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then if that individual worked after 4:00 p.m. on one of the other given days, <br />their number of hours worked overtime may be less than the amount of hours that <br />they worked after 4:00 p.m. Fair Labor Standards Act says if you worked over <br />40 hours, you get paid time and one-half. We are holding to the position, <br />according to the Federal Government's interpretation of the Fair Labor <br />Standards Act, which is very clear. The union is claiming that past practices <br />were different and they agreed past practice is not what was written in the <br />contract. Mr. Hartley stated that he suspects this grievance will go to an <br />arbitrator. <br /> <br />Councilmember Cox inquired if this same sort of situation could arise if a <br />regular shift was changed to 12:00 noon to 8:00 p.m. <br /> <br />Mr. Hartley replied that all things are possible but the contract provides that <br />the City can make work shift adjustments. Mr. Hartley stated that he is sure <br />that the union would hold that you can't change regular shifts because of <br />supposedly past practices. The bargaining unit did not agree to past <br />practices; they agreed to the contract in place. <br /> <br />Councilmember Cox inquired if what is in the contract was proposed by the <br />bargaining unit. <br /> <br />Mr. Hartley replied that a great deal of what is in the contract was proposed <br />by himself and Bill Goodrich; the bargaining unit reviewed, agreed and signed <br />it. The arbitrators do have a tendency to assume that whatever was done in the <br />past was an unwritten contract and that this contract we have is an extension <br />of that unwritten contract. <br /> <br />Councilmember DeLuca inquired if it would be wise to add clarification language <br />to the contract should the arbitrator rule in the city's favor. <br /> <br />Mr. Hartley stated that it would not. If the arbitrator rules in the City's <br />favor, that solidifies the contract as being tested. Recommend doing <br />everything possible to insure you don't have to change any contract language. <br /> <br />Councilmember Cox inquired if it is appropriate for Sylvia Frolik to be taking <br />minutes at this meeting. <br /> <br />Mr. Hartley replied that Ms. Frolik is classified as 'confidential employee' <br />and is not a member of the bargaining unit. <br /> <br />Motion by Councilmember Cox and seconded by Councilmember DeLuca directing that <br />the Personnel Committee be present at all labor negotiations between the City <br />of Ramsey and the bargaining unit represented by AF$CME. <br /> <br />Motion carried. Voting Yes: Mayor Reimann, Councilmembers $orteberg, Cox, <br />Schlueter and DeLuca. Voting No: None. <br /> <br />Mr. Hartley gave a brief overview of draft work he has prepared on comparable <br />worth thus far. Mr. Hartley explained how the various job classification <br />groups and pay ranges with high, low and midpoints were arrived at. The <br />information base utilized was derived from the study prepared by Controlled <br />Data Corporation. Employee movement through those pay ranges will be <br /> October 7, 1986 <br /> <br />Page 2 of 3 <br /> <br /> <br />