RES 2010-82 - 14770RESOLUTION NO. 2010 -82
A RESOLUTION APPROVING AND AUTHORIZING SIGNING
AN AGREEMENT WITH POLICE OFFICERS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2010 & 2011
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 wages and working conditions 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 wages and working conditions 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, representatives of the Union and the City have reached an agreement (Exhibit
"A ") and
WHEREAS, Union members voted in favor of adopting the agreement,
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 Officers
of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
8TH DAY OF NOVEMBER, 2010.
-Ife if
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA SKOGE - CITY CLERK
EXHIBIT "A'
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
2010 & 2011
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
2010 & 2011
TABLE OF CONTENTS
ARTICLE
PAGE
1.
Purpose of Agreement
1
2.
Recognition
1
3.
Definitions
1
4.
Employer Security
3
5.
Employer Authority
3
6.
Union Security
3
7.
Employee Rights - Grievance Procedure
4
8.
Savings Clause
7
9.
Seniority
7
10.
Discipline
8
11.
Constitutional Protection
9
12.
Work Schedules
9
13.
Overtime
9
14.
Court Time
10
n
15.
Call Back Time
10
16.
Working Out of Classification
11
17.
Insurance
11
18.
Standby Pay
13
19.
Uniforms
13
20.
P.O.S.T. Training
13
21.
Longevity and Educational Incentive
13
22.
Wage Rates
15
23.
Legal Defense
15
24.
Probationary Periods
16
25.
Annual Leave
16
26.
Holidays
18
27.
Short -term Disability
18
28.
Bereavement Leave Pay
19
29.
Jury Pay
19
30.
Compensatory Time
19
31.
Employee Education Program
20
32.
Pay for Investigators or School Resource Officer
21
33.
BMC Case No. 85 -PN- 486 -A. Issue 8
21
34.
Waiver
21
35.
Duration
22
iii
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
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, under
Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in
the following job classifications:
1. Police Officer
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.
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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 during which the Employee remains on
continual duty and is responsible for assigned duties.
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3.12 Lunch Break
A period during the scheduled shift during which the Employee remains on
continual duty and is responsible for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one's
position, the stoppage of work, slow -down, or abstinence in whole or in part from
the full, faithful; and proper performance of the duties of employment for the
purposes of inducing, influencing or coercing a change in the conditions or
compensation or the rights, privileges or obligations of employment.
Article 4. Employer Security
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
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 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 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).
V
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 (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
M
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 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
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 Remedy
If, as a result of the written Employer response in Step 2 or 2a, 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 7 or to another
procedure such as Veteran's Preference or Fair Employment. If appealed to any
procedure other than Step 3 of this Article, the grievance is not subject to the
arbitration procedure as provided in Step 3 of Article 7. The aggrieved Employee
shall indicate in writing which procedure is to be utilized - Step 3 of Article 7 or
an alternate procedure - and shall sign a statement to the effect that the choice
of the alternate procedure precludes the aggrieved Employee from making a
subsequent appeal through Step 3 of Article 7.
1Cj
Except with respect to statutes under jurisdiction of the United States Equal
Opportunity Commission, an employee pursuing a statutory remedy is not
precluded from also pursuing an appeal under this grievance procedure. If a
court of competent jurisdiction rules contrary to the ruling in EEOC V. Board of
Governors of State Colleges and Universities, 957 F.2d 424 (71h Cir.), cert. denied,
506 U.S. 906, 113 S.Ct. 299(1992), or if Board of Governors is judicially or
legislatively overruled, this paragraph of this Section shall be null and void.
Article S. Savings Clause
This Agreement is subject to the laws of the United States, the State of
Minnesota and the City of Fridley. In the event any provision of this Agreement
shall be held to be contrary to law by a court of competent jurisdiction from
whose final judgment or decree no appeal has been taken within the time
provided, such provisions shall be voided. All other provisions of this Agreement
shall continue in full force and effect. The voided provision may be renegotiated
at the written request of either party.
Article 9. 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 direction 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 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 (2) 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 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.
7
9.6 One continuous scheduled annual leave period shall be selected on the basis of
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 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.
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.
E:3
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
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 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;
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 Employee's regularly
scheduled shift. Changes of shifts do not qualify an Employee for overtime
under this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by Employees will for record purposes under Article 13.2 be
considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the Employee from so working.
Article 14. Court Time
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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
(1.5) 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 three (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 18 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 (1.5) 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 Y2) times the Employee's base pay rate. Extra -duty hours
worked on a holiday, as defined in Article 26, shall be compensated at two (2)
times the Employee's base pay rate.
10
Article 16. Working Out of Classification
Employees assigned by the Employer to assume the full responsibilities and authority
of a higher job classification shall receive the salary schedule of the higher classification
for the duration of the assignment.
Article 17. Insurance
17.1 For the calendar year 2010, for Employees who choose single coverage in the
Base Plan, the Employer will contribute up to $519.59 per month per employee
toward the health insurance premium 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 2011, for Employees who choose
single coverage in the Base Plan, the Employer will contribute up to $519.59 per
month per employee toward the health insurance premium or an amount equal
to that provided to non -union employees, whichever is greater, in accordance
with the Employer's Flexible Benefit Plan.
17.2 For the calendar year 2010, for Employees who choose dependent coverage in the
Base Plan, the Employer will contribute up to $1,103.33 per month per employee
toward the health insurance premium, 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 2011, for Employees who choose
dependent coverage in the Base Plan, the Employer will contribute up to
$1,103.33 per month per employee toward the health insurance premium, or an
amount equal to that provided to non -union employees, whichever is greater, in
accordance with the Employer's Flexible Benefit Plan.
17.3 For the calendar year 2010, for Employees who choose the high deductible
health plan and health reimbursement arrangement (HRA), the Employer will
contribute $411.15 per month toward the single health insurance premium and
$1,003.33 toward dependent health insurance premium, or an equal amount to
that provided to non -union employees, whichever is greater, in accordance with
the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees
who choose the high deductible health plan and health reimbursement
arrangement (HRA), the Employer will contribute $411.15 per month toward the
single health insurance premium and $1,003.33 toward dependent health
insurance premium, or an equal amount to that provided to non -union
employees, whichever is greater, in accordance with the Employer's Flexible
Benefit Plan.
17.4 For the calendar year 2010, 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
11
to that provided to non -union employees, whichever is greater, in accordance
with the Employer's Flexible Benefit Plan. For the calendar year 2011, 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.
17.5 For the calendar year 2010, for Employees who choose the high deductible
health plan and healthcare savings account (HSA), the Employer will contribute
$419.59 per month toward single health insurance premium and $1,003.33
toward the dependent health insurance premium, or an equal amount to that
provided to non -union employees, whichever is greater, in accordance with the
Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees
who choose the high deductible health plan and healthcare savings account
(HSA), the Employer will contribute $419.59 per month toward the single health
insurance premium and $1,003.33 toward the dependent health insurance
premium, or an equal amount to that provided to non -union employees,
whichever is greater, in accordance with the Employer's Flexible Benefit Plan.
17.6 For the calendar year 2010, for Employees who choose the high deductible
health plan and healthcare savings account (H.S.A.), the Employer will
contribute $100 per month toward the H.S.A. Account, or an equal amount to
that provided to non -union employees, whichever is greater, in accordance with
the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees
who choose the high deductible health plan and healthcare savings account
(H.S.A.), the Employer will contribute $100 per month toward the 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.
17.7 For the calendar year 2010 and for 2011, for Employees who choose dental
coverage, the Employer will contribute up to $22 per month toward the dental
insurance premium, or an amount equal to that provided to non -union
employees, whichever is greater, in accordance with the Employer's Flexible
Benefit Plan.
17.8 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.
17.9 For 2010 and 2011, 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
12
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 $415.67, 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 18. 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. 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, assigned court location, 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. Employees
assigned to standby for court appearances shall be compensated for three (3) hours of
pay for each day or portion of a day on standby.
Article 19. Uniforms
The Employer shall provide required uniform and equipment items.
Article 20. P.O.S.T. Training
20.1 Employer shall assign training at Employer's expense for Police Officers to
complete 48 hours of P.O.S.T. Board approved education during each three -year
licensing period.
20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees
required to maintain the license.
Article 21. Longevity and Educational Incentive
Effective July 1, 1978, the following terms and conditions are effective, except that
Employees hired after January 1, 1987, shall not be eligible for educational incentive.
21.1 After four (4) years of continuous employment each Employee shall choose to be
paid three percent (3 %) of the Employee's base rate or supplementary pay, based
on educational credits as outlined in 21.6 of this Article.
21.2 After eight (8) years of continuous employment, each Employee shall choose to
be paid supplementary pay of five percent (5 %) of the Employee's base rate, or
supplementary pay based on educational credits, as outlined 21.6 of this Article.
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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
terms of college quarter credits
45-89
90-134
135- 179
180 or more
Percentage Pay
increment
3%
5%
7%
9%
Not all courses are to be eligible for credit. Courses receiving qualifying credits
must be job- related. (Thus, a four -year degree is not automatically 180 credits -
or two year certificate is not automatically 90 credits.) Job - related courses plus
those formally required to enter such courses shall be counted. For example: If
Principles of Psychology (8 credits) is required before taking Psychology of Police
Work (3 credits), completion of those courses would yield a total of eleven
qualifying credits. C.E.U.'s (Continuing Education Units) in job - related
seminars, short courses, institutes, etc. shall also be counted.
The Employer shall determine which courses are job - related. Disputes are
grievable based on the criteria outlined in the award of Minnesota Bureau of
Mediation Services Case No. 78 -PN- 370 -A.
Article 22. Wage Rates
22.1 The following hourly wage rates will apply for 2010 & 2011 (amounts may be
rounded to two decimal points):
Jan.I
Nov.6
Jan.1
2010
2010
2011
Start 20.20
20.46
20.46
14
After six months
21.76
22.07
22.07
After one year
24.83
25.16
25.16
After two years
27.92
28.28
28.28
After three years
31.04
31.44
31.44
22.2 Employees classified or assigned by the Employer to the following job
classifications or positions will receive five percent (5 %) in addition to their
regular wage rate:
Investigative (detective); School Resource Officer; Rental Housing Officer and
Drug Task Force Investigator
22.2 An Employee certified for and assigned to Field Training Officer (FTO) duties
shall receive overtime pay equal to the overtime rate or compensatory time at
time and one -half up to the limit in Article 30, in addition to any other regular
overtime worked, for any single shift worked as Field Training Officer as
indicated:
Shift of 12 or more hours
Shift of 8 to 11.9 hours
Shift of 4 to 7.9 hours
Article 23. Legal Defense
two (2) hours
one and one half (1 -1/2) hours
one(l)hour
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
All newly hired or rehired Employees will serve a twelve (12) month 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
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work day. 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 Pt of each year.
After March 1St, scheduled annual leave shall be on a first -come, first - served
basis.
25.3 A beginning Employee shall accrue annual leave at the rate of eighteen (18)
days (144 hours) per year for the first seven (7) years (84 successive months).
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 successive employment.
An Employee who has worked fifteen (15) years (180 successive months) shall
accrue annual leave at the rate of twenty -six (26) days (208 hours) per year,
beginning with the one hundred eighty -first (181St) month of successive
employment.
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 prorated
according to the actual number of regular hours worked during that pay period.
Hours worked on overtime, callback, or standby shall not enter into the
calculation of the accrual of annual leave.
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.
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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 (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 for the
City's 457 Deferred Compensation Plan 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) day's salary for each day of accrued annual leave remaining in the
Employee's balance.
Article 26. Holidays
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26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11)
holidays in a calendar year. If the City granted a 121h holiday to non -union
employees, it would apply to the patrol union as well.
26.2 In addition to the eleven holidays, Employees assigned to the Patrol Division
shall be paid at one and one -half (1- Y2) 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.
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 (1101h) working day
(8801h regularly scheduled working hour) of absence, whichever occurs first.
Such an Employee shall also be entitled to full pay commencing on the eleventh
(111h) 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 (1001h) working day (8001h 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
IC]
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: 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
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.
Article 30. Compensatory Time
Management reserves the right to approve compensatory time in lieu of overtime
pay. Compensatory time shall not be accumulated in excess of thirty six (36)
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;
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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.
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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. Pay for Investigators, School Resource, Rental Housing Officers,
and Drug Task Force Investigators
In addition to receiving the five (5 %) percent per month differential pay, Employees
assigned as Investigators, School Resource, Rental Housing Officers, and Drug Task
Force Investigators shall be eligible for the overtime provisions of the contract
applicable to Police Officers.
Article 33. BMC Case No. 85 -PN- 486 -A, Issue 8
The Employer shall establish a minimum of two (2) months between each shift change
in the rotation.
Article 34. Waiver
34.1 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.
34.2 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 contract was negotiated or executed.
Article 35. Duration
This Agreement shall be effective as of the first day of Jan. 1, 2010, and shall remain in
full force and effect through the thirty -first day of December, 2011. In witness whereof,
the parties hereto have executed this Agreement on this day of
2010.
I hereby recommend approval of this agreement.
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FOR CITY OF FRIDLEY
Scott J. Lund, Mayor
(Date)
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.
Nick Wetschka, LELS Business Agent
(Date)
Gin Skyy, Steward
(Date)
Bob Stevens, Steward
(Date)
Nick Kaufer, Steward
(Date)
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