HomeMy WebLinkAboutItem 06.r
Date: Item No.
Labor Agreement between
the City of Lakeville and Minnesota Teamsters Local No. 320
Proposed Action
Staff recommends adoption of the following motion: Move to approve the labor agreement
between the City of Lakeville and Minnesota Teamsters Local No. 320 for 2018 and 2019.
Overview
A two-year agreement has been reached with the Teamsters union which will take effect on
January 1, 2018 and continue through December 31, 2019. This agreement will provide a 3%
increase to wages effective January 1, 2018; a .5% increase effective December 17, 2018; and a 3%
increase effective January 1, 2019.
The agreement also provides health insurance rates identical to all other city employees.
Additional items include stand-by pay with a Friday or Monday holiday will paid a minimum of
nine (9) hours at time and one-half (1-1/2); Summer hours between Memorial Day through
Labor Day will be 7:00 a.m. to 3:30 p.m.; and employees hired after January 1, 1999, accumulated
sick leave in excess of 960 hours on January 1st of each year will be forfeited.
The Personnel Committee has reviewed the agreement and is recommending its approval.
Primary Issues to Consider
• How does the proposed wage increase compare to comparable cities? The average increase
of those contracts that are settled is 3% per year.
Supporting Information
• Labor Agreement for 2018 - 2019
Financial Impact: $ Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Tammy Schutta, HR Manager
December 18, 2017
75,180 for 2018 Various Funds
LABOR AGREEMENT
BETWEEN
CITY OF LAKEVILLE, MINNESOTA
AND
MINNESOTA TEAMSTERS PUBLIC & LAW
ENFORCEMENT EMPLOYEES UNION
LOCAL NO. 320, MINNEAPOLIS, MINNESOTA
Effective January 1, 2018 through December 31, 2019
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1 PURPOSE OF AGREEMENT 1
ARTICLE 2 RECOGNITION 1
ARTICLE 3 UNION SECURITY 1
ARTICLE 4 EMPLOYER SECURITY 1
ARTICLE 5 EMPLOYER AUTHORITY 2
ARTICLE 6 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 2
ARTICLE 7 DEFINITIONS 4
ARTICLE 8 SAVINGS CLAUSE 5
ARTICLE 9 WORK SCHEDULES 5
ARTICLE 10 OVERTIME PAY 6
ARTICLE 11 CALL BACK 6
ARTICLE 12 INSURANCE, MEDICAL/HOSPITAL, LIFE
AND LONG TERM DISABILITY 6
ARTICLE 13 SICK LEAVE 7
ARTICLE 14 INJURY ON DUTY LEAVE 8
ARTICLE 15 FUNERAL LEAVE 8
ARTICLE 16 VACATION SCHEDULE AND USE 8
ARTICLE 17 COMPENSATORY TIME ACCUMULATION AND USE 9
ARTICLE 18 HOLIDAYS 9
ARTICLE 19 2018-2019 WAGE SCHEDULES 10
ARTICLE 20 LEAD MAINTENANCE POSITION 10
ARTICLE 21 ASSISTANT TO THE LEAD 10
ARTICLE 22 UTILITY MAINTENANCE LICENSES AND PAY 10
ARTICLE 23 SERVICE TECHNICIAN LICENSE OR CERTIFICATION 11
ARTICLE 24 EQUIPMENT PAY 11
ARTICLE 25 SHIFT DIFFERENTIAL 11
ARTICLE 26 SEVERANCE PAY 11
ARTICLE 27 STAND-BY REQUIREMENTS/ASSIGNMENT AND PAY 12
ARTICLE 28 SYSTEMS MONITORING AND PAY 12
ARTICLE 29 SEASONAL AND PART-TIME EMPLOYEES 12
ARTICLE 30 EMERGENCY CALL-OUT 13
ARTICLE 31 COFFEE BREAK 13
ARTICLE 32 LUNCH - DINNER BREAK 13
ARTICLE 33 USE OF CITY EQUIPMENT OR FACILITIES 13
ARTICLE 34 TIME CLOCK CARDS AND REPORTS 13
ARTICLE 35 DISCIPLINE 13
ARTICLE 36 INTER-DEPARTMENT WORK 13
ARTICLE 37 LEGAL DEFENSE 14
ARTICLE 38 RIGHT OF SUBCONTRACTING 14
ARTICLE 39 SENIORITY 14
ARTICLE 40 PROBATIONARY PERIODS 14
ARTICLE 41 SAFETY - SAFETY SHOES 14
ARTICLE 42 UNIFORMS 14
ARTICLE 43 JOB POSTING 15
ARTICLE 44 LEAVE OF ABSENCE WITHOUT PAY AND JURY DUTY 15
ARTICLE 45 POLITICAL ACTION COMMITTEE 15
ARTICLE 46 WAIVER 15
ARTICLE 47 COMMERCIAL DRIVERS LICENSE REIMBURSEMENT 16
ARTICLE 48 DRUG AND ALCOHOL TESTING POLICY 16
ARTICLE 49 DURATION 16
EXHIBIT A 17-19
EXHIBIT B 20-31
APPENDIX A 32
EXHIBIT C 33-34
LETTER OF AGREEMENT 35
1
LABOR AGREEMENT
BETWEEN
CITY OF LAKEVILLE, MINNESOTA
AND MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES
UNION LOCAL NO. 320, MINNEAPOLIS, MINNESOTA
ARTICLE 1. PURPOSE OF AGREEMENT
This agreement is entered into between the City of Lakeville, Minnesota, hereinafter called EMPLOYER, and
Local No. 320, Minnesota Teamsters Public & Law Enforcement Employees Union, hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain hours, wages and other conditions of employment;
1.2 Establish procedures for the resolutions of disputes concerning this AGREEMENT'S interpretation and/or
application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of
the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their
dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge
of this dedication.
ARTICLE 2. RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Se ction
179A.03, Subd. 2, in an appropriate bargaining unit consisting of public employees within the meaning of
Minnesota Statutes 179A.03, Subd. 14, within the following job classifications: Maintenance Two and Meter
Reader positions in the Public Works and Park Departments
ARTICLE 3. UNION SECURITY
In recognition of the UNION as the exclusive representative, the EMPLOYER shall:
3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION
from the wages of all employees authorizing in writing such deduction, and
3.2 Remit such deduction to the appropriate designated officer of the UNION.
3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform
the EMPLOYER in writing of such choice.
3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits,
orders or judgments brought or issued against the City as a result of any action taken or not taken by the
City under the provisions of this Article.
ARTICLE 4. EMPLOYER SECURITY
4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or
support any strike, slow down other interruption of or interference with the normal functions of the
EMPLOYER.
4.2 Any employee who engages in a strike may have his/her appointment terminated by the EMPLOYER
effective the date the violation first occurs. Such termination shall be effective upon written notice served
upon the employee.
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4.3 An employee who is absent from any portion of his/her work assignment without permission, or who
abstains wholly or in part from the full performance of his/her duties without permission from his/her
EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a
strike on such date or dates.
4.4 An employee who knowingly strikes and whose employment has been terminated for such action may,
subsequent to such violation, be appointed or re-appointed or employed or re-employed, but the
employee shall be on probation for two years with respect to such civil service status, tenure or
employment, or contract of employment, as he/she may have theretofore been entitled.
4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged
in a strike.
ARTICLE 5. EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to determine the
utilization of technology; to establish and modify the organizational structure; to select, di rect and
determine the number of personnel; to establish work schedules, and to perform any inherent managerial
function not specifically limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall
remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate.
ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpr etation or application of the specific
terms and conditions of this AGREEMENT.
6.2 UNION REPRESENTATIVE
The EMPLOYER will recognize representatives designated by the UNION as the grievance
representatives of the bargaining unit having the duties and respo nsibilities established by this Article.
The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of
their successors when so designated.
6.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as
hereinafter provided is limited by the job duties and responsibilities of the employees and shall, therefore,
be accomplished during normal working hours only when consistent with such employee duties and
responsibilities. The aggrieved employee and UNION representative shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER
during normal working hours provided the employee and the UNION representative have notified and
received the approval of the designated supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the EMPLOYER.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of this
AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred ,
present such grievance to the employee's supervisor as designated by the EMPLOYER. The
EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within
ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be
placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or
provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to
Step 2 within ten (10) calendar days after the EMPLOYER designated representative's final answer to
Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall
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be considered waived.
Step 2. If appealed, the written gr ievance shall be presented by the UNION and discussed with the
EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give
the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such
Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10)
calendar days following the EMPLOYER designated representative's final Step 2 answer. Any grievance
not appealed in writing to Step 3 by the UNION within t en (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the
EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give
the UNION the EMPLOYER's answer in writing within ten (10) calendar days after receipt of such Step 3
grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days
following the EMPLOYER designated representative's final answer in Step 3. Any grievance not
appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to arbitration subject
to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of
an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as
established by the Public Employment Relations Board.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the
specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no
authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or
modifying or varying in any way the application of laws, rules, or regulations having the force and
effect of laws. The arbitrator's decision shall be submitted in writing within thirty (30) days
following close of the hearing or the submission of briefs by the parties, whichever be later, unles s
the parties agree to an extension. The decision shall be binding on both the EMPLOYER and
the UNION and shall be based solely on the arbitrator's interpretation or application of the express
terms of this AGREEMENT and to the facts of the grievance pres ented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by
the EMPLOYER and the UNION provided that each party shall be responsible for compensating
its own representatives and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made, providing it pays for the record. If both
parties desire a verbatim record of the proceedings, the cost shall be shared equally.
6.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a
grievance is not appealed to the next step within the specified time limit or any agreed extension thereof,
it shall be considered settled on the basis of the EMPLOYER'S last ans wer. If the EMPLOYER does not
answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in
each step may be extended by mutual agreement of the EMPLOYER and the UNION.
6.7 CHOICE OF REMEDY
If, as a result of the written Employer response in Step 1, the grievance remains unresolved, and if the
grievance involves the suspension, demotion, or discharge of a n employee who has completed the
required probationary period, the grievance may be appealed either to Step 4 of Article 6 or a procedure
such as: Civil Service, Veteran’s Preference or Fair Employment. If appealed to any procedure other
than Step 4 of Article 6, the grievance is not subject to the arbitration procedure as provided in Step 4 of
Article 6. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of
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Article 6 or another appeal procedure, and shall sign a statement to the effect that the choice of any other
hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article
6.
ARTICLE 7. DEFINITIONS
7.1 UNION: Minnesota Teamsters Public & Law Enforcement Employees Union, Loc al No. 320, Minneapolis,
Minnesota.
7.2 EMPLOYER: City of Lakeville, Minnesota.
7.3 UNION MEMBER: A member of the Teamsters, Local No. 320.
7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
7.5 BASE OF PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special
allowances.
7.6 SENIORITY: Length of continuous service with the EMPLOYER.
7.7 COMPENSATORY TIME OFF: Time off the employee's regularly scheduled work schedule equal in time
to overtime worked.
7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight
(8) hours for the five (5) day work week schedule or ten (10) hours for the four (4) day work week schedule
within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a
seven (7) day period.
7.9 CALL BACK: Return of an employee to a specific work site to perform assigned duties at the express
authorization of the EMPLOYER at a time other than an assigned shift.
7.10 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the
stoppage of work, slow down, or abstinence in whole or in part from the full, faithful and proper
performance of the duties of employment for the purpos es of inducing, influencing or coercing a change
in the conditions or compensation or the rights, privileges or obligations of employment.
7.11 LEAD MAINTENANCE: An employee specifically assigned or classified to the job classification and/or
job position of Lead Maintenance.
7.12 ASSISTANT TO THE LEAD MAINTENANCE: An employee specifically appointed to the job position of
Assistant to the Lead Maintenance.
7.12 PROBATIONARY PERIOD, NEW EMPLOYEES: A period of time commencing on the date employment
commences and ending one year from that date.
7.13 PROBATIONARY PERIOD, PROMOTED RE-CLASSIFIED EMPLOYEES: A period of time commencing
on the effective date of the promotion/reclassification and ending six months from that date.
7.14 FULL-TIME EMPLOYMENT: An employee whose hours in a calendar year meets or exceeds 2,080.
7.15 SEASONAL EMPLOYMENT: An employee who is employed for a specific period of time.
7.16 PERMANENT PART-TIME EMPLOYMENT: An employee who works more than an average of sixteen
(16) hour work week in a calendar year, or portion thereof, but less than 40 hours per week and/or 2,080
hours per year shall receive pro-rated holiday, vacation and sick leave benefits.
7.17 FULL BENEFITS: Employees who work a 40-hour work week or more in a calendar year shall receive
Full Benefits as listed in this AGREEMENT for full-time employment.
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7.18 PRORATED BENEFITS: Permanent part-time employees who work more than an averaged thirty (30)
hour work week but less than an averaged forty (40) hour work week shall re ceive pro-rated health,
dental, long-term disability and life insurance benefits as listed in this Agreement.
ARTICLE 8. SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality.
In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such
provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The
voided provision may be re-negotiated at the request of either party.
ARTICLE 9. WORK SCHEDULES
9.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an employe e shall be
eight (8) hours. The normal eight (8) hour work day schedule shall be 7:30 a.m. to 4:00 p.m. For a
scheduled ten (10) hour work day, the hours shall be 6:30 a.m. to 5:00 p.m. All hours worked before and
after these schedules shall be compensated at time and one-half. The normal work week shall be forty
(40) hours Monday through Friday.*
9.2 Service to the public may require the establishment of regular shifts for some employees on a daily,
weekly, seasonal, or annual basis other than the normal 7:30 - 4:00 day or 6:30 - 5:00 day. The
EMPLOYER will give two weeks advance notice to the employees affected by the establishment of work
days different from the employee's normal eight (8) hour work day.
Summer hours between Memorial Day through Labor Day will be 7:00 a.m. to 3:30 p.m.
9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood,
snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not
required that an employee working other than the normal work day be scheduled to work more than eight
(8) hours; however, each employee has an obligation to work overtime or call backs if requested unless
unusual circumstances prevent the employee from so working.
9.4 The establishment of shifts in the park maintenance department for winter ice rink preparation and
maintenance shall be subject to the requirement for notice under Article 9.2 with the understanding that
a "weather permitting" clause will be included in the written notice which shall give the EMPLOYER the
right to postpone the start of the shift change to a day when the weather conditions are conducive to the
preparation and maintenance of ice rinks without further notice as required by Article 9.2.
9.5 Following the initial notice; a 48-hour verbal notice of winter ice rink preparation and maintenance shift
change will be given by the Employer when moving the employees on/off of the shift throughout
December/January as appropriate. Article 25 SHIFT DIFFERENTIAL will not apply; instead, the
employee(s) shall be paid $5.00 per hour in addition to their regular wage rate for all regular hours worked
during any week they are appointed to the ice rink shift.
If a shift change occurs during the week; an employee will be given a rest period of at least 10 hours
between the change in shifts. If the 10-hour rest period spans into the shift, a full day’s pay will be
required. For example, an employee coming off of days at 4 p.m., who is to change to the night shift
which normally begins at 11:30 p.m., will actually report for work at 2 a.m. and work until 8 a.m. The
employee will receive a full eight hours of pay for the shift even though the full 8 hours were not worked.
9.6 Service to the public may require the establishment of regular work weeks that schedule work on
Saturdays and/or Sundays.
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ARTICLE 10. OVERTIME PAY
10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except shift changes) for
the five (5) day work week, or in excess of ten (10) hours within a twenty-four (24) hour period (except
shift changes) for the four (4) day work week, or more than forty (40) hours within a seven (7) day period
will be compensated for at one and one-half (1-1/2) times the employee's regular base pay rate.
10.2 Overtime will be distributed as equally as practicable, a tabulation will be provided on a weekly basis.
Preference shall be given to full-time maintenance 2 employees and meter readers within their respective
division/department experiencing the overtime. Overtime will then be offered to the Maintenance 2 or
meter readers with the lowest amount of accrued overtime totals, assuming they are fully qualified.
Seasonal or part-time employees may be assigned overtime only if no other qualified full -time employees
(after being contacted) wants the overtime.
10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid
overtime worked. For equity of overtime, newly hired individuals shall be placed at the highest
accumulated individual overtime balance within the division /department.
10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided,
compounded, or paid twice for the same hours worked.
10.5 An employee who is called to work on a Sunday, when that Sunday is not part of the employee’s regularly
scheduled shift, shall be eligible to receive double time pay for time worked on S unday. If an employee
is regularly scheduled to work on a Sunday in accordance with Article 9, the employee shall not be eligible
for double time pay.
ARTICLE 11. CALL BACK
An employee called in for work at a time other than his/her normal scheduled sh ift will be compensated for a
minimum of two (2) hours pay at one and one -half (1-1/2) times the employee's base pay rate. An extension to
an assigned shift is not a call back.
ARTICLE 12. INSURANCE, MEDICAL/HOSPITAL, LIFE AND LONG TERM DISABILITY
12.1 Effective January 1, 2018, the Employer will make payment according to the schedule below:
A. Health Ins. MONTHLY PREMIUM COSTS
Employee Employer
Total
Premium VEBA/HSA Funds
High Deductible/VEBA
Employee 50.19 565.31 615.50 160.00
EE + Child(ren) 483.57 745.06 1228.63 185.00
EE + Spouse 517.00 808.78 1325.78 185.00
Family 606.27 1013.11 1619.38 205.00
High Deductible/HSA
Employee 0.00 565.31 565.31 160.00
EE + Child(ren) 383.38 745.06 1128.44 185.00
EE + Spouse 408.89 808.78 1217.67 185.00
Family 474.22 1013.11 1487.33 205.00
Wellness
Employee Only
Employer match of wellness gift cards up to $135 annually.
The VEBA and HSA funding will be deposited in two installments. The first six months of funding will be
deposited in January and the second six months of funding will be deposited in July. Deposits for new
employees will be prorated.
12.2 Effective January 1, 2017, the Employer will eliminate the co-pay plan. The employer will provide single
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health insurance to the Employee for the lowest cost, high deductible plan. The Employer will split the
increase (or decrease) for the dependent coverage for the lowest cost, high deductible plan. Once these
values are set, they will be applied to the optional plans.
12.3 In the event that the health insurance provisions of this Agreement fail to meet the requirements of the
Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty or fine,
either party may request that the other party meet and negotiate over amendments to those health
insurance provisions that the requesting party deems necessary. In such negotiations, the rights and
obligations of the Union shall be subject to the provisions of Minn. Stat. §179A.06 and the rights and
obligations of the Employer shall be subject to the provisions of Minn. Stat. §179A.07.
12.3 Effective January 1, 2007, the EMPLOYER shall contribute 100% of the cost of single coverage toward
Group Dental Insurance Coverage. If the Employee elects additional dependent coverage, the Employee
will pay the monthly cost above the Employer contribution via payroll deduction.
12.4 Any costs beyond the amounts payable by the EMPLOYER shall be paid by the EMPLOYEE via payroll
deduction.
12.5 The Employer shall contribute one hundred percent (100%) of the monthly cost for ($25,000) life
insurance as per the coverage and terms of the policy in effect.
12.6 Long Term Disability Insurance: The City shall contribute one hundred percent (100%) of the cost of the
long-term disability insurance policy for all eligible employees.
12.7 The EMPLOYER and UNION agree to form a health care committee to investigate alternative options
regarding health care costs. The UNION will have one of its members sit on this committee. In the event
an option is found, the parties agree to re-open the contract solely to discuss health care contributions.
ARTICLE 13. SICK LEAVE
13.1 Sick leave is to be earned at a rate of one eight (8) hour day per month and may be accumulated
unlimited. Employees hired after January 1, 1999, accumulated sick leave in excess of 960 hours on
January 1st of each year will be forfeited.
13.2 Sick leave may be used for the employee's immediate family members for their care as detailed in Minn.
Stat. §181.9413.
13.3 Sick leave shall be claimed on a form provided by the EMPLOYER.
13.4 Sick leave is subject to the following conditions.
a. The employee shall report the cause of the absence to the department supervisor before, or no
later than one hour from, the beginning of the shift.
b. Keep the supervisor informed of the employee's condition.
c. Submit a medical certificate from a doctor for any illness when requested by the EMPLOYER for
an absence of three days (24 hours) of sick leave. Failure to submit a medical certificate when
requested will be cause to deny the pa yment of sick leave after the second eight (8) hour day of
use.
d. Sick leave is to be used for actual illness and/or emergency medical attention of the employee.
If the EMPLOYER has reason to believe an employee is abusing sick leave by review of usage ,
the employee may be required to submit doctor's statements upon written advance notice from
the EMPLOYER for future usage. Where abuse is evident, an employee shall be subject to the
provisions of Article 35 of the AGREEMENT. Employees are expected to accumulate sick leave
and not abuse it by using as it accrues monthly.
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ARTICLE 14. INJURY ON DUTY LEAVE
14.1 An employee, who in the ordinary course of employment, while acting in a reasonable and prudent
manner and in compliance with established rules and procedures of the EMPLOYER, is injured during
the performance of his/her duties and thereby unable to work, shall be paid the difference between the
employee's regular pay, including pay for licenses under Articles 22 and 23, and the Worker's
Compensation insurance payments for a period not to exceed the accumulated days for the employee
per the following conditions. Injury on duty leave shall be earned at the rate of one eight (8) hour day per
month. Employees shall be granted one eight (8) hour day of leave for each month of full-time
employment with the EMPLOYER since their employment date up to a maximum of 180 eight (8) hour
days. A day is defined as the combination of Workers Compensation Insurance and the Injury on Duty
pay sufficient to pay the employee his/her gross pay for eight (8) hours.
14.2 For each day Injury on Duty use, one eight (8) hour day shall be deducted from the employee's
accumulated Injury on Duty leave.
14.3 The employee must be eligible for and receive Workers Compensation wage insurance benefits to be
eligible for and receive Injury on Duty pay from the EMPLOYER.
14.4 An employee shall continue to accumulate vacation and sick leave while on Injury on Duty leave.
14.5 An employee may choose to use sick leave and/or vacation after his/her Injury on Duty leave is
exhausted.
14.6 An employee must provide a medical certificate from a doctor for any light duty requested. Failure to
submit a medical certificate when requested will be cause to deny the payment of Injury on Duty.
ARTICLE 15. FUNERAL LEAVE
15.1 In the event of a death in the immediate family of a full-time employee, the employee may use up to
three work days (24 hours) of funeral leave.
15.2 Immediate family shall mean mother, father, mother-in-law, father-in-law, husband, wife, son, daughter,
brother, sister and grandparents of the employee.
15.3 Funeral leave shall be claimed on a form provided by the EMPLOYER.
ARTICLE 16. VACATION SCHEDULE AND USE
16.1 Effective January 1, 2011, the vacation schedule shall be based on an eight (8)
hour work day as follows:
1st year of employment, 10 days 80 hours
2nd year of employment, 10 days 80 hours
3rd year of employment, 11 days 88 hours
4th year of employment, 12 days 96 hours
5th year of employment, 15 days 120 hours
6th year of employment, 15 days 120 hours
7th year of employment, 16 days 128 hours
8th year of employment, 16 days 128 hours
9th year of employment, 17 days 136 hours
10th year of employment, 17 days 136 hours
11th year of employment, 17 days 136 hours
12th year of employment, 18 days 144 hours
13th year of employment, 18 days 144 hours
14th year of employment, 19 days 152 hours
15th year of employment, 20 days 160 hours
16th year of employment, 21 days 168 hours
17th year of employment, 22 days 176 hours
18th year of employment, 23 days 184 hours
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19th year of employment, 24 days 192 hours
20th year of employment, 25 days 200 hours
16.2 Except as specifically approved in writing by the City Administrator and the City Council, employees will
not be allowed to carry over more than the number of hours they earned in the two previous calendar
years for vacation leave.
16.3 Employees shall accrue vacation during the first year of employment, but shall not be eligible to use
accrued vacation until completion of the first six months of employment.
16.4 Employees shall request vacation leave on a form provided by the EMPLOYER a minimum of one week
(7 days) in advance. Seniority shall be the basis for vacation leave approvals up to April 1st each year
for the first vacation date for one or more consecutive work days selected for the rest of the calendar
year.
16.5 No employee shall be permitted to waive vacation leave for the purpose of receiving pay.
16.6 Employees leaving the EMPLOYER in good standing after giving a minimum of two weeks written
notice shall be paid for any earned and unused vacation leave.
ARTICLE 17. COMPENSATORY TIME ACCUMULATION AND USE
17.1 Compensatory time may be accumulated for overtime worked at the rate of time and one-half (1-1/2),
not including holiday overtime.
17.2 The maximum number of compensatory time hours that may be accumulated shall be eighty (80) hours.
17.3 The maximum number of compensatory time hours that may be carried forward to a new calendar year
shall be forty (40) hours.
17.4 All compensatory time hours, except those described in 17.3, shall be taken off by December 31 of
each year, or the EMPLOYER shall pay the employee at the hourly rate at which the compensatory
time was earned on the employee's last pay check of the year.
17.5 An employee may elect to cash out up to 40 hours of compensatory time hours once during the
calendar year. This cash out will be in addition to the compensatory hours cashed out in 17.4.
17.6 Compensatory time off shall be claimed on a form provided by the EMPLOYER and the request shall
be made to the department supervisor a minimum of one week in advance, and approved by the
department supervisor.
17.7 Preference will be given the employee who requests compensatory time off the furthest in advance.
Seniority will be the determining factor when more than one employee in the same division/department
requests the same date(s) off at the same time.
ARTICLE 18. HOLIDAYS
18.1 There shall be eleven (11) holidays per year as follows:
New Year’s Day, January 1
Martin Luther King's Birthday, 3rd Monday in January
President’s Day, 3rd Monday in February
Memorial Day, Last Monday in May
Independence Day, July 4th
Labor Day, First Monday in September
Veterans Day, November 11
Thanksgiving Day, Fourth Thursday in November
Christmas Eve, one-half day
Christmas Day, December 25th
New Year's Eve, one-half day
One Floating Holiday
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* On Christmas Eve and New Year’s Eve all hours worked over four (4) hours shall be at
the holiday rate of pay.
18.2 Employees who work on the actual holiday shall be paid at two (2) times their hourly rate of pay for
each hour of work. This pay shall be in addition to their holiday pay.
18.3 If any employees are working on scheduled ten hour a day work weeks, the holiday will be for eight
hours of holiday pay.
ARTICLE 19. 2018 – 2019 WAGE SCHEDULES
19.1 The wage schedules for the Public Works and Park Departments for 2018 -2019 are as follows:
Start (A) 12 Mos. (B) 24 Mos. (C) 36 Mos. (D)
Effective 1-1-18
(3%)
Maintenance 2 24.40 26.35 28.30 29.54
Meter Reader 15.56 16.19 16.87 17.41
Effective 12-17-18
(.5%)
Maintenance 2 24.52 26.48 28.45 29.69
Meter Reader 15.64 16.27 16.96 17.49
Effective 1-1-19
Maintenance 2 25.26 27.27 29.30 30.58
Meter Reader 16.11 16.76 17.46 18.02
ARTICLE 20. LEAD MAINTENANCE POSITION
20.1 The EMPLOYER will appoint an employee to a full-time Lead Maintenance position in the Utility, Street,
and Service Technician Divisions, and the Park Department. The employee appointed may or may not
be the senior employee in the division/department. The appointed employee shall work on the day(s)
when the superintendent is off duty during any four day, 10 hour day schedules in the departments and
the departments have any full-time and/or seasonal employees working on days other than the regular
scheduled four days.
20.2 Effective as follows, Lead Maintenance pay shall as follows above the employee’s Maintenance 2
hourly rate. Lead Maintenance W orkers will be required to carry pagers and/or cell phones.
1-1-18 1.92/hour
ARTICLE 21. ASSISTANT TO THE LEAD
21.1 The EMPLOYER may appoint an employee to an Assistant to the Lead position in the Utility, Street,
and Service Technician, or Park Divisions. The employee appointed may or may not be the senior
employee in the division/department. Effective 1-1-18 , the Employee shall be paid $1.07 per hour
above the employee’s Maintenance 2 hourly rate.
21.2 This program is established as a career development opportunity and therefore the appointment may
be assigned for up to three years. The Employer will encourage all eligible employees to consider this
opportunity; however, if there is no interest, the Employer may continue the appointment b eyond three
years.
ARTICLE 22. UTILITY DIVISION LICENSES AND PAY
22.1 Any employee in the Utility Division who earns a Class D, C or B Water or Waste Water Systems
Operators license from the State of Minnesota shall be paid as follows in addition to the wage schedule
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hourly rate: as follows:. Only one license may apply.
Class D
• 1-1-18 .78/hour
Class C
• 1-1-18 .92/hour
Class B
• 1-1-18 1.27/hour
ARTICLE 23. SERVICE TECHNICIAN LICENSE OR CERTIFICATION
23.1 Any employee in the Maintenance/Service Technician classification who has a certification by an
independent educational/vocational agency; in the Utility Maintenance/Tech classification who has a
certification by an independent educational or vocation al agency, or has the necessary experience in
the controls and electronic field; in the Maintenance Forester classification who has a certification by a
state agency or an independent educational/vocational agency shall be paid as follows in addition to
his/her wage schedule pay rate. The certification and/or experience must be satisfactory to the
Employer as to its qualifications for this pay.
Service Technician
• 1-1- 18 1.54/hour
Utility Maintenance/Tech
• 1-1-18 1.54/hour
Maintenance/Forester
• 1-1-18 1.54/hour
ARTICLE 24. EQUIPMENT PAY
24.1 All non-licensed employees in the Public Works and Parks Department, Maintenance 2 position, will
receive $.38 per hour equipment pay in addition to their scheduled base rate of pay.
24.2 The City agrees to grandfather the two (2) senior operators i.e., (Sirek and Zeidler) and pay them in
addition to their regular rate of pay $ .55 for every hour i.e., 2,080 hours.
ARTICLE 25. SHIFT DIFFERENTIAL
Effective January 1, 2007 employees that are established pursuant to Articles 9.2 and 9.4 shall be paid one
dollar and fifty cents ($1.50) per hour in addition to their regular wage rate. This differential will be paid for all
hours worked within the designated shift.
ARTICLE 26. SEVERANCE PAY
26.1 Severance pay shall be paid to full-time employees based upon the following schedule.
After 5 years of full-time service, 35% of the employee's unused sick leave, up to
a maximum of 960 hours.
After 10 years of full-time service, 45% of the employee's unused sick leave, up
to a maximum of 960 hours.
After 15 years of full-time service, 55% of the employee's unused sick leave, up to
a maximum of 960 hours.
26.2 Only service with the City of Lakeville shall be counted toward the time required for a person to be
eligible. Severance pay is to be based only on the employee's wage schedule base pay rate which is
the hourly wage for the employee on the date of employment termination based on the wage schedule
in effect on that date. Employee must leave the service in good standing and give the EMPLOYER two
(2) weeks written notice of termination.
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ARTICLE 27. STAND-BY REQUIREMENTS, ASSIGNMENT AND PAY
27.1 Stand-by shall require the employee to be available and ready for work when contacted by the
EMPLOYER.
27.2 Stand-by shall be assigned by the EMPLOYER in writing to the employee for a minimum period of
twenty-four (24) hours in advance of the assignment. Stand-by shall be on a rotated basis for
employees qualified to perform the possible work assignments the stand-by is protecting. The
EMPLOYER shall have the sole determination as to who is qualified.
27.3 Employees assigned weekend stand-by shall be paid a minimum of six (6) hours pay at time and one-
half (1-1/2). Stand-by shall begin at the end of the regularly scheduled shift on Friday and end with the
beginning of the regularly scheduled shift on Monday. Employees assigned weekend stand-by with a
Friday or Monday Holiday shall be paid a minimum of nine (9) hours at time and one-half (1-1/2).
Weekend stand-by with a Friday Holiday shall begin at the end of the regularly scheduled shift on
Thursday and end with the beginning of the regularly scheduled shift on Monday.
Weekend stand-by with a Monday Holiday shall begin at the end of the regularly scheduled shift on
Friday and end with the beginning of the regularly scheduled shift on Tuesday.
ARTICLE 28. SYSTEMS MONITORING AND PAY
28.1 At the discretion of the Employer, and Employee may be assigned to take home a laptop computer or
SCADA (Supervisory Control and Data Acquisition) operating disk in order to respond to alarms in the
water and wastewater systems for the Employer via remote computer operation. Employees assigned
to monitor the SCADA systems shall be compensated at the rate of one hour at time and one half for
each alarm responded to via remote computer operation.
28.2 For Employees simultaneously assigned to standby duty under the provisions of Article 28 of this
Agreement, any remote alarm SCADA adjustments made during the twenty-four hour period above the
initial computer alarm response to the water or wastewater systems shall be compensated in
accordance with Article 28.1.
ARTICLE 29. SEASONAL AND PART-TIME EMPLOYEES
29.1 Regular Seasonal and Extended Seasonal employee wage schedules, hours, benefits and conditions of
employment are to be set by resolution adopted by the City Council and are not subject to the terms
and conditions of this Agreement.
29.2 A Regular Seasonal employee is defined by PELRA. An Extended Seasonal employee is defined as an
employee whose employment is expected to be 120 working days or less per calendar year. These
working days will fall within the months of April through October and will be limited to the following:
a) Six positions in the Parks Division whose main responsibilities will be mowing and ball field
dragging.
b) Two positions in the Streets Division whose main responsibilities will be assisting with sign
maintenance, blacktop maintenance, and storm sewer maintenance.
c) Three positions in the Utilities Division whose main responsibilities will be assisting with vactor ,
jetter, and camera operations, and helping to locate underground City utilities.
If main responsibilities are not available, all positions may perform miscellaneous manual labor within
their division.
29.3 All overtime will be offered to regular maintenance employees prior to Regular Seasonal or Extended
Seasonal employees.
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29.4 Within the Parks Division, two Regular Seasonal employees may be extended until September 15.
ARTICLE 30. EMERGENCY CALL-OUT
Emergency call-out by the supervisor shall be by seniority on a rotated basis for all full-time employees in the
division/department. A call unanswered or unable to respond to shall be counted as used. Full-time employees
shall be given preference over seasonal and/or part-time employees.
ARTICLE 31. COFFEE BREAK
Coffee breaks shall be provided once in the morning and once in the afterno on for up to fifteen (15) minutes
each and are to be taken on the job site.
ARTICLE 32. LUNCH - DINNER BREAK
The lunch or dinner break shall be thirty (30) minutes and should be taken at the job site when circumstances
permit.
ARTICLE 33 USE OF CITY EQUIPMENT OR FACILITIES
No employee shall use any city equipment or facility for his/her private use unless prior approval is received
from the EMPLOYER.
ARTICLE 34. TIME CLOCK CARDS AND REPORTS
Employees shall punch their own time clock card and report their hours worked on a bi-weekly time card report
form provided by the EMPLOYER and signed by the employee. No employee shall punch another employee's
time clock card unless express written approval is received from the department supervisor to do so.
ARTICLE 35. DISCIPLINE
35.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in
one or more of the following forms:
a. Oral reprimand
b. Written reprimand
c. Suspension
d. Demotion
e. Discharge
35.2 Suspensions, demotions and discharges will be in written form.
35.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an
employee's personnel file shall be read and acknowledged by the signature of the employee.
Employees and the UNION will receive a copy of such reprimands and/or notices.
35.4 Employees may examine their own individual personnel files at reasonable times under the direct
supervision of the EMPLOYER.
35.5 Discharges will be preceded by a five (5) day suspension without pay.
35.6 Employees will not be questioned concerning an investigation of disciplinary action unless the
employee has been given an opportunity to have a UNION representative present at such questioning.
35.7 Grievances relating to this Article shall be initialed by the UNION in Step 3 of the grievance procedure
under Article 6.
ARTICLE 36. INTER-DEPARTMENT WORK
Employees in the Public Works and Park Department shall assist and perform work as directed and scheduled
in the other divisions to the best of their ability.
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ARTICLE 37. LEGAL DEFENSE
37.1 Employees involved in litigation because of negligence, ignorance of laws, non -observance of laws, or
as a result of employee judgmental decision may not receive legal defense by the municipality.
37.2 Any employee who is charged with traffic violation, ordinance violation or criminal offense arising from
acts performed within the scope of his/her employment, when such act is performed in good faith and
under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and court
costs actually incurred by such employee in defending against such charge.
ARTICLE 38. RIGHT OF SUBCONTRACTING
Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work
performed by employees covered by this AGREEMENT.
ARTICLE 39. SENIORITY
Seniority will be the determining criterion for transfers, promotions and lay-offs only when all other job relevant
qualification factors are equal. The Union and the EMPLOYER agree to meet prior to any perceived reduction
of the work force.
ARTICLE 40. PROBATIONARY PERIODS
40.1 All newly hired or rehired employees will serve a twelve (12) months' probationary
period.
40.2 All employees will serve a six (6) months' probationary period in any job classification in which the
employee has not served a probationary period.
40.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the
sole discretion of the EMPLOYER.
40.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or
reassigned to the employee's previous position at the sole
discretion of the Employer.
ARTICLE 41 - SAFETY - SAFETY SHOES
The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in
safety matters and to encourage employees to work in a safe manner.
Effective January 1, 2008, the Employer will pay two hundred fifty dollars ($250.00) for the purchase of leather
safety shoes. The safety shoe allowance shall be paid by the 4th week of January. Safety shoes must have
an impact-resistant toe and heat resistant soles. During one year of the contract, Employees may elect to
purchase a winter or snow boot, or other sturdy leather boot, in lieu of the safety boot. No canvas or leather
tennis shoes may be purchased with City funds.
ARTICLE 42 - UNIFORMS
42.1 Effective January 1, 2018, regular full-time maintenance Employees shall receive an annual clothing
allowance of four hundred and eighty dollars ($480). The uniform allowance will be processed through
payroll by the 4th week of January. Employee purchase and maintenance of uniforms shall be in
accordance with Exhibit C of this Agreement. An Employee may elect to have uniform shirts and pants
with laundry service provided by the City in lieu of payment of an annual clothing allowance
42.2 Newly hired Employees shall receive uniform shirts and pants with laundry service, to be provided by
the City OR elect to receive the uniform allowance at date of hire. The Uniform allowance will be pro-
rated effective as of the hire date for the first year.
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ARTICLE 43. JOB POSTING
43.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining
unit shall be filled based on the concept of promotion from within provided that applicants:
a. Have the necessary qualifications to meet the standards of the job vacancy; and
b. Have the ability to perform the duties and responsibilities of the job vacancy.
43.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the
conditions of Article 40 (PROBATIONARY PERIODS).
43.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on
qualifications, abilities and experience.
43.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that
members of the bargaining unit can be considered for such vacancies.
43.5 Vacancies shall be filled from within the Bargaining Unit provided the Employee meets the minimum
qualifications of the position. There shall be a ninety (90) day evaluation period concurrent with the six
month probationary period. If the employee elects not to remain in the position or if the employee does
not pass the probation, he/she shall return to the previous position.
43.6 If required licensing i.e. water and sewer can be achieved within one year, the employer will consi der
the employee qualified. However, a one-year probationary period will be mandatory.
ARTICLE 44. LEAVE OF ABSENCE WITHOUT PAY AND JURY DUTY
44.1 Upon request of an employee, leave of absence without pay may be granted by the City Council, taking
into consideration good conduct, length of service, and efficiency of the employee and the general good
of the municipal service. Such leave of absence shall not exceed a period of ninety (90) days, provided
that the same may be extended beyond such period if the leave of absence is for continued disability or
other good and sufficient reasons, but in no case to exceed one year, except when the employee is
called in to military service or is disabled from disability incurred while in the service of the City. No
benefits shall accrue during a period of leave of absence without pay.
44.2 In the case of jury duty or subpoena for witness in court, an employee shall receive
an amount of compensation which will equal the difference between one employee's
regular pay and compensation paid for jury duty or witness fee.
ARTICLE 45. POLITICAL ACTION COMMITTEE:
Upon receipt of a properly executed voluntary authorization card from an employee, the Employer will deduct
from the employee’s salary such amounts as the employee authorized to pay to National D.R.I.V.E.
ARTICLE 46. WAIVER
46.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and
conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are
hereby superseded.
46.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT,
each had the unlimited right and opportunity to make demands and proposals with respect to any term
or condition of employment not removed by law from bargaining. All agreements and understanding
arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this
AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to
meet and negotiate regarding any and all terms and conditions of employment referred to or covered in
this AGREEMENT or with respect to any term or condition of employment not specifically referred to or
covered by this AGREEMENT, even though such terms or conditions may not have been within the
knowledge or contemplation of either or both parties at the time this contract was negotiated or
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executed.
ARTICLE 47. COMMERCIAL DRIVERS LICENSE REIMBURSEMENT
The EMPLOYER agrees to reimburse all regular full-time employees the difference between the cost of a Class
D driver’s license and the Minnesota Commercial Driver’s License required to perform the required job tasks.
ARTICLE 48. DRUG AND ALCOHOL TESTING POLICY
Drug and Alcohol Testing Policy language - Pursuant to Exhibit A.
Drug and Alcohol Testing Policy for Commercial Vehicle Drivers language effective January 1, 1996 - Pursuant
to Exhibit B.
ARTICLE 49. DURATION
This AGREEMENT shall be effective January 1, 2018, and shall remain in full force and effect until December
31, 2019.
In Witness Whereof, the parties hereto have executed this AGREEMENT on this 18th day of December, 2017.
CITY OF LAKEVILLE, MINNESOTA TEAMSTERS LOCAL NO. 320
________________________________
Mayor Vance Rolfzen, Business Agent
__________________________ ________________________________
City Clerk Union Representative
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EXHIBIT A
DRUG AND ALCOHOL TESTING
POLICY
1. The City recognizes drug and alcohol abuse by employees as threatening the welfare of the public and
the well being of the other employees. Therefore, the City has established drug and alcohol testing for
positions covered by this Policy as a means of protecting the public’s welfare and employee’s well being.
2. The intent of this Policy is to prevent drug and alcohol abuse by employees and to offer the opportunity
for rehabilitation of employees who have tested positively for drug and alcohol use while on duty.
3. The City shall inform a job applicant prior to testing. Information shall include the City’s right to request
a test, the processing of a test, the consequences of testing positively, and the rights of the employee.
4. Before requesting an employee or a job applicant to undergo drug or alcohol testing, the City shall provide
the employee or job applicant with a form developed by the City on which to acknowledge the employee
or job applicant has reviewed the Policy. On an additional form, the employee or job applicant may
indicate any over-the-counter or prescription medications that they are currently taking or have recently
taken and any other information relative to the liability of or explanation for a positive test result. This
form will be completed at the collection site and will not be reviewed by the employer.
5. Random testing is prohibited.
6. The City shall not require an employee or job applicant to undergo drug or alcohol testing except as
authorized below:
a. The City may require a job applicant to undergo drug or alcohol testing provided a job offer has
been made to the applicant and the same test is required of all job applicants conditionally offered
employment for that position. If the job is withdrawn, the City shall inform the applicant of the
reasons for its actions.
b. The supervisor in charge may require an emplo yee to undergo drug or alcohol testing provided
a reasonable attempt has been made to receive approval from the City Administrator, that said
requirement is stated in writing, and there is reasonable suspicion that the employee:
i) is under the influence of drugs or alcohol;
ii) is found to personally possess illicit drugs or alcohol while on duty;
iii) sustained a personal injury or caused another employee to sustain a personal injury and
the supervisor in charge has reasonable suspicion that drugs or alcohol were involved;
iv) has caused a work -related accident or was helping to operate machinery, equipment, or
vehicles involved in a work-related accident and the supervisor in charge has reasonable
suspicion that drugs or alcohol were involved.
c. The city may require an employee to undergo drug or alcohol testing if the employee has been
referred to the City for chemical dependency treatment or evaluation which results in a
determination that the employee is chemically dependent, in which case th e employee may be
required to undergo drug and alcohol testing without prior notice during the evaluation or
treatment period and for a period of up to two (2) years following completion of any prescribed
chemical dependency treatment program.
d. Reasonable suspicion shall be defined as that quantity of proof or evidence that is more than a
hunch, but less than probable cause. Reasonable suspicion must be based on specific, objective
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facts and any rationally derived inferences from those facts about the conduct of an individual
that would lead the reasonable person to suspect that the individual is or has been using drugs
while on or off duty.
7. Test sample collection shall be conducted in a manner which provides a high degree of security for the
sample and freedom from adulteration. Employees may not be witnessed while submitting a urine
sample. Administrative procedures and biologic testing of the samples shall be conducted to prevent the
submission of fraudulent tests. All screening tests shall mak e use of a split sample which shall be used
for confirmatory retests. Upon request, an employee shall be entitled to the presence of a representative
before testing is administered. The testing may not be delayed for an unreasonable amount of time to
allow the employee this opportunity.
8. All samples shall be tested for CHEMICAL ADULTERATION, OPIATES, CANNABIS, PCP, COCAINE,
AMPHETAMINES, BARBITURATES, BENZODIAZEPINES, AND ALCOHOL. The testing shall be done
at a laboratory to be determined by the City and the following standards shall be used:
DRUG SCREENING TEST CONFIRMATION
Amphetamines ng/ml Amphetamine ng/mg GC-MS
Barbiturates ng/ml Barbiturate ng/ml GC-MS
Benzodiazepine ng/ml Oxazepam ng/ml GC-MS
Cannabis ng/ml Delta-THC ng/ml GC-MS
Cocaine ng/ml Metabolite ng/ml GC-MS
Opiates ng/ml Morphine, Codeine ng/ml GC-MS
PCP ng/ml PCP ng/ml GC-MS
Alcohol gm/dl Alcohol gm/dl GC-MS
9. Any sample which has been altered or is shown to be a substance other than urine or blood shall be
reported as such. All samples which test positive on a screening test shall be confirmed by gas
chromatography-mass spectrophotometry, and no records of unconfirmed positive tests shall be released
by the laboratory.
10. Initial screening tests and confirmatory tests shall be at the sole cost of the City.
11. Testing and evaluation procedures shall be conducted in a manner to ensure that an employee’s legal
drug use does not affect the test results.
12. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to
being reported.
13. Test results shall be treated with the same confidentiality as other employee medical records. The test
results shall not be reported outside the City organization.
14. Each employee whose confirmatory tests indicate positive for drug or alcohol use shall be medically
evaluated by a substance abuse professional. If required by the substance abuse professional, the
employee will then be counseled and treated for rehabilitation. At any time, an employee may voluntarily
enter the chemical dependency program. This program is designed to provide care and treatment to
employees who are in need of rehabilitation. Details concerning treatment any employee receives at this
program shall remain confidential between the City and employee and shall not be released to the public.
The City shall not be responsible for the cost of the treatment. The employees’ health care provider shall
provide a portion of the cost of the treatment.
15. No employee shall be relieved of his or her position based on one positive confirmatory test result
although the employee may be re-evaluated for his or her assignment. When undergoing treatment and
evaluation, employees shall receive the usual compensation and f ringe benefits provided at their
assigned position provided the employee is using available accumulated leave.
16. Each employee has the right to challenge the results of drug testing in the same manner that he or she
may grieve any managerial action.
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17. Upon successful completion of rehabilitation, the employee shall be returned to his or her regular duty
assignment. Employee reassignment during treatment shall be based on each individual’s
circumstances. If follow-up care is prescribed after treatment, this may be a condition of employment.
Once treatment and any follow-up is completed and provided no further incidents of positive confirmatory
tests occur, at the end of two (2) years the records of treatment and positive drug test results shall be
retired to a closed medical record, given to the employee. References of the incident shall be removed
from the employee’s personnel file.
18. Employees shall be subject to the disciplinary actions prescribed in this handbook if the employee:
a. Refuses to undergo drug or alcohol testing; employee may refuse to undergo drug or alcohol
testing of a blood sample upon religious grounds if they consent to testing of a urine sample.
b. Fails to successfully complete a required rehabilitation program as prescri bed by a substance
abuse professional.
19. An employee may request a confirmatory retest of the original sample at the employee’s own expense
within five (5) days of receiving notice of a positive confirmatory test result. It shall be the responsibility
of the employee to contact the City who will work with the employee to contact the laboratory which
performed the original test and also make arrangements with the second federally certified laboratory to
perform the confirmatory retest. If the confirmatory retest does not confirm the original positive test result,
no adverse personnel action based on the original result may be taken against the employee and the City
will reimburse the employee for the actual cost of the confirmatory retest.
20. The employee, upon request and subject to approval of the testing laboratory will have the right to inspect
and observe any aspect of the drug testing program.
21. This drug testing program is solely initiated at the behest of the City for the safety and well -being of the
public and employees. The City shall be solely liable for any legal obligations for its actions of requiring
testing or for actions taken as a result of testing.
22. This Policy is in no way intended to supersede or waive an employee’s federal o r state constitutional
rights, or contractual rights.
23. This Policy is subject to the interpretation of the state law pertaining to drug and alcohol testing.
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EXHIBIT B
CITY OF LAKEVILLE
DRUG AND ALCOHOL TESTING POLICY
FOR COMMERCIAL VEHICLE DRIVERS
I. PURPOSE AND POLICY
The City of Lakeville (“City”) recognizes that alcoholism and other drug dependencies are significant
social problems with a potential for causing severe effects to the City’s work force. The City is
committed to ensuring a work force free of drugs and misuse of alcohol and to protecting the health and
safety of its employees and the public. A work force that is free of drugs and alcohol misuse will serve
our commitment by reducing fatalities, injuries and property damage in perf ormance of City business.
In addition, alcohol and drug testing and sanctions for the use of controlled substances and the misuse
of alcohol will help discourage substance use and reduce absenteeism, accidents, health care costs, and
other alcohol and drug-related problems.
This policy is also intended to comply with all applicable Federal regulations governing drug and alcohol
testing programs for commercial motor vehicle drivers. The Federal Highway Administration (FHWA) of
the U.S. Department of Transportation has published Title 40 Code of Federal Regulations (CFR) Part
382, as amended, that mandates drug and alcohol testing for commercial motor vehicle drivers. The
U.S. Department of Transportation has also published Title 40 CFR Part 40, as am ended, that sets
standards for the collection and testing of drug and alcohol specimens.
All City employees and job applicants whose positions require a commercial driver’s license will be
required to undergo drug and alcohol testing in accordance with fe deral law and the applicable
provisions of this policy. The City may also request or require that drivers submit to drug and alcohol
testing in accordance with the provisions of this policy and as provided in Minn. State §§ 181.950
through 181.957.
II. ALCOHOL AND DRUG TESTING PROGRAM PERSONNEL AND STRUCTURE
A. The designated employer representative for the City with overall responsibility for alcohol and
drug testing and the employee education program is:
Human Resources Manager
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044
Telephone: (952) 985-4491
B. The laboratory that will perform the urine tests for City employees is:
LabCorp
7207 North Gessner
Houston TX 77040
C. The Medical Review Officer (“MRO”) for the City’s drug testing program is:
MRO Services
Stewart Hoffman, FACP
480 Quadrangle, Suite D
21
Bolingbrook IL 60440
Telephone: (888) 794-6574
D. The City will contract to collect urine specimens from employees who are subject to the drug
testing requirements. The clinic in charge of drug testing specimen collection for the City is:
Consolidated Medical Services, Inc.
8072 26th Avenue South
Bloomington MN 55425
Telephone: (952) 876-9300
III. DEFINITIONS
Actual knowledge means actual knowledge by an employer that a driver has used alcohol or
controlled substances based on the employer's direct observation of the employee, information
provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the
influence of alcohol or controlled substances or an employee's admission of alcohol or controlled
substance use, except as provided in 49 C.F.R. § 382.121. Direct observation as used in this definition
means observation of alcohol or controlled substances use and does not include observation of
employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under
49 C.F.R. § 382.307.
Accident means an occurrence involving a commercial motor vehicle operating on a public road
which results in: (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or (3) one or more motor vehicles
incurring disabling damage as a result of the accident, requiring the vehicle to be transported a way from
the scene by a tow truck or other vehicle. The term accident does not include: (1) an occurrence
involving only boarding and alighting from a stationary motor vehicle; (2) an occurrence involving only
the loading or unloading of cargo; or (3) an occurrence in the course of the operation of a passenger car
or a multipurpose passenger vehicle (as defined in 49 C.F.R. § 571.3) by a motor carrier and is not
transporting passengers for hire or hazardous materials of a type and quantity that require th e motor
vehicle to be marked or placarded.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular
weight alcohols including methyl and isopropyl alcohol .
Alcohol Concentration (or content) means the alcohol in a volume of breath expressed in terms
of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
Alcohol Use means the consumption of any beverage, mixture, or preparation, including any
medication, containing alcohol.
Appointing Authority means the City Administrator or other City officer to whom the
Administrator has delegated authority to appoint personnel.
BAT (Breath Alcohol Technician) means an individual who instructs and assists individuals in
the alcohol testing process and operates an Evidential Breath Testing Device (EBT).
Chain of Custody means procedures to account for the integrity of each urine specimen by
tracking its handling and storage from point of specimen collection to final disposition of the specime n.
With respect to drug testing, these procedures shall require that an appropriate drug testing custody
form be used from time of collection to receipt by the laboratory and that receipt by the laboratory and
appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the
laboratory.
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City, City of Lakeville, or Employer means the City of Lakeville, Minnesota, acting through its City
Administrator or a designee of the City Administrator.
Commerce means both of the following: 1) any trade, traffic or transportation within the
jurisdiction of the United States between a place and a state and a place outside of such state, including
a place outside of the United States, and 2) any trade, traffic and transportation in the United States
which affects any trade, traffic, and transportation described in number 1) of this definition.
Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if th e motor vehicle:
a. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a
gross vehicle weight rating of more than 10,000 pounds; or
b. Has a gross vehicle weight rating of 26,001 or more pounds; or
c. Is designed to transport 16 or more passengers, including the driver; or
d. Is of any size and is used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to
be placarded under the Hazardous Materials Regulations.
Confirmation Test for alcohol testing means a second test, following a screening test with a
result of .02 or greater, that provides quantitative data of alcohol concentration. For controlled
substances testing means a second analytical procedure to identify the presence of a specific drug or
metabolite which is independent of the screen test and which uses a different technique and chemical
principle from that of the screen test in order to ensure reliability a nd accuracy. (Gas
chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method of cocaine,
marijuana, opiates, amphetamines, and phencyclidine).
Confirmation Retest for controlled substances it means a third analytical procedure to reconfirm
the presence of a specific drug or metabolite. If the test result of the primary specimen is positive, the
driver may request that the MRO direct the split specimen be tested in any difference DHHS -certified
laboratory for presence of the drug(s).
Confirmed drug test means a confirmation test result received by an MRO from a laboratory.
Designated Employer Representative (DER) is an individual identified by the employer as able to
receive communications and test results from service agents and who is authorized to take immediate
actions to remove employees from safety-sensitive duties and to make required decisions in the testing
and evaluation processes.
Disabling Damage means damage which precludes departure of a motor vehicle from the scene
of the accident in its usual manner in daylight after simple repairs.
(1) Inclusions. Damage to motor vehicles that could have been driven, but would have been
further damaged if so driven.
(2) Exclusions.
(i) Damage which can be remedied temporarily at the scene of the accident without special
tools or parts.
(ii) Tire disablement without other damage even if no spare tire is available.
(iii) Headlight or taillight damage.
(iv) Damage to turn signals, horn, or windshield wipers which make them inoperative.
DHHS means the Department of Health and Human Services or any designee of the Secretary, or
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the Department of Health and Human Services.
DOT Agency means an agency (or "Operating Administration") of the United States Department
of Transportation administering regulations requiring alcohol and/or drug testing.
Driver means any person who operates a commercial motor vehicle. This includes, but is not
limited to: full time, regularly employed drivers; casual, intermittent or occasional drivers; leased
drivers and independent, owner-operator contractors who are either directly employed by or under
lease to the City or who operate a commercial motor vehicle at the direction of or with the consent of
the City. For the purposes of
pre-employment/pre-duty testing only, the term driver includes a person applying to the city to drive a
commercial motor vehicle.
Drug means any substance (other than alcohol) that is a controlled substance as defined in 49
C.F.R. Part 382 and 49 C.F.R. Part 40.
EBT (Evidential Breath Testing Device) means an EBT provided by the National Highway Traffic
Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming
Products list of Evidential Breath Measurement Devices."
Medical Review Officer ("MRO") means a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by an employer's drug testing
program who has knowledge of substance abuse disorders and has appropriate medical training to
interpret and evaluate a driver's confirmed positive test result together with driver's medical history and
any other relevant biomedical information.
Performing a Safety Sensitive Function means a driver is considered to be performing a safety
sensitive function during any period in which the driver is actually performing, ready to perform, or
immediately available to perform any safety sensitive functions.
Positive Test Result means a finding of the presence of a drug or the drug metabolite or alcohol
in the sample tested in levels at or above the threshold detection levels set by the DHHS.
Reasonable Suspicion means that the City believes the appearance, behavior, speech, or body
odors of a driver are indicative of the use of a controlled substance or alcohol based on the observation
of at least one (1) supervisor or official who has received training in the identification of behaviors
indicative of drug use.
Refusal to Submit (to an Alcohol or Cont rolled Substances Test) Refuse means to submit (to an
alcohol or controlled substances test) means that a driver:
(1) Fails to appear for any test (except a pre-employment test) within a reasonable time, as
determined by the employer, consistent with applicable DOT agency regulations, after being
directed to do so by the employer. This includes the failure of an employee (including an owner-
operator) to appear for a test when called by a C/TPA as required under 40 C.F.R. § 40.61(a);
(2) Fails to remain at the testing site until the testing process is complete. Provided, that an
employee who leaves the testing site before the testing process commences a pre -employment
test is not deemed to have refused the test;
(3) Fails to provide adequate a urine specimen for any drug test required by this part or DOT agency
regulations. Provided, that an employee who does not provide a urine specimen because he or
she has left the testing site before the testing process commences for a pre -employment test is
not deemed to have refused to test;
(4) In the case of a directly observed or monitored collection in a drug test, fails to permit the
observation or monitoring of the driver's provision of a specimen;
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(5) Fails to provide a sufficient amount of urine when directed, and it has been determined, through
a required medical evaluation, that there was no adequate medical explanation for the failure;
(6) Fails or declines to take a second test the employer or collector has directed the driver to take;
(7) Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the
verification process, or as directed by the DER under 49 C.F.R. § 40.193(d). In the case of a pre-
employment drug test, the employee is deemed to have refused to test on this basis only if the
pre-employment test is conducted following a contingent offer of employment;
(8) Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so
directed by the collector, behave in a confrontational way that disrupts the collection process); or
(9) Is reported by the MRO as having a verified adulterated or substituted test result.
Safety Sensitive Function means any of those on-duty functions set forth in 49 CFR 395.2
paragraphs 1-6 hereby reproduced:
1. All time at a carrier or shipper plant, terminal, facility, or other property, or on any public
property, waiting to be dispatched, unless the driver has been relieved from duty by the City;
2. All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
3. All driving time which shall mean all time spent at the driving controls of a commercial motor
vehicle in operation:
4. All time, other than driving time, in or upon any commercial motor vehicle except time spent
resting in a sleeper berth, which shall mean a berth conforming to the requirements of federal
regulations;
5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or
in giving or receiving receipts for shipments loaded or unloaded;
6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Screening Test (or Initial Test) On alcohol testing, it means an analytical procedure to determine
whether a driver may have a prohibited concentration of alcohol in the driver’s system. In controlled
substance testing, it means an immunoassay screen to eliminate “negative” urine specimens from
further consideration.
State of Readiness means a driver who is on call, ready to be dispatched, to perform safety-
sensitive functions while on duty.
Substance Abuse Professional means a licensed physician (medical doctor or doctor of
osteopathy), or licensed or certified psychologist, social worker, employee assistance professional, or
addiction counselor certified by the National Association of Alcoholism and Drug Abuse Counselors
Certification Commission who possess knowledge of and clinical experience in the diagnosis and
treatment of alcohol and controlled substances -related disorders.
III. PROHIBITIONS
1. Alcohol Concentration. No driver shall report for duty or remain on duty requiring the
performance of safety sensitive functions while having an alcohol concentration of .04 or greater. (see
V.E. below, for a driver alcohol concentration of more than .02 but less than .04.).
2. Alcohol Possession. No driver shall be on duty or operate a commercial motor vehicle while
the driver possesses alcohol.
3. On Duty Use. No driver shall use alcohol while performing safety sensitive functions.
4. Pre Duty Use. No driver shall perform safety sensitive functions within four hours after
using alcohol.
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5. Use Following an Accident. No driver required to take a post-accident alcohol test shall use
alcohol for eight hours following the accident, or until the driver undergoes a post -accident alcohol test,
whichever occurs first.
6. Refusal to Submit to a Required Alcohol or Controlled Substa nce Test. No driver shall refuse
to submit to a post accident alcohol or controlled substances test, a reasonable suspicion alcohol or
controlled substances test, or a follow-up alcohol or controlled substances test.
7. City’s Duty Regarding Alcohol. If the City has actual knowledge that:
a) a driver has an alcohol concentration of .04 or greater; or
b) a driver is using alcohol while performing safety sensitive functions; or
c) a driver has used alcohol within the past four hours,
d) the driver refused to submit to a test required under number six above;
the City shall not permit the driver to perform or continue to perform safety sensitive functions.
If the City has actual knowledge that a driver possesses alcohol, it shall not permit the driver to continue
to drive a commercial motor vehicle.
8. Controlled Substances Use. No driver shall report for duty or remain on duty requiring the
performance of safety sensitive functions when the driver uses any controlled substance, except when
the use is pursuant to the instructions of a physician who has advised the driver that the substance does
not adversely affect the driver’s ability to safely operate a commercial motor vehicle. The City may
require a driver to inform the City of any therapeutic drug use.
9. Controlled Substance Testing. No driver shall report for duty, remain on duty or perform a
safety sensitive function, if the driver tests positive for controlled substances.
10. City’s Duty Concerning Controlled Substances . The city, having actual knowledge that a
driver has tested positive for controlled substances or that a driver has used a controlled substance,
shall not permit the driver to perform or continue to perform safety sensitive functions.
IV. CONSEQUENCES FOR VIOLATIONS
A. Disciplinary Action.
1. Any driver who refuses to submit to post-accident, random, reasonable suspicion, or
follow-up testing shall not perform or continue to perform safety-sensitive functions and
may also be subject to disciplinary action, which may include immediate suspension
without pay and/or immediate discharge.
2. Drivers who test positive after verification of a confirming test or are otherwise found to
be in violation of this policy shall be subject to disciplinary action, which may include
immediate suspension without pay and/or immediate discharge.
3. Nothing in this policy limits or restricts the right of the City to discipline or discharge a
driver for conduct which not only constitutes prohibited conduct under this policy, but
also violates the City’s other rules or policies or for an inability to perform the essential
functions of the job based on the revocation of the driver’s commercial motor vehicle
license or disqualification of a driver by the Federal Highway Administration.
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B. Removal. A driver determined to have violated any prohibition in Part III of this policy shall
be immediately removed from the safety sensitive function.
C. Referral, Evaluation, and Treatment.
1. Shall be advised of resources available for evaluating and resolving problems associated
with misuse of alcohol and drugs.
2. Shall be evaluated by a SAP, who shall determine what assistance, if any, the driver
needs.
3. Must undergo return-to-work testing before returning to duty.
D. Other alcohol related conduct. A driver tested under Part V who is found to have an
alcohol concentration between .02 and .04 shall not perform or continue to perform safety sensitive
functions for the employer, including driving a commercial motor vehicle, until the start of the driv er’s
next regularly scheduled duty period, but not less than 24 hours following administration of the test.
E. Refusal to submit to a required test. A driver who refuses to submit to a required test
shall be subject to paragraphs A and B above as approp riate. An applicant’s refusal to submit to a pre-
employment test precludes hiring the applicant. A driver’s refusal to submit to a return -to-duty test
precludes a return to duty.
V. REQUIRED EMPLOYER TESTING
A. Requirement for Notice. Before performing an alcohol or controlled substances test, the City
shall notify a driver that the alcohol or controlled substances test is required by federal rules.
B. Pre-employment Testing. Every driver shall undergo testing for alcohol and controlled
substances before the driver performs a safety sensitive function for the City for the first time. If a driver
has been performing safety sensitive functions prior to the adoption of this policy, the driver must be
tested before performing any safety sensitive functions in 1996.
The City is not required to perform an alcohol test required by the preceding paragraph if all of the
following are true:
1. The driver has undergone an alcohol test required by this section or another DOT regulation
within the previous six months and the test result indicated the driver had an alcohol
concentration level below .04; and
2. The City ensures that no prior employer of the driver of which the City has knowledge has
records indicating the driver has violated the rules of this policy or another DOT regulation
within the previous six months; and
3. The City contacts the alcohol testing program in which the driver participated to verify the
foregoing requirements were observed.
The City is not required to perform a pre-employment controlled substance test if:
1. The driver participates in a controlled substances testing program in conformity with this policy;
and
2. Any test results showed an absence of controlled substan ce use; and
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3. The City ensures that no prior employer of the driver of which the City has knowledge has
records indicating the driver has violated this policy or another DOT regulation within the
previous six months; and
4. The City contacts the controlled substance testing program in which the driver participated to
verify the foregoing requirements were observed.
If the City uses, but does not employ, a driver more than once a year, the City must assure itself once
every six months that the driver participates in an alcohol and controlled substances testing program(s)
that meet the requirements of this policy.
C. Post-Accident Testing.
1. As soon as practicable following an accident involving a commercial motor vehicle, the
City shall test the driver for alcohol and controlled substances if the accident involved the
loss of human life or if the driver receives a citation for a moving traffic violation arising
from an accident which results in bodily injury or disabling damage to a motor vehicle.:
a. Drivers should be tested for alcohol use within two (2) hours and no later than eight (8)
hours after the accident.
b. Drivers should be tested for controlled substances no later than thirty - two (32) hours
after the accident.
c. A driver subject to post-accident testing must remain available for testing, or shall be
considered to have refused to submit to the test.
d. If a post-accident alcohol test is not administered within two hours following the
accident, the City shall prepare and maintain on file a record stating the reasons the test
was not promptly administered and continue to attempt to administer the alcohol test
within eight hours.
e. If a post-accident alcohol test is not administered within eight hours following the
accident or a post-accident controlled substances test is not administered within 32 hours
following the accident, the City shall cease attempts to administer the test, and prepare
and maintain on file a record stating the reasons for not administering the test.
Post-accident Information. The City shall provide drivers with necessary post-accident
information, procedures, and instructions, prior to the driver operating a commercial motor
vehicle, so that drivers will be able to comply with the require ments of this section.
Law Enforcement Test Results. The City may use the results from any breath or blood alcohol
test or controlled substance urine test given by a peace officer in accordance with law.
2. Test Types.
a. Alcohol Tests. If a test required by this section is not administered within two
hours following the accident, the City shall prepare and maintain on file a record
stating the reasons the test was not promptly administered. If a test required by
this section is not administered within eight hours following the acci dent, the City
shall cease attempts to administer an alcohol test and shall prepare and maintain
the same record. Records shall be submitted to the Federal Highways
Administration (FHWA) upon request of the Associate Administrator.
b. Controlled Substance Tests. If a test required by this section is not administered
within thirty-two hours following the accident, the City shall cease attempts to
administer a controlled substances test, and prepare and maintain on file a record
stating the reasons the test was not promptly administered. Records shall be
submitted to the FHWA upon request of the Associate Administrator.
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3. A driver who is subject to post-accident testing shall remain readily available for such
testing or may be deemed by the City to have refused t o submit to testing. Nothing in
this section shall be construed to require the delay of necessary medical attention for
injured people following an accident or to prohibit a driver from leaving the scene of an
accident for the period necessary to obtain assistance in responding to the accident, or to
obtain necessary emergency medical care.
4. The City shall provide drivers with necessary post-accident information, procedures, and
instructions, prior to the driver operating a commercial motor vehicle, so that drivers will
be able to comply with the requirements of this section.
5. The City may use the results from any breath or blood alcohol test or controlled
substance urine test given by a peace officer in accordance with law.
D. Random Testing
1. The minimum annual percentage rate for random alcohol testing shall be twenty-five
percent (25%) of the average number of driver positions.
2. The minimum annual percentage rate for random controlled substances testing shall be
fifty percent (50%) of the average number of driver positions.
3. The FHWA Administrator may increase or decrease the minimum annual percentage rate
for alcohol testing applicable January 1 of the calendar year following publication.
4. The selection of drivers for random alcohol and controlled substances testing shall be
made by a scientifically valid method, such as a random number table of a computer -
based random number generator that is matched with drivers’ Social Security numbers,
payroll identification numbers, or other comparable identifying numbers. Under the
selection process used, each driver shall have an equal chance of being tested each time
selections are made.
5. The City shall randomly select a sufficient number of drivers for alcohol testing during
each calendar year to equal an annual rate not less than the minimum annual percentage
rate for random alcohol testing determined by the FHWA Administration. For controlled
substances testing, the City shall randomly select a sufficient number of drivers for
controlled substances testing during each calendar year to equal an annual rate not less
than the minimum annual percentage rate of fifty percent (50%) of drivers.
6. The random alcohol and controlled substances test conducted shall be unannounced and
the dates for administering random alcohol and controlled substances test shall be
spread reasonably throughout the calendar year.
7. Each driver who is notified of selection for random alcohol and/or controlled substances
testing shall proceed to the test site immediately; provided, however, that if the driver is
performing a safety-sensitive function at the time of notification, the driver shall cease to
perform the safety-sensitive function and proceed to the testing site as soon as possible
as directed.
8. A driver shall only be tested for alcohol while the driver is performing safety-sensitive
functions, just before the driver is to perform safety-sensitive functions, or just after the
driver has ceased performing such functions.
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E. Reasonable Suspicion Testing
1. A driver shall submit to an alcohol test when the City has reasonable suspicion to believe
that the driver has violated the prohibitions concerning alcohol, except for II. B. (Alcohol
Possession). The determination that reasonable suspicion exists to require the driver to
undergo an alcohol test shall be based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech or body odors of the driver.
2. A driver shall submit to a controlled substances test when the City has reasonable
suspicion to believe that the driver has violated the prohibitions concerning controlled
substances. The City’s determination that reasonable suspicion exists to require the
driver to undergo a controlled substances test shall be based on specific,
contemporaneous, articulable observations concerning the appearance, behavior, speech
or body odors of the driver. The observations may include indications of the chronic and
withdrawal effects of controlled substances.
3. A trained supervisor or City official shall make the required observations for alcohol
and/or controlled substances for reasonable suspicion testing. The person who makes
the determination that reasonable suspicion exists to conduct an alcohol test shall not
conduct the alcohol test of the driver.
4. Alcohol testing is authorized only when the observations are made during, just
preceding, or just after the period of work day that the driver is required to be in
compliance. A driver may be directed by the City to only undergo reasonable suspicion
testing while the driver is performing safety-sensitive functions, just before the driver is
to perform safety-sensitive functions, or just after the driver has ceased performing such
functions.
5. If an alcohol test is not administered within two (2) hours following the determination,
the City shall prepare and maintain on file a record stating the reasons the alcohol test
was not promptly administered. If an alcohol test is not administered within eight (8)
hours following the determination, the City shall cease attempts to administer an alcohol
test and shall state in the record the reasons for not administering the test.
Notwithstanding the absence of a reasonable suspicion alcohol test, driver shall not
report for duty or remain on duty requiring the performance of safety-sensitive functions
while under the influence of or impaired by alcohol, as shown by the behavioral, speech,
and performance indicators of alcohol misuse, nor shall the City permit the driver to
perform or continue to perform safety-sensitive functions, until:
a. An alcohol test is administered and the driver’s alcohol concentration measures
less than 0.02; or
b. Twenty-four (24) hours have elapsed following the determination that there is
reasonable suspicion to believe that the driver has violated the prohibitions
concerning the use of alcohol.
Except as provided above, the City shall not take any action against a driver based solely
on the driver’s behavior and appearance, with respect to alcohol use, in the absence of
an alcohol test. This does not prohibit the City from taking any action otherwise
consistent with law.
6. A written record shall be made of the observations leading to a controlled substance
reasonable suspicion test, and signed by the supervisor or City official who made the
observations, within twenty-four (24) hours of the observed behavior or before the
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results of the controlled substances test are released, whichever is earlier.
F. Return-To-Duty Testing
1. The City shall ensure that before a driver returns to duty requiring the performance of
safety-sensitive function after engaging in prohibited conduct concerning alcohol, the
driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol
concentration of less than 0.02.
2. The City shall ensure that before a driver returns to duty requiring the performance of
a safety-sensitive function after engaging in prohibited conduct concerning controlled
substances, the driver shall undergo a return-to-duty controlled substances test with
a result indicating a verified negative result for con trolled substances use.
G. Follow-up Testing
1. Following a determination that a driver is in need of assistance in resolving problems
associated with alcohol misuse and/or use of controlled substances, the City shall
ensure that the driver is subject to unannounced follow-up alcohol and/or controlled
substances testing as directed by a substance abuse professional.
2. Follow-up alcohol testing shall be conducted only when the driver is performing
safety-sensitive functions, just before the driver is to perform safety-sensitive
functions, or just after the driver has ceased performing safety -sensitive functions.
H. CONTROLLED SUBSTANCES AND ALCOHOL TESTING PROCEDURES
A. Designation of Collection Site. In order to ensure that the procedures used to test for the
presence of alcohol and controlled substances will protect the driver and the integrity of the testing
processes, safeguard the validity of the test results and ensure that those results are attributed to the
correct driver, the City shall comply with the requirements of 49 CFR Part 40, including the following:
1. Collection Sites, Forms, Equipment and Supplies Used in Urine Collections; (49 C.F.R.
Part 40, Subpart D)
2. Urine Specimen Collections; (49 C.F.R. Part 40, Subpart E)
3. Drug Testing Laboratories; (49 C.F.R. Part 40, Subpart F)
4. Medical Review Officers and the Verification Process; (49 C.F.R. Part 40, Subpart G)
5. Split Specimen Tests; (49 C.F.R. Part 40, Subpart H)
6. Problems in Urine Testing; (49 C.F.R. Part 40, Subpart I)
7. Alcohol Testing Personnel; (49 C.F.R. Part 40, Subpart J)
8. Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing; (49 C.F.R. Part 40,
Subpart K)
9. Alcohol Screening Tests; (49 C.F.R. Part 40, Subpart L)
10. Alcohol Confirmation Tests; (49 C.F.R. Part 40, Subpart M)
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11. Problems in Alcohol Testing; (49 C.F.R. Part 40, Subpart N)
12. Substance Abuse Professionals and the Return-to-Duty Process(49 C.F.R. Part 40, Subpart
O).
VI. HANDLING OF TEST RESULTS
RECORD RETENTION AND CONFIDENTIALLY
A. Records – Department of Transportation Rules and Regulations as follows are
incorporated by reference:
Section 382.401 Retention of Records.
Section 382.403 Reporting of results in a Management Information System.
Section 382.405 Access to Facilities and Records.
Section 382.407 Medical Review Officer Notifications to the Employer.
Section 382.409 Medical Review Officer Record Retention for Controlled
Substances.
B. Notification – The City shall notify the driver the results of random reasonable suspicion
and post-accident tests for controlled substances conducted under § 382.411 if the tests
are verified positive. The City shall also inform the driver which controlled substance or
substances were verified as positive.
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APPENDIX A
REFERRAL, EVALUATION, AND TREATMENT
A. The City shall advise any driver who has violated subpart B of this policy of the resources
available to the driver in evaluating and resolving problems associated with the misuse of alcohol and
the use of controlled substances. The City shall provide the driver with names, addresses, and telephone
numbers of substance abuse professionals and counseling and treatment programs
B. Each driver who violates part B of this policy shall be evaluated by a substance abuse
professional who shall determine what assistance, if any, the driver needs in resolving problems
associated with alcohol misuse and controlled substances use.
C. Evaluation
1. Before a driver returns to duty requiring the performance of a safety sensitiv e function
after engaging in conduct prohibited by part B of this policy, the driver shall undergo a
return-to-duty alcohol test with a result indicating an alcohol concentration of less than
.02 if the conduct involved alcohol, or a controlled substances test with a verified
negative result if the conduct involved a controlled substance.
2. In addition to the previous paragraph, each driver identified as needing assistance in
resolving chemical problems:
a. shall be evaluated by a substance abuse professional to determine that the
driver has properly followed any rehabilitation program prescribed under
paragraph b of this section, and
b. shall be subject to unannounced follow-up tests administered by the City
following the driver’s return to duty. The City shall follow the testing frequency
and methodology requirements of 49 CFR 382.605.
D. The City may elect to provide the evaluation and rehabilitation required by this section;
however, the City must use a substance abuse professional. The assignment of costs sha ll be made in
accordance with employer/driver agreements and employer policies.
E. If the City decides to provide the requisite evaluation and rehabilitation functions, the City
can not allow the substance abuse professional to refer patients to the professi onal’s private practice or
to an outfit from which the professional receives remuneration .
F. The requirements of this Appendix do not apply to applicants who refuse to submit to a pre -
employment testing or who have a pre-employment alcohol test with a result indicating an alcohol
concentration of .04 or greater or a controlled substances test with a verified positive test result.
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EXHIBIT C
CITY OF LAKEVILLE
UNIFORM POLICY
PURPOSE
The work of a City of Lakeville maintenance employee can involve a considerable amount of public contact
in a variety of municipal settings. Because of this high degree of visibility to City residents, it is important
that maintenance employees present a positive image of the City of Lakeville to its residents. This not
only involves the basics of good customer relations – courtesy, helpfulness, and a cheerful attitude – but
also the appearance and identification of employees who wear the official uniform of the City.
To this end, the City of Lakeville has developed a uniform program for its employees that is
representative of the City’s goal to provide the highest level of quality public service and customer
relations. The purpose of this policy is to outline requirements and procedures regarding eligibility,
uniform wear and appearance, uniform options, and uniform items available to Street, Parks, Fleet, and
Utility Department employees.
ELIGIBILITY
All regular employees who are members of the Public Works and Parks Departments bargaining group
are required to wear uniforms and will choose either to rent or to purchase uniforms according to the
guidelines in this policy.
All seasonal employees hired by the Public Works and Parks Departments shall be identifiable as City
employees during the period of their employment. The City will designate and provide suitable uniform
items for use during the period of employment. Seasonal employees shall be required to wear uniform
items while on the job. They will be required to turn them in on the last day of employment.
UNIFORM WEAR AND APPEARANCE
Unless otherwise instructed, all regular and seasonal employees shall wear uniforms and accessory items
as prescribed by the City.
All employees will be expected to begin their workday in uniform. Uniforms shall fit properly, be clean,
and properly maintained. Employees should not report to work wearing soiled, torn, or unserviceable
uniforms. Employees shall replace uniforms and accessory items when they a re no longer serviceable.
All unserviceable uniform items shall have all City logos and other insignia removed prior to disposal.
Unserviceable is defined as:
➢ Torn, ripped or soiled beyond reasonable repair or cleaning. Small tears or rips shall be repaired
promptly.
➢ Worn out by normal wear and washing to the point they are disintegrating.
➢ The uniform does not fit due to change in body dimensions.
All purchased unserviceable uniform items shall have City logos and insignia removed before being wor n
outside of work.
If the clothing item can be worn as an outer garment, and is purchased with City funds, it must have City
logo permanently attached (i.e. embroidered, patch, or silk -screen). Uniform shirts, polo shirts, tee shirts,
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sweatshirts, coveralls, jackets, and parkas shall have the City logo attached as a patch, embroidered, or
silk-screened on the item. These labels shall be maintained throughout the life of the uniform.
UNIFORM OPTIONS
Regular City maintenance employees have two options for obtaining uniforms:
1. They can elect to rent the uniform from a uniform vendor under City contract, or
2. They can elect to receive an annual uniform allowance with which to purchase the items
individually.
Under the rental option, employees receive a basic uniform and services package, including a winter
jacket that will meet the goals of the City for both appearance and serviceability. Optional items may
be purchased by the employee to supplement the basic uniform.
Under the annual clothing allowance, employees are able to purchase uniform items from approved
vendors. The City will provide a list of items that are required as part of the basic uniform as well as
optional items that can be purchased for wear with the basic uniform. Employees using t his option are
responsible for all cleaning and upkeep of their uniforms. Employees using this option may purchase
pants at a store of their choice.
The City shall require all employees to purchase at least three new shirts and three pairs of pants each
year. New employees shall be required to purchase five new shirts and three pairs of pants.
UNIFORM ITEMS
The basic uniform is as follows:
➢ Pants – Employees under either option can wear industrial-style pants or jeans in navy, black, and/or
tan/khaki jean.
➢ Uniform Shirts - Employees under either option can wear solid color short or long sleeve shirts in navy,
black, burgundy, or tan/khaki. Under the rental option, shirts supplied will be in a single City chosen color.
Optional items may be purchased by employees under either option and can be worn in combination with
the basic uniform. Approved colors are navy, black, burgundy, or tan/khaki unless otherwise noted.
➢ Tee shirts with City logo
➢ Chambray/denim shirts – solid color
➢ Button down shirts – solid color
➢ Turtle necks – solid color
➢ Polo Shirts – solid color
➢ Hooded sweatshirts, crew neck sweatshirts and lightweight pullovers – solid color
➢ Coveralls – in navy, black, or brown.