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RES 1974-30 - 0000780550 RESOLUTION NO. 30 1974 A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1974 (PATROLMEN) WHEREAS, Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320, as bargaining representative of the Patrolmen 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 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 Patrolmen of the City of Fridley Police Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF FEBRUARY, 1974. ATTEST: CITY CLERK - MARVIN C. B NSELL I , Jl Page 2 RESOLUTION NO. 30 1974 (Exhibit "A ") LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of February 25th, 1974 between the City of Fridley, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of the AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning the AGREEMENT'S interpretation and /or application; and 1.3 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The Employer and the Union through this AGREEMENT shall continue their dedication to the highest quality police service and protection to the residents of the City of Fridley. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION ' 2.1 The Employer recognized the Union as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: 1. Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion of exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 Union: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.2 Union Member: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.3 Employee: A member of the exclusively recognized bargaining unit. 3.4 Department: The City of Fridley Police Department. 3.5 Employer: The City of Fridley 3.6 Chief - Asst. City Mgr. /Public Safety Dir.: of the City of Fridley 3.7 Union Officer: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 Scheduled Shift: A consecutive work period including two rest breaks and a lunch break. 3.10 Rest Breaks: Two periods during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 52 RESOLUTION NO Page 3 Exhibit "A ", 30 -1974 Labor Agreement 3.11 Lunch Break: A period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 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. 3.13 Base Rate of Pay: The Employee's monthly rate of pay exclusive of longevity or any other special allowances. 3.14 Compensatory Time; Time off during the employee's regularly scheduled work schedule equal in time to overtime worked. 3.15 Severance Pay: Payment made to an employee upon honorable separation of employment. ARTICLE IV EMPLOYER SECURITY 4.1 The Union agrees that during the life of the AGREEMENT, it will not cause, encourage, participate in or support any strike, show -down or 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 or employment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. An employee who is absent from any portion of his work assignment without permission, or who abstains wholly or in part from the full performance of his 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. An employee who knowingly strikes and whose employement has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or reemployed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he (she) may have theretofore been entitled. 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 V 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 I modified by this AGREEMENT shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE VI UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and /or alternate. 53- RESOLUTION NO. 30 -1974 Page 4 Exhibit "A ", Labor Agreement 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgements brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 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 the AGREEMENT. 7.2 UNION REPRESENTATIVES The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having 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 as provided by 6.2 of this Agreement. 7.3 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 a 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 working hours provided that 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 wrk programs of the Employer. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming violation concerning the interpretation or appTication 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 Stop 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, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. 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 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. 9 RESOLUTION NO. 30 -1974 Page 5 Exhibit "A ", Labor Agreement 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. 4 9rievance not resolved in Step 3 may be appealed to Step 4 within ten (1O) 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 to Step 4 by Union shall be submitted to arbitration subject to the provisions of 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. 7.5 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 issues(s) 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 modify or varying in any way the application of laws, rules, or regulations having the force and effect of law. 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 I 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 costs shall be shared equally. 7.6 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 griev- ance 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 written agreement of the Employer and the Union in each step. 7.7 CHOICE OF REMEDY If, as a result of the written Employer response in Step 3, the grievance ' remains unsolved, 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 VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized- -Step 4 of Article VII or another 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 VII. JJ RESOLUTION NO. 30 -1974 Page 6 Exhibit "A ", Labor Agreement ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. 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 judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief of Police on the basis of time in grade and time within specific classifications. 9.2 During the probationary period of newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff before any new employee is hired. 9.4 Vacation periods to a maximum of two (2) weeks shall be selected on the basis of seniority until May 1st of each calendar year. ' ARTICLE X DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: a) oral reprimand; b) Written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 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 signature of the employee. Employees and the Union will receive a copy of such reprimands and /or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceeded by a five (5) day suspension without pay. 10.6 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. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: 56 RESOLUTION NO. 30 -1974 Page 7 Exhibit "A ", Labor Agreement a) Scheduled hours of work; b holidays; - c; roll call; and d) training. 12.2 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum number of hours the employer may assign the employee. ARTICLE XIII OVERTIME t 13.1 Employees will be compensated at one and one -half (1z) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distrubuted as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 Management reserves the right to approve compensatory time in lieu of I overtime pay. Compensatory time shall not be accumulated in excess of twenty -four (24) hours. ARTICLE XIV COURT TIME An employee who is required to appear in Court during his scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1z) times the employee's base pay rate. An extension of early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two hour minimum. ARTICLE XV CALL BACK TIME An employee who is called to duty during his scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1z) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XVI LEGAL DEFENSE 16.1 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. 16.2 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. 16.3 The City of Fridley will provide protection for all Officers and Patrolmen against false arrest charges. ARTICLE XVII EMPLOYEE EDUCATION PROGRAM 17.1 The city will pay certain expenses for certain education courses based on the following criteria. 57 RESOLUTION NO. 30 -1974 Page 8 Exhibit "A ", Labor Agreement a. The training Course must have relevance to the employee's present or anticipated career responsibilities. Attendance shall be at a City approved institution. The Course must be approved by the Department Head. b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 17.2 Programs Financial Policy Financial Assistance will be extended to cover only the cost of tuition. Charges for books, student union membership, student health coverage and other charges for which the student receives some item or service other than actual instruction will not be paid. The City will pay 50% of the cost of the tuition in advance of the employee's actual participation in the course and the employee shall pay 50% of the cost. Employee upon success- ful completion of the course will be required to present to his department head a certification of satisfactory work. Satisfactory work is defined as follows: a) In courses issuig a letter grade, a C or above is required. b) In courses issuing numerical grade, a 70% or above is required. c) In course not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course as required. 17.3 If the employee satisfactorily completes the course, he will be reimbursed for the additional 50% of the tuition cost for which he had obligated himself in the approved application. If the employee fails to satisfactorily ' complete the course, he will not be reimbursed. 17.4 The program will not reimburse the employee for the hours he spends in class, only for the tuition. 17.5 Expenses for which the employee is compensated under some other educational or assistance program will not be covered, such as the GI bill. 17.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE XVIII LOSS OF SENIORITY 18.1 Employees shall lose their seniority for the following reasons: a) Discharge, if not reversed. b) Resignation. c) Unexcused failure to return to work after expiration of a vacation of 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. ARTICLE XIX PROBATIONARY PERIODS ' 19.1 All newly hired or rehired employees will serve a twelve (12) months probationary period. ARTICLE XX VACATIONS 20.1 Each employee of the City who has worked regularly for the City for a period not less than twelve (12) successive months is entitled to a vaction 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 (85) month of consecutive employment. n employee who has worked one hundred eighty (180) successive months is entitled to one and two - thirds (1 -2/3) 0 RESOLUTION NO. 30 -1974 Page 9 Exhibit "A ", Labor Agreement workdays of vacation for each month worked beginning with the one hundred eighty -first month of consecutive employment. ARTICLE XXI HOLIDAYS 21.1 If employees are required to work a regular fourty (40) hour work week, their holidays shall be as set for other civilian employees as follows: Holidays include New Year's Day, January 1; President's Day, 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; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25, providing when New Year's Day, January l; or Independence Day, July 4; or Christmas Day, falls on Saturday, the preceding day shall be a holiday. If additionz holidays are granted by the City Council by ordinance, the employee covered by this agreement will receive the benefit of such additional holiday. ARTICLE XXII SICK LEAVE 22.1 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 competent medical authority may be required. Failure to notify the City subjects the employee to appropriate discipline by the City. 22.2 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. Sick leave pay shall be computed at the regular rate of pay to which such employee is entitled. An employee 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 days earned and unused. Sick leave days shall not accumulate 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 is fact due to sickness an not otherwise. The City also reserves the right to have an examination made at any time of any person claiming absence by reason of sickness; such examination may be made when the City deems the same reasonable necessary to verify the sickness claimed and may be made in bahalf of the City by any competent person designated by the City. ARTICLE XXIII INJURY ON JOB 23.1 Any full time City employee injured on his regular 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 any 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. ARTICLE XXIV UNIFORM ALLOWANCE 24.1 The City shall provide a uniform clothing allowance for Police Officers of $175 (One Hundred and Seventy -Five Dollars) per year as needed. All money for uniforms to be paid by voucher, only as clothing is purchased. This includes uniforms to be paid by voucher, only as clothing is purchased. RESOLUTION NO. 30 -1974 Page 10 Exhibit "A ", Labor Agreement 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. 24.2 Clothing or uniforms damaged in the line of duty through no fault of the employee shall be replaced or repaired by the employer. ARTICLE XXV FUNERAL PAY 25.1 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 XXVI JURY PAY 26.1 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 XXVII HEALTH AND WELFARE BENEFITS 27.1 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 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. 27.2 A representative from the employee group shall be included on a committee which makes recommendations on the content of application for any new policy. Such recommendations are subject to Council approval. 27.3 The City will pay $5.00 per month towards dependent health and welfare coverage. ARTICLE XXIII RATES OF PAY 1974 28.1 Patrolmen's Salaries: Starting Salary $830 per month After Six (6) Months $880 per month After One (1) Year $950 per month After Two (2) Years $1020 per month After Three (3) Years $1089 per month ARTICLE XXIX ADDITIONAL INCENTIVE PAY 1974 29.1 Incentive pay will be paid over and above the standard base rate or going rate for employees hired before July 1, 1972, according to the following Schedule: Time in other classifications will not count towards incentive pay for a sworn officer. i Patrolman After 5 years $25 per month Patrolman After 10 years $50 per month Patrolman After 15 years $75 per month ARTICLE XXX COLLEGE CREDITS: 30.1 1 For Officers hired prior to July 1, 1972, the City will pay for education ) credits earned at an accredited institution of higher learning at the 1 rate of $.40 per quarter credit, up to a maximum of $72.00 per month. All courses taken must be approved by the Employer. No Officer hired after July 1, 1972, will be eligible for payments under Article XXIX. No Officer .1 RESOLUTION NO. 30 -1974 Page 11 Exhibit "A ", Labor Agreement will draw both additional incentive pay under Article XXIX and pay for educational credits. Officers hired prior to July 1, 1972 will have a choice of drawing educational credits or additional incentive pay under Article XXIX. 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. 30.2 Employees hired after July 1, 1972 will receive $.40 per quarter credit for courses taken at an accredited institution of higher learning, where such are approved by the employer. Employees will not be eligible for educational credits during their twelve (12) month probationary period. ARTICLE XXXI WAIVER 31.1 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 superceded. 31.2 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 undertakings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXII DURATION This AGREEMENT shall be effective as of the 1st day of January, 1974 and shall remain in full force and effect until the thirty -first day of December, 1974. In witness whereof, the parties hereto have executed this AGREEMENT on this 25th day of February, 1974. R C TY OF FRIDLE fOua. R- FRANK G1 LIElkL CITY MANAGER - NASIM M. QURESHI FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 David Y. Harris Lawrence Bastian Fred Bebensee I hereby recommend to the City Council approval of this agreement. Cy Smythe