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RES 1973-01 - 00008006RESOLUTION NO. 1 -1973 A RESOLUTION APPROVING AND AUTHORIZING THE SIGNING OF AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT (DISPATCHERS AND PATROLMEN) - WHEREAS, Mail Order Department Store and Warehouse Employees Local Union No. 149, as bargaining representative of the Patrolmen and Dispatchers of the City of Fridley Police Department, has presented to the Council of the City of Fridley various requests relating to the working conditions, wages and hours of employees of the Police Department of the City of Fridley, and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of employees of the Police Department of the City of Fridley, and WHEREAS, Representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City, and WHEREAS, Agreement has now been reached between representatives of the two parties on the proposed changes in the existing contract between the City and the Union, NOW THEREFORE, BE IT RESOLVED, by the City Council that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A ") relating to working conditions, wages and hours of employees of the City of Fridley Police Department (Dispatchers and Patrolmen). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JANUARY, 1973. ATTEST: CITY CLERK - MARVIN C. BR LL 1�1 T�Qt� MAYOR - F A e L 1 2 RESOLUTION NO. 1 -1973 Continued EXHIBIT "A" AGREEMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MAIL ORDER DEPARTMENT STORE AND WAREHOUSE EMPLOYEES LOCAL UNION NO. 149 ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE FRIDLEY POLICE DEPARTMENT (DISPATCHERS AND PATROLMEN) ARTICLE I PURPOSE OF AGREEMENT This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Local No. 149, Mail Order Department Store and Warehouse Employees Union, hereinafter called the Union. The intent and purpose of this Agreement is to: a. Establish certain hours, wages and conditions of employment; and b. Establish procedures for the resolution of disputes concerning this Agreement's interpretation and /or application; and c. Place in written form the parties Agreement upon terms and conditions of employment for the duration of the Agreement. ARTICLE II RECOGNITION Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3 for the following job classificiations: 1. Dispatchers 2. Patrolmen ARTICLE III UNION SECURITY Section 2. In recognition of the Union as the exclusive representative, the Employer shall: a. 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 b. Remit such deduction to the appropriate designated officer of the Union. RESOLUTION NO. 1 -1973 EXHIBIT "A" (CONTINUED) c. The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. d. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgements 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 IV EMPLOYER AUTHORITY Section 1. The Union recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities, including municipal personnel policies and work rules. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement and retained by the Employer; such as, but not limited to: a. Direct employees; b. Hire, promote, transfer, assign, retain employees in positions and suspend, demote, discharge or take disciplinary action against employees. Civil Service Commission Regulations to be followed wherever applicable; c. Relieve employees from duties because of lack of work or other legitimate reasons consistent with Civil Service Commission Regulations; d. Maintain the efficiency of the government operations; e. Determine the methods, means, job classifications and personnel by which such operations are to be conducted consistent with Civil Service Commission Regulations. f. Take whatever actions may be necessary to carry out the missions of the agency in situations of emergency; g. Determine reasonable scheduled of work and establish the methods and processes by which such work is performed. ARTICLE V EMPLOYEE RIGHTS AND GRIEVANCE PROCEDURE Section 1. Definition of Grievance: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific 3 RESOLUTION NO. 1 -1973 EXHIBIT "A" (Continued) terms and conditions of this Agreement. It is matters governed by civil service rules, merit shall not be considered grievances and subject after set forth. No disciplinary action which or merit system authority will be considered a procedure herein. specifically understood that any system rules or statutory provisions to the grievance orocedure herein- may be appealed to a civil service grievance and subject to the grievance Section 2. Organization Representatives: The Employer will recognize Employee Representatives designated by the Employee Organization as the grievance representatives of the bargaining unit having the duties and responsibilities established by this article. The Employee Organization shall notify the Employer' in writing of the names of such Employee Representative and of their successors when so designated. Section 3. Processing of Grievance: It is recognized and accepted by the Employee Organization 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 the Employee 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 Employee 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. Section 4. Procedure: Grievances, as defined by Section 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 present such grievance to the employee's supervisor as designated by the Employer. The Employer- designated representa- tive will discuss and give an answer to such Step 1 grievance within ten (10) caleddar 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, the remedy requested, and shall be referred to Sten 2 within ten (10) calendar days after the Employer - designated representative's final answer in Step 1. Any grievance not referred in writing to Step 2 by the employee within ten (10) calendar days shall be considered waived. Step 2. The written grievance shall be presented to and discussed with the employer- designated Step 2 representative. The Employer- designated representa- tive shall give the employee the Employer's Step 2 answer in writing within ten (10) calendar days afterreceipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Steo 3 within ten (10) calendar days , following the Employer- designated representative's final Step 2 answer. Any grievance not referred in writing to Step 3 by the employee within ten (10) calendar days shall be considered waived. RESOLUTION NO. 1 -1973 EXHIBIT "A" (Continued) Step 3. The written grievance shall be presented to and discussed with the Employer- designated Step 3 representative. The Employer - designated representative shall give the employee 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 referred in writing to Step 4 by the employee within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. 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. Section 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 the Agreement. The arbi- trator shall consider and decide only the specific issue(s) submitted in writing by the employer and the employee, 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 law. The arbi- trator'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 based soley 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 employee organization, provided that each party shall be responsible for compensating its own representa- tives 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. Section 7. Grievance Representative: Employees presenting grievances may choose to be represented by the grievance representative of the employee organization. Section 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 immediately employee may elect to treat the appeal the grievance to the next grievance as denied at that step and step. The time limit in each step may be extended by mutual written agreement of the employer and the employee in each step. Section 7. Grievance Representative: Employees presenting grievances may choose to be represented by the grievance representative of the employee organization. RESOLUTION NO. 1 -1973 EXHIBIT "A" (Continued) L Section 8. Records: All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). All employee personnel records are open to the employee. ARTICLE VI nPPTNTTTnNC Section 1. Union: Mail Order Department Store and Warehouse Employees Local Union No. 149. Section 2. Employer: The City of Fridley. Section 3. Union Member: A member of the Mail Order Department Store and Warehouse Employees Local Union No. 149. Section 4. Employee: A member of the formally recognized bargaining unit (Dis- patchers and Patrolmen). Section 5. Base Pay Rate: The employee's monthly pay rate exclusive of longevity or any other special allowances. Section 6. Seniority: Length of continuous service with Police Department. Seniority rosters may be maintained by the Public Safety Director on the basis of time in grade and within specific classifications. Section 7. Compensatory Time: Time off during the employee's regularly scheduled work schedule equal in time to overtime worked. One (1) hour worked beyond regular schedule equals one and one -half (12) hours compensatory time.) Section 8. Severance Pay: Payment made to an employee upon honorable separation of employment. Section 9. Grievance: A dispute over the interpretation or applicaton of this Agreement. ARTICLE VII SAVINGS CLAUSE Section 1. This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the vent any provision Of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at I the request of either party. r, 0 7 RESOLUTION NO. 1 -1973 IEXHIBIT "A" (Continued) ARTICLE VIII WORK SCHEDULES Section 1. The work week schedule for all sworn officers and patrolmen, shall constitute four (4) days on duty and two (2) days off duty for a total of thirty -seven and one -half (372) hours per week. The Public Safety Director is responsible for scheduling and assigning the weekly work schedule. Section 2. No officer or patrolman will be required to work two shifts during a twenty -four (24) hour period, except during an emergency, or for assigned shift change. Section 3. The work week for civilian dispatchers shall be forty (40) hours per week, or thirty -seven and one half (372) hours per week as determined by the employer. ARTICLE IX OVERTIME PAY Section I. Hours worked in excess of eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one -half (12) times the employee's regular base pay rate. Section 2. Overtime will be distributed as equally as practicable. Section 3. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. Section 4. Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time shall not be accumulated in excess of twenty -four (24) hours. ARTICLE X CALL BACK Section 1. If an employee is called back to work and more than one (1) hour has elapsed since his work period ended, he will receive a minimum of two hours overtime. If the employee is called to work early with no break in service before his regularly scheduled work period starts, the work performed is considered normal overtime for the period of time acutally worked. When the assigned scheduled work day falls or are on Saturday or Sunday, no overtime will be paid. ARTICLE XI LEGAL DEFENSE Section 1. Employees involved in litigation because of proven negligence, or non- observance of laws, or of a personal nature, may not receive legal defense by the municipality. RESOLUTION NO. 1 -1973 EXHIBIT "A" (Continued) M Section 2. Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such employee in defending against such charge. Section 3. The City of Fridley will provide protection for all officers and patrolmen against false arrest charges. ARTICLE XII RIGHT OF SUBCONTRACT Section 1. In an emergency declared by the City Council, nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. Section 2. The City reserves the right to use supportive forces as needed. ARTICLE XIII AkTOI]i Ink 19 Section 1. The employer will discipline employees only for just cause. ARTICLE XIV SENIORITY Section 1. Seniority will be the determining criterion for promotions, lay -offs, and shift assignments when all other qualification factors are equal. Section 2. Seniority will apply on vacations up to May 1st of each year. After May 1st, vacations will be on a first come, first served basis. Section 3. Seniority will apply on shift positions except that the Department Head shall have the right to schedule employees pursuant to Section I of this article if it is necessary to insure a. balance of experienced personnel on any shift. A patrolman with three and one -half (32) years experience as a patrolman on the Fridley Police Department under normal circumstances is considered experienced. The City has the right to utilize special skills of employees as needed. ARTICLE XV LOSS OF SENIORITY Section 1. Employees shall lose their seniority for the following reaons: a. Discharge, if not reversed. b. Resignation. c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the employee which prevent the employee from returning to work will not cause loss of seniority. d. Retirement. RESOLUTION NO. 1 -1973 M EXHIBIT "A" (Continued) ARTICLE XVI PROBATIONARY PERIODS Section 1. All newly hired or rehired employees will serve a twelve (12) months probationary period. Section 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. ARTICLE XVII VACATIONS Section 1. Each employee of the City who has worked regularly for the City for a period of not less than twelve (12) successive months is entitled to a vacation away from employment with pay. Vacation pay shall be computed at the regular rate of pay to which such employee is entitled. An employee who has worked a minimum of twelve (12) months is entitled to one (1) workday of vacation for each month so worked. An employee who has worked eighty-four (84) consecutive months is entitled to one and one -half (12) workdays of vacation for each month worked beginning with the eighty -fifth (85th) month of consecutive employment. An employee who has worked one hundred eighty (180) successive months is entitled to one and two - thirds (1 -2/3) workdays of vacation for each month worked beginning ' with the one hundred eighty -first (181st) month of consecutive employment. ARTICLE XVIII REQUESTS FOR CHANGE OF POSITION Section 1. With regard to investigator's request to revert to patrolman status, management agrees with the right of an employee to have a hearing before the Department Head on the matter. If the question is not settled, the employee has the right to a hearing before the City Manager. The City Manager's decision will be final. ARTICLE XIX EMPLOYEE EDUCATION PROGRAM Section 1. The education Program in effect is as adopted by the City of Fridley. ARTICLE XX Nrn rnnvc Section 1. There is no holiday pay as such for police officers, or dispatchers if the employees work a four (4) day on, two (2) days off schedule (372 hours per week). Section 2. If employees are required to work a regular forty (40) hour work week, their holidays shall be as set for other civilian employees as follows: Holidays include New Year's Day, January 1; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, the fourth Monday in October; Thanks- giving Day, the fourth Thursday in November; and Christmas Day, December 25; provided 10 RESOLUTION NO. 1 -1973 EXHIBIT "A" (Continued) when New Year's Day, January 1; or Independence Day, July 4; or Christmas Day, December 25, falls on Sunday, the following day shall be a holiday, and provided, when New Year's Day, January 1; or Independence Day, July 4; or Christmas Day, December 25, falls on Saturday, the preceding day shall be a holiday. if additional holidays are granted by the City Council by ordinance, the employee covered by this Agreement will receive the benefit of such additional holiday. ARTICLE XXI SICK LEAVE Section 1. Any employee who is unable to work because of sickness or injury may obtain a leave of absence upon notice to the City. Written verification of his condition by a competent medical authority may be required. Where the condi- tion of the employee is such that he is unable to act for himself, the Union may apply for such leave of absence in his behalf. Failure to notify the City subjects the employee to appropriate discipline by the City. Section 2. Each employee of the City who has worked regularly for the City for a period of not less than twelve (12) successive months is entitled to sick leave away from employment with pay. Sick leave pay shall be computed at the regular rate of pay to which such employee is entitled. An employee who has worked a minimum of twelve (12)months is entitled to one (1) day of sick leave for each month worked, cumulative to one hundred twenty (120) days of sick leave. After one hundred twenty (120) earned and unused days of sick leave have accumulated, one (1) day additional vacation shall be granted to an employee for every three (3) sick leave days earned and unused. The employee may elect, after ninety (90)earned and unused days of sick leave have accumulated, to receive one (1) day additional vacation for every three (3) sick days earned and unused. Sick leave days shall not accumulte beyond one hundred twenty (120). Before any sick leave compensation is paid, the City may request and is entitled to receive from any employee who has been absent more than three (3) days in succession, a certificate signed by a competent physician or other medical attendant certifying to the fact that the absence was in fact due to sickness and not otherwise. The Citv also reserves the right to have an examination made at any time of any person claiming absense by reason of sickness; such examination may be made when the City deems the same reasonably necessary to verify the sickness claimed and may be made in behalf of the City by any competent person designated by the City. ARTICLE XXII INJURY ON JOB Section 1. Any full time City employee who has been employed by the City at least six (6) months, injured on hisregular job, shall be entitled to full pay up to a period of ninety (90) days while he is absent from work by reason of such injury and his accrued sick leave will not be charged until after and beginning with the ninety -first (91st) day of absence from work by reason of such injury, provided however, the amount of any compensation shall be reduced by any payment received by the injured employee from workmen's compensation insurance. An employee who claims an absence from work due to an injury sustained on his regular job is subject to an examination to be made in behalf of the City by a person competent to perform the same and as is designated by the City. RESOLUTION NO. 1 -1973 EXHIBIT "A" (Continued) ARTICLE XXIII UNIFORM ALLOWANCE Section 1. The City shall provide a uniform clothing allowance for police officers of $150 (One Hundred and Fifty Dollars) per year as needed. Section 2. The City shall provide civilian Dispatchers a uniform clothing allowance of $100 (One Hundred Dollars) per year for clothing as needed. Section 3. All money for uniforms to be paid only as clothing is purchased. This includes uniformed and non - uniformed personnel. Non - uniformed personnel shall not draw more than one - quarter (',) of their uniform allowance in any quarter of the year. Section 4. Clothing or uniforms damaged in the line of duty through no fault of the employee shall be replaced or repaired by the employer. ARTICLE XXIV FUNERAL PAY Section 1. Funeral leave will be granted to full time employees up to a maximum of three days. Funeral leave is granted in case of deaths occuring in the immediate family. For this purpose immediate family is considered to be a spouse, child, parent, grandparent, brother or sister, mother -in -law and father -in -law. ARTICLE XXV ,7NRY PAY Section 1. It shall be understood and agreed that the City shall pay all regular full time employees serving on any jury the differences in salary between jury pay and his regular salary or pay while in such service. ARTICLE XXVI HEALTH AND WELFARE BENEFITS Section 1. Regular full time employees shall receive the same as other City employees, which policy at the present time provides that the City pays for the employee's Health and Hospital Insurance and the employee pays for dependent coverage. The City also provides life insurance equal to annual salary, with a maximum of $10,000. The City also provides additional AD &D Insurance equal to salary, with a maximum of $10,000. Section 2. A representative from the employee group shall be included on a committee which makes recommendations on the content of specifications for any new policy. Such recommendations are subject to Council approval. 11 12 RESOLUTION NO. 1- 1973 EXHIBIT "A" (Continued) ARTICLE XXVII , RATES OF PAY 1973 Section 1. Patrolmen's-,Salaries: Starting Salary $ 828.00 Per Month After One (1) Year 872.00 Per Month After One & One -Half (12) Years 918.00 Per Month After Two & One -Half (22) Years 966.00 Per Month After Three & One -Half (32) Years 1,017.00 Per Month Dispatchers' Salaries: First six (6) Months $ 698.00 Per Month After six (6) Months 733.00 Per Month One and One -Half (12) Years 772.00 Per Month Two and One -Half (22) Years 813.00 Per Month Three and One -Half (32) Years 856.00 Per Month ARTICLE XXVIII ADDITIONAL INCENTIVE PAY 1973 Section 1. Incentive pay will be paid over and above the standard base rate or going rate for employees hired before July 1, 1973 according to the following schedule: Time in other classifications will not count towards incentive pay for a sworn officer. Patrolman After 5 years $25.00 Per Month Patrolman After 10 Years 50.00 Per Month Patrolman After 15 Years 75.00 Per Month Dispatchers After 5 Years 21.00 Per Month Dispatchers After 10 Years 42.00 Per Month Dispatchers After 15 Years 63.00 Per Month ARTICLE XXIX COLLEGE CREDITS Section 1. For officers hired prior to July 1, 1972, the City will pay for education credits at the rate of $.40 per quarter credit, up to a maximum of $72.00 per month. Credits must be in police related work. The courses taken must be part of a curriculum approved by the City. No officer hired after July 1, 1972 will be eligible for longevity. No officer will draw both longevity i� I 13 RESOLUTION NO. 1 -1973 EXHIBIT "A" (Continued) and pay for education credits. Present officers will have a choice of drawing education credits or longevity. A determination of the number of credits an employee is eligible for will be made on December 1, of the previous year. Credits earned during the year will not be counted until the succeeding year. The City will not pay tuition for courses that employee will later be Paid for as noted above. Section 2. For officers hired after July 1, 1972, the City will pay for education credits at the rate of $.40 per quarter credit beginning with the ninety -first (91st) credit earned up to a maximum of $36.00 Per month. The admin- stration of the payment of credits will be as outlined in Section I above. ARTICLE XXX This Agreement shall be effective as of January 1, 1973, and shall remain in full force and effect until December 31, 1973. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 29th day of December, 1972. In the presence of: Mail Order Department Store and Warehouse Local No. 149 S/ Neil Duncan S/ Arthur R. Groinus S/ Marvin C. Brunsell S/ Joseph Prifrel City of Fridley I hereby recommend to the City Council approval of this agreement S/ Gerald R. Davis