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RES 1979-55 - 0000671482 RESOLUTION NO. 55 -1979 A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREE- MENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 1979 AND 1980 (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 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 Patrolmen of the City of Fridley Police Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF APRIL, 1979. ATTEST: CITY CLERK - MARVIN C. BR SELL MAYOR - WILLIAM J. NEE 1 J 1 83 RESOLUTION NO. 55 -1979 (CONTINUED) INDEX PAGE ARTICLE I - PURPOSE OF AGREEMENT----=-------------------- ---- ---- ------ 1 ARTICLE II - RECOGNITION----------------------- ---- ---- ----- ----------- I ARTICLE III - DEFINITION----------------------- -------- ---------------- 1 ARTICLE IV - EMPLOYER SECURITY------------------------------- ---- ------ 2 ARTICLE V - EMPLOYER AUTHORITY------------------------------- --- - ------ 2 ARTICLE VI - UNION SECURITY------------------------- -------- ---- -- - ---- 2 ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE-------------- - - - - -- 2 ARTICLE VIII - SAVINGS CLAUSE--------------------------- -- ------- - - - --- 4 ARTICLE IX - SENIORITY---------------------- ------ -- -------- -- 4 ARTICLE X - DISCIPLINE----------------------------------- ---- ---- - - - - -- 5 ARTICLE XI - CONSTITUTIONAL PROTECTION--------------- ----- --- ---- - ----- 5 ARTICLE XII - WORK SCHEDULES------------------------- ----- --- ---- ------ 5 ARTICLE XIII - OVERTIME----------------------------- ---- ---- --- -------- 6 ARTICLE XIV - COURT TIME------------------------ ---- ----- -------------- 6 ARTICLE XV - CALL BACK TIME------------------------- ------- -- ---- - - ---- 6 ARTICLE XVI - WORKING OUT OF CLASSIFICATION-------------------- -- - - -- -- 6 ARTICLE XVII - INSURANCE------------------------ ----- ----- ---- --- ------ 6 ARTICLE XVIII - STANDBY PAY-------------------------------------- --- - -- 6 ARTICLE XIX - UNIFORMS------------------------------------------- - - -- -- 6 ARTICLE XX - INJURY ON DUTY-------------------------- ---------- -- - - - - -- 6 ARTICLE XXI - LONGEVITY AND EDUCATIONAL INCENTIVE---------------- - - - - -- 7 ARTICLE XXII - WAIVER------------------------------------------ -- - - - - -- 7 ARTICLE XXIII - DURATION----------------------------------------- - - ---- 8 APPENDIX A ARTICLE A -1 - WAGE RATES----------------------------------------- -- - - -- 9 APPENDIX B ARTICLE B -1 - LEGAL DEFENSE-------------------------------------- - - - - -- 9 ARTICLE B -2 - LOSS OF SENIORITY------------------------------ ------ - - - -10 ARTICLE B -3 - PROBATIONARY PERIODS--------------------------------- - - - -10 ARTICLE B -4 - VACATIONS------------------------------- ------------- -- --10 ARTICLE B -5 - HOLIDAYS-------------------------------------- ------- - - - -10 ARTICLE B -6 - SICK LEAVE----------------------------------- -------- - - - -10 ARTICLE B -7 - FUNERAL PAY--------------------------------- -- ------- - - - -11 ARTICLE B -8 - JURY PAY------------------------- ------------- ------- - - - -11 ARTICLE B -9 - SEVERANCE PAY-------------------------------------- -- - - --11 ARTICLE B -10 - COMPENSATION TIME----------------------------------- - - - -11 ARTICLE B -11 - EMPLOYEE EDUCATION PROGRAM-------------------------- - - - -11 ARTICLE B -12 - PAY FOR INVESTIGATORS OR DETECTIVES----------------- - - - -12 1 83 � 4 RESOLUTION NO. 55 -1979 (CONTINUED) MASTER 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 March 19, 1979 between the CITY OF FRIDLEY, hereinafter call 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 this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes 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 or 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 Fridley Police Department. 3.5 EMPLOYER: The City of Fridley. 3.6 CHIEF: The Chief of the Fridley Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.8 INVESTIGATOR /DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and /or job position of INVESTIGATOR /DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. W RESOLUTION NO. 55 -1979 (CONTINUED) Page 2 3.12 LUNCH BREAK: A period during the SCHEDULE SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 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 1 or the rights, privileges or obligations of employment. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. 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 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. 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 judgments 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 inter- pretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES 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 as provided by 6.2 of this AGREEMENT. L611 RESOLUTION NO. 55 -1979 (CONTINUED) 7.3 PROCESSING OF A GRIEVANCE Page 3 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 normal 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 work 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 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, 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 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 no 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 to Step 4 by the UNION 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. 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 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. w 87 RESOLUTION NO. 55 -1979 (CONTINUED) Page 4 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 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 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. 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 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 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 unresolved, and if the grievance involves the suspension, demo- tion, or discharge of an employee who has completed the required pro- bationary 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 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 VII. 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 juris- diction from whose final judgment 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 on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a 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. m RESOLUTION NO. 55 -1979 (CONTINUED) Page 5 Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job - relevent qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. 9.6 One continuous vacation period 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 will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. Discipline 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 preceded 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 Stated and Minnesota State Constitutions. ARTICLE XII WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. RESOLUTION NO. 55 -1979 (CONTINUED) Page 6 12.3 Nothing contained in this or any other Article shall be interpreted to be guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XIII OVERTIME 13.1 Employees will be compensated at one and one -half (1 -1/2) 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 amployee for overtime under this Article. 13.2 Overtime will be distributed 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. 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 (1 -112) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) 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 (1 -112) 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 WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII INSURANCE The EMPLOYER will contribute up to a maximum of seventy -five dollars ($75.00) per month per employee toward health, life and long -term disability insurance in 1979 and eighty dollars ($80.00) per month in 1980. ARTICLE XVIII STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each hour on standby. ARTICLE XIX UNIFORMS The EMPLOYER shall provide required uniform and equipment items ARTICLE XX INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation IT RESOLUTION NO. 55 -1979 (CONTINUED) Page 7 insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits, after a five (5) working day initial waiting period per injury. The five (5) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. ARTICLE XXI LONGEVITY AND EDUCATIONAL INCENTIVE Effective July 1, 1978 the following terms and conditions are effective: 21.1 After four (4) years of continuous employment each employee shall choose to be paid three percent (3 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this ARTICLE. 21.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent (5 %) of the employee's base rate of supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of seven percent (7 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 21.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Education Credits stated in Percentage Pay terms of college quarter credits Increment 45 - 89 3% 90 - 134 5% 135 - 179 - 7% 180 or more 9% Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 year degree is not automatically 180 credits - -or a 2 year certificate is not automatically 90 credits.) Job - related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job - related seminars, short courses, institutes, etc. shall also be counted. The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78 -PN- 370 -A. ARTICLE XXII WAIVER 22.1 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. RESOLUTION NO. 55 -1979 (CONTINUED) Page 8 22.2 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 understandings 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 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 XXIII DURATION This AGREEMENT shall be effective as of January 1, 1979, except as herein noted, and shall remain in full force and effect until the thirty -first day of December, 1980. In witness whereof, the parties hereto have executed this AGREEMENT on this 9th day of April, 1979. FOR M.A.M.A. FOR CITY OF FRIDLEY FOR I.B.T., LOCAL NO. 320 91 92 RESOLUTION NO. 55 -1979 (CONTINUED) APPENDIX A 1. WAGE RATES Page 9 (a) For employees hired prior to March 15, 1979, the following wage rates shall apply: (b) For employees hired on March 15 or later, the following wage rates will apply: Start.............. .........................$1,057 1979 1980 Start ... .... ........... ...............$1,099 1,138 $1,200 After Six Months ............................ 1,314 1,435 After One Year .............................. 1,418 1,533 , After Two Years ............................. 1,522 1,638 After Three Years ........................... 1,626 1,750 (b) For employees hired on March 15 or later, the following wage rates will apply: Start.............. .........................$1,057 $1,138 After Six Months ............................ 1,138 1,225 After One Year .............................. 1,301 1,400 After Two Years ............................. 1,463 1,575 After Three Years ........................... 1,626 1,750 2. (a) Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive eighty -five dollars ($85.00) per month or eighty -five dollars ($85.00) pro -rated for less than a full month in addition to their regular wage rate: Investigator (detective) School Liaison Officer Juvenile Officer Dog Handler Paramedic. (b) Employees classified by the EMPLOYER to the following job classification ' will receive fifty dollars ($50.00) per month or fifty dollars ($50.00) pro -rated for less than a full month in addition to their regular wage rate: Corporal. APPENDIX B This supplementary agreement is entered into between the City of Fridley and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 for the period beginning January 1, 1979 and ending December 31, 1980. Nothing in this supplementary agreement may be in conflict with any provision of the MASTER AGREEMENT between M.A.M.A., the City of Fridley, and I.B.T., Local No. 320. In the event of conflict the MASTER AGREEMENT will prevail. ARTICLE B -I LEGAL DEFENSE B -1.1 Employees involved in litigation because of proven negligence, or nonobservance of laws, or of a personal nature, may not receive legal defense by the municipality. B -1.2 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 B -1.3 The City of Fridley will provide protection for all Officers and Patrolmen against false arrest charges. 5 RESOLUTION NO. 55 -1979 (CONTINUED) - Page 10 ARTICLE B -2 LOSS OF SENIORITY B -2.1 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 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. ARTICLE B -3 PROBATIONARY PERIODS All newly hired or rehired employees will serve a twelve (12) months probationary period. ARTICLE B -4 VACATIONS 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 (1 -1/2) workdays of vacation for each month worked beginning with the eighty -fifth (85) 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 B -5 HOLIDAYS Employees will receive eleven (11) holidays. ARTICLE B -6 SICK LEAVE B -6.1 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. Failure to notify the City subjects the employee to appropriate discipline by the City. B -6.2 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 (3) sick 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 medican attendant certifying to the fact that the absence was in fact due to sickness and 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 reasonably necessary to verify the sickness claimed and may be made in behalf of the City by any competent person designated by the City. 93 t� RESOLUTION NO. 55 -1979 (CONTINUED) ARTICLE B -7 FUNERAL PAY Page 11 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 B -8 JURY PAY 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 B -9 SEVERANCE PAY Severance pay will be paid an employee upon honorable separation of employment in accordance with the following: An employee with forty -eight (48) or more consecutive months of employment will receive severance pay in cash based on one and one -half (12) days of severance pay for each twelve consecutive months worked. The amount of severance pay due an employee shall not exceed one -third (1/3) of their unused sick leave. ARTICLE B -10 COMPENSATORY TIME 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, and must be used within the calendar year in which it was accumulated as determined by the employer. ARTICLE B -11 EMPLOYEE EDUCATION PROGRAM B -11.1 The City will pay certain expenses for certain education courses based on the following criteria. 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 vacational schools, Minnesota School of Business, etc. B -11.2 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 tuition in advance of the employee's actual participation in the course and the employee shall pay 50% of the cost. Employee upon successful completion of the course will be required to present to his Department Head a certification of satisfactory work. Satsifactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. ' b. In courses issuing numerical grade, a 70% or above is required. c. In courses not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course is required. B -11.3 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. 95 RESOLUTION NO. 55 -1979 (CONTINUED) Page 12 B -11.4 The program will not reimburse the employee for the hours he spends in class, only for the tuition. B -11.5 Expenses for which the employee is compensated under some other educational or assistance program will not be covered, such as the GI bill. B -11.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE B -12 PAY FOR INVESTIGATORS OR DETECTIVES Employees receiving the eighty -five dollars ($85.00) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers. s FOR CITY OF FRIDLEY 1 WILLIAM J. NEE - MA OR R"a n- CLJ, NASIM M. QURESHI - CITY MANAGER FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 I hereby recommend to the City Council approval of this agreement. Au �a MARVIN C. BRUISELL,ASST. CI R. /FIN. DIR.�