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HomeMy WebLinkAboutMinutes - City Council - 02/24/1982CITY COUNCIL SPECIAL MEETING FEBRUARY 24, 1982 The South Burlington City Council held a special meeting on Wednesday, February 24, 1982 at 8:15 P.M. in the Mini-Conference Room, City Hall, 575 Dorset Street. Members Present Chairman Paul Farrar, Michael Flaherty, William Burgess, Howard Perkett Member Absent Hugh Marvin Other Present William Szymanski, City Manager; David Minnich, Asst. City Manager; Gil Myers, Attorney for the Union; Leo Rich, Union President; Kenneth Dattilio, Everett Tatro, Gary Rounds, Larry Ducharme, Albert Audette, Highway Dept. Supt.; and a reporter for The Other Paper. Chairman Farrar called the meeting to order at 8:15 P.M. Meet with Highway Department Association to review Union Contract It was agreed that the proposed contract will be to June 30, 1983, with Mr. Myers coming back in a few weeks with a proposal, dealing with monetary items only. The counter proposal prepared by David Minnich, dated February 23, 1982, to Gil Myers was then reviewed. (copy attached to these Minutes). Article VII, of the bargaining unit draft, dated and received by the City on February 10, 1982, the last paragraph the reference to shift work was not necessary since there are no shifts in the street department. The following revisions as per David Minnich's letter, were approved. Article VII, (last sentence) Article X, (third paragraph) Article XV, Section 10, (last sentence) Article XV, Section 11 Article XV, Section 13 Article XVII, (last sentence) Article XVIII, Section 1 (b) Article XVIII, Section 1 (d) Article XIX, (first paragraph) Article XXIII, Section 4 Article XXIII, Section 6 Article XXIII, Section 11 Article XXV, Section 1 Article XXV, Section 8 Article XXVI, (last sentence) Article X, (second paragraph) was approved as proposed except that "eight (8) hours" to read "FOUR (4) HOURS". Article XIII, Section 6 - to be left in this Article, but deleted in Article XII, Section 5. Article XIII, Section 7, (first paragraph) approved as written. Article XIV, Section 1, the following sentence to be added "THIS SHALL NOT BE VARIABLE BY INDIVIDUAL MEMBERS" Article XV, Section 8, to remain the same as in draft submitted to the City on February 9, 1982. Article XV, Section 9, to read "IN ORDER TO INSURE THE EQUAL OPPORTUNITY FOR OVERTIME WORK, ALL OVERTIME WILL BE OFFERED ON THE BASIS OF SENIORTY AMONG PERSONS QUALIFIED WITHIN THE DEPARTMENT." Article XXVII, (second and third paragraphs). It was agreed that the contract be for a period of two (2) years commencing July 1, 1981 and ending June 30, 1983 with economic issues negotiated in the year 1982. Mr. Myers is to rewrite this Article. Article XIV, Section 2, was discussed and it was pointed out that the language as in the February 9, '82 draft resulted in less compensation for holidays than the language in David Minnich's draft, which was the present payment practice. The bargaining unit stated that they are requesting payment at two (2) times their regular rate plus payment for the holidays or three (3) times. They are currently getting this rate only for Thanksgiving, Christmas and New Year's. The Council requested that they come in with this proposal in their economic package for 1982. After a caucus the unit returned and accepted the language as in David Minnich's memo. The meeting was adjourned at 9:45 P.M. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL.(802)863-2892 OFFICE OF ASWANT CITY MANACM DAVID E. MINNICH February 23, 1982 Mr. Gilbert Myers Myers and Gobin, Attorneys at Law, Inc. 26 Railroad Avenue P.O. Box 123 Essex Junction, Vermont 05452 Dear Gil: I, The City Council has reviewed the February 9, 1982 draft of the Highway Department Union Contract. We desire to discuss with you and the union representatives, at least, the following suggested revisions: I Article VII (Second & third paragraphs to read): I * "Seniority shall prevail with regards to overtime. One week of vacation time will be allowed on a seniority basis, the remaining vacation time on a first come, first serve basis. Seniority a shall be considered an important factor, with regards to days off.n - Article VII (last sentence): f "All promotions shall be probationary for a period up to six months ,, with the right of the City to change the promotion within the six month period if the senior person, in the opinion of management, 8 does not qualify." I 1, Article X (Second paragraph): 1 I "Employees assigned to a higher job shall receive the higher rate 1 of pay while occupying such a position in excess of eight (8) I, hours in any one week. This temporary assignment shall not be considered permanent." i Article X (Third paraqraph): 1 I "It shall not be considered an infraction of the rules if an employee 1 is allocated to any job for the sake of convenience if his/her f regular rate of hourly pay is not reduced." i Article XIII, section 6 : Delete - Same as Article XIS, section 5. 1 Article XIII, section 7 (First paragraph): a "When an employee accumulates 100 or more sick leave days, he/she may exchange ten (10) sick leave days for five (5) vacation days yearly. E I I # Mr. Gilbert Myers, Attorney Page 2 February 23, 1982 Article XIV, section 1 "Twelve of the following thirteed days, to be established by the Union by January lst, shall be opserved as holidays for the coming year..... I# I Article XIV, section 2 I "Employees required to work on olidays shall be compensated at the rate of one and one-half (1 ) times their regular rate of pay in addition to eight (8) hours ! f holiday pay at their regular rate of compensation, with the day dbf ined in ~rticle XXVI, section 3. Hours worked on Thanksgiving, Christmas or New Year's Day shall be compensated at rate of two (2) kimes their regular rate of pay in addition to eight (8) hours /of holiday pay at their regular rate of pay, with the day defiqed in Article XXVI, section 3." I I Article XV, section 8 I I I "An off-duty employee called bbck to duty,' but unable to be contacted shall not be subject1 to disciplinary action of any kind." I Article XV, section 9 I I I "In order to insure the equalldistribution of scheduled overtime work, all scheduled overtime dill be assigned on the basis of seniority among persons qualiried within the department." Article XV, section 10 (Last !sentence) : I Delete last sentence. Article XV, section 11 I I Delete. I Article XV, section 13 I I "Scheduled overtime shall mqan overtime that occurs due to the lack of manpower, except inltemporary emergenciesSn Article XVII (Last sentence): I Delete. i I Article XVIII, section l(b)/ "Health Care - the City provide Blue Cross-Blue Shield J Plan, or equivalent, with 365 day coverage, this plan will include the covering home and office visits." Article XVIII, section l(4) ' "The City will provide a ental plan, Blue Cross 11, pr equivalent, with usual and customary 1 Mr. Gilbert Myers, Attorney Page 3 February 23, 1982 Article XIX (First paraqraph) : "If an employee is required to w'ar a unifom, protective clothing or any type of protective device I" as a condition of employment, such uniforms, protective clothing, Ainter coat or protective device shall be furnished to the emplodee by the employer and replaced as needed. The cost of maintaining the uniform and protective clothing in proper working condition sha41 be paid for by the employer. Safety shoes, not exceeding a cQst of $60.00 per employee, shall be furnished by the employer." , I Article XXIII, scetion 4 "within three (3) working days.1 ...* Article XXIII, section 6 I I "Should the representative fail within five (5) working days.. . . . " Article XXIV, section 11 I ! "The Arbitration Board shall a ree to render a decision within ten (10) working days after the co 8 pletion of taking evidence.....*' I Article XXV, section 1 I "All employees shall be grante b a meal period of one (1) hour duration during each work shif unless otherwise agreed between employer and Union. W k enever possible, the meal period shall be scheduled at the middle of the shift. Article XXV, section 8 1 I i "The City employee merit syst4m play plan is abolished. Adjustments for seniority shall be made at each employee's anniversary date." Article XXVI (Last sentence) : i "The work week shall be forty1 (40) hours per week, five (5) I (8) hour days unless otherwisp agreed between employer and Union. I Article XXVII (Second and tdird paragraphs) : I I "This agreement shall be in ull force and effect from the day of to and including the 30th day of June 1984, with openers on June 30, 198 , on economic issues only. Economic section 8." 1 issues will include Article k1, XII, XIII, XIV, XV, XVIII, XXV I I I "The contract shall continuel from year to year thereafter, unless written notice of desire to Lance1 or modify the agreement is served by either party upon he other at least sixty (60) days prior to the date of expira * Mr. Gilbert Myers, Attorney Page 4 February 23, 1982 e I It is the position of the City thatiwinter coats will not be purchased i until after July 1, 1982. I I If you have any questions, please c 11 me at 863-2892. (I i" I I I ' Very truly yours, 1 David E. Minnich I Assistant City Manager cc: City Council City Manager City Attorney i Leo Rich, President, Local R1-205 Everett Tatro, Steward 1 Kenneth Dattilio, Vice President , Albert Audette I I