RES 1990-109 - 00004071RESOLUTION NO. 109 - 1990
1
A RESOLUTION APPROVING AND AUTHORIZING SIGNING
AN AGREEMENT ESTABLISHING WORKING CONDITIONS,
WAGES AND HOURS OF POLICE OFFICERS OF THE CITY
OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1991
WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining
representative of the Police Officers of the City of Fridley, has
presented to 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
17th DAY OF DECEMBER, 1990.
WILLIAM J.() - MAYOR
ATTEST:
i
�� �g, 14.Z_
SHIRLEY A. HAAPALX CITY CLERK
EXHIBIT "A"
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
1991
284
C
285
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
1991
TABLE OF CONTENTS
ARTICLE
PAGE
I
PURPOSE OF AGREEMENT . . . . . . . . . . . . . .
. . . 1
II
RECOGNITION . . . . . . . . . . . . . . . . . .
. . . 1
III
DEFINITIONS . . . . . . . . . . . . . . . . . .
. . . 1
IV
EMPLOYER SECURITY . . . . . . . . . . . . . . .
. . . 3
V
EMPLOYER AUTHORITY . . . . . . . . . . . . . . .
. . . 3
VI
UNION SECURITY . . . . . . . . . . . . . . . . .
. . . 3
VII
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . . . .
. . . 4
VIII
SAVINGS CLAUSE . . . . . . . . . . . . . . . . .
. . . 7
IX
SENIORITY . . . . . . . . . . . . . . . . . . .
. . . 7
X
DISCIPLINE . . . . . . . . . . . . . . . . . . .
. . . 7
XI
CONSTITUTIONAL PROTECTION . . . . . . . . . . .
. . . 8
XII
WORK SCHEDULES . . . . . . . . . . . . . . . . .
. . . 9
XIII
OVERTIME . . . . . . . . . . . . . . . . . . . .
. . . 9
XIV
COURT TIME . . . . . . . . . . . . . . . . . . .
. . . 9
XV
CALL BACK TIME . . . . . . . . . . . . . . . . .
. . . 9
XVI
WORKING OUT OF CLASSIFICATION . . . . . . . . .
. . . 9
XVII
INSURANCE . . . . . . . . . . . . . . . . . . .
. . . 10
XVIII
STANDBY PAY . . . . . . . . . . . . . . . . . .
. . . 10
XIXUNIFORMS
. ." . . . . . . . . . . . . . . . . . .
. . . 10
285
V 286
TABLE OF CONTENTS (Continued)
'
ARTICLE
PAGE
XX
P.O.S.T. TRAINING . . . . . . . . . . .
. . . . . 10
XXI
LONGEVITY AND EDUCATIONAL INCENTIVE . . . .
. . . . . 10
XXII
WAGE RATES . . . . . . . . . . . . . . . . .
. . . . . 11
XXVII
LEGAL DEFENSE . . . . . . . . . . . . . . .
. . . . . 12
XXIV
LOSS OF SENIORITY . . . . . . . . . . . . .
. . . . . 12
XXV
PROBATIONARY PERIODS . . . . . . . . . . . .
. . . . . 12
XXVI
ANNUAL LEAVE . . . . . . . . . . . . . . . .
. . . . . 13
XXVII
HOLIDAYS . . . . . . . . . . . . . . . . . .
. . . . . 14
XXVIII
SHORT TERM DISABILITY . . . . . . . . . . .
. . . . . 15
XXIX
FUNERAL PAY . . . . . . . . . . . . . . . .
. . . . . 15
XXX
JURY PAY . . . . . . . . . . . . . . . . . .
. . . . . 16
XXXI
COMPENSATORY TIME . . . . . . . . . . . . .
. . . . . 16
'
XXXII
EMPLOYEE EDUCATION PROGRAM
. 16
XXXIII
PAY FOR INVESTIGATORS OR DETECTIVES . . . .
. . . . . 17
XXXIV
BMS CASE NO. 85 -PN- 486 -A, ISSUE 8 . . . . .
. . . . . 17
XXXV
WAIVER . . . . . . . . . . . . . . . . . . .
. . . . . 17
XXXVI
DURATION . . . . . . . . . . . . . . . . . .
. . . . . 18
LABOR AGREEMENT
BETWEEN
CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of December 17, 1990 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 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
Law Enforcement Labor Services, Inc.
3.2 Union Member
A member of the Law Enforcement Labor Services, Inc.
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288
3.3 Employee
' A member of the exclusively recognized bargaining unit.
3.4 Department
The Fridley Police Department
3.5 Employer
The City of Fridley
3.6 Chief
The 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 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.
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
authorize such a deduction
cover monthly UNION dues.
directed by the UNION.
from the wages of employees who
in writing an amount necessary to
Such monies shall be remitted as
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
bulletin board
announcement(s).
make space available on the employee
for posting UNION notice (s) and
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290
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
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 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
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291
representative will discuss and give an answer to such Step
' 1 grievance within ten (10) calendar days after receipt. A
grievance not resolved in Step 1 and appealed to Step 2 shall
be placed in writing setting forth the nature of the
grievance, the facts on which it is based, the provision or
provisions of the AGREEMENT allegedly violated, the remedy
requested, and shall be appealed to Step 2 within ten (10)
calendar days after the EMPLOYER - designated representative's
final answer in Step 1. Any grievance not appealed in writing
to Step 2 by the UNION within ten (10) calendar days shall be
considered waived.
Step 2.
If appealed, the written grievance shall be presented by the
UNION and discussed with the EMPLOYER - designated Step 2
representative. The EMPLOYER- designated representative shall
give the UNION the EMPLOYER'S 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.
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
s
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 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
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292
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.
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ARTICLE VIII SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States,
the State of Minnesota and the City of Fridley. In the event
any provision of this AGREEMENT shall be held to be contrary
to law by a court of competent jurisdiction from whose final
judgment or decree no appeal has been taken within the time
provided, such provisions shall be voided. All other
provisions of this AGREEMENT shall continue in full force and
effect. The voided provision may be renegotiated at the
written request of either party.
ARTICLE IX SENIORITY
9.1 Seniority shall be determined by the employee's length of
continuous employment with the Police Department and posted
in an appropriate location. Seniority rosters may be
maintained by the Chief on the basis of time in grade and time
within specific classifications.
9.2 During the probationary period, a newly hired or rehired
employee may be discharged at the sole discretion of the
EMPLOYER. During the probationary period a promoted or
reassigned employee may be replaced in his previous position
at the sole discretion of the EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis
of seniority. Employees shall be recalled from layoff on the
basis of seniority. An employee on layoff shall have an
opportunity to return to work within two years of the time of
his layoff before any new employee is hired.
9.4 Senior employees will be given preference with regard to
transfer, job classification assignments and promotions when
the job - relevant qualifications of employees are equal.
9.5 Senior qualified employees shall be given shift assignments
preference after eighteen (18) months of continuous full -time
employment.
9.6 One continuous vacation period shall be selected on the basis
of seniority until May 1st of each calendar year.
ARTICLE X DISCIPLINE
10.1 The EMPLOYER will discipline employees for just cause only.
Discipline will be in one or more of the following forms:
a. oral reprimand;
b. written reprimand;
C. suspension;
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294
ARTICLE XI CONSTITUTIONAL PROTECTION
' Employees shall have the rights granted to all citizens by the
United States and Minnesota State Constitutions.
ARTICLE XII WORK 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 XIII OVERTIME
13.1 Employees will be compensated at one and one -half (1 -1/2)
' times the employee's regular base pay rate for hours worked
8
d. demotion; or
'
e. discharge.
10.2
Suspensions, demotions and discharges will be in written form.
10.3
Written reprimands, notices of suspension, and notices of
discharge which are to become part of an employee's personnel
file shall be read and acknowledged by signature of the
employee. Employees and the UNION will receive a copy of such
reprimands and /or notices.
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 XI CONSTITUTIONAL PROTECTION
' Employees shall have the rights granted to all citizens by the
United States and Minnesota State Constitutions.
ARTICLE XII WORK 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 XIII OVERTIME
13.1 Employees will be compensated at one and one -half (1 -1/2)
' times the employee's regular base pay rate for hours worked
8
i
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 XIV COURT TIME
An employee who is required to appear in Court during his scheduled
off -duty time shall receive a minimum of two (2) hours' pay at one
and one -half (1 -1/2) times the employee's base pay rate. An
extension or early report to a regularly scheduled shift for Court
appearance does not qualify the employee for the two (2) hour
minimum. 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 TIME
An employee who is called to duty during the employee's 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.
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1
ARTICLE XVII
INSURANCE
17.1 The EMPLOYER will contribute up to a maximum of two hundred
fifty -five dollars ($255.00) 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 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, 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 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.
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0
1
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
terms of college quarter credits
45 - 89
Vxll *V
135 - 179
180 or more
Percentage Pay
increment
3%
5%
7%
9%
Not all courses are to be eligible for credit. Courses
receiving qualifying credits must be job related. (Thus, a
4 year degree is not automatically 180 credits -- or a 2 year
certificate is not automatically 90 credits.) Job - related
courses plus those formally required to enter such courses
shall be counted. If Principles of Psychology (8 credits) is
required before taking Psychology of Police Work (3 credits),
completion of these courses would yield a total of 11
qualifying credits, C.E.U.'s (Continuing Education Units) in
job - related seminars, short courses, institutes, etc. shall
also be counted.
The EMPLOYER shall determine which courses are job related.
Disputes are grievable based on the criteria outlined in the
award of Minnesota Bureau of Mediation Services Case No.
78 -PN- 370 -A.
ARTICLE XXII WAGE RATES
22.1 The following wage rates will apply for 1991:
Start.
. . . . . . . . .
. . . . . $2,009
After
Six Months . . . . . . . .
. . . . . 2,162
After
One Year . . . . . . . . .
. . . . . 2,470
After
Two Years . . . . . . . . .
. . . . . 2,779
After
Three Years . . . . . . . .
. . . . . 3,086
22.2 Employees classified or assigned by the EMPLOYER to the
following job classifications or positions will receive one
hundred thirty dollars ($130.00) per month or one hundred
thirty dollars ($130.00) pro -rated for less than a full month
in addition to their regular wage rate:
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297
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 fifty dollars
($150.00) per month or one hundred fifty dollars ($150.00)
pro -rated for less than a full month in addition to their
regular wage rate:
Corporal
ARTICLE XXIII LEGAL DEFENSE
23.1 Employees involved in litigation because of proven negligence,
or non - observance, or non - observance of laws, or of a personal
nature, may not receive legal defense by the municipality.
23.2 Any employee who is charged with a traffic violation,
ordinance violation or criminal offense arising from acts
performed within the scope of his employment, when such act
is performed in good faith and under direct order of his
supervisor, shall be reimbursed for attorney's fees and court
costs actually incurred by such employee in defending against
such charge.
23.3 The City of Fridley will provide protection for all officers
and Patrolmen against false arrest charges.
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.
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ARTICLE XXVI ANNUAL LEAVE
' 26.1 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.
26.2 Seniority shall apply on scheduled annual leave up to May 1st
of each year. After May 1st, scheduled annual leave shall be
on a first come, first serve basis.
26.3 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 pro -rated 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.
26.4 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.
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26.5 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 @ 1 day of annual leave for 2 days of sick
leave
C. Remainder @ 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
severance 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.
26.6 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.
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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
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
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 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.
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 occurring in the immediate family. For this purpose
immediate family is considered to be a spouse, child, parent,
grandparent, brother or sister, mother -in -law and
father -in -law.
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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 the employee's 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 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.
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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 thirty dollars ($130.00) 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
The City shall establish a minimum of two months between each shift
' change in the rotation.
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 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.
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ARTICLE XXXVI DURATION
' This AGREEMENT shall be effective as of January 1, 1991, and shall
remain in full force and effective until the thirty -first day of
December, 1991. In witness whereof, the parties hereto have
executed this AGREEMENT on this 17th day of December 1990.
FOR CITY OF FRIDLEY
/s/ Facsimile
William J. Nee, Mayor
/s/ Facsimile
William W. Burns, City Manager
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
' /s/ Facsimile
Rolland J. Miles
/s/ Facsimile
Larry Farber
E3_