RES 1992-02 - 00003336y
6
RESOLUTION W. 2 - 1992
' A RESOLUTICN APPROVING AND AUTHORIZnG SIGNING AN
AGRMp RS:nUMIgI@IG WORMIG CONDITIONS, WMWS AND
HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE
DEPARTMENT FOR THE YEAR 1992
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 ADOPPED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF
JANUARY, 1992.
WILLIAM J. - MAYOR
ATTEST:
SHIRTEY A. FMAPAIA - MY CLERIC
i�
EMIBIT "All
LABOR AGPJU=
BEIWE EN
THE CITY OF FRIDLEY
AND
LAW E[QFDRCEMENr LABOR SERVICES, INC.
1992
8
LABOR AGREEMERT
BETWEEN
THE CITY OF FRIDLEY
AND
TAW ENFORCEMENT LABOR SEF.'VICES, INC.
1992
TABLE OF CONTENTS
ARTICLE
PAGE
I
PURPOSE OF AGREE tv= . . . . . . . . . . . . . . . .
. 1
II
RECOGNITION . . . . . . . . . . . . . . . . . . . .
. 1
III
DEFINITIONS . . . . . . . . . . . . . . . . . . . .
. 1
IV
EMPIDYER SECURITY . . . . . . . . . . . . . . . . .
. 3
V
EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . .
. 3
VI
UNION SECURITY . . . . . . . . . . . .
3
'
VII
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
EM . . . . . . .
. 4
VIII
SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . .
. 7
IX
SENIORITY . . . . . . . . . . . . . . . . . . . . .
. 7
XDISCIPLINE
. . . . . . . . . . . . . . . . . . . . .
. 7
XI
CONSTITUTIONAL PROTECTION . . . . . . . . . . . . .
. 8
XII
WORK SCHEDULES . . . . . . . . . . . . . . . . . . .
. 8
XIII
OVER= . . . . . . . . . . . . . . . . . . . . . .
. 8
XIV
COURT TIME . . . . . . . . . . . . . . . . . . . . .
. 9
XV
CALL BACK TIME . . . . . . . . . . . . . . . . . . .
. 9
XVI
WORKING OUT OF CLASSIFICATION . . . . . . . . . . .
. 9
XVII
INSURANCE . . . . . . . . . . . . . . . . . . . . .
. 9
XVIII
STANDBY PAY . . . . . . . . . . . . . . . . . . . .
. 10
'
XIX
UNIFORMS . . . . . . . . . . . . . . . . . . . . . .
. 10
9
TABLE OF CONTENTS (Continued)
'
ARTICLE
PAGE
XX
P.O.S.T. TRAINING . . . . . . . . . . . . . . . .
. . 10
XXI
LONGEVITY AND EDUCATIONAL INCENTIVE . . . . . . .
. . 10
XXIIWAGE
RATES . . . . . . . . . . . . . . . . . . . .
. . 11
XXIII
LEGAL DEFENSE . . . . . . . . . . . . . . . . . .
. . 12
XXIV
LOSS OF SENIORITY . . . . . . . . . . . . . . . .
. . 12
XXV
PROBATIONARY PERIODS . . . . . . . . . . . . . . .
. . 12
XXVI
ANNUAL LEAVE . . . . . . . . . . . . . . . . .
. . 12
XXVII
HOLIDAYS . . . . . . . . . . . . . . . . . . . . .
. . 14
XXVIII
SHORT TERM DISABI= . . . . . . . . . . . . . .
. . 14
XXIX
FUNERAL PAY . . . . . . . . . . . . . . . . .
. . 15
XXX
JURY PAY . . . . . . . . . . . . . . . . . . . . .
. . 16
'
XXXI
COMPENSATORY TIME . . . . . . . . . . . . . . . .
. . 16
XXXII
EMPLOYEE EDUCATION PROGRAM . . . . . . . . . . . .
. . 16
=II
PAY FOR INVESTIGATORS OR DEPECPIVFS . . . . . . .
. . 17
XXXIV
BMS CASE NO. 85 -PN- 486 -A, ISSUE 8 . . . . . . . .
. . 17
XXXV
WAIVER . . . . . . . . . . . . . . . . . . . . . .
. . 17
XXXVI
DURATION . . . . . . . . . . . . . . . . . . . . .
. . 18
10
LABOR AGR1DEMENT
1 BETS
CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of January 6, 1992, 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 AGREEM= 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 y
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.
3.3 Employee
A member of the exclusively recognized bargaining unit.
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3.4 DEhnent
' The Fridley Police Department
3.5 Ehmlover
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 Investictator /Detective
An employee specifically assigned or classified by the EMPLOYER to the job
classification and /or job position of INVESTIGATOR/DEI'ECrIVE.
3.9 Overtime
Work performed at the express authorization of the EMPLOYER in excess of
the employee's scheduled shift.
I 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 SFIIFP 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
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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 riot to operate and manage
all manpower, facilities, and equipment; to establish functions and
programs; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure; to
select, direct, and determine the number of personnel; to establish work
schedules, and to perform any inherent managerial function not specifically
limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically established or
modified by this AGREEMENT shall remain solely within the discretion of
the EMPLOYER to modify, establish, or eliminate.
ARTICLE VI UNION SECURITY
6.1 The EMPLOYER shall deduct from the wages of employees who authorize such
a deduction in writing an amount necessary to cover monthly UNION dues.
Such monies shall be remitted as directed by the UNION.
6.2 The UNION may designate employees from the bargaining unit to act as a
steward and an alternate and shall inform the EMPLOYER in writing of such
choice and changes in the position of steward and /or alternate.
6.3 The EMPLOYER shall make space available on the employee bulletin board for
posting UNION notice(s) and announcement(s).
6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any
and all claims, suits, orders, or judgments brought or issued against the
EMPLOYER as a result of any action taken or not taken by the EMPLOYER under
the provisions of this Article.
ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of this
AGREEMENT.
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.
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7.3 Processira of a Grievance
' It is recognized and accepted by the WICK and the EKPIOYER 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
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
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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 issues)
submitted in writing by the EMPLOYER and the UNION, and shall have
no authority to make a decision on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to,
or inconsistent with, or modifying or varying in any way the
application of laws, rules, or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in
writing within thirty (30) days following close of the hearing or
the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The decision shall be binding
on both the EMPLOYER and the UNION and shall be based solely on the
arbitrator's interpretation or application of the express terms of
this AGREEMENT and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION provided that
each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim
record of the proceedings the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above,
it shall be considered "waived ". If a grievance is not appealed to the
next step within the specified time limit or any agreed extension thereof,
it shall be considered settled on the basis of the EMPLOYER'S last answer.
If the EMPLOYER does not answer a grievance or an appeal thereof within
the specified time limits, the UNION may elect to treat the grievance as
denied at that step and immediately appeal the grievance to the next step.
The time limit in each step may be extended by mutual written agreement
of the EMPLOYER and the UNION in each step.
7.7 Choice of Remed
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
15
which procedure is to be utilized (Step 3 of Article VII or another
appeal procedure) and shall sign a statement to the effect that the
choice of any other hearing precludes the aggrieved employee from
making a subsequent appeal through Step 3 of Article VII.
ARTICLE VIII SAVINGS CLAUSE
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.
This AGREEMENT is subject to the laws of the United States, the State of
b.
Minnesota and the City of Fridley. In the event any provision of this
C.
AGREEMENT shall be held to be contrary to law by a court of competent
d.
jurisdiction from whose final judgment or decree no appeal has been taken
'
e.
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 EMPLDYER. 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;
d.
demotion; or
'
e.
discharge.
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' 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 became part of an employee's personnel file shall be read and
acknowledged by signature of the employee. Employees and the UNION will
rive 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 ODNST=IONAL 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
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.
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13.3 Overtime refused by eployees will for record purposes under Article 13.2
' be considered as unpaid overtime worked.
13.4 For the purpose of computing overtime sensation 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.
An employee who is required to appear in Court during his scheduled off -duty
time shall receive a minimum of three (3) 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 three
(3) hour minimum.
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 MMM OUT OF CLASSIFICATION
Employees assigned by the EMPLOYER to assume the full responsibilities and
authority of a higher job classification shall receive the salary schedule of
the higher classification for the duration of the assignment.
ARTICLE XVII INSURANCE
17.1 The EMPLOYER will contribute up to a maximum of two hundred seventy -five
dollars ($ 275.00) 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 UNIFMW
' The EMPMYER shall provide required uniform and equipment items.
ARTICLE XX P.O.S.T. 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 (3s) of the employee's base rate or supplementary
pay based on educational credits as outlined in 21.6 of this ARTICLE.
21.2 After eight (8) years of continuous employment each employee shall choose
to be paid supplementary pay of five percent (5 %) of the employee's base
rate or supplementary pay based on educational credits as outlined in 21.6
of this ARTICLE.
21.3 After twelve (12) years of continuous employment each employee shall
' choose to be paid supplementary pay of seven percent (7 %) of the
employee's base rate or supplementary pay based on educational credits as
outlined in 21.6 of this ARTICLE.
21.4 After sixteen (16) years of continuous employment each employee shall
choose to be paid supplementary pay of nine percent (9 %) of the employee's
base rate or supplementary pay based on educational credits as outlined
in 21.6 of this ARTICLE.
21.5 Employees may choose supplementary pay either for length of service or for
educational credits no more often than once every twelve (12) months.
21.6 Supplementary pay based on educational credits will be paid to employees
after twelve (12) months of continuous employment at the rate of:
Educational Credits stated in Percentage Pay
terms of college quarter credits increment
45 - 89 3%
90 - 134 5%
135 - 179 7%
180 or more 9%
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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.Is (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.
• � r a.
22.1 The following wage rates will apply for 1992:
Start . . . . . . . . . . . . . . . . . . $2,059
After Six Months . . . . . . . . . . . . . 2,216
After One Year . . . . . . . . . . . . . . 2,532
After Two Years . . . . . . . . . . . . . . 2,848
After Three Years . . . . . . . . . . . . . 3,163
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:
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.
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I 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.
KluV��MMMMOO) NV CO 41WOv3400i)iy
All newly hired or rehired employees will serve a twelve (12) months
probationary period.
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 (160 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.
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' 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.
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.
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ARTICLE XXVII HOLIDAYS
Employees will receive eleven (11) holidays.
In addition, employees shall be paid at one and one -half (1 -1/2) times
their base rate of pay for all hours worked on eleven (11) City designated
holidays.
ARTICLE XXVIII SHORT TERM DISABILITY
28.1 Each employee who has successfully Meted the employee's probationary
period shall be eligible for the 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 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. Such an
employee shall also be entitled to full pay commencing on the eleventh
(11th) consecutive working day on which the employee is absent due to a
physician- certified illness or injury on the job and continuing until the
employee returns to work able to carry out the duties and responsibilities
of the employee's position or through the one hundredth (100th) working
day of absence, whichever occurs first. The amount of any compensation
for the short term disability benefit 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 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.
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ATMCLE 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.
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.
: ;•Y N AAA N�W�� •; 4�u1
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.
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 assistanoe 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
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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 500 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 DE'T'ECTIVES
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 )= 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 FIIi=
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.
ARTICLE =VI DURATION
' This AGREEMENT shall be effective as of January 1, 1992, and shall remain in
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4
25
full force and effect until the thirty -first day of Deoember, 1992. In witness
whereof, the parties hereto have executed this AGREEMERr on this 6th day of
January, 1992.
FOR CITY OF FRIDIEY
U Facsimile
William J. Nee, Mayor
L/ Facsimile
William W. Burns, City Manager
FOR LAW ENFORCU,= LABOR SERVICES, INC.
/s/ Facsimile
/s/ Facsimile
Is/ Facsimile
/s/ Facsimile
n
16
MEMMOOM OF tT4DER9T1=nG
BETWEEN THE
CITY of FRIDLEY
AND
LAN ENFmiamENT LABOR SERVICES, INC.
It is agreed that Article XXVIII SHORT TERM DISABILITY shall be amended to
reduce the waiting period for the short term disability benefit relating to on-
the -job illness or injury from twenty (20) days to ten (10) days, if approved
by the Fridley City Council for non -union employees during calendar year 1992
effective at the same time as it is effective for non - union employees.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding on this 6th day of january, 1992.
FOR THE CITY OF FRIDLEY
1
/s/ Facsimile /s/ Facsimile
William W. Burns, City Manager William J. Nee, Mayor
FOR L.E.L.S.
/s/ Facsimile /s/ Facsimile
Roland Miles
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