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LABOR AGREEMENT
BETWEEN
CITY OF LAKEVILLE, MINNESOTA
AND
MINNESOTA TEAMSTERS PUBLIC & LAW
ENFORCEMENT EMPLOYEES UNION
LOCAL NO. 320, MINNEAPOLIS, MINNESOTA
Representing: Public Works Department
Effective January 1, 2011 through December 31, 2011
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 5
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 10
ARTICLE 19 2011 WAGE SCHEDULES 10
ARTICLE 20 LEAD MAINTENANCE POSITION 10
ARTICLE 21 UTILITY DEPARTMENT LICENSES AND PAY 10
ARTICLE 22 SERVICE TECHNICIAN LICENSE OR CERTIFICATION 11
ARTICLE 23 EQUIPMENT PAY 11
ARTICLE 24 SHIFT DIFFERENTIAL 11
ARTICLE 25 SEVERANCE PAY 11
ARTICLE 26 STAND-BY REQUIREMENTS/ASSIGNMENT AND PAY 12
ARTICLE 27 SYSTEMS MONITORING AND PAY 12
ARTICLE 28 SEASONAL AND PART-TIME EMPLOYEES 12
ARTICLE 29 EMERGENCY CALL-OUT 13
ARTICLE 30 COFFEE BREAK 13
ARTICLE 31 LUNCH - DINNER BREAK 13
ARTICLE 32 USE OF CITY EQUIPMENT OR FACILITIES 13
ARTICLE 33 TIME CLOCK CARDS AND REPORTS 13
ARTICLE 34 DISCIPLINE 13
ARTICLE 35 INTER-DEPARTMENT WORK 14
ARTICLE 36 LEGAL DEFENSE 14
ARTICLE 37 RIGHT OF SUBCONTRACTING 14
ARTICLE 38 SENIORITY 14
ARTICLE 39 PROBATIONARY PERIODS 14
ARTICLE 40 SAFETY - SAFETY SHOES 14
ARTICLE 41 UNIFORMS 14
ARTICLE 42 JOB POSTING 15
ARTICLE 43 LEAVE OF ABSENCE WITHOUT PAY AND JURY DUTY 15
ARTICLE 44 POLITICAL ACTION COMMITTEE 15
ARTICLE 45 WAIVER 15
ARTICLE 46 COMMERCIAL DRIVERS LICENSE REIMBURSEMENT 16
ARTICLE 47 DRUG AND ALCOHOL TESTING POLICY 16
ARTICLE 48 DURATION 16
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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,
Section 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 Street, Service Technician, Utility 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, direct 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 interpretation 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 responsibilities 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 be considered waived.
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Step 2. If appealed, the written grievance 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 ten (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,
unless 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
presented.
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 answer. 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 an 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
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be utilized, Step 4 of 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, Local 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 purposes 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 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.
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 receive pro-rated health,
dental, long-term disability and life insurance benefits as listed in this Agreement.
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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 employee 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.*
*The Union and the EMPLOYER, for the period of this contract, agree to a 6:30 a.m. to 3:00 p.m. shift
from April 1 through September 30 when offered by the EMPLOYER.
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.
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
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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 departments experiencing the overtime. Overtime will then be offered to the Maintenance 2
or meter readers with the lowest amount of accruedovertime 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.
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 Sunday. 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 shift 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, 2011, the Employer shall make payment according to the schedule below.
Effective January 1, 2011, the Employer shall pay 50% of the increase in cost of group medical dependent
insurance towards only The Select Choice and High Deductible plans.
MONTHLY PREMIUM COSTS
Employee Employer Total Premium
Open Access
Family $793.15 $696.01 $1489.16
EE+Spouse $643.06 $563.66 $1206.72
EE+Child(ren) $607.18 $532.80 $1139.98
Single $193.50 $371.51 $ 565.01
Select Choice
Family $497.85 $842.41 $1340.26
EE+Spouse $403.38 $682.69 $1086.07
EE+Child(ren) $381.05 $644.91 $1025.96
Single $ .00 $508.51 $ 508.51
High
Deductible/HRA
Family $386.02 $777.63 $1163.65
EE+Spouse $331.80 $611.15 $ 942.95
EE+Child(ren) $318.98 $571.81 $ 890.79
Single $ .00 $441.51 $ 441.51
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High
Deductible/HSA
Family $311.96 $703.60 $1015.59
EE+Spouse $271.81 $551.16 $ 822.97
EE+Child(ren) $262.31 $515.13 $ 777.44
Single $ .00 $385.33 $ 385.33
For 2011, HRA/VEBA and HSA funds will be deposited in employee accounts in January and
July, as close as reasonably possible to the first of the month. The annual amounts for new
employees will be prorated based on the eligibility date for new employees:
HRA/VEBA January July
Family 988.00 988.00
EE + Spouse 912.50 912.50
EE + Child(ren) 894.50 894.50
Employee 763.50 763.50
HRA/VEBA
Family 1188.00 1188.00
EE + Spouse 1112.50 1112.50
EE + Child(ren) 1094.50 1094.50
Employee 963.50 963.50
12.2 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 dependant coverage, the
Employee will pay the monthly cost above the Employer contribution via payroll deduction.
12.3 Any costs beyond the amounts payable by the EMPLOYER shall be paid by the EMPLOYEE via payroll
deduction.
12.4 The Employer shall contribute one hundred percent (100%) of the monthly cost for ($15,000) life
insurance as per the coverage and terms of the policy in effect on January 1, 1990.
12.5 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.
12.6 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. For Employees hired after January 1, 1999, sick leave may be accumulated as earned up to
a total of 960 hours (120 working days).
13.2 Sick leave may be used for the employee's immediate family members for their care. Immediate family
is the husband, wife and children of the employee.
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.
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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 payment 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 34 of the AGREEMENT.
Employees are expected to accumulate sick leave and not abuse it by using as it accrues
monthly.
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
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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
th
16 year of employment, 21 days 168hours
th
17 year of employment, 22 days 176 hours
th
18 year of employment, 23 days 184 hours
th
19 year of employment, 24 days 192 hours
th
20 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 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.
17.6 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 department requests
the same date(s) off at the same time.
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ARTICLE 18. HOLIDAYS
18.1 There shall be eleven (11) holidays per year as follows:
New Years 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 Years Eve, one-half day
One Floating Holiday
* 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. 2011 WAGE SCHEDULES
19.1 The wage schedules for the Street, Service Technician, Utility and Park Departments for 2010 are as
follows:
Effective January 1, 2011:
A B C D
START 12 MOS 24 MOS 36 MOS
MAINTENANCE II 21.09 22.77 24.47 25.53
METER READER 13.45 14.00 14.58 15.05
ARTICLE 20. LEAD MAINTENANCE POSITION
20.1 The EMPLOYER will appoint an employee to a full-time Lead Maintenance position in the Utility, Street,
Service Technician, and Park Departments. The employee appointed may or may not be the senior
employee in the department. The appointed employee shall work on the day(s) when the department
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 for days.
20.2 Effective January 1, 2011, Lead Maintenance pay shall be one dollar and seventy-five cents ($1.75) per
hour above the employee’s Maintenance 2 hourly rate. Lead maintenance workers will be required to
carry pagers and/or cell phones.
ARTICLE 21. UTILITY DEPARTMENT LICENSES AND PAY
21.1 Any employee in the Utility Department who earns a Class D Water or Waste Water Systems Operators
license from the State of Minnesota shall be paid seventy-two cents ($.72) in addition to his/her wage
schedule per hour effective January 1 2011.
21.2 Any employee who receives a Class C Water or Waste Water Systems Operators license from the
State of Minnesota shall be paid an additional eighty-three cents ($.83) per hour effective January 1,
2011.
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21.3 Any employee who receives a Class B Water or Waste Water Systems Operators license from the
State of Minnesota shall be paid an additional one dollar and eleven cents ($ 1.11) per hour effective
January 1, 2011. Only one license may apply.
ARTICLE 22. SERVICE TECHNICIAN LICENSE OR CERTIFICATION
22.1 Effective January 1, 2011 any employee in the Maintenance/Service Technician who has a certification
by an independent educational/vocational agency shall be paid one dollar and thirty-nine cents ($1.39)
per hour in addition to his/her wage schedule pay rate. The certification must be satisfactory to the
Employer as to its qualification for this pay.
22.2 Effective January 1, 2011, an employee in the Utility Maintenance/Tech classification who has a
certification by an independent educational or vocational agency, or has the necessary experience in
the controls and electronic field shall be paid one dollar and thirty-nine cents ($1.39) per hour in
addition to the employee's Maintenance 2 wage schedule rate. The certification or experience must be
satisfactory to the Employer as to its qualifications for this pay.
22.3 Effective January 1, 2011, any employee in the Maintenance/Forester classification who has a
certification by a state agency or an independent educational/vocational agency shall be paid one dollar
and thirty-nine cents ($1.39) per hour in addition to his/her wage schedule pay rate. The certification or
experience must be satisfactory to the Employer as to its qualifications for this pay.
ARTICLE 23. EQUIPMENT PAY
23.1 All non-licensed employees in the Street, Service Technician, Utility and Parks Departments,
Maintenance 2 position, will receive $.34 per hour equipment pay in addition to their scheduled base
rate of pay for 2011.
23.2 Effective January 1, 2011, 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 $ .51 for every hour i.e., 2,080 hours.
23.3 Effective January 1, 2011, the City agrees to pay primary vactor operator fifty-one ($ .51) cents per hour
while operating vactor in the year.
ARTICLE 24. 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 25. SEVERANCE PAY
25.1 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.
25.2 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 26. STAND-BY REQUIREMENTS, ASSIGNMENT AND PAY
26.1 Stand-by shall require the employee to be available and ready for work when contacted by the
EMPLOYER.
26.2 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.
26.3 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 six (6) 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 27. SYSTEMS MONITORING AND PAY
27.1 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.
27.2 For Employees simultaneously assigned to standby duty under the provisions of Article 27 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 27.1.
ARTICLE 28. SEASONAL AND PART-TIME EMPLOYEES
28.1 Seasonal and part-time employees' wage schedules, hours, benefits and conditions of employment for
positions other than Maintenance 2 and Meter Reader are to be set by resolution adopted by the City
Council and not subject to the terms and conditions of this AGREEMENT. Seasonal employees will be
as defined by PELRA effective January 1, 2007.
28.2 A seasonal maintenance employee is defined as an employee who works in a position that is
reasonably expected to be 120 working days or less per calendar year, in a full-time or part-time
capacity (more than 14 hours per week).
28.3 Seasonal employees expected to work more than 67 days (or 100 days for students) per year will be
limited to the following number of positions: Mower/Sanitation(4), Ballfield Dragger/Sanitation (1),
Gardener (1) Hydrant Painter (1), Camera Helper (1), Vactor Helper (1), Gopher State One Helper (1),
Mechanics’ Helper (1) and Sign Helper (1) . The regular schedule for seasonal employees expected to
work more than 67 days per year (or 100 days for students) will be 7:30 a.m. to 4:00 p.m., Monday
through Friday, except holidays.
28.4 All overtime will be offered to full-time employees prior to seasonal employees.
28.5 Seasonal employees’ wage schedules, hours, benefits and conditions of employment are to be set by
resolution adopted by the City Council and not subject to the terms and conditions of this Agreement.
28.6 Effective in 2011, two seasonal employees defined by PELRA may be extended until September 15.
28.7 This provision shall remain in full force and effect only during the term of this contract.
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ARTICLE 29. EMERGENCY CALL-OUT
Emergency call-out by the supervisor shall be by seniority on a rotated basis for all full-time employees
in the 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 30. COFFEE BREAK
Coffee breaks shall be provided once in the morning and once in the afternoon for up to fifteen (15)
minutes each and are to be taken on the job site.
ARTICLE 31. 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 32. 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 33. 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 34. DISCIPLINE
34.1 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
34.2 Suspensions, demotions and discharges will be in written form.
34.3 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.
34.4 Employees may examine their own individual personnel files at reasonable times under the direct
supervision of the EMPLOYER.
34.5 Discharges will be preceded by a five (5) day suspension without pay.
34.6 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.
34.7 Grievances relating to this Article shall be initialed by the UNION in Step 3 of the grievance procedure
under Article 6.
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ARTICLE 35. INTER-DEPARTMENT WORK
Employees in the Street, Service Technician, Utility and Park Departments shall assist and perform
work as directed and scheduled in the other departments to the best of their ability.
ARTICLE 36. LEGAL DEFENSE
36.1 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.
36.2 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 37. 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 38. 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 39. PROBATIONARY PERIODS
39.1 All newly hired or rehired employees will serve a twelve (12) months' probationary
period.
39.2 All employees will serve a six (6) months' probationary period in any job classification in which the
employee has not served a probationary period.
39.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the
sole discretion of the EMPLOYER.
39.4 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 40 - 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 twenty-five dollars ($225.00) for the
th
purchase of leather safety shoes. The safety shoe allowance shall be paid by the 4 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 41 - UNIFORMS
42.1 Effective January 1, 2011, regular full-time maintenance Employees shall receive an annual clothing
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allowance of four hundred fifty dollars ($480). The uniform allowance shall be paid by the 4 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
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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.
ARTICLE 42. JOB POSTING
42.1 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.
42.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the
conditions of Article 40 (PROBATIONARY PERIODS).
42.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on
qualifications, abilities and experience.
42.4 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.
42.5 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.
42.6 If required licensing i.e. water and sewer can be achieved within one year, the employer will consider
the employee qualified. However, a one-year probationary period will be mandatory.
ARTICLE 43. LEAVE OF ABSENCE WITHOUT PAY AND JURY DUTY
43.1 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.
43.2 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 44. 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 45. WAIVER
45.1 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.
45.2 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
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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
executed.
ARTICLE 46. COMMERCIAL DRIVERS LICENSE REIMBURSEMENT
The EMPLOYER agrees to reimburse all regular full-time employees the difference between the cost of
a Class D drivers license and the Minnesota Commercial Drivers License required to perform the
required job tasks.
ARTICLE 47. 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 48. DURATION
This AGREEMENT shall be effective January 1, 2011, and shall remain in full force and effect until
December 31, 2011.
In Witness Whereof, the parties hereto have executed this AGREEMENT on this 1st day of
August, 2011.
CITY OF LAKEVILLE, MINNESOTA TEAMSTERS LOCAL NO. 320
________________________________
Steven C Mielke, City Administrator Michael O’Donnell, Business Agent
__________________________ ________________________________
Mark Bellows, Mayor Doug Aldrich, Union Steward
________________________________
Mick Higgins, Union Steward
________________________________
Troy Rezac, Union Steward
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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 employee 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 the 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.
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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 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 make 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 fringe benefits provided at their
assigned position provided the employee is using available accumulated leave.
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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.
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 prescribed 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 or 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 performance 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 amended, 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 federal 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
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:
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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 away 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 the 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 specimen. 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.
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 the motor vehicle:
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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 and 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 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.
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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.
P
erforming 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 Controlled 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;
(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
23
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.
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. Rfusal to Submit to a Required Alcohol or Controlled Substance Test
e. 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
24
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.
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 driver’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 appropriate. 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.
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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 substance use; and
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 requirements 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.
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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 accident, 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.
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 to 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.
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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.
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.
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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 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 controlled 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)
29
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 sensitive 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 shall 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 professional’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 Departmentemployees.
ELIGIBILITY
All regular employees who are members of the Street, Parks, Fleet, and Utility Department 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 Street, Parks, Fleet, and Utility 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 are 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 worn
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,
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.
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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 that meets 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 this 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.
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into between the City of Lakeville (hereafter the
Employer) and the Minnesota Teamsters Public & Law Enforcement Employees Union Local No. 320
(hereafter the Union).
WHEREAS
, the Employer and the Union are parties to a Labor Agreement in effect from
January 1, 2011 to December 31, 2011; and
WHEREAS
, during negotiations for the Labor Agreement, the parties discussed the impact
that health insurance increases may have on members because there is no cost of living increase.
NOW, THEREFORE
, the parties have agreed to the following:
1. The Employer will allow the union employee to cash out accrued vacation hours up to
an amount that’s directly equivalent to the employee’s increase in health insurance for
2011.
City of Lakeville Teamsters Local No. 120
Signature/Date Signature/Date
________________________________
Steven C Mielke, City Administrator Michael O’Donnell, Business Agent
________________________________
Doug Aldrich, Union Steward
________________________________
Mick Higgins, Union Steward
________________________________
Troy Rezac, Union Steward
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