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RES 1986-109 - 00004972� IJ RE9Q.QPM PD. 109 — 1986 ESTABLISHING WORKING CONDITIONS* WAGES AND HOURS OF P I' /1:+}. OF Y:I' CITY OF FRIELEY FIRE DEPAR7KENT FOR THE 4'.: WHEREAS, the International Association of Firefighters Local No. 1986, as bargaining representative for the Firefighters of the City of Fridley Fire 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 Fire 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 Fire 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 to the existing agreement between the City and the Union. NZW, THEREFORE, BE IT RESOLVED by the City of Fridley that such agreement is hereby ratified 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 Firefighters of the City of Fridley Fire Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIELEY THIS 6TH DAY OF OCTOBER, 1986 ATTEST: 1. F « 21- WILLIAM J. NEE- MAYO ^16 1 �5 M • 11 ' DTI ARFICLE I mid= OF Aclamm ' This AGREEMENT is entered into as of October 6, 1986 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the 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 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classifications: 1. Firefighters 2. Fire Captain ARTICLE III EFXMTrmWW 3.1 Union The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. 3.3 Emolovee A member of the exclusively recognized bargaining unit. 3.4 Department The City of Fridley Fire Department 3.5 Emolover 1 The City of Fridley 3.6 Chief `17 The Chief of the Fire Department of the City of Fridley. ' 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the EMPLOYER in excess of the number of hours in a work period specified by the federal Fair Labor Standard Act. 3.9 ,S.--heduled Shift A consecutive work period including two rest breaks and a lunch break. 3.10 Rest Breaks TWo periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Lunch Break A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. ' 3.12 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slaw -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.13 Base Rate of Pav The Employee's hourly rate of pay exclusive of longevity or any other special allowance. 3.14 Compensatory Time Time off during the employee's regularly scheduled work schedule equal in time to 1.5 times overtime worked. 3.15 Severence Pav Payment made to an employee upon honorable separation of employment. ' 3.16 Salary 2 A fixed payment at regular intervals for services as set forth and agreed to in this contract. `l. 3.17 Compensation ' Salary reduced by those amounts as required by law and/or authorized by the employee. ARTICLE IV EMPLOYER SH�'lY The UNION agrees that during the life of this AGREEMENT it 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 EME10M RMM - GRIEVAHM FROCEODRE 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. ' 7.2 Union Representatives 3 i 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. 7.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during 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 EMPLOYED 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. 1 4 7.5 7.6 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 not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any grievance not 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 Labor Relations Board. Arbitrator's Authoritv 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 reoord. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 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. 22:1 7.7 Choice of Remedv If, as a result of the written EMPLOYER response in Step 3, 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 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. 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. • • tiak, 0 (0) 5 44 ' 9.1 Seniority shall be determined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE 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 Vacation periods to a maximum of two (2) weeks shall be selected on the basis of seniority until May 1st of each calendar year. 10.1 The EMPLOYER will discipline employees for just cause and disciplinary action may be in one or more of the following forms: a. oral reprimand; b. written reprimand; 6 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 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. 11.1 The normal work schedule for the employees of the Fire Department shall consist of a 56.67 hour work week. a. hours worked on assigned shifts; b. holidays; C. authorized leave time. The Department Head is responsible for scheduling and assigning the weekly work schedule. 11.2 The City claims the authority to schedule employee's duty schedule. A normal work schedule for the employees will be a combination of shifts comprised of twelve (12) hours between 8:00 P.M. Sunday and 8:00 A.M. Friday and ten (10) hours between 7:00 A.M. Monday and 5:00 P.M. Friday. ' hours between 7:00 A.M. Monday and 5:00 P.M. Friday. 11.3 It is recognized by the parties that service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The employer will give advance notice to the employees affected by the establishment of work days different than the normal employees' work day. 11.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, breakdown of municipal equipment or facilities, no advance notice to the employees need be given. It is not required that an employee working other than the normal workday be scheduled to work more than the scheduled hours; however, each employee has an obligation to work overtime if requested, unless unusual circumstances prevent him from doing so. 11.5 It is also recognized by the parties that service to the public may require the establishment of regular work weeks that schedule work on Saturdays and /or Sundays. Employees who are regularly scheduled to be on duty Saturday and /or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. AFNICLE %II ARML LEAVE 1 7 9 A.2 12.1 Each employee shall be entitled to annual leave away from employment with pray. Annual leave pay shall be computed at the regular rate of pay 23 to which such an employee is entitled. 12.2 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. 12.3 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 completed seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of accumulated annual leave 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 5 days of accumulated annual leave for cash. 12.4 For an employee hired prior to 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 of 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 @ 1 day of annual leave for 2 days of sick leave c. Renainder @ 1 day of annual leave for 3 days of sick leave 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. 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. 0 12.5 Upon separation fran 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 %III SHORT TM DISABILITY ' 13.1 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 physician- 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 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 benefits shall not be reduced, nor shall such employee accrue annual leave during that period. 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 any 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 tern disability benefit. Such examination may be made on behalf 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. 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 inj ury. 4. If any employee's non causally related injury or illness exceeds 110 working days, the Employee shall be entitled to draw fran his remaining annual leave. 5. If an employee's causally related illness or injury exceeds 110 working days, the employee may draw from his remaining annual leave in addition to those benefits to which the employee receives in accordance with the workman's compensation provisions. 6. When an employee exceeds the 110 working days disability and commences to draw on annual leave, he shall again accure benefits in accordance with accepted City policy. 9 14.1 A firefighter responding to a fire call before or after regularly scheduled work hours or on a day off shall be compensated in an amount equal to a minimum of thirty (30) minutes at one and one half (1 1/2) times the hourly rate calculated in accordance with the provisions of the federal Fair Labor Standards Act. If the fire call lasts for more than 30 minutes the firefighter shall be compensated at the above rate of pay for each additional fifteen (15) minute period or fraction thereof. Provided that in calendar year 1986 only, firefighters and fire captain shall be compensated for no less than 104 hours of call back time at the overtime rate of pay for their respective classifications and pro-rated if employment is less than a full year. 14.2 To calculate the time worked on call back, time shall be considered to have started at the time of the alarm as recorded and shall end when the officer in charge has terminated said alarm. In the event of a simultaneous or subsequent alarm occuring prior to the termination of the alarm for which the firefighter was called back, the firef ighterIs time worked shall be calculated as continuous from the time of the first alarm until the officer in charge has terminated all alanns. 14.3 Employees who participate in drills before or after regularly scheduled work hours or on a day off shall be compensated at the overtime rate of pay for their respective classifications. ARTICLE XV EMPLOYEE ffiUCRTION PROGRAM 15.1 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 Attendance shall be at a or anticipated career responsibilities. 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 Sch000l of Business, etc. 15.2 Employee Education 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 50% 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 a certification of satisfactory work to his department head. 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. ' 10 c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses as required. 15.3 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. 15.4 The program will not reimburse the employee for the hours he spends in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE $PI S(LIMYS 16.1 Holidays include New Year's Day, January 1; Martin Luther King Day, the third Monday in January; Washington and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day July 4; Labor Day, the f irst Monday in September; Christopher Colunbus Day, the second Monday in October; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, When New Year's Day, January 1; or Independence Day, July 4; or Veteran's Day, November 11; or Christmas Day, December 25; falls on Sunday the following day shall be a holiday, and provided, ' when New Year's Day, January 1; or Independence Day, July 4; or Veteran's Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. 16.2 In addition to the holidays listed above, employees covered by this contract shall be entitled to one additional holiday designated by the City Council or the Department Head, for a total of eleven (11) holidays per year. ARTICLE VII PRCBATICBARq PERE= 17.1 All newly hired or rehired employees will serve a six (6) month probationary period. 18.1 In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following; spouse, child (natural or adopted), parent, grandparent, brother, sister, mother -in -law or father -in -law. ARTICLE XM JM PAY 1 11 i 19.1 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 the Employee's regular salary or pay while in such service. ARTICLE XX UNHOOK AIILQANCE 20.1 The City shall provide a uniform clothing allowance for Fire Fighters, said allowance to be paid in cash in January of each year. The allowance for 1986 shall be $303. ARTICLE XXI INSURANCE 21.1 The EMPLOYER will contribute up to a maximum of $165.00 per month per employee for group life and health insurance including dependent coverage for calendar year 1986. 21.2 Effective January 1, 1987 each Employee may use up to fifteen dollars ($15.00) per month of health insurance dollars in 21.1 for group dental insurance offered through the City. 21.3 Individual Employees may provide for an increased EMPLOYER contribution for insurances over that amount stipulated in 21.1 and 21.2 by lowering their compensation from the rates stipulated in Articles XXII, XXIII, AND XXIV to provide for an increased EMPLOYER contribution which will fully pay for the employee's health insurance and dental insurance, including dependent coverage, and life insurance. ARTICLE XXII RATES OF PAY 22.1 Firefighters 1986 ' First six months $8.0468 per hour After six months $8.4491 per hour After 1 1/2 years $8.8716 per hour After 2 1/2 years $9.3151 per hour After 3 1/2 years $9.7809 per hour 22.2 Fire Captain $10.4167 per hour AR'T'ICLE XXIII ANNOITUML INCENTIVE PAY 23.1 Incentive pay will be paid over and above the standard base rate or going rate for Employees hired prior to January 1, 1974 according to the following schedule, provided employees have made demonstratable progress towards improving their proficiency for their particular job title or job assignment. After 5 years of service $24 After 10 years of service $48 After 15 years of service $72 24.1 For Firefighters hired after January 1, 1974 the City will pay for education credits earned at an accredited institution of higher learning at the rate of $.40 per quarter credit starting with the ninety -first 12 (91st) quarter credit up to a maximum of one hundred eighty (180) credits or a maximun of $36.00 per month. All courses taken must be „ approved by the Employer. No Firefighter hired after January 1, 1974 2� will be eligible for payments under ARTICLE XXIV. No Firefighter will draw both additional incentive pay under ARTICLE XXIV, and pay for education credit. Employees will not be eligible for education credits during their six (6) month probationary period. A determination of the number of credits an employee is eligible for will be made on December 1 of the previous year. Credits earned during the year will not be counted until the succeeding year. The City will not pay tuition for courses that the Employee will later be paid for as noted above. ARTICLE XXV SEVERENCE PAC 25.1 For all employees hired prior to January 1, 1978, the severence pay policy shall be as follows: Any 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 for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. 26.1 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. 26.2 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 ty 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. -u • w ,n n This AGREEMENT shall be effective as of January 1, 1986, except as herein noted, and shall remain in full force and effect until the thirty -first day of December, 1986. In witness whereof, the parties hereto have executed this AGREEMENT on this 6th day of October, 1986. AGREEMENT on this 6th day of October, 1986. 13 CITY OF FRIELEY R 29 QTY MAINffit — MASIM M. 0 FOR THE DMEMUMMIM ASSOMMM OF FIREFIGHTERS LOCAL MD. 1986 HQKARD H. SIl JNSON GARY E. LARSON E IIS M. OTPE K I hereby recommend to the City Co mcil approval of this agreenent. WILLIAM C. MU — ASSIS W ID 7HE QTY MWAM IL ALMICH — CHIEFi FIRE EEPRRMMU 14