Amendment to the Collective Bargaining Agreement _Operating Engineers Local #234 Copyrighted
March 4, 2019
City of Dubuque Consent Items # 16.
ITEM TITLE: Amendmentto the Collective Bargaining Agreement
between the City and I nternational Union of Operating
Engineers, Local #234
SUMMARY: City Manager recommending approval of anAmendmentto
the Collective Bargaining Agreement in effect from July 1,
2017 to June 30, 2022, between the City of Dubuque and
the International Union of Operating Engineers, Local
#234.
RESOLUTION Approving the Amendment to the
collective Bargaining Agreement in effect from July 1, 2017
to Jun 30, 2022, between the City of Dubuque, lowa, and
the International Union of Operating Engineers, Local #234
and authorizing the Mayor to sign the Amendment
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Operating Engineers Local#234 Amendment to City Manager Memo
Collective BargainingAgreement-MVM Memo
Staff Memo Staff Memo
Resolution Supporting Documentation
Article I - Recognition Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment to the Collective Bargaining Agreement between the City of
Dubuque and International Union of Operating Engineers, Local #234
DATE: February 24, 2019
Personnel Manager Randy Peck recommends City Council approval of an Amendment
to the Collective Bargaining Agreement in effect from July 1 , 2017 to June 30, 2022,
between the City of Dubuque and the International Union of Operating Engineers, Local
#234.
The amendment is consistent with he Collective Bargaining guidelines established by
the City Council.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Randy Peck, Personnel Manager
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TO: Michael C. Van Milligen, City Manager
F401!!!: Randy P�c�, P�r�onn�l M�nag�r �
SUBJECT: Amendment to the Collective Bargaining Agreement between the City of
Dubuque and International Union of Operating Engineers, Local #234
DATE: February 14, 2019
An Amendment to the Collective Bargaining Agreement in effect firom July 1, 2017, to
June 30, 2022, between the City of Dubuque and the International Union of Operating
Engineers, Local #234 has been ratified by the union. The terms of the amendment are
summarized as follows:
1. ARTICLE - PARENTAL LEAVE
Effective March 8, 2019, the following benefit will go into effect.
An employee may use Parental Leave to fiake paid time away from work for the
birth or the adoption of a child under 18 years old. Eligible employees will receive
fiheir regular base pay (plus longevity) and benefits for twelve (12) weeks
following the date of birth, adoption event or foster-to-adopt placement. If both
parents are eligible employees, each will receive the leave benefit.
Parental Leave will run concurrently with Family and Medical Leave and must be
used within twelve (12) months following the birth or adoption of the child.
Parental Leave will not reduce eligibility for other types of leaves such as
maternity leave, sick leave, family sick leave, vacation, causal days,
compensatory time and holidays.
Parental Leave can be taken intermittently.
Medical certification required through the FMLA leave application will be used for
fihe evaluation of eligibility for Parental Leave.
An eligible employee will be required to furnish appropriate adoption
documentation, such as a letter from an adoption agency, or from the attorney in
cases of privafie adoptions.
Mulfiiple birfihs or adoption (for example, fihe birth or adoption of twins) does not ',
change the eligibilifiy or condifiions of the Parental Leave, including the length of '
Parental Leave granted for the event.
- _ _ _ ____ - --_ _ _ _ - -- -
_ _ ___ -- ---- -- --
Parental Leave cannot be used for absences firom work prior to the birth or
placemenfi of a child. ;
Employees in any ofi the following circumstances are not eligible for Parental
Leave: '
• Surrogate mothers who do not maintain parental rights
s Biological parents (mother or father) with no par�ntal rights or where the child '
is no longer in the parent's custody (e.g., child is placed for adoption) '
• Miscarriage or death of a cfiild '
• Being named as a guardian
• Entering infio a foster parent arrangement
• Adopting a spouse's child
2. ARTICLE XVII — JOB POSTING '
Effective July 1, 2019, this article will be deleted from the Agreement.
3. ARTICLE XXII - SICK LEAVE
SECTION 6, PARAGRAPH D
Effective July 1, 2019, this paragraph will be deleted from the Agreemenfi and
replaced with the following language:
The City reserves fihe right to require proof of illness, injury or other uses of sick
leave as provided in this Agreement. Proof of illness or injury may include, but is '
not limited to, a certificate signed by a physician which states that the employee
was incapacitated for work for the period of his/her absence. If requested by the
City, the statement may also indicate whether the employee is capable of
performing the essential functions of his/her position upon return to work. The
cost of providing a physician's certificate will be borne by the employee. Failure
to provide a physician's certificate containing the necessary information may
result in the loss of sick leave payment. Abuse of sick leave or fraudulent use of
sick leave is cause for disciplinary action.
2
SECTION 8
Effective July 1, 2019, the following benefit will go into effect:
At the discretion of the Department Manager, each pay period an employee will
have either fifty (50) percent of their sick leave accrued above the maximum
accrual of one hundred and twenty (120) sick days credited to their vacation
accrual, up to the maximum vacation accrual amounfi, or be paid at their regular
, rate, plus longevity, for fifty (50) percent of their sick leave accrued above the
maximum accrual of one hundred and twenty (120) sick days. If an employee is
at their maximum vacation accrual, they will be paid at their regular rate, plu�
longevity, for fifty (50) percent of their sick leave accrued above the maximum
accrual of one hundred and twenty (120) sick days.
4. ARTICLE XXXX—WAGE PLAN
• Effective July 1, 2022, through June 30, 2023, the wage plan in effect on
June 30, 2022, shall be increased by 3% across the board.
• Effective July 1, 2023, through June 30, 2024, the wage plan in effect on
June 30, 2023, shall be increased by 3% across the board.
The Operating Engineers Union represents 64 employees in the Building Services,
Emergency Communications, Finance, Housing and Community Development, Water
and Resource Recovery and Water Departments. The bargaining unit is described in
the attachment.
The amendment is consistent with the Collective Bargaining guidelines established by
fihe City Council. I recommend the amendment be approved and the attached
Resolution be adopted.
RP/alk
3
RESOLUTION NO. 77-19
APPROVING THE AMENDMENT TO THE COLLECTIVE BARGAINING
AGREEMENT IN EFFECT FROM JULY 1, 2017 TO JUNE 30, 2022, BETWEEN THE
CITY OF DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL #234 AND AUTHORIZING THE MAYOR TO SIGN THE
AMENDMENT
Whereas, the Sixty -Fifth General Assembly adopted the Public Employment
Relations Act, Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public employer within the meaning of Section 3
(10) of the Public Employment Relations Act; and
Whereas, the International Union of Operating Engineers, Local #234 is an employee
organization within the meaning of Section 3 (4) of the Public Employment Relations
Act; and
Whereas, bargaining between the parties has occurred and an Amendment to the
Agreement in effect from July 1, 2017 to June 30, 2022, has been concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the Amendment be approved and the Mayor authorized
and directed to sign the Amendment to the Collective Bargaining Agreement.
Passed, approved and adopted this 4th day of March, 2019.
Attest:
Kevin Firnstahl, City Clerk
D. Buol, Mayor
ARTICLE I
RECOGNITION
� '` The City recognizes the International Union of Operating Engineers, Local�234, cer�ified
by th� Public Employmenfi Relations Boar.d in Case No: 249; and amended in Cases No.
1545, 2211, 7066 and 8287 as the exclusive bargaining representative fior cer��in
empioyees of fihe City of Dubuque. The following has been determined as fihe:bargaining
unifi:
INCLUDED:
Water Pallution Control Department and Wafier Department: Laboratory Techn(cian� I,
Plant Mechartic, Electronic Technician, Maintenance Elecfirician; Equipm�nt Mechanic,
Equipment Operator I I, Plant ;Operator {certified and non-certified), Assisfian�t Plant
Operafior, Water Mefier Repairworker I, Water Meter Repairworker II, Maintenanceworker,
Truck Driver, Laborer. Parking Division: Parking Mefier Ghecker, Ramp`Cashier, H�ad
Ramp Cashier. Building Services.Department: inspector I,`Custodian l and Cusfiodian 'II.
F'inance Department: Account Clerk I, Water M�ter Servlcewarker I, Water Meter
S�rvlcewbrk�r II, Senior Cashier, Cashier, Cierk,: Housing and Community Developmenfi
Department: inspector J. Emergency Communications :Department: �Pubilc Safiety
Dispaficher.
EXCLUDED:
�, ,'; All other employees of the City of Dubuque not represented by a certified employee
organization and all supervisory, canfidential, temporary, seasonal and Ilmified term
employees and all other employees excluded by lowa Code section 20.4,
t
_ 2
AMENDMENT TO THE
COLLECTIVE BARGAINING AGREEMENT IN EFFECT FROM
JULY 1, 2017, THROUGH JUNE 30, 2022,
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
AFL-CIO - LOCAL #234
ARTICLE - PARENTAL LEAVE
Effective March 8, 2019, the following benefit will go into effect.
An employee may use Parental Leave to take paid time away from work for the birth or
the adoption of a child under 18 years old. Eligible employees will receive their regular
base pay (plus longevity) and benefits for twelve (12) weeks following the date of birth,
adoption event or foster -to -adopt placement. If both parents are eligible employees,
each will receive the leave benefit.
Parental Leave will run concurrently with Family and Medical Leave and must be used
within twelve (12) months following the birth or adoption of the child. Parental Leave will
not reduce eligibility for other types of leaves such as maternity leave, sick leave, family
sick leave, vacation, causal days, compensatory time and holidays.
Parental Leave can be taken intermittently.
Medical certification required through the FMLA leave application will be used for the
evaluation of eligibility for Parental Leave.
An eligible employee will be required to furnish appropriate adoption documentation,
such as a letter from an adoption agency, or from the attorney in cases of private
adoptions.
Multiple births or adoption (for example, the birth or adoption of twins) does not change
the eligibility or conditions of the Parental Leave, including the length of Parental Leave
granted for the event.
Parental Leave cannot be used for absences from work prior to the birth or placement of
a child.
Employees in any of the following circumstances are not eligible for Parental Leave:
• Surrogate mothers who do not maintain parental rights
• Biological parents (mother or father) with no parental rights or where the child
is no longer in the parent's custody (e.g., child is placed for adoption)
• Miscarriage or death of a child
• Being named as a guardian
• Entering into a foster parent arrangement
• Adopting a spouse's child
ARTICLE XVII — JOB POSTING
Effective July 1, 2019, this article will be deleted from the Agreement.
ARTICLE XXII - SICK LEAVE
SECTION 6, PARAGRAPH D
Effective July 1, 2019, this paragraph will be deleted from the Agreement and replaced
with the following language:
The City reserves the right to require proof of illness, injury or other uses of sick leave
as provided in this Agreement. Proof of illness or injury may include, but is not limited to,
a certificate signed by a physician which states that the employee was incapacitated for
work for the period of his/her absence. If requested by the City, the statement may also
indicate whether the employee is capable of performing the essential functions of
his/her position upon return to work. The cost of providing a physician's certificate will
be borne by the employee. Failure to provide a physician's certificate containing the
necessary information may result in the Toss of sick leave payment.Abuse of sick leave
or fraudulent use of sick leave is cause for disciplinary action.
SECTION 8
Effective July 1, 2019, the following benefit will go into effect:
At the discretion of the Department Manager, each pay period an employee will have
either fifty (50) percent of their sick leave accrued above the maximum accrual of one
hundred and twenty (120) sick days credited to their vacation accrual, up to the
maximum vacation accrual amount, or be paid at their regular rate, plus longevity, for
fifty (50) percent of their sick leave accrued above the maximum accrual of one hundred
and twenty (120) sick days. If an employee is at their maximum vacation accrual, they
will be paid at their regular rate, plus longevity, for fifty (50) percent of their sick leave
accrued above the maximum accrual of one hundred and twenty (120) sick days.
1. ARTICLE XXXX — WAGE PLAN
• Effective July 1, 2022, through June 30, 2023, the wage plan in effect on
June 30, 2022, shall be increased by 3% across the board.
• Effective July 1, 2023, through June 30, 2024, the wage plan in effect on
June 30, 2023, shall be increased by 3% across the board.
!POSITION 1 SALARY | STEP I STEP I STEP i STEP | STEP I STEP
I CLASSIFICATION i GRADE | A | B | C | D { E | F
(HnudynteseffecUvo7/1/2O22through8�O�O33 | | | ' } |
Ramp Cashier | OE�i | $16.23 | $16.59 $16.93$17.27$17.57m§7 |7.99
Head Ramp Cashier � 0E-02| $17.27| $17.57 i $17.99 $18.95$19.31 | �U-`
iParking Enforcement Officer I OE -)J 1 $18.95 i $19.31 | $19.05 $2019 I $20.72 I $21.66 |
Clerk | 0E04 | $19.31 ! $19.05 | $2019 $2072 i $21.66 |
;Cashier } OE�� $1965 | �2U 1A | ��072 | �21 00 i $2223 �2271-1
' � ' .' � ' --- /
Account Clerk |OE�}0 / $21.66 � $22.23 | $2271 $23.16 | $23.85 $24.38
Snn�rCashier | OE -06 ! $31.66 | $2223 $2271 | $23]6 | $2385 $24.38 8
--Custodian OE�� �21�80 �2223 dan| ! ! i | $22.71 | $23.16 i $23.85 } 38
:
Custodian II | OE407 | %2378 | $24.25 | $24.83 | $25.37 i $26.03 | $26.54
. �
|POGFFK]N | SALARY ! STEP i STEP ' STEP I STEP I STEP | STEP i
/ !CLASSIFICATION | GRADE | A | B | C | D i E i ---�
!Hourly rates effective 7/1/2023 through 6/30/2024 _ ; ,
!Senior Cashier ,
IAssistant Plant Operator
/_
' ' -- -�$28.30 $29.04 ~2~'~\ i
' Maintenance Electrician
Water Meter Repairworker II
Industrial Electronics Technician
_
Plant Mechanic ,
Al) other Language of he Agreement-in effect,;from July 1, 20fi7, through June 30, 2u�c;
plus the; changes greed upon in this Amendment, shall remain in full force and effect
through the thirtieth (30th) day of he 2024.
Signed this atp day of .Auti5 . , 2019.
INTERNATIONAL UNION OF
OPERATING ENGINEERS, AFL-CIO
LOCAL #234
ATTEST:
KEVIN FIRNSTAHL CITY CLERK