HomeMy WebLinkAbout5.a. Maintenance Level I Recommendationor
DATE: APRIL 2, 1987
TO: ADMINISTRATOR STEVE JILK
FROM: CITY ENGINEER/PUBLIC WORKS DIRECTOR RICH HEFT
SUBJ: MAINTENANCE LEVEL 1 RECOMMENDATIONS
I have posted the postion opening for Maintenance Level 1 in the Public
Works Garage posting area and also in the lobby of the City Hall as the
union contract requires. Both of the existing temporary employees, Carl
Dahnke and AJ Korpella are applying for this opening.I also recieved five
other applications from people outside the City work force. Because the two
City employees are qualified for the position, I did not consider the
additional applications further at this time.
Public Works Supervisor Brown and Public Works Foreman Cook are recommending
Mr. Dahnke to fill the Maintenance Level 1 position. The reasons being that
Mr. Dahnke was hired last April to fill this same position in anticipation
of Mr. Mazurkiewitz's termination. During Mr. Dahnke's employment with the
City, he has performed satisfactorily.
I agree with the recommendation from Supervisor Brown and Foreman Cook
regarding the hiring of Carl E. Dahnke to fill the position of Maintenance
Level 1 pending successful completion of a physical and background check.
cc: Finance Director Don Darling
Public Works Supervisor Don Brown
Public Works Foreman Richman Cook
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APR 0 31987
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DATE: APRIL 7, 1987
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Gentlemen,
You have received a recommendation frau Rich Hefti concerning
the hiring of Carl Dahnke to fill the position vacated by Don
Mazurkiewicz per his inability to meet requirements for
employment. I concur with Richs' reconv endation.
Based upon Carls performance since I have been here, I would
concur with Rich's appraisal and support the action. Carl
will be placed in the Maintenance I position with a 1987 base
rate of $7.26/hr and benefits.
Further, I would advise you that, based upon my review of the
union contract and discussion with and confirmation of my
interpretation of the contract by Dave Grannis, that we will
be responsible for back pay. This pay would go back to
January 1, 1987, in Carls rase, the difference between his
current pay of $7.00/hr and the Maintenance Level I pay of
$7.26/hr. Prior to January 1, 1987 the base pay for that
position was $6.98/hr.
Also and more importantly, we are obligated to place A. J.
Korpela, hired on May 15, 1986, in a permanent status as
Maintenance Level I at a rate of pay and benefits
commensurate with that position. We will be obligated to
grant back pay to A. J. back to November 15, 1986 at a rate
of the difference between his current pay of $5.50/hr and
$6.98/hr, the 1986 base rate for Maintenance Level I, from
November 15, 1986 and the difference between $5.50/hr and
$7.26/hr from January 1, 1987 until now.
You're obviously asking why?
Carl Dahnke was hired on April 7, 1986 as a temporary
employee to fill the temporary vacancy left by Don
Mazurkiewicz periling the outcome of his ability to get a
drivers license. A. J. Korpela was hired on May 19, 1986 as
a temporary employee to handle the added seasonal load
experienced in the Public Works Department. A. J. was kept
on during the fall and then into winter to assist in projects
that department was able to accomplish because of a lack of
snow cover.
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Maintenance Positions
I was advised, when I started in November, that both of these
employees were temporary employees. I asked and received a
recommendation frcm. Rich Hefti that A. J., the only extra
employee, so to speak, be retained through the summer of 1987
before a decision was made as to laying him off because of
the need for people in the public works. I concurred and you
were advised of this two Council meetings ago when we
discussed Don Mazurkiewicz.
There are two factors governing our dealings with employees
of the City. They are; the Minnesota Labor Relations Act
(State Statute #179) and the contract we have with, in this
case, the members of the Public Works Department. Let's
review what effects both have here:
The Union Contract states that any employee working in
Public Works for more than 14 hours a week or 35% of the
normal work week and more than 67 work days is eligible
to be in the Union. After 6 calendar months of
employment an employee will be considered a "permanent
employee". For Carl Dahnke that would have meant he was
a "permanent employee" as of October 4th and A. J.
Korpela would have reached that status as of November
15th.
State Statute #179 states that this permanency goes into
affect at 100 days. For Carl this would have been
August 2, 1986 and for A. J. it would have been October
3, 1986. So, according to State law, as of October 3,
1986 we were obligated to consider A. J. as a full time,
permanent employee or find reason to lay him off. State
law will hold over a contract as long as it is more
restrictive. In discussion with the Union we understand
the position they are taking is to grant back pay only
to the 6 months point and not 100 days.
My first thought on this matter was to fight it. But,
after two lengthy discussions with Dave Grannis and my
review of State law I see no reason to fight it except
to delay the ultimate result and most assuredly create
animosity among employees. A mistake was clearly made.
Decisions on these two positions should have been made
prior to the 100 days and preferably prior to the 67
days referred to in the Contract. I cannot and will not
attempt to put any reason to the lack of decisiveness in
this matter, especially since there effective dates were
prior to my starting.
We have to accept the legal requirements constraining us
at this point. Fortunately, the personnel involved
FILE
ct.s
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Maintenance Positions
makes this a lot easier to take since A. J. Korpela also
has proven his ability, desire and capability and I have
no reason to deny his being placed on the position.
A. J. will be filling a position normally held by
"temporary" help we hire for the sumner months and into
the fall, as development continues we are sure his time
will be well utilized. Also, I will be suggesting that
we consider other utilization of this position in the
upcoming year, possibly not renewing the cleaning
contract for City Hall and utilizing this position to
pick up that need which is now costing us some $11,000 a
year. Groundskeeping, summer and winter will be an
additional need at our new building.
We can, of course, make a decision to lay him off. At
this time I don't believe that is realistic and if we
do, for two years, if the need arises to hire someone to
fill that void it would have to be offered to him.
The most difficult part of this is that we are being
forced to place a permanent status on a position through
a lack of decisiveness not because of our timely
decision to do so. I believe the work load is there and
he will be utilized but it would seem our control over
the decision was given away several months ago. That
bothers me.
With this in mind, I ask your formal approval for the hiring
of Carl laahnke and A. J. Korpela to the position of
Maintenance Level I workers and authorize back pay for wages,
as required, to coincide with their fulfilling of 6 months of
employment, being October 4, 1986 for Carl Uahnke and
November 15, 1986 for A. J. Korpela..