter and notify all parties
in writing within the time frames listed above.
Step 4: Except as provided otherwise hereinabove, all matters subject to the
grievance procedure that have not been resolved in the prior steps may be submitted by
the Union, upon timely request, to Binding Arbitration as follows:
1. The Union shall request a panel of seven (7) arbitrators from the Federal
Mediation and Conciliation Service, Washington, DC. Arbitrators shall be limited to
persons having an office within Eastern Missouri, Southern or Central Illinois. Within
seven (7) calendar days after receiving the list, the parties' panel members shall
alternately strike names from the list provided until there remains a single person who will
be deemed acceptable by both parties.
2. The arbitrator selected must agree to hold a hearing on the grievance within
thirty (30) calendar days after being notified of his appointment, or another arbitrator from
the arbitration panel list who is available within thirty (30) calendar days shall be
appointed instead, said Arbitrator to be determined in reverse order from the order in
which their names were stricken from the panel.
3. The District and the Union will alternate as to the order in which they strike
names from the panels provided for a grievance, i.e. the party that strikes first from one
arbitration list shall strike second from the next panel submitted. The parties shall similarly
alternate as to the first strike in each new grievance submitted to arbitration.
4. The arbitrator may accept for arbitration and render a decision on only such
subject matters as are subject to the grievance procedure under this Agreement. The
arbitrator shall have no power to add to, subtract from, or to modify any terms of this
Agreement, any civil service rule or regulation, or any ordinance or policy of the District.
5. Either party may submit a memorandum to the arbitrator at the hearing.
Post -hearing briefs shall be permitted only if requested by the arbitrator. The rules of
evidence shall not strictly apply and hearings shall be conducted informally in accordance
with the practices and procedures customarily followed in labor arbitration to the extent
applicable. There shall be no official transcript, of the proceedings except by mutual
agreement, but either party may tape record the proceedings or have a court reporter
present at its own expense.
6. The arbitrator shall issue his/her final decision within ten (10) calendar days
thereafter.
7. The Arbitrator final decision shall be submitted to the Department Director; the
decision shall be final and binding in that grievance.
8
8. The arbitrator's fees and expenses shall be paid by the losing party in the
arbitration proceeding. If the arbitrator sustains a grievance in part, he/she shall
determine the appropriate allocation of said fees and expenses.
9. Grievance meetings and arbitration proceedings will normally be held between
the hours of 7:00 a.m. and 6:00 p.m. However, if circumstances require, the District or the
arbitrator may schedule meetings and arbitration proceedings at other times.
Unless the District determines that an employee's absence will unreasonably
interfere with the work at MSD or the schedule of that work, employees may attend
meetings and hearings pertaining to labor-management issues (including grievances)
during scheduled work hours. While attending such meetings, employees will be paid at
the same rate they would have been paid if they had been performing job duties.
Provided, however, that employees will not be paid for attending such meetings when
attendance occurs outside the employee's scheduled work hours.
A grievance shall be considered settled at the completion of any step in the
procedure if it is not processed by the employee to the next step within the prescribed
time limit. However, in the event of the unavailability of an individual during the processing
of a grievance, the time limits provided in Steps 2 and 3 may be extended by mutual
agreement between the District, the employee and/or employee representative.
In the event District management fails to process a grievance to the next step
within the prescribed time limits, the grievance shall be automatically moved to the next
step of the grievance procedure. Step 3 of the grievance procedure will be followed.
The filing of a grievance, or the intention to file, does not relieve an employee in
any way of his responsibility to perform any and all of his assigned duties promptly and
completely.
Nothing in this procedure shall be construed to replace the rights of employees to
Appeals as provided in the Civil Service Rules and Regulations, Rule 15.
An employee shall have the right to be represented by his designated Union
representative at all steps of the grievance procedure.
ARTICLE VI - PROGRESSIVE DISCIPLINE
Discipline within the District shall be for just cause for violation of various rules and
regulations and shall be progressive in nature.
An employee representative will not be required during informal discussions and
counseling between an employee and his immediate supervisor provided no progressive
discipline results from said discussion and/or counseling sessions or unless another
supervisor or management member is brought into the discussion.
The standardized progressive discipline procedure requires:
1. Oral Reprimand (will only count for six (6) months in the progression);
9
2. Written Reprimand (will only count for one (1) year in the progression);
3. Three (3) Day Suspension (will only count for one (1) year in the progression);
4. Ten (10) Day Suspension (will only count for two (2) years in the progression);
5. Dismissal.
This will apply for all violations except for those serious enough to warrant
immediate suspensions or dismissal. An example of such actions could be:
1. Fighting, except in self-defense;
2. Insubordination;
3. Theft or attempted theft;
4. Falsification of District records or falsification of material fact in application for
employment or examination;
5. Bringing weapons onto District property;
6. Drinking alcoholic beverages on duty;
7. Having alcohol or drugs in one's system in violation of the District's Substance
Abuse Policy.
10
Appeals From Adverse Actions
A regular employee in the classified service who shall be discharged, demoted, or
suspended without pay shall be presented with written reasons for such discharge,
reduction, or suspension within five (5) days thereafter. The employee may appeal in
writing to the Civil Service Commission within fifteen (15) days of such action. If the
Commission finds that the employee was discharged, demoted, or suspended without just
cause or because of his race, creed, or color, or because of his political, religious, or
Union opinions or affiliations, except affiliations with any group or organization which
seeks or advocates the overthrow of the government of the United States by force or
violence, such employee shall be reinstated in his/her former position or a position of like
status and pay and shall be reimbursed for any loss of pay.
ARTICLE VII - SENIORITY
Seniority for regular employees of the District shall be credited from the last date of
entering service with the District; however, if two employees have the same seniority,
then the employee with the earliest application shall be considered the senior employee.
Regular employee is defined as: "An employee who has been appointed to a position in
the classified service in accordance with Civil Service Rules and has successfully
completed his/her original appointment probationary period." Seniority means continuous
service with the District reduced by layoffs, special leaves and any leave greater than 28
days. Regular employees who leave the District and who are reinstated to their former
class within two years shall be credited with the amount of continuous service they had
when they left the District for purposes of computing seniority, sick leave, and vacation
accrual. A seniority list of employees will be made available to the Union.
ARTICLE VIII - APPLICATION OF SENIORITY
The District will give strong consideration to the seniority of regular employees in
the following instances:
I. Employees with greater continuous service shall have first choice for
selection to vacation time within their classification and department work
location. However, if a vacation schedule has been established, the senior
employee may not displace a less senior employee who had already been
granted the vacation time. If an employee is reassigned or promoted to
another location, who had already been granted vacation time, his/her name
will be placed on the vacation schedule of the new location for that same
time period.
I I. In general, the District retains the right to reassign employees in the best
interest of the District. However, if a particular reassignment falls within the
types of reassignments described below, the District will follow these
procedures
11
A. District Initiated Reassignments (For Operations Department Only)
1 If one employee volunteers for such reassignment, he/she will
be reassigned.
2. If more than one (1) employee volunteers, the District will
reassign on the basis of highest seniority.
3. If no employee volunteers, the District will reassign on the basis
of lowest seniority.
4. In special circumstances, the Appointing Authority can override
a reassignment. Before taking such action, a conversation must
take place between the Appointing Authority and the Business
Agent.
B. Employee Initiated Reassignments
After the District has posted a notice to develop an eligibility list, the
District will apply the following rules when these conditions exist for
employees:
1. Within the same job title,
2. When a reassignment was requested to the location within the
prior twelve (12) month period but prior to the issuance of the
Certification for a current vacancy, and
3. When an overall rating of "Proficient" on their last performance
review was achieved, then:
a. If one employee volunteers for such reassignment, he/she
will be reassigned.
b. If more than one (1) employee volunteers for such
reassignment, the District will reassign on the basis of
highest seniority.
c. If no employee volunteers, the District will reassign on the
basis of lowest seniority.
d. In special circumstances, the Appointing Authority can
override a reassignment. Before taking such action, a
conversation must take place between the Appointing
Authority and the Business Agent.
The provisions of Subparagraph (a) above apply to reassignments of
more than six (6) months duration in which the employee moves from
one location to another location within the same department.
I I I . In the event of promotions (to positions represented by the Union)
where all factors are substantially equal, seniority will prevail.
For promotional interviews (to positions represented by the Union),
the panel shall consist of at least one Department of Human
Resources representative and one Union appointed supervisor.
IV. Whenever possible and in the best interest of the District, overtime
shall be distributed equally among those employees in the
department, or other organizational unit, qualified to perform work
12
required. Where overtime hours are equal within the appropriate
group, seniority will be the tiebreaker in selecting the employee to
work.
ARTICLE IX - HOLIDAYS
The District shall observe the following paid holidays:
New Year's Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Special Holidays
January 1St
Third Monday in January
Third Monday in February
Last Monday in May
July 4th
First Monday in September
As designated
As designated
As designated
December 25th
Other days designated by the Executive
Director and approved by the Board of
Trustees.
In addition, employees who have completed their original probationary periods are
entitled to two (2) paid Personal Holidays, which must be scheduled and approved in
advance. Employees working rotating shifts must submit such request at least seven (7)
days in advance of the date requested in order to allow adequate time for scheduling of
work.
Holidays which fall on Sunday shall be observed on the following Monday, and
those which fall on Saturday shall be observed on the preceding Friday. Holidays shall be
considered as time worked for the purpose of computing overtime.
In order to receive pay for a holiday, the employee must be in an authorized pay
status on both scheduled workdays immediately preceding and following the holiday
observance.
Employees who are required to work holidays shall receive holiday pay, and in
addition, shall be paid one and one-half times their regular rates of pay for the time
worked.
13
ARTICLE X - VACATION
Accruing of Vacation
An employee is eligible for vacation leave after successful completion of his/her
initial probationary period. Regular full-time employees in the classified service shall
accrue vacation in accordance with the following chart:
Length of Service
❑ Less Than 5 Years
❑ 5 Less Than 10 Years
❑ 10 Less Than 20 Years
❑ 20 Or More Years
Annual Accrual
10 Days
15 Days
20 Days
25 Days
Maximum
Accumulation at
End of Payroll Year
30 Days
35 Days
40 Days
45 Days
Vacation schedules shall be established by the directors.
Granting of Vacation Leave
1. Vacation leave must be scheduled and approved in advance.
2. Employees must submit vacation leave requests no later than the close of the
employee's workday immediately preceding the vacation period provided;
however, employees eligible for shift differential must submit vacation leave
requests at least four (4) calendar days in advance of the starting date of the
vacation period. However, shift employees may be granted a personal
emergency vacation day, if requested before the start of the shift, and in such
cases every attempt should be made to request the emergency vacation day as
early as possible
3. Vacation leave shall be granted in increments of half workdays, full workdays or
hourly increments. The directors or designees may grant requests for hourly
increment vacation leave. Such requests are contingent upon operational and
scheduling needs, and if a department, division, office or any other
organizational unit is adversely affected by the excessive use of such hourly
increment vacation leave, request for vacation leave of less than one-half (1/2)
workday may be denied. In order that hourly increment vacation leave is not
used to avoid tardiness, an employee must be present at work to request hourly
increment vacation leave. Said request must be made in person to the proper
authority. Employees cannot call from _a remote location to request hourly
increment vacation leave at the beginning of a workday.
After the initial one -hour increment, vacations can be taken in 0.1 -hour
increments.
4. The directors or designees may grant Emergency Vacation not to exceed three
(3) workdays (or four (4) workdays for employees who are eligible for shift
14
differential) in any calendar year when an employee submits a request for
vacation upon based upon a substantial emergency such as:
a. An approved illness for which the employee has no accrued sick leave.
b. Snow or ice conditions which prevent an employee from reporting for work.
c. Any other conditions beyond the employee's control which may constitute an
emergency.
ARTICLE XI - SICK LEAVE
Purpose
The purpose of this policy is to provide uniform procedures for the administration of
paid sick leave provided under Civil Service Rules and Regulations.
Eligibility
All classified employees occupying regular full-time positions in the District service
shall, upon completion of three (3) months service, accrue sick leave to provide
compensation for absences due to bona fide illness. Sick Leave Accrual
Rate of Accrual
Upon completion of three months of service, covered employees shall accrue sick
leave based upon completed months of continuous District service.
The sick leave accrual is as follows:
District Service
Up to 5 years
5 to 20 years
20 years or longer
Responsibilities
Accrual Rate
10 days per year
11 days per year
12 days per year
A. Department Head Responsibilities
Paid sick leave is a privilege and is to be granted only when and to the
extent necessary. Department Heads are responsible for maintaining
accurate attendance records and establishing internal controls necessary to
implement this policy and to prevent abuse of the sick leave privilege.
B. Employee Responsibilities
Employees are responsible for providing timely notifications of absence and
for furnishing requested documentation of the need to utilize sick leave.
15
Administration
Payment of sick leave will be made for absences due to medical or dental needs of
the employee or a member of the employee's family, as defined in the "Illness in Family"
section of this article.
1. To qualify for paid sick leave, the employee must notify the supervisor as soon
as possible as the employee is aware of a pending absence. If advanced
notice cannot be given, the employee must notify the supervisor before the
regular scheduled starting time of the normal workday. During this
conversation, the employee must tell the supervisor of the approximate
duration of the absence.
2. An employee who leaves work during the day due to illness may have this
time charged to sick leave, if there is compliance with other sections of the
policy.
3. For medical or dental appointments during a normal workday with notice at
least the day before, the employee may use up to four (4) hours of sick leave.
4. Sick leave for individual days or for three (3) consecutive days or less will not
require verification from a licensed physician or medical provider, unless the
employee has demonstrated a pattern of excessive usage.
5. Sick leave for time in excess of three (3) consecutive days requires a written
verification of disability from a licensed physician or medical provider. This
verification of disability must be presented to the employee's supervisor upon
return to work.
6. Upon request, if an employee fails to provide complete and accurate
verification of the sick leave, then sick leave payment may be denied.
7. No sick leave payments will be made if the employee is incapacitated as a
result of working for another employer.
Illness in Family
The appointing authority may grant sick leave to an employee for the purpose of
caring for a relative who resides in the employee's household if such care is necessary
and if no reasonablealternative care is available. Administrative Rules Numbers Four (4)
and Five (5) stated above will apply to illness in Family.
For a long-term serious FMLA certified illness with duration of greater than fourteen (14)
consecutive days, and if all but one (1) week of vacation time is exhausted, the employee
may use accrued sick leave to care for a relative who resides in the employee's
household. Use of sick leave is limited to 30 days in duration. No sick leave payments
will be made for leave that is approved under the Family and Medical Leave Act for a
relative residing in the employee's household except as provided for in this section.
Control of Sick Leave
Reasonable control measures are necessary to prevent abuse of sick leave
privilege and to insure equality of treatment for all employees.
16
Sick leave utilization will be audited. An employee will be subject to discipline for
excessive use if the employee has an established pattern of use. Employees using five
(5) days or more will receive counseling on the sixth (6th) occurrence. On the seventh
(7th) occurrence progressive discipline will begin starting with an Oral Reprimand.
Good Attendance
As an award for good attendance, employees who are absent three (3) days or
less each payroll year shall receive a floating holiday the following year. Absences for jury
duty with pay, funeral leave with pay, vacation with pay, family medical leave (whether or
not substituted with other leave), military leave with pay, and paid holidays are not to be
included in computing the above three days. However, time charged to Workers'
Compensation or job injury is considered absenteeism in computing eligibility for the
floating holiday.
In calculating small amounts of sick leave or tardiness without pay, such absences
should be disregarded so long as the accumulated amount for the year does not exceed
two hours over the three days.
Employees hired during the payroll year will be eligible for the floating holiday on
the following basis:
Maximum
Days Absent
Employees hired on first day of payroll year 3
Employees hired second day through March 31 2
Employees hired April 1 through August 31 1
Employees hired after August 31 Ineligible
Perfect Attendance
Employees shall be eligible to receive an additional floating holiday the following
year for perfect attendance. Absences for jury duty with pay, funeral leave with pay,
vacation with pay, military leave with pay, and paid holidays are not to be included in
computing the additional floating holiday.
To be eligible the employee must be on the payroll for the preceding full payroll year.
(Note: payroll year begins with the first full pay period for the first paycheck in the new
calendar year.)
17
ARTICLE XII - OTHER PAID LEAVE
Leave Due to Death
When a death occurs within an employee's immediate family, he/she may request
paid leave in accordance with this paragraph. Upon approval of his/her appointing
authority, an employee may receive such leave which shall not exceed four (4) workdays
(a maximum of thirty-two [32] hours) within the fourteen (14) day period commencing with
the day of death.
Under the Civil Service Rules and Regulations, Section 1 Definitions, "Immediate
Family" is defined as:
IMMEDIATE FAMILY -- An employee's spouse, children, stepchildren,
grandchildren, parents, stepparents, father-in-law, mother-in-law, sister,
stepsister, brother, stepbrother, grandparents, and other relatives residing within
the employee's household.
Leave for Voting
On any day in which a public election is held, employees who are registered to
vote at such election shall be granted time off from work with pay for the purpose of voting
as follows:
1. Employees shall be allowed to report for duty three (3) hours after the opening
of the polls; or
2. Employees shall be allowed to leave duty three (3) hours before closing of the
polls; or
3. For scheduling purposes, employees may be allowed to be absent from duty
during working hours for a specified period of time, not to exceed three (3)
hours, if approved by the Department Director or authorized representative.
Time off for voting must be requested prior to the day of election.
Jury Leave/Witness Pay
All regular employees shall be allowed leave with pay for absence required for jury
duty. The employee is required to notify his supervisor immediately upon receiving
notification for jury duty, and to submit proof of attendance to be entitled to jury leave pay.
In the event an employee who is not a party to the litigation is subpoenaed to
appear in a court of record as a witness, such employee shall be allowed leave with pay
for the time he is required to attend court (the employee is required to submit proof of
attendance to be entitled to witness pay).
18
ARTICLE XIII - OVERTIME
Whenever possible, and in the best interest of the District, overtime shall be
distributed equally among those employees in the department, or other organizational
unit, qualified to perform work required. Where overtime hours are equal within the
appropriate group, seniority will be the tiebreaker in selecting the employee to work.
The District will accept suggested changes to procedures from the Union and/or
employees at each location for the formulation of equal distribution of overtime in
accordance with Civil Service Rules. Final decision on overtime procedures will remain
with District management. There shall be no monetary remedy to an employee because
of improper overtime selection unless such violations are both intentional and repeated.
Furthermore, no monetary remedy shall exceed the amount the employee would have
received if overtime had been properly distributed.
The scheduling of overtime work may be required to meet specific work demands.
Employees assigned to positions in salary Schedule A (Clerical and Administrative) or
salary Schedule B (Labor and Trades) are eligible for overtime pay. Authorized work
performed by such employees in excess of forty (40) hours per week or unless provided
otherwise in an approved revised work schedule, eight (8) hour per day is paid at one and
one-half times the employee's regular rate of pay.
For purposes of determining overtime hours worked, the employee's regularly
scheduled starting time will constitute the beginning of the 24 -hour work day, and all work
performed in excess of eight hours within the 24 -hour period will be considered overtime
hours worked. However, the start of the workday may be changed under certain
circumstances when agreed to by the employee and his supervisor. Within any 24 -hour
period, if an employee receives overtime for working a scheduled shift, a non-scheduled
shift or a holiday, the employee will only be compensated at the regular rate of pay upon
working his/her regular shift. For the purpose of administering this provision only, an
employee's starting time on his/her days off will remain the same as the last scheduled
day, and shall remain fixed until the employee begins a new schedule (See Page 32 on
Shift Differential).
Paid vacation hours, funeral leave, approved sick leave hours, excused excessive
overtime hours and workers' compensation hours are considered time worked in
determining an employee's eligibility for overtime pay.
When a holiday falls on an employee's regularly scheduled work day and the
employee is eligible for holiday pay, those holiday hours paid are credited toward the
weekly total in determining eligibility for overtime pay for that week.
On the other hand, if an employee is required to work on a holiday, the employee
will receive eight (8) hours holiday pay, and be paid time and one-half for the actual hours
worked. The holiday hours paid are credited toward the weekly total in determining
eligibility for overtime pay for that week.
Employees who are regularly scheduled to work Easter Sunday will be paid double
time for the actual hours worked.
19
Whenever possible, overtime shall be distributed equally among those employees
in the department or other organization unit qualified to perform work required. It is
understood that in the case where employees are working on a job that continues into
overtime, that continuity of the work will take priority over equal distribution.
While performing a job and having obtained twelve (12) working hours, this current
assignment should be completed; and then a Standby Crew should be called.
Employees will be allowed to decline overtime in excess of twelve (12) hours
except in the case of an emergency. For those employees willing to work ; they will be
allowed to work up to sixteen (16) hours at the standard overtime rate.
ARTICLE XIV - TEMPORARY LIGHT DUTY
If an employee is injured on the job and the impairment does not arise to the level
of a disability, and because of such impairment the employee is not able to perform
his/her regular duties in accordance with the District's job injury procedure, such
employee will be assigned to light duty at no loss of pay so long as work remain available.
ARTICLE XV - DISABILITY
An employee may be separated from the District service for disability when he/she
cannot perform the essential job functions with reasonable accommodation or when the
accommodation would impose an undue hardship on the operation of the business of the
District.
ARTICLE XVI - JOB ASSIGNMENT
Employees will not be assigned to positions unless they meet the minimum
qualifications of the positions. This does not apply to employees who are in District
Training Programs, or who are receiving departmental cross training.
ARTICLE XVII - MEDICAL PLAN
The District will provide hospitalization and medical insurance for all employees.
The District will contribute toward the cost of coverage as outlined in the following:
A) As long as the medical costs for Employee -Only coverage remains below
the threshold, the District will continue to pay 100%. The threshold is set at
$434.04 under the terms of the last MOU. When the cost of the Employee -
Only coverage exceeds the threshold, the employees will pay the amount of
the increase above the threshold up to 10% of that year's premium amount.
B) District pays 75% of cost for dependent coverage.
C) Retirees that qualify for Rule of 75 or age 62-65 may elect Employee -Only
coverage at the active Employee -Only co -payment as described in "A"
20
above. Retirees may purchase dependent coverage at the rate of the cost
of the monthly premium.
See Pension Plan Summary of Benefits Supplement for medical insurance benefits
for all retired employees.
The hospitalization and medical insurance will be contracted by the District after
conferring with the Unions on the benefits and costs for such programs. Before
presenting periodic modifications to the plan to a subcommittee of the Board, the District
will notify the Unions a minimum of three weeks before to discuss these plan
modifications.
ARTICLE XVIII - WORKERS' COMPENSATION
Employees are entitled to benefits as provided by the Workers' Compensation Law
of the State of Missouri.
If an employee is injured on the job, and because of such injury is unable to
perform his/her regular duties in accordance with the District's job injury procedure, the
employee is entitled to benefits as provided by the Workers' Compensation Law of the
State of Missouri.
Employees may elect to use either accumulated sick leave or vacation if available
to supplement Workers' Compensation pay, in order to receive full pay during the injury
period.
If an employee elects to use his/her sick leave or vacation as a supplement, he/she
will be charged only the pro -rated number of hours needed. Supplemental sick leave and
vacation hours are taxable.
If the injury exceeds fourteen (14) days as prescribed by current law, the employee
will be paid for the first three (3) days of the job injury at the Workers' Compensation rate.
If an employee has elected to use either sick leave or vacation leave for these first three
(3) days, no adjustment or reinstatement of the time will be made.
21
ARTICLE XIX - PROBATIONARY PERIOD FOLLOWING
DEMOTION OR TRANSFER
The transfer or demotion of an employee may require a probationary period;
however, such probationary period will not affect his status as a Civil Service employee of
the District.
ARTICLE XX - PERSONNEL RECORDS
The Director of Human Resources shall maintain a master personnel file on each
employee. If the employee wishes to review the contents of his/her file, he/she can make
arrangements to do so by appointment on his/her own time. An appointment form can be
obtained from the Human Resources Department.
ARTICLE XXI - FAILURE TO REPORT TO WORK FOR THREE DAYS
Any employee, who fails to report to work for three (3) or more consecutive days
without notice, unless he has good cause or reason for failing to provide such notice, will
be considered as having quit or resigned.
ARTICLE XXII - SAFETY COMMITTEE
Safety committees will be established composed of representatives from the
appropriate bargaining units and management.
ARTICLE XXIII - SAFETY
The District will issue a new Safety Manual in fiscal year 2011. The District will
provide safety training on a bi-monthly schedule or as deemed necessary.
First Aid and CPR Training will be provided annually, at District expense, to
approximately one-fourth of the District's work force.
Employees should bring all hazardous working conditions to the attention of the
employees' supervisor. If the supervisor needs a second opinion on a particular situation,
the supervisor will contact the District's Safety Division.
The District proposes to place and maintain emergency oxygen units at District
manned facilities and in crew vehicles with two or more employees.
First Aid and CPR Training will be expanded to cover Hazardous Material Training.
ARTICLE XXIV - SAFETY EQUIPMENT
To improve safety and reduce accidents, the District will contribute towards the
purchase of authorized (ANSI approved) safety equipment for employees designated by
the District's Risk Management Division:
22
Maximum Paid by MSD per Year
July 2010 — June 2011 $200
July 2011 — June 2012 $200
July 2012 — June 2013 $200
Safety equipment must be purchased from authorized vendors. With the purchase
of safety shoes, other items as defined by the District may be purchased to spend the
yearly amount as long as there is only one receipt submitted for the sale.
It is mandatory that safety shoes be worn in conformance with the District's
Footwear Safety Policy.
Safety glasses may also be purchased from this allowance.
ARTICLE XXV - ATTENDANCE RECORD
An employee may view his/her attendance record through the Employee Self -
Service feature of the Oracle software programs.
ARTICLE XXVI - RESIGNATION
In order to resign in good standing, an employee must give the appointing authority
at least fourteen (14) calendar days prior notice; however, the notice may be waived by
the appointing authority due to extenuating circumstances.
ARTICLE XXVII - RULES AND REGULATIONS
The District will furnish to each shop steward a copy of the current Civil Service
Rules and Regulations. In addition, official policy statements, which affect working
conditions of the represented groups, will be furnished as they are published. Except in
emergencies, the District will confer with the appropriate Union in a good faith effort to
reach an understanding to effectuate any change or modification in Regulations or
policies. In addition, all employees may view such documents on the District's intranet.
ARTICLE XXVIII - PENSION PLANS
An employee of the District hired prior to January 1, 2011 becomes a member of
the defined benefit pension plan who works at least 1,000 hours per year and is in the
classified service according to Civil Service Rules (or who is in the unclassified service).
An employee of the District hired after December 31, 2010, or an employee with
less than ten (10) years of service as of this date who voluntarily elects to participate by
filing a timely election notice, becomes a member of the defined contribution retirement
plan. This plan consists of an annual District Basic Contribution of 7% of covered wages
and a District Matching Contribution of 50% on an employee's Voluntary Savings
Contribution of the first four (4) percent placed into the Plan.
23
Please refer to the District ordinances for specific plan provisions.
The Board of Trustees of the District will review the pension plans annually in the
fourth quarter of each calendar year. The purpose of the annual review shall be to
determine if an adjustment in such post retirement benefit increases is appropriate taking
into consideration all of the relevant facts and circumstances applicable to the pension
plans and to the District.
ARTICLE XXIX CELL PHONE / STAND BY ASSIGNMENT
The District will enter into a lease agreement with a phone service company to
supply a cell phone to each employee assigned to a standby crew or work group within
the District. The cell phones will be rotated from one standby crew to another in sequence
to the established rotation schedule.
The employees who are assigned to standby duty are responsible for the
assurance that the cell phone units are operative and properly functioning. Personnel on
assigned standby duty shall be responsible for being available for call at a phone number
designated by the employee in accordance with Civil Service Rules and Regulations.
Each member of an assigned standby crew or work group is responsible for
obtaining and securing a cell phone from a member of the crew or work group that
preceded them on assigned standby duty. This shall be done on the employee's time and
shall not interfere with, or disturb, the daily operations of the employee's work schedule.
ARTICLE XXX - ALTERNATIVE WORK SCHEDULES
The District will continue to review alternative work schedules, which do not result
in regular payment of overtime (including rotating shifts, straight shifts or swing shifts) for
shift workers.
ARTICLE XXXI - DENTAL
The District will contribute $10.00 per month toward the cost of employee dental
insurance for the duration of this MOU.
ARTICLE XXXII - VISION PLAN
The District will contribute $100.00 per fiscal year (July 1 through June 30) toward
the cost of employee prescription eyewear for the duration of this MOU. Employees may
use $100.00 annually or may carry over unused dollars for a maximum of three years or a
maximum of $300.
This benefit may be used towards the payment of Lasik eye surgery or comparable
medical eye surgery.
The District will provide prescription safety glasses on a bi-annual schedule to
employees working in positions that require safety glasses.
24
ARTICLE XXXIII - PERFORMANCE REVIEWS
If an employee received either an "Unsatisfactory" or "Needs Improvement" rating,
he/she shall be given a detailed explanation on the performance review form why the
employee was unsatisfactory, what areas did not fully meet job expectations, and what
steps need to be taken to improve his/her work performance. The District will provide the
employee with a copy of the performance review at the time of the review. An employee
who receives an overall rating of "Unsatisfactory" may meet with his/her Supervisor
and/or Manager, and the Shop Steward and Business Agent, for the purpose of
discussing the performance review.
Employees may submit written comments pertaining to the performance review that
will be attached to this review.
Employees within the bargaining units with a "Proficient" or above performance
rating, who are currently not at the top step, will receive a step increase at the time of
their next scheduled wage increase date.
Incremental pay increases are not guaranteed. Pay increases are subject to
changes in the Memorandum of Understanding. The District reserves the right to make
changes to the pay plan and incremental pay increases as outlined in Civil Service Rules
and Regulations and as directed by the Board of Trustees. Any such changes may affect
when and how these increases are administered.
25
ARTICLE XXXIV- CONDITIONS AND DURATION OF MEMORANDUM
The Charter, Civil Service Rules and Regulations or Ordinances of the District will
prevail in the event there is a conflict between this Memorandum and the laws and
regulations of the District.
This Memorandum of Understanding shall remain in full force and effect
commencing on the date of signing and ending on the 30th day of June 2013.
By
706.d
effrey L. Theerian
Metropolitan St. Louis Sewer District
By
Eric Moore
American Federation of State, County and Municipal Employees,
ASCME Council 72/Local 410
26
ARTICLE XXXV - STEP / MERIT INCREASES
Employees within the bargaining units with a "Proficient" or above performance
rating, who are currently not at the top step, will receive a step increase at the time of
their next scheduled wage increase date in Fiscal Year 2012 (beginning July 1, 2011).
Incremental pay increases are not guaranteed. Pay increases are subject to
changes in the Memorandum of Understanding. The District reserves the right to make
changes to the pay plan and incremental pay increases as outlined in Civil Service Rules
and Regulations and as directed by the Board of Trustees. Any such changes may affect
when and how these increases are administered.
To address general and merit wage increases in years two and three, this
agreement provides for the opening of the MOU in April 2011.
ARTICLE XXXVI - WAGE PROVISIONS
Shift Premium Pay
An employee who is regularly assigned to work on a shift basis shall be paid as
follows: (1) employees on the second shift shall receive premium pay at the rate
equivalent to five (5) percent above the normal rate for time worked on the second shift;
(2) employees on the third shift shall receive premium pay at the rate equivalent to ten
(10) percent above the normal rate for time worked on the third shift.
Higher Skills Rate of Pay
An employee eligible for membership in SEIU No. 2000 regularly assigned to work
on a shift basis who is temporarily assigned for a minimum of two (2) hours or longer to a
vacancy in a higher -rated Schedule "B" classification shall receive, for the duration of
such assignment, a higher -skills rate of one increment or the minimum rate of such higher
class, whichever is greater.
Higher skills rates may, when approved by appointing authorities, be paid to other
employees temporarily assigned to higher -rated Schedule "B" classifications in
accordance with the applicable Civil Service Rules and Regulations.
Compliance with Civil Service Rules
Nothing in this ordinance shall be construed to authorize the increase of an
employee's salary rate to a level higher than the range to which the employee's
classification is assigned, or to conflict with the Civil Service Rules and Regulations, or to
District Policies and Procedures.
27
INDEX
Alternative Work Schedule 24
Application of Seniority 11
Attendance Record 23
Cell Phones / Standby Assignment 22
Conditions and Duration of Memorandum 26
Dental 24
Disability 20
Dues Check Off 4
Failure to Report to Work for 3 Days 22
Holidays 13
Job Assignment 20
Management Rights 5
Medical Plan 20
Other Paid Leave 18
Overtime 19
Pension Plans 23
Performance Reviews 25
Personnel Records 22
Probationary Period Following Demotion or Transfer 22
Procedure for Handling Employee Complaints 6
(Grievance Procedure)
Progressive Discipline 10
Recognition 4
28
Index (Cont'd)
Resignation 23
Rules and Regulations 23
Safety Committee 22
Safety 22
Safety Equipment 22
Seniority 11
Sick Leave 15
Step / Merit Increases 27
Temporary Light Duty 20
Union Activities 5
Union Recognition 4
Vacation 14
Vision Plan 24
Wage Provisions 28
Workers' Compensation 21
29