Res 2002-26 RESOLUTION NO. 26—2002
A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN
AGREEMENT FOR POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE
DEPARTMENT FOR THE YEARS 2002 & 2003
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, agreement has now been reached between the representatives of the two
parties on the proposed changes in the existing contract between the City and the Union;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said
Agreement and that the Mayor and the City Manager are hereby authorized to execute the
attached Agreement (Exhibit "A") relating to 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 4'H DAY OF MARCH 2002.
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SC V' J. L I - MAYOR
ATTEST:
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DEBRA SKOGEN - CITYLERK
Resolution No.26-2002 Page 2
EXHIBIT"A"
I
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
I2002 AND 2003
Resolution No.26-2002 Page 3
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES,INC.
LOCAL NO.119
2002 AND 2003
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 3
7. Employee Rights-Grievance Procedure 4
8. Savings Clause 5
9. Seniority 5
10. Discipline 5
11. Constitutional Protection 6
12. Work Schedules 6
13. Overtime 6
14. Court Time 6
15. Call Back Time
16. Working Out of Classification 7
17. Insurance 7
7
18. Standby Pay 8
19. Uniforms 8
20. P.O.S.T.Training 8
21. Longevity and Educational Incentive 8
22. Wage Rates 9
23. Legal Defense 9
24. Probationary Periods 9
25. Annual Leave 9
26. Holidays 11
27. Short-term Disability 11
28. Bereavement Leave Pay 12
29. Jury Pay 12
30. Compensatory Time 12
31. Employee Education Program 12
32. Pay for Investigators or School Resource Officer 13
33. BMC Case No.85-PN-486-A.Issue 8 13
34. Waiver 13
35. Duration , 13
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Resolution No.26-2002 Page'if
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.
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.
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Resolution No.26-2002 Page 5
3.7 Union Officer
Officer elected or appointed by the Law Enforcement Labor Services,Inc.
3.8 Investigator/Detective
An Employee specifically assigned or classified by the Employer to the job classification and/or job position of
Investigator/Detective.
3.9 Overtime
Work performed at the express authorization of the Employer in excess of the Employee's scheduled shift.
3.10 Scheduled Shift
A consecutive work period,including rest breaks and a lunch break.
3.11 Rest Breaks
Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for
assigned duties.
3.12 Lunch Break
A period during the scheduled shift during which the Employee remains on continual duty and is responsible
for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work,
slow-down, or abstinence in whole or in part from the full, faithful; and proper performance of the duties of
employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation
or the rights,privileges or obligations of employment.
Article 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.
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Resolution No.26-2002 Page{�
6.2 The Union may designate Employees from the bargaining unit to act as a steward and an alternate and shall
inform the Employer in writing of such choice and changes in the position of steward and/or alternate.
6.3 The Employer shall make space available on the Employee bulletin board for posting Union notice(s) and
announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or
judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer
under the provisions of this Article.
Article 7. Employee Rights—Grievance Procedure
7.1 Defmition 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 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
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Resolution No.26-2002 Page 7
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 24
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 discipline of an Employee who has completed the required probationary period, the
grievance may be appealed either to Step 3 of Article 7 or to the Civil Service Commission. If appealed to the
Civil Service Commission 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 the appeal procedure in the Fridley Police Department Civil Service Rules and Regulations-and
shall sign a statement to the effect that the choice precludes the aggrieved Employee from making a subsequent
appeal through Step 3 of Article 7.
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Resolution No.26-2002 Page S
Article 8. 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.
9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until March 1'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.
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Resolution No.26-2002 Page q
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
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 at one and one-half(1-1/2) times the Employee's regular base pay rate for
hours worked in excess of the Employee's regularly scheduled shift. Changes of shifts do not qualify an
Employee for overtime under this Article.
13.2 Overtime will be distributed as equally as practicable.
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. If the court
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Resolution No.26-2002 Page /0
appearance is during the Employee's off-duty time and the court appearance is canceled,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 given by the end of the business day (5:00 p.m.) preceding the court appearance, the
Employee will received three(3)hours pay at one and one-half times(1 1/2)the Employee's base rate of pay.
14.2 The business day notice will apply to court appearances handled by the County Attorney's office and/or court
appearances handled by other counties or agencies.
14.3 The business day notice does not apply to court appearances handled by the City Prosecutor.
14.4 Officers who have received notice for a court appearance by the City Prosecutor may,at their option,appear in
court or telephone to determine if their appearance is required. If they telephone and their appearance is not
required,they will not be eligible for the minimum payment for a court appearance.
14.5 Officers must appear in traffic court when required.
14.6 The City has agreed to continue researching options for court time call-back and reporting.
If any terms or conditions are negotiated,they will be detailed through a memo of understanding.
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 '/2) times the Employee's base pay
rate.
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 2002, for Employees who choose single coverage, the Employer will contribute up to
$293.79 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.
17.2 For the calendar year 2002,for Employees who choose dependent coverage,the Employer will contribute up to
$705.10 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.
17.3 For the calendar year 2002, for Employees who choose dental coverage, the Employer will contribute up to
$15 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.
17.4 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 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.
17.4 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$234,or the amount
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Resolution No.26-2002 Page/J
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.
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.
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 state in terms of college quarter credits Percentage Pav Increment
45-89 3%
90-134 5%
135-179 7%
180 or more 9%
Not all courses are to be eligible for credit. Courses receiving qualifying credits must be iob-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
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Resolution No.26-2002 Page
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 2002(amounts may be rounded to two decimal points):
2002 Jan 1,2003 July 1,2003
Start $16.26 $16.59 $16.92
After six months $17.51 $17.86 $18.22
After one year $20.00 $20.40 $20.81
After two years $22.48 $22.93 $23.39
After three years $24.99 $25.49 $26.00
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
22.3 An Employee certified for and assigned to Field Training Officer(FTO)duties shall receive a minimum of one
and one-half hour(1 'A) of overtime or compensatory time, in addition to any other overtime worked for each
twelve (12)hour shift worked as Field Training Officer or one(1)hour of overtime or compensatory time in
addition to any other overtime worked for each eight (8) hour shift. The rate of pay will be equal to the
overtime rate or compensatory time at time and one-half up to the limit in Article 30.
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
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 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.
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Resolution No.26-2002 Page)3
25.2 Seniority shall apply on scheduled annual leave up to March lst 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 (1815`) 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. 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.
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Resolution No.26-2002 Page 14
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 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
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 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 (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.
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Resolution No.26-2002 Page 1
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 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.
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Resolution No.26-2002 Page /6
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. Pay for Investigators,School Resource and Rental Housing Officers
Employees receiving the five(5%)percent per month differential pay shall not be eligible for the overtime provisions of
the contract applicable to Police Officers, but they shall be eligible to receive overtime at time and one-half the
Employee's regular base rate of pay if the Employee is assigned by the Employer to work in excess of the number of
hours allowed by the Fair Labor Standards Act for the work period chosen by the Employer in accordance with the
special overtime exemptions for public safety Employees.
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 May, 2002, and shall remain in full force and effect through the
thirty-first day of December,2003. In witness whereof,the parties hereto have executed this Agreement on this_
day of ,2002.
I hereby recommend approval of this agreement.
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Resolution No.26-2002 Page ii
FOR CITY OF FRIDLEY
/al �� 3 �L''UY
Scott J.Lundr ( ate)
William W.Burns,City Manager (Date)
Deborah K.Dahl,Human Resources Director (Date)
David H.Sallman,Public Safety Director (Date)
FOR LAW ENFORCEMENT LABOR SERVICES,INC.
Chuck Bengston,LELS Business Agent (Date)
Kurt Morse,Steward (Date)
I
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