RES 1986-126 - 000050302"'3
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SA:1 1 U' APMOV= AM AUTHOMM SMNM WE AGREEPMT
G. Y : : WORKM a=FTIONS,, n :ti .,II HOURS OF 'f. •:
YEAR
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 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 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 8TH DAY OF
DECEMBER, 1986
1 I m� �.
ATTEST:
i t�U' //Cc IcL
SHIRLEY A. RAMALA - CITY CLERK
274
EXHIBIT "A"
' LABOR AGREEMENT
BETWEEN
61k I#'&@ - st n :n•
AND
LJT ENFORCEMENT LABOR SERVICES, INC.
ARTICLE I PURPOSE OF AGREEM V
This AGREEMENT is entered into as of December 8, 1986 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
of employment for the duration of this AGREEMENT.
'
ARTICLE II PJXIX211TIDN
2.1
The EMPLOYER recognizes the UNION as the exclusive representative, under
Minnesota Statutes, Section 179.71, Subdivision 31 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 EEMITIOW
3.1
Union
Law Enforcement Labor Services, Inc.
3.2
Union Member
A member of the Law Enforcement Labor Services, Inc.
3.3
Emplove e
A member of the exclusively recognized bargaining unit.
1
2
3.4
Department
The Fridley Police Department THIS
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 INVFSTIGATOR/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
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.
AIMCLE IV EMELOSDER SEOUP TY
The UNION
agrees that during the life of this AGREEMENT that the UNION will
not cause, encourage, participate in or support any strike, slaw -down or other
interruption
of or interference with the normal functions of the EMPLOYER.
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ARTICLE V ENErLOM ADM2II'Y
5.1 The EMPLOYER retains the full and unrestricted right to operate and
27u,
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.
n ;YY • t IJ�1 f�� +lI�YM "1
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 fran 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 notices) 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 EKEWYEE R32M - (STANCE 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.
7.2 Union Representatives
The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as
the grievance representatives of the bargaining unit having the duties
and responsibilities established by this Article. The UNION shall
notify the EMPLOYER in writing of the names of such UNION
REPRESENTATIVES and of their successors when so designated as provided
by 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
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accomplished during normal working hours only when consistent with such
EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a r
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:
,Steip 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.
Ste,, 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.
Step 3.
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.
7.5 Arbitrator's Au
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
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UNION, and shall have no authority to make a decision on any other
issue not so submitted. 27, rZ1
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.
7.7 Choice of Remedv
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.
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
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provisions of this AGREEMENT shall continue in f ull force and effect. The
voided provision may be renegotiated at the written request of either party.
ARTICLE IK SENMRITY
' 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 % DL9QMINE
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 Fart of an employee's personnel file shall be read
and acknowledged by signature of the employee. Employees and the UNION
will receive a copy of such reprimands and /or notices.
10.4 Employees may examine their own individual personnel files at reasonable
times under the direct supervision of the EMPLOYER.
1 10.5 Discharges will be preceded by a five (5) day suspension without pay.
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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.
•� • � ��:. 1 tr •� pow 1
Employees shall have the rights granted to all citizens by the United States
and Minnesota State Constitutions.
:r7Y • :� :.�; y;i: �_u
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.
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.
NY • .�, �� I U YI I'
An employee who is required to appear in Court during his scheduled off -duty
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F-A-a
time shall receive a minimum of two (2) hours' pay at one and one -half (1 1/2) . 2�
times the employee's base pay rate. An extension or early report to a 1
regularly scheduled shift for Court appearance does not qualify the employee
for the two (2) hour minimun. An employee who is required to appear in court
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
one and one -half (1 1/2) times the employee's base pay rate
ARTICLE XV CALL BACK TIM
An employee who is called to duty during his scheduled off -duty time shall
receive a minimun 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 BCC CUT OF CLAS MCATMM
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
17.1 The EMPLOYER will contribute up to a maximum of one- hundred - seventy -five
dollars ($175.00) per month per employee toward health, life and
long -term disability insurance.
17.2 By mutual agreement each employee may use up to fifteen dollars ($15.00)
per month of health insurance dollars in 17.1 for group dental insurance
' offered through the city.
ARTICLE XVIII STAMMY 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.
The EMPLOYER shall provide required uniform and equipment items.
ARTICLE XX POST TRAINIW
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 LOIGEVTTY AND EDUCATMONAL INCENTIVE
Effective July 1, 1978 the following terms and conditions are effective,
except that employees hired after January 1, 1987 shall not be eligible for
educational incentive.
21.1 After four (4) years of continuous employment each employee shall choose
1 to be paid three percent (38) of the employee's base rate or
supplementary pay based on educational credits as outlined in 21.6 of
8
21.6 Supplementary pay used 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 78
180 or more 98
Not all courses are to be eligible for credit. Courses receiving
qualifying credits must be lob related. (Thus, a 4 year degree is not
automatically 180 credits -- or a 2 year certificate is not
automatically 90 credits.) Job - related courses plus those formally
required to enter such courses shall be counted. If Principles of
Psychology (8 credits) is required before taking Psychology of Police
Work (3 credits) , completion of these courses would yield a total of 11
qualifying credits, C.E.U.'s (Continuing Education Units) in job - related
seminars, short courses, institutes, etc. shall also be counted.
The EMPLOYER shall determine which courses are job related. Disputes
are grievable based on the criteria outlined in the award of Minnesota
Bureau of Mediation Services Case No. 78- PN- 370 -A.
22.1 The following wage rates will apply for 1987:
Start. . . . . . . . . . . . . . . $1,734
After Six Months . . . . . . . . . . . . . 1,866
After One Year . . . . . . . . . . . . . . 2,132
After TWO Years, . . . . . . . . . . . . . 2,398
After Three Years. 2,664
9
this ARTICLE.
Y
21.2
After eight (8) years of continuous
Z
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 used 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 78
180 or more 98
Not all courses are to be eligible for credit. Courses receiving
qualifying credits must be lob related. (Thus, a 4 year degree is not
automatically 180 credits -- or a 2 year certificate is not
automatically 90 credits.) Job - related courses plus those formally
required to enter such courses shall be counted. If Principles of
Psychology (8 credits) is required before taking Psychology of Police
Work (3 credits) , completion of these courses would yield a total of 11
qualifying credits, C.E.U.'s (Continuing Education Units) in job - related
seminars, short courses, institutes, etc. shall also be counted.
The EMPLOYER shall determine which courses are job related. Disputes
are grievable based on the criteria outlined in the award of Minnesota
Bureau of Mediation Services Case No. 78- PN- 370 -A.
22.1 The following wage rates will apply for 1987:
Start. . . . . . . . . . . . . . . $1,734
After Six Months . . . . . . . . . . . . . 1,866
After One Year . . . . . . . . . . . . . . 2,132
After TWO Years, . . . . . . . . . . . . . 2,398
After Three Years. 2,664
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22.2 Employees classified or assigned by the EMPLOYER to the following job
classifications or positions will receive one hundred dollars ($100.00) 2•"
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 MII IJM 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.
1 23.3 The City of Fridley will provide protection for all officers and
Patrolmen against false arrest charges.
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.
All newly hired or rehired employees will serve a twelve (12) months
probationary period.
ARTICLE XXVI AW0hL LEAVE
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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 shall apply on scheduled annual leave up to May 1st of each
year. After May let, 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.
1 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
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 five days of accumulated annual leave for cash.
25.5 For an employee hired before January 11 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
b. 2nd 45 days
c. Remainder @
In lieu of seve
' each full month
hours.
@ 1 day of annual leave for 1 day of sick leave
@ 1 day of annual leave for 2 days of sick leave
1 day of annual leave for 3 days of sick leave
:ante pay, one hour of annual leave shall be credited for
of employment up to a maximum of two hundred forty (240)
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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 2
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 XWII 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 XWIII SHORT TEM 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
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
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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
enplcyee claiming payment under the short term 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.
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.
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 Fay while in such service.
:74 1 .:e.
Management reserves the right to approve compensatory time in lieu of overtime
Fay. 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.
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
than actual instruction will not be paid. The City will pay 50% of the
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284E
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 287
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 IlMII EAY 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.
ARTIQ,E xmv EMS CASE NO.85— FN-"—Ar IS WE 8
34.1 The City shall establish a minimum of two months between each shift
change in the rotation.
"N kIPA
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
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right to meet and negotiate regarding any and all terms and conditions .
of employment referred to or covered in this AGREEMENT or with respect 26
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 EUPJ 'ION
This AGREEMENT shall be effective as of January 1, 1987, and shall remain in
full force and effective until the thirty -first day of December, 1987. In
witness whereof, the parties hereto have executed this AGREEMENT on this 8th
day of December 1987.
FOR QTY OF FRm.av
William J. Nee, Mayor
Nasim M. Qureshi, City Manager
FOR IAf ENEORCDENT LABOR SEWICES, Wi
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