RES 1983-123 - 00005865245
A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE
AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AMID HOURS
OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE
DEPARTMENT FOR THE YEAR 1983
WHEREAS, the Fridley Police Bargaining Association, as bargaining
representative of the Police Officers of the City of Fridley, has presented to
the Council of the City of Fridley various requests relating to the working
conditions, wages and hours of Police Officers the Fridley 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 Police Officers of the Fridley 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 the 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 Labor Agreement relating to
working conditions, wages and hours of Police Officers of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF
DECEMBER, 1983
ATTEST:
SIDNEY C. — CITY CLERK
WILLIAM J.
J
Page 2 — Resolution No. 123 - 1983
240
TABLE OF CONTENTS
OGLE 2wz
I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . 1
IIRECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . 1
III DEFINITION . . . . . . . . . . . . . . . . . . . . . . . 1
IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . 3
VEMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . . . 3
VI UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . . 3
VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . . . . . . . . . . 3
VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . 6
IXSENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . 6
XDISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . 6
XI CONSTITUTIONAL PROTECTION . . . . . . . . . . . . . . . . . 7
XIIWORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . 7
XIII OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . 7
XIV COURT TIME . . . . . . . . . . . . . . . . . . . . . . . . . 7
XV CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . 8
XVI WORKING OUT OF CLASSIFICATION . . . . . . . . . . . . . . . 8
XVIIINSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . 8
XVIIISTANDBY PAY . . . . . . . . . . . . . . . . . . . . . . . . 8
XIXUNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XX INJURY ON DUTY . . . . . . . . . . . . . . . . . . . . . . . 9
XXI LONGEVITY AND EDUCATIONAL INCENTIVE . . . . . . . . . . . . 9
XXII WAGE RATES . . . . . . . . . . . . . . . . . . . . . . . . .10
XXIII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . . .10
Page 3 —
Resolution No. 123 - 1983
24
TABLE OF CONTENTS
(Continued)
ARTICLE
P
XXIV
LOSS OF SENIORITY . . . . . . .
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XXV
PROBATIONARY PERIODS . . . . . .
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.11
XXVI
VACATIONS .
. o
.11
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XXVII
HOLIDAYS . . . . . . . . . . .
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.11
XXVIII
SICK LEAVE . . . . . . . . . . .
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.11
XXIX
FUIqERAL PAY . . . . . . . . . .
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.12
XXIX
JURY PAY . . . . . . . . . . .
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.12
XXXI
SEVERANCE PAY . . . . . . . . .
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.12
XXXII
COMPENSATORY TIME . . . . . . .
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.12
XXXIII
EMPLOYEE EDUCATION PROGRAM . . .
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.13
XXXIV
PAY FOR INVESTIGATORS (DETECTIVES) .
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.13
XXXV
WAIVER . . . . . . . . . . .
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.14
XXXVI
DURATION . . . . . . . . . . .
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.14
Page 4 — Resolution No. 123 - 1983
243
LABOR AGREEMENT
BETWEW
CITY OF FRIDLEY
AMID
FRIDLEY POLICE BARGAINIWG ASSOCIATION
ARTICLE I PURPOSE OF AGREEMENT
This AGREE14ENT is entered into as of December 5, 1983 between the CITY OF
FRIDLEY, hereinafter called the EMPLOYER, and the FRIDLEY POLICE BARGAINING
ASSOCIATION, 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
AGRE94ENTIS 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. Police Corporal
2.2 In the event the FUIOYER 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 Uni411
Fridley Police Bargaining Association.
3.2 Union Member
A member of the Fridley Police Bargaining Association
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Page 5 — Resolution No. 123 - 1983
3.3 Emolovee
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 Public Safety Director of the Fridley Police Department.
249
3.7 Union Officer
Officer elected or appointed by the Fridley Police Bargaining
Association.
3,8 Investiaator/Detective:
An employee specifically assigned or classified by the EMPLOYER to the
job classification and /or job position of nWESTIGATOR/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.
3.12
A period during the SCHEDULED 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 or the rights, privileges or
obligations of employment.
Page 6 — Resolution No. 123 - 1983
250
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.
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.
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
A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of
this AGREEMENT.
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 Section 6.2 of this AGREEMENT.
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7.4
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Page 7 — Resolution No. 123 - 1983
25-1
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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 gay 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 EllWYER.
Grievances, as defined by Section 7.1, shall be resolved in conformance
with the following procedure:
sryp 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 AGREF14ENT 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
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 answer in Step 2. Any grievance not appealed in
writing to Step 3 by the UNION within ten (10) calendar days shall be
considered waived.
A grievance unresolved in Step 2 and appealed to Step 3 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.
Page 8 — Resolution No. 123 - 1983
252
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.
' 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
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 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.
U%M1Eh. - . :-u -.
If, as a result of the written EMPLOYER response in Step 2, the
grievance remains unresolved, 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 3 of Article VII or a procedure such as: Civil Service, Veteran's
Preference, or Fair Employment. If appealed to any procedure other than
Step 3 of Article VII, the grievance is not subject to the arbitration
procedure as provided in Step 3 of Article VII. The aggrieved employee
shall indicate in writing which procedure is to be utilized (Step 3 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 3 of Article VII.
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Page 9 — Resolution No. 123 - 1983
253
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 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 postion 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 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 - relevant
qualifications of employees are equal.
9.5 Senior qualified employees shall be given shift assignments 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. Discipline
will be in one or more of the following forms:
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.
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Page 10 — Resolution No. 123 — 1983
254
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 2 of the grievance procedure under Article VII.
Employees shall have the rights granted to all citizens by the United States
and Minnesota State Constitutions.
12.1 The normal work year is an average forty (40) hour work week for full
time employees to be accounted for by each employee through:
a, hours worked on assigned shifts;
b, holidays;
C. assigned training;
C. 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.
12,3 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 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 employee 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.
Page 11 — Resolution No. 123 - 1983
255
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 Overtime worked for purposes of an assigned training shall be at the
employee's regular rate of pay for the first twenty (20) hours, per
employee, per year. Any hours worked in excess of twenty (20) hours for
assigned training shall be at one and one -half (1 -1/2) times the
employees regular base pay rate.
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 1/2)
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 nimimum of two (2) hours' pay at one and one -half (1 -1/2) 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 one - hundred - twenty -five
dollars ($125.00) per month per employee toward health, life and long -term
disability insurance.
ARTICLE XVIII STANDBY PAY
Employees required by the EMPLOYER to standby shall be paid for such standby
time at the rate of one hour's pay for each hour on standby.
ARTICLE XIX UNIFORMS
The EMPLOYER shall provide required uniform and equipment items.
ARTICLE XX IUJURY ON DUTY
Employees injured during the performance of their duties for the EMPLOYER and
they are rendered unable to work for the EMPLOYER will be paid the difference
between the employee's regular pay and Worker's Compensation 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.
Page 12 — Resolution No. 123 - 1983
ARTICLE XXI LONGEVITY AND EDUCATIONAL INCENTIVE
256
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 or 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:
Educational Credits stated in Percentage Pay
terms of college quarter credits increment
45
- 89
3%
90
- 134
5%
135
- 179
7%
180
or more
9%
f
Page 13 -- Resolution No. 123 - 1983
257
Not all courses are to be eligible for credit. Courses receiving qualifying
credits mist be job related. (Thus, a 4 year degree is riot 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 WAGE RATES
22.1 The following wage rates will apply for 1983:
Start. . . . . . . . . . . . . . $1,447
After Six Months . . . . . . . . . . . . . 1,557
After One Year . . . . . . . . . . . . . . 1,780
After Two Years . . . . . . . . . . . . . . 2,002
After Three Years . . . . . . . . . . . . . 2,224
22.2 Employees classified or assigned by the EMPLOYER to the following job
classifications or positions will receive ninety dollars ($90.00) per
month or ninety dollars ($90.00) 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
22.3 Employees classified by the EMPLOYER to the following job classification
will receive ninety dollars ($90.00) per month or ninety dollars
($90.00) pro-rated for less than a full month in addition to their
regular wage rate:
Corporal
ARTICLE XXIII LEGAL DEFENSE
23.1 Employees involved in litigation because of proven negligence, or
non - observance, or non - observance of laws, or of a personal nature, may
not receive legal defense by the municipality.
23.2 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.
23.3 The City of Fridley will provide protection for all officers and
Patrolmen against false arrest charges.
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Page 14 — Resolution No. 123 - 1983
253
ARTICLE XXIV LASS OF SENIORITY
24.1 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.
ViTq
All newly hired or rehired employees will serve a twelve (12) months
probationary period.
ARTICLE XXVI 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 beginning with the one hundred eighty -first (181st) month of consecutive
employment.
ARTICLE XXVII HOLIDAYS
Employees will receive eleven (11) holidays.
ARTICLE XXVIII SICK LEAVE
28.1 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.
28.2 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 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
Page 15 — Resolution No. 123 - 1983
250
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 leave 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 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.
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, monther -in -law and
father -in -law.
It shall be understood and agreed that the City shall pay all regular full
time employees serving on any jury the difference in salary between jury pay
and his regular salary or pay while in such service.
::�� « .ee pax:: �,M _•: i
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
(1 1/2) 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 XXXII OOMPENSATORY 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.
33.1 The City will pay certain expenses for certain education courses based
on the following criteria.
a. The training course must have relevance to the employees' present
or anticipated career responsibilities. Attendance shall be at a
City approved institution. The course must be approved by the
Department Head.
Page 16 — Resolution No. 123 — 1983
260
b. Financial assistance will be extended only to courses offered by an
accredited institution. This includes vocational schools,
Minnesota School of Business, etc.
33.2 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 services other
' than actual instruction will not be paid. The City will pay 508 of the
cost of tuition in advance of the employee's actual participation in the
course and the Employee shall pay 508 of the cost. Upon successful
completion of the course, an employee will be required to present to his
Department Head a certification of satisfactory work. Satisfactory work
is defined as follows:
a. In courses issuing a letter grade, a C or above is required.
b. In courses issuing a numerical grade, 708 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.
33.3 If the Employee satisfactorily completes the course, he will be
reimbursed for the additional 508 of the tuition cost for which he
obligated himself in the approved application. If the employee fails to
satisfactorily complete the course, he will not be reimbursed.
33.4 The program will not reimburse the employee for the hours he spends in
class, only for the tuition.
33.5 Expenses for which the employee is compensated under some other
educational or assistance program, such as the GI bill, will not be
covered.
33.6 The City will not pay tuition or other costs for those courses which are
used to make the Employee eligible for additional salary.
ARTICLE MW PAY FOR INVESTIGATORS OR DETECTIVES
Employees receiving the ninety dollars ($90.00) per month differential pay
shall not be eligible for the overtime provisions of the contract applicable
to Police Officers.
35.1 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
superseded.
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Page 17 — Resolution No. 123 - 1983
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35.2 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 XXXVI DURATION
This AGREEMENT shall be effective as of January 1, 1983, except as herein
noted, and shall remain in full force and effective until the thirty -first day
of December, 1983, except that wages for 1983 shall be negotiated at a later
date. In witness whereof, the parties hereto have executed this AGREEMENT on
this 5th day of December, 1983.
FOR CITY OF FRID•E'
FOR FRIDLEY POLICE BARGAnM G ASSOCIATMK