RES 2009-07 - 14584RESOLUTION NO. 2009 - 07
A RESOLUTION APPROVING AND AUTHORIZING SIGNING
AN AGREEMENT WITH SERGEANTS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2008 & 2009
WHEREAS, the Law Enforcement Labor Services, Inc. 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 in good faith
regarding the requests of the Union and the City; and
WHEREAS, representatives of the Union and the City were not able to reach a formal agreement;
and
WHEREAS, both parties entered into mediation and interest arbitration to settle the contract; and
WHEREAS, a final arbitration award was issued on Jan. 3, 2009 by the Bureau of Mediation
Services arbitrator, Richard J. Miller; and
WHEREAS, the 2008 -2009 contract (Exhibit "A ") is the result of that interest arbitration and
collective bargaining process, and
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 26TH
DAY OF JANUARY, 2009.
-Ve if
SCOTT J. — MAYOR
ATTEST:
' &ammw His" .0
DEBRA A. SKOGEN - ITY CLERK
Resolution No. 2009 -07
Page 2
Exhibit A
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2008 & 2009
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Resolution No. 2009 -07
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2008 & 2009
TABLE OF CONTENTS
ARTICLE
1. Purpose of Agreement
2. Recognition
3. Definitions
4. Employer Security
5. Employer Authority
6. Union Security
7. Employee Rights - Grievance Procedure
8. Savings Clause
9. Seniority
10. Discipline
11. Constitutional Protection
12. Work Schedules
13. Overtime
14. Court Time
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Resolution No. 2009 -07
15. Call Back Time
16. Insurance
17. Standby Pay
18. Uniforms
19. P.O.S.T. Training
20. Working Out of Class Pay
21. Wage Rates
22. Separation and Benefit Plan
23. Legal Defense
24. Probationary Periods
25. Annual Leave
26. Holidays
27. Short -term Disability
28. Bereavement Leave Pay
29. Jury Pay
30. Compensatory Time
31. Employee Education Program
32. Waiver
33. Duration
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LABOR AGREEMENT
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Resolution No. 2009 -07 Page 1
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2008 & 2009
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.
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
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Resolution No. 2009 -07 Page 2
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
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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.
3.14 Job Classification Seniority
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).
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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
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Resolution No. 2009 -07
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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
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
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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 S. 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.
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
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Resolution No. 2009 -07 Page 7
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 1st of each
calendar year. After March 1st, 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
e. discharge.
10.2 Suspensions, demotions and discharges will be in written form.
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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;
e. 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 atone 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.
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
Resolution No. 2009 -07 Page 9
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 (3) hours prior to the time scheduled for the Employee's
appearance in court. The Employee will be compensated for three (3) 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 three (3) 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
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Resolution No. 2009 -07 Page 10
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 Employees who choose single coverage, the Employer will contribute up to
$471.27 per month per employee toward health insurance for the Base Plan or
High Option during calendar year 2008, or an amount equal to that provided to
non -union employees, whichever is greater, in accordance with the Employer's
Flexible Benefit Plan. For calendar year 2009, the Employer will contribute up
to $471.27 per month per employee toward the Base Plan, 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 2008, for Employees who choose dependent coverage, the
Employer will contribute up to $1,000.71 per month per employee toward
health insurance for the Base Plan or High Option, or an amount equal to that
provided to non -union employees, whichever is greater, in accordance with the
Employer's Flexible Benefit Plan. For the calendar year 2009, for Employees
who choose dependent coverage, the Employer will contribute up to $1,000.71
per month per employee toward health insurance for the Base Plan 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 Employees who choose the high deductible health plan and health
reimbursement arrangement (HRA), the Employer will contribute $401.00 per
month toward single coverage for calendar year 2008, $356.66 per month
toward single coverage in 2009, and $900.71 toward dependent coverage for
both 2008 and 2009, or an amount equal to that provided to non -union
employees, whichever is greater, in accordance with the Employer's Flexible
Benefit Plan for the same calendar year.
16.4 For Employees who choose the high deductible health plan and health
reimbursement arrangement (HRA), the Employer will contribute $100 per
month toward the VEBA Trust Account, or an equal amount to that provided to
non -union employees, whichever is greater, in accordance with the Employer's
Flexible Benefit Plan.
16.5 For calendar year 2009, for Employees who choose the high deductible health
plan and health savings account (H.S.A.), the Employer will contribute $326.59
per month toward single coverage and $900.71 per month toward dependent
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coverage, or an amount equal to that provided to non -union employees,
whichever is greater, in accordance with the Employer's Flexible Benefit Plan
for the same calendar year.
16.6 For calendar year 2009, for Employees who choose the high deductible health
plan and health savings account (H.S.A.), the Employer will contribute $100
per month toward the Employee's H.S.A., or an equal amount to that provided
to non -union employees, whichever is greater, in accordance with the
Employer's Flexible Benefit Plan. Enrolled Employees may contribute
additional amounts into their H.S.A. during the calendar year, up to the
maximum contribution allowed by the IRS (currently $5,950 annual maximum
— including the Employer's contribution).
16.7 For Employees who choose dental coverage, the Employer will contribute up to
$22 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.
16.8 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 $4.25 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.
16.9 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, 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 $377.00, 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.
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Article 18. Uniforms
Page 12
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 2008 -2009 (amounts maybe
rounded to two decimal points):
Jan. 1, 2008: $37.44 per hour
Jan. 1, 2009: $38.56 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.
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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.
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
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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. 1St 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
I.C.M.A. Retirement Corporation may exchange as many days as desired for
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Resolution No. 2009 -07
cash under the following conditions:
Page 15
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.
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
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Resolution No. 2009 -07
Page 16
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.
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Resolution No. 2009 -07
Article 30. Compensatory Time
Page 17
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
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Resolution No. 2009 -07 Page 18
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, 2008, and shall
remain in full force and effect through the thirty -first day of December, 2009. In
witness whereof, the parties hereto have executed this Agreement on this
day of , 2009.
Scott J. Lund, Mayor
FOR CITY OF FRIDLEY
(Date)
Resolution No. 2009 -07
Page 19
William W. Burns, City Manager (Date)
Deborah K. Dahl, Human Resources Director (Date)
Donovan W. Abbott, Public Safety Director (Date)
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
Brooke Bass, LELS Business Agent (Date)
Jeff Guest, Steward (Date)
19