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RES 2006-09 - 00013667RESOLUTION NO. 2006 - 09 A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT FOR POLICE SERGEANTS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2006 & 2007 WHEREAS, on October 15, 2003, the City of Fridley Police Sergeants organized and became certified by the State of Minnesota Bureau of Mediation Services as the Law Enforcement Labor Services, Inc. (LELS) bargaining unit Local No. 310; and WHEREAS, as bargaining representative of the Police Sergeants of the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of Police Sergeants 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 wages and working conditions of Police Sergeants 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, a final settlement was reached on the proposed 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 wages and working conditions of Police Sergeants of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF JANUARY, 2006. • I �►1mlme ATTEST: "aXamsesi DEBRA SKOGEN47CITY CLERK Resolution No. 2006 -09 Page 2 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 310 2006 & 2007 Resolution No. 2006 -09 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 310 2006 & 2007 TABLE OF CONTENTS ARTICLE PAGE 1. Purpose of Agreement 1 2. Recognition 1 3. Definitions 1 4. Employer Security 2 5. Employer Authority 2 6. Union Security 2 7. Employee Rights - Grievance Procedure 2 8. Savings Clause 3 9. Seniority 3 10. Discipline 4 11. Constitutional Protection 4 12. Work Schedules 4 13. Overtime 4 14. Court Time 5 15. Call Back Time 5 16. Insurance 5 17. Standby Pay 6 18. Uniforms 6 19. P.O.S.T. Training 6 20. Working Out of Class Pay 6 21. Wage Rates 6 22. Separation and Benefit Plan 6 23. Legal Defense 6 24. Probationary Periods 6 25. Annual Leave 7 26. Holidays 8 27. Short-term Disability 8 28. Bereavement Leave Pay 8 29. Jury Pay 8 30. Compensatory Time 9 31. Employee Education Program 9 32. Waiver 9 33. Duration 9 Page 3 Resolution No. 2006 -09 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 310 2006 & 2007 Article 1. Purpose of Agreement This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. Page 4 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 2. Recognition 2.1 The Employer recognizes the UNION as the exclusive representative for all employees, under Minnesota Statutes, Section 179A.03, subdivision 8, for all employees in a unit certified by the State of Minnesota Bureau of Mediation Services. 1. Sergeant 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 3. 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. 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, in which the Employee remains on continual duty and is responsible for all assigned duties. 3.12 Lunch Break A period during the scheduled shift, in 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. Resolution No. 2006 -09 Page 5 3.14 Job Classification Seniori ty Length of continuous service within any job classification covered by this AGREEMENT. 3.15 Employer Seniority Length of continuous service with the EMPLOYER. Article 4. Employer Security 4.1 The Union agrees that during the life of this Agreement 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 5. Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, 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 6. 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 steward(s) and alternate(s) and shall inform the Employer in writing of such choices and changes in the position(s) 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 7. 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. 7.3 Processing of 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 (2 1) 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 2 Resolution No. 2006 -09 Page 6 grievance; the facts on which it is based; the provision or provisions of the Agreement allegedly violated; the remedy requested; and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated representatives final answer to 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 2a If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 3 A grievance unresolved in Step 2 or Step 2a 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, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 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 to application of laws, rules, or regulations having the force and effect of law. The arbitrators 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. Article 8. Savings Clause 8.1 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 9. Seniority 9.1 Seniority shall be determined by Job Classification Seniority and posted in an appropriate location. Seniority rosters may be maintained by the Director of Public Safety on the basis of both Job Classification Seniority and Employer Seniority. Resolution No. 2006 -09 Page 7 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/her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of Employer Seniority. Employees shall be recalled from layoff on the basis of Employer Seniority. An Employee on layoff shall have an opportunity to return to work within one (1) year of the time of his/her layoff before any new Employee is hired. 9.4 Senior Employees will be given preference with regard to transfer, job classification and assignments when the job - relevant qualifications of Employees are equal. 9.5 Employees shall be given shift assignments preference on the basis of Job Classification Seniority. 9.6 One continuous scheduled annual leave period (not to exceed two weeks) shall be selected on the basis of Job Classification Seniority until March 1 st of each calendar year. After March 1 st, scheduled annual leave shall be on a first -come, first- served basis. 9.7 Employees shall lose their Employer 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 10. 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 C. 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 suspension without pay for forty (40) regularly scheduled working hours unless otherwise required by law. 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 7. Article 11. Constitutional Protection 11.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. Article 12. Work Schedules 12.1 The normal work year is an average forty (40) -hour workweek for full-time Employees, to be accounted for by each Employee through: a. hours worked on assigned shifts; b. holidays; C. assigned training; C. authorized leave time. 12.2 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 13. Overtime 13.1 Employees will be compensated at one and one -half (1 -1/2) times the Employee's regular base pay rate for hours worked in excess of the Employees regularly scheduled shift. Changes of shifts do not qualify an Employee for overtime under this Article. 11 Resolution No. 2006 -09 Page 8 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 14. Court Time 14.1 An Employee who is required to appear in court during his/her 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. The City may assign the Employee to stand by pending the notification of their appearance being required. Unless otherwise specified by the City or the prosecutor, this period of standby shall commence two (2) hours prior to the time scheduled for the Employee's appearance in court. The Employee will be compensated for two (2) hours at their base rate as provided in Article 2 1. 1 for each day on standby. 14.2 If the court appearance is scheduled during the Employee's off time, and if the court appearance is cancelled, the Employee will be notified by the end of the business day (5:00 p.m.) preceding the court appearance. If notification of cancellation is not made by the end of the business day (5:00 p.m.) preceding the court appearance, the Employee will receive standby pay for two (2) hours at their base rate of pay. 14.3 The business day notice applies to all court cases for which the Employee receives notice resulting from their employment with the City. 14.4 Employees who are assigned to standby for a court appearance during their off -duty time, and who are then notified by the prosecuting attorney that they need to appear and who do appear in court shall receive a minimum of three (3) hours pay at one and one -half (1 -1/2) times the Employee base rate of pay. Employees will not be paid both standby pay and for three (3) hours at one and one -half their base rate of pay. 14.5 Employees will be required to appear for the Court Trials /Traffic Court, for Contested Omnibus Hearings, for Implied Consent Hearings, and for any other court appearance where the City or the prosecuting attorney directs that standby is not feasible. Article 15. Call Back Time 15.1 An Employee who is called to duty during the Employee's 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 duty does not qualify the Employee for the three (3) hour minimum. 15.2 An Employee who works extra -duty work (outside employment) 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. Article 16. Insurance 16.1 For the calendar year 2006, for Employees who choose single coverage, the Employer will contribute up to $416.45 per month per employee toward health or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 16.2 For the calendar year 2006, for Employees who choose dependent coverage, the Employer will contribute up to $932.82 per month per employee toward health, or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 16.3 For the calendar year 2006, for Employees who choose dental coverage, the Employer will contribute up to $20 per month toward dental, or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 16.4 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee (current cost is $4.75 per month), or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 16.5 In accordance with the Employer's Flexible Benefit Plan, Employees have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, Resolution No. 2006 -09 Page 9 provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $333.16, or the amount equal to or greater than the amount provided to non -union employees. Benefit Leave days are required to be used within in the calendar year and may not be carried into the following year. Article 17. Standby Pay 17.1 Employees required by the Employer to stand by shall be paid for such standby time at the rate of one hour's pay for each hour on standby. Employees placed on standby shall remain able to respond within a reasonable time. Such reasonable time, if not otherwise specified at the time of assignment to standby, shall be one (1) hour to the police department, or other location designated by the City. Employees placed on standby shall remain available to be contacted by the Employer by normal means to include phone or wireless communication devices. Article 18. Uniforms 18.1 The Employer shall provide required uniform and equipment items. Non - uniformed Employees shall be reimbursed up to $400 per year for clothing allowance. Article 19. P.O.S.T. Training 19.1 Employer shall assign training at Employer's expense for Police Sergeants to complete a minimum of 48 hours of P.O. S.T. Board- approved education during each three -year licensing period. 19.2 Employer shall pay the cost of maintaining P.O. S. T. licensure for all Employees required to maintain the license. Article 20. Working Out of Class Pay 20.1 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 21. Wage Rates 21.1 The following hourly wage rates will apply for 2006 -2007 (amounts may be rounded to two decimal points): Jan. 1, 2006: $35.01 per hour Jan. 1, 2007: $36.35 per hour 21.2 Specialty Pay - Any sergeant assigned to investigation will be compensated an additional $225 per month. Article 22. Separation Benefit Plan 22.1 Effective January 1, 1986, upon separation of employment, the City of Fridley will pay a separation benefit to any employee hired before that date who has been continuously employed ten (10) years or more as a full-time authorized employee. The amount of the benefit shall be $200 for each full year of service up to a maximum of $4,000 for twenty (20) years or more service. Article 23. Legal Defense 23.1 Employees involved in litigation because of proven negligence, 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/her employment, when such act is performed in good faith and under the direct order of his/her supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such Employee in defending against such charge. 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Probationary Periods 24.1 All newly hired, rehired, or promoted Employees will serve a one year probationary period. 21 Resolution No. 2006 -09 Page 10 Article 25. Annual Leave 25.1 Each Employee shall be entitled to annual leave away from employment with pay. Employees shall accrue annual leave based on an average eight (8) hour workday. 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 March 1st of each year. After March 1st scheduled annual leave shall be on a first -come, first- served basis. 25.3 Annual leave shall accrue at the rate of eighteen (18) days (144 hours) per year for the first seven (7) years (84 consecutive months) of employment with the City. An Employee who has worked seven (7) years (84 consecutive months) shall accrue annual leave at the rate of twenty -four (24) days (192 hours) per year, beginning with the eighty - fifth (85th) month of consecutive employment with the City. An Employee who has worked fifteen (15) years (180 consecutive months) shall accrue annual leave at the rate of twenty -six (26) days (208 hours) per year, beginning with the one hundred eighty -first (181st) month of consecutive employment with the City. These rates are based on a forty-hour (40) regular workweek. 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. 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 (240 hours). Once a year, at a time designated by the City, an Employee who has completed five (5) years of service with the City will have the opportunity to exchange up to five days (40 hours) of accumulated annual leave for cash. 25.5 For an Employee hired before January 1, 1984: Vacation accrued but unused as of December 31, 1983, shall be converted by annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, shall be converted to annual leave according to the following schedule: a. I't 45days @ 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 (240 hours) 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 (40 hours) 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 (240 hours) will have the opportunity to exchange up to five (5) days (40 hours) of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an Employee by an equal amount. 25.6 An Employee who wishes to take advantage of the catch -up provision of the LC.M.A. Retirement Corporation may exchange as many days as desired for cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged. b. In no case may the cap be reduced below thirty (30) days (240 hours). C. An Employee taking advantage of this provision must file the appropriate forms with the payroll division of the Employer. 25.7 Upon separation from employment with the City, an Employee will be paid one (1) days salary for each day of accrued annual leave remaining in the Employee's balance. 7 Resolution No. 2006 -09 Page 11 Article 26. Holidays 26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11) holidays in a calendar year. 26.2 In addition to the eleven holidays, Employees shall be paid at one and one -half (1 -1/2) times their base rate of pay for all hours worked on the actual holiday between the hours of midnight and midnight. For any overtime hours worked on a holiday Employees will be paid two (2) times their base rate of pay. 26.3 Employees, with approval, may use accumulated holiday leave time in any hourly increment the Employee chooses. 26.4 If an additional holiday is awarded to other non -union employees, it would be provided to the Union as well. Article 27. Short Term Disability 27.1 Calculation of the short-term disability benefit shall be based on an average eight (8) hour workday. Each Employee who has successfully completed 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 (after absence for 160 consecutive regularly scheduled working hours) 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 tenth (110th) working day (880th regularly scheduled working hour) 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 (after absence for eighty consecutive regularly scheduled working hours) 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 (800th regularly scheduled working hour) 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 (720 working hours) 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. 27.2 Before any short-term disability payments are made by the Employer to an Employee, the Employer 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 Employer 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 Employer by any competent person designated by the Employer when the Employer deems the same to be reasonably necessary to verify the illness or injury claimed. 27.3 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 28. Bereavement Leave 28.1 Bereavement leave will be granted to full -time Employees up to a maximum of twenty -four (24) scheduled hours. Bereavement Leave is granted in case of deaths occurring in the immediate family. For this purpose, immediate family is considered to include those individuals (either by blood or by law) such as: spouse, children, parents, brothers, sisters, grandparents, grandchildren, parents in -laws, brothers in -law, and sisters in -law. 28.2 The City will allow union employees to follow current practices for non -union employees, which gives Employees an option to appeal directly to the City Manager for additional time off if extenuating circumstances prevail. Article 29. Jury Pay 29.1 It shall be understood and agreed that the Employer 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. Resolution No. 2006 -09 Page 12 Article 30. Compensatory Time 30.1 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 31. Employee Education Program 31.1 The Employer will pay certain expenses for certain education courses based on the following criteria: a. The training course must have relevance to the Employee's present or anticipated career responsibilities; b. Attendance shall be at an institution approved by the Employer. The course must be approved by the Chief. c. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 31.2 Programs Financial Policy Financial assistance not to exceed the amount of two thousand, nine hundred, twenty -five dollars ($2,925.00) per Employee per year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for 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 Employer will pay fifty percent (50 %) of the cost of tuition in advance of the Employee's actual participation in the course and the Employee shall pay fifty percent (50 %) of the cost. Upon successful completion of the course, an Employee will be required to present to the Chief 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, seventy percent (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. 31.3 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50 %) of the tuition cost for which the Employee obligated himself or herself in the approved application as well as for the cost of any course required books, educational materials or fees. If the Employee fails to satisfactorily complete the course, the Employee will not be reimbursed for these costs. 31.4 The program will not reimburse the Employee for the hours the Employee spends in class, only for the tuition. 31.5 Expenses for which the Employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 31.6 The City will not pay tuition or other costs for those courses, which are used to make the Employee eligible for additional salary. Article 32. Waiver 32.1 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. 32.2 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 Employee 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 the 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 contact was negotiated or executed. Article 33. Duration 33.1 This Agreement shall be effective as of first day of January, 2006, and shall remain in full force and effect through the thirty -first day of December, 2007. In witness whereof, the parties hereto have executed this Agreement on this day of 12006. 7 Resolution No. 2006 -09 We hereby recommend approval of this agreement. FOR CITY OF FRIDLEY Scott .-Lund, MjKor (Date) William W. Burns, City Manager (Date) Deborah K. Dahl, Human Resources Director(Date) Donovan W. Abbott, Public Safety Director (Date) 10 Page 13 FOR LAW ENFORCEMENT LABOR SERVICES, INC. Terry Herberg, LELS Business Agent (Date) Mike Morrissey, Steward (Date)