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RES 1985-108 - 00005282231 RESOLUTION NO. 108 - 1985 A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1986 WHEREAS, the Law Enforcement Labor Services, Inc. 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 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 Police Officers of the Police Department of the City of Frildey; 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; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and 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 Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF DECEMBER, 1985. WILLIAM J. NEr- N YOR ATTEST: 0 e4 RICHARD D. PRI - ACTING CITY CLERK LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICESO INC. 1986 232 I TABLE OF CONTENTS 19143 ARTICLE SAS I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . 1 IIRECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . 1 III DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . 1 IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . 2 V EMPLOYER AUTHORITY 2 VI UNION SECURITY. . 2 VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . . . . . . . . . . 3 VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . 5 IXSENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . 5 XDISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . 5 XI CONSTITUTIONAL PROTECTION . . . . . . . . . . . . . . . . . 6 XII WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . 6 XIIIOVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . 6 XIV COURT TIME . . . . . . . . . . . . . . . . . . . . . . . . . 6 XV CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . 7 XVI WORKING OUT OF CLASSIFICATION . . . . . . . . . . . . . . . 7 XVIIINSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . 7 ' XVIII STANDBY PAY . . . . . . . . . . . . . . . . . . . . . . . . 7 XIX UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . 7 XXP. 0. S. T. TRAINING . . . . . . . . . . . . . . . . . . . . . 7 XXI LONGEVITY AND EDUCATIONAL INCENTIVE . . . . . . . . . . . . 7 XXII WAGE RATES . . . . . . . . . . . . . . . . . . . . . . . . . 8 XXIII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . . . 8 I TABLE OF CONTENTS (Continued) 234 ARTICLE PAGE XXIV LOSS OF SENIORITY . . . . . . . . . . . . . . . . . . . . . 9 XXV PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . . . 9 °1 XXVI ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . 9 XXVII HOLIDAYS . . . . . . . . . . . . . . . . . I . . . . . . . .10 XXVIII SHORT TERM DISABILITY . . . . . . . . . .10 a 1 XXIX FUNERAL PAY . . . . . . . . . . . . . . . . . . . . . . .11 XXX JURY PAY . . . . . . . . . . . . . . . . . . . . . . . . .11 XXXI COMPENSATORY TIME . . . . . . . . . . . . . . . . . . . . .11 XXXII EMPLOYEE EDUCATION PROGRAM . . . . . . . . . . . . . . . . .11 XXXIII PAY FOR INVESTIGATORS OR DETECTIVES . . . . . . . . . . . .12 -{ XXXIV BMS CASE NO.85 —PN- 4486 —A, ISSUE 8 . . . . . . . . . . . . . .12 XXXV WAVER . . . . . . . . . . . . . . . . . . . . . . . . .12 XXXVI DURATION . . . . . . . . . . . . . . . . . lI . . . . . . . .13 LABOR AGREEMENT 235 BETWEEN CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of December 16, 1985 between the CITY OF ' FRIDLEY, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC., 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 j 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 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 J Law Enforcement Labor Services, Inc. 3.2 Union Member A member of the Law Enforcement Labor Services, Inc. 3.3 Employee A member of the exclusively recognized bargaining unit. 1 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. ' 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 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 employees 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 Lunch Break 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. 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 ri 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 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 notiry 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. 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 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 representatives 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 23' 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 shalt 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. 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. UNMIF �. - . 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 x'43.9 i+ 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. 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 I% 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 E 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 employees 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. II39 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. ' ARTICLE ZI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE EII WORE SCHEDULES 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; 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. 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 %III 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. 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 %IV 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. An employee who is required to appear in court 240 U within eight (8) hours of completing his regularly scheduled shift between 3:00 a.m., and 9:00 a.m., shall receive a minimum of three (3) hours pay at n41 one and one -halx' (1 1/2) times the employee's base pay rate 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 -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 - sixty -five dollars ($165.00) 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 POST TRAINING The City shall assign training at City expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three year licensing ' period. 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 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% ' Not all courses are to be eligible for credit. Courses receiving qualifying credits must be Job related. (Thus, a 4 year degree is LD-t 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 1986: Start. . $1,667 After Six Months 1,794 After One Year . . . . . . . . . . . . . . 2,050 After Two Years . . . . . . . . . . . . . . 2,306 After Three Years . . . . . . . . . . . . . 2,562 ' 22.2 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive one hundred dollars ($100.00) per month or one hundred dollars ($100.00) 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 one - hundred -ten dollars ($110.00) per month or one- hundred -ten dollars (110.00) 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 I violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and 242 7 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. ARTICLE XXIV LOSS 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. ARTICLE XXV PROBATIONARY PERIODS All newly hired or rehired employees will serve a twelve (12) months probationary period. ARTICLE XXVI ANNUAL LEAVE 25.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any compensation shall be reduced by the payment received by the employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the employee ' received compensation. 25.2 Seniority shalt apply on scheduled annual leave up to May let of each year. After May lst, scheduled annual leave shall be on a first come, first serve basis. 25.3 A beginning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty -four (24) days per year, beginning with the eighty -fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty -six (26) days per year, beginning with the one hundred eighty- first (181st) month of consecutive employment. These rates are based on a forty hour regular work week. The actual amount credited to an employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 25.4 For an employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time designated by the City, an employee who has 243 0 completed seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of accumulated annual leave 244 for cash. At the same time, an employee who has completed fifteen (15) years of service with the City will have the opportunity to exchange up to five days of accumulated annual leave for cash. 25.5 For an employee hired before January 1, 1984: Vacation accrued but unused as of December 31, 1983 shall be converted to annual leave at the rate of one (1) day annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983 shall be converted to annual leave according to the following schedule. a. 1st 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days 6 1 day of annual leave for 2 days of sick leave c. Remainder A 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240) hours. The total amount of annual leave credited to the employee's balance as of January 1, 1984 shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above plus the amount in lieu of severence pay. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days will have the opportunity to exchange up to five (5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an employee by an equal amount. 25.6 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance. ARTICLE XXVII HOLIDAYS Employees will receive eleven (11) holidays. In addition, employees shall be paid at one and one -half (1 1/2) times their base rate of pay for all hours worked on eleven (11) City designated holidays. ARTICLE XXVIII SHORT TERM DISABILITY 28.1 Each employee who has successfully completed the employee's probationary period shall be eligible for short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty -first (21st) consecutive working day on which the employee is absent due to a phyician- certified illness or injury whether on or off the job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first; provided, however, that the amount of any compensation shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association l disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 28.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive from an employee who has been absent more than twenty (20) working days in succession a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalS' of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. 28.3 If an employee hired before January 1, 1984 has received payments under the injury -on -duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. ARTICLE XXIX FUNERAL PAY 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. ARTICLE XXX JURY PAY 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. ARTICLE XXXI 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 XXXII EMPLOYEE EDUCATION PROGRAM 32.1 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. b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 32.2 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 ,49 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. 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, 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. 32.3 If the Employee satisfactorily completes the course, he will be reimbursed for the additional 50% 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. 32.4 The program will not reimburse the employee for the hours he spends in class, only for the tuition. 32.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 32.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE XXXIII PAY FOR INVESTIGATORS OR DETECTIVES Employees receiving the one hundred dollars ($100.00) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers. ARTICLE XXXIV BMS CASE NO.85 -PN- 486 -A, ISSUE 8 34.1 The language regarding this article will be implemented based on the awarded and /or any clarification issued by the arbitrator as well as any decision which may arise from an appeal. The parties agree that all other articles of the contract will be implemented as of the date of execution irrespective of the status of the claification. ARTICLE XXXV WAIVER 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. 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 "I i 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 Y parties at the time this contract was negotiated or executed. ARTICLE XXXVI DURATION This AGREEMENT shall be effective as of January 1, 1986, and shall remain in full force and effective until the thirty -first day of December, 1986. In witness whereof, the parties hereto have executed this AGREEMENT on this 16th day of December 1986. I FOR CITY OF FRIDLEY William J. Nee, Mayor Nasim M. Qureshi, City Manager FOR LAW ENFORCEMENT LABOR SERVICES, INC. 1 APPENDIX A This supplementary agreement is entered into between the City of Fridley and Law Enforcement Labor Services, Inc. for the period beginning January 1, 1985 and ending December 31, 1985. RE: Interest Arbitration Case No. 85- PN- 486 -A, Issue 8 Arbitration Award "The City shall establish a minimum of two months between each ' shift change in the rotation." It is agreed that language regarding the above issue will be implemented in the 1985 Labor Agreement based on the final outcome of case No. 85- PN- 486 -A. For City of Fridley William J. Nee, Mayor Nasim M. Qureshi, City Manager ' For Law Enforcement Labor Services, Inc.