Res 2017-33 Sergeants Contract
RESOLUTION NO. 2017 - 33
A RESOLUTION APPROVING AND AUTHORIZING SIGNING
AN AGREEMENT WITH SERGEANTS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2017, 2018 AND 2019
WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police
Sergeants (Local #310) 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 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 an agreement and
participated in a mediation with the Bureau of Mediation Services on June 15, 2017; and
WHEREAS, with the assistance of a mediator, representatives of the Union and the City were able
to reach an agreement to settle the 2017, 2018 and 2019 contract; and
WHEREAS, the 2017, 2018 and 2019 contract (Exhibit "A") is the result of that collective
bargaining process, and
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said agreement
and 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
TH
10 DAY OF JULY, 2017.
_____________________________
SCOTT J. LUND - MAYOR
ATTEST:
____________________________________
DEBRA A. SKOGEN - CITY CLERK
"EXHIBIT A"
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
(Police Sergeants)
2017, 2018 & 2019
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LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2017, 2018 & 2019
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
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14. Court Time 9
15. Call Back Time 10
16. Insurance 10
17. Standby Pay 13
18. Uniforms 13
19. P.O.S.T. Training 13
20. Working Out of Class Pay 13
21. Wage Rates 14
22. Separation and Benefit Plan 14
23. Legal Defense 14
24. Probationary Periods 14
25. Annual Leave 15
26. Holidays 16
27. Short-term Disability 17
28. Bereavement Leave Pay 18
29. Jury Pay 18
30. Compensatory Time 18
31. Employee Education Program 18
32. Waiver 20
33. Duration 20
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LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2017, 2018 & 2019
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.
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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
3.10Scheduled 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.
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3.13 Strike
Concerted action in failing to rep
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.
3.14Job Classification Seniority
Length of continuous service within any job classification covered by this
AGREEMENT.
3.15Employer 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
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choices and changes in the position(s) of steward and/or alternate.
6.3 The Employer shall make space available on the Employee bulletin board for
posting Union notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any
and all claims, suits, orders, or judgments brought or issued against the
Employer as a result of any action taken or not taken by the Employer under
the provisions of this Article.
Article 7. Employee Rights - Grievance Procedure
7.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation
or application of the specific terms and conditions of this Agreement.
7.2 Union Representatives
The Employer will recognize Representatives designated by the Union as the
grievance representatives of the bargaining unit having the duties and
responsibilities established by this Article. The Union shall notify the
Employer in writing of the names of such Union Representatives and of their
successors when so designated as provided by Section 6.2 of this Agreement.
7.3 Processing of Grievance
It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties
and responsibilities of the Employees and shall therefore be accomplished
during normal working hours only when consistent with such Employee
duties and responsibilities. The aggrieved Employee and a Union
Representative shall be allowed a reasonable amount of time without loss in
pay when a grievance is investigated and presented to the Employer during
normal working hours provided that the Employee and the Union
Representative have notified and received the approval of the designated
supervisor who has determined that such absence is reasonable and would
not be detrimental to the work programs of the Employer.
7.4 Procedure
Grievances, as defined by Section 7.1, shall be resolved in conformance with
the following procedure:
Step 1
An Employee claiming a violation concerning the interpretation or
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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 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.
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The arbitrator shall consider and decide only the specific issue(s)
submitted in writing by the Employer and the Union, and shall have
no authority to make a decision on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions
contrary to, or inconsistent with, or modifying or varying in any way to
application of laws, rules, or regulations having the force and effect of
law. The arbitrators decision shall be submitted in writing within
thirty (30) days following close of the hearing or the submission of
briefs by the parties, whichever be later, unless the parties agree to an
extension. The decision shall be binding on both the Employer and the
Union and shall be based solely on the arbitrator's interpretation or
application of the express terms of this Agreement and to the facts of
the grievance presented.
c. The fees and expenses for the arbitrator's services and
proceedings shall be borne equally by the Employer and the Union
provided that each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim
record of the proceedings the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall
be 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 . 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
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the aggrieved Employee from making a subsequent appeal through Step 3 of
Article 7.
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 (7 Cir.), cert.
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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 8. Savings Clause
8.1 This Agreement is subject to the laws of the United States, the State of
Minnesota and the City of Fridley. In the event any provision of this
Agreement shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided such provisions shall be voided. All other provisions
of this Agreement shall continue in full force and effect. The voided provision
may be renegotiated at the written request of either party.
Article 9. Seniority
9.1 Seniority shall be determined by Job Classification Seniority and posted in an
appropriate location. Seniority rosters may be maintained by the Director of
Public Safety on the basis of both Job Classification Seniority and Employer
Seniority.
9.2 During the probationary period a newly hired or rehired Employee may be
discharged at the sole discretion of the Employer. During the probationary
period a promoted or reassigned Employee may be replaced in his/her
previous position at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of Employer
Seniority. Employees shall be recalled from layoff on the basis of Employer
Seniority. An Employee on layoff shall have an opportunity to return to work
within one (1) year of the time of his/her layoff before any new Employee is
hired.
9.4 Senior Employees will be given preference with regard to transfer, job
classification and assignments when the job-relevant qualifications of
Employees are equal.
9.5 Employees shall be given shift assignments preference on the basis of Job
Classification Seniority.
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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.
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
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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 at one and one-half (1-1/2) times the
Employee's regular base pay rate for hours worked in excess of the
Employees regularly scheduled shift. Changes of shifts do not qualify an
Employee for overtime under this Article.
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
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(1-1/2) times 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
three
(3) hours at their base rate as provided in Article 21.1 for each day on
standby.
14.2
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.
14.3The business day notice applies to all court cases for which the Employee
receives notice resulting from their employment with the City.
14.4Employees 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.
14.5Employees 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 -duty
time shall receive a minimum of three (3) hours pay at one and one-half (1-
regularly scheduled shift for duty does not qualify the Employee for the three
(3) hour minimum.
15.2 An Employee who works extra-duty work (outside employment) during the
Employee's scheduled off-duty time shall receive a minimum of two (2) hours
pay at one and one-half (1-1/2) times the Employee's base pay rate.
Article 16. Insurance
16.1 For the calendar year 2017, for Employees who choose single coverage in the
Base Plan, the Employer will contribute up to $739.88 per month per
employee toward the single health insurance premium and $1,571.07 per
10
month toward the dependent health insurance premium, or an amount equal
to that provided to non-union employees, whichever is greater, in accordance
For the calendar years of 2018 and 2019, for those Employees who choose
coverage in the Base Plan, the Employer will contribute the same amount
provided to non-union employees. If the 2018 or 2019 employer contribution
rates for the non-union employees are less, the previous year's contribution
will remain in effect.
16.2 For the calendar year 2017, for Employees who choose the high deductible
health plan and health reimbursement arrangement (HRA), the Employer
will contribute $603.97 per month toward the single health insurance
premium and $1,459.07 toward dependent health insurance premium, or an
equal amount to that provided to non-union employees, whichever is greater,
For the calendar years of 2018 & 2019, for those Employees who choose
coverage in the HRA Plan, the Employer will contribute the same
amount provided to non-union employees.
If the 2018 or 2019 employer contribution rates for the non-union employees
are less, the previous year's contribution will remain in effect.
16.3 For the calendar year 2017, 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
For the calendar years of 2018 & 2019, for those Employees who choose
coverage in the HRA Plan, the Employer will contribute the same amount
provided to non-union employees in their HRA VEBA.
If the 2018 or 2019 employer contribution rates for the non-union employees
are less, the previous year's contribution will remain in effect.
16.4 For the calendar year 2017, for Employees who choose the high deductible
health plan and healthcare savings account (HSA), the Employer will
contribute $570.17 per month toward single health insurance premium and
$1,459.07 toward the dependent health insurance premium, or an equal
amount to that provided to non-union employees, whichever is greater, in
For the calendar years of 2018 & 2019, for those Employees who choose
coverage in the HSA Plan, the Employer will contribute the same amount
provided to non-union employees in their HSA account.
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If the 2018 or 2019 employer contribution rates for the non-union employees
are less, the previous year's contribution will remain in effect.
16.5 For the calendar year 2017, 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
For the calendar years 2018 & 2019, for Employees who choose the high
deductible health plan and healthcare savings account (H.S.A.), the Employer
will contribute an equal amount toward the HSA as is provided to non-union
Benefit Plan.
16.6 For the calendar years of 2017, for Employees who choose dental coverage,
the Employer will contribute up to $25 per month toward the dental
insurance premium, or an amount equal to that provided to non-union
lexible
Benefit Plan.
For the calendar years of 2018 & 2019, for those Employees who choose
dental coverage, the Employer will contribute the same amount provided to
non-union employees.
If the 2018 or 2019 employer contribution rates for the non-union employees
are less, the previous year's contribution will remain in effect.
16.7 For the calendar year of 2017, 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 $2.88 per month), or an amount equal to that
provided to non-union employees, whichever is greater, in accordance with
For the calendar years of 2018 & 2019, the Employer will contribute the same
amount for group term life insurance provided to non-union employees.
If the 2018 or 2019 employer contribution rates for the non-union employees
are less, the previous year's contribution will remain in effect.
16.8 For the calendar year 2017, 2018 & 2019,
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
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having ten (10) additional Benefit Leave Days or a monthly cash benefit of
$476.77, or the amount equal to or greater than the amount provided to non-
union employees.
For the calendar years 2018 & 2019, for Employees who choose to waive the
health and dental programs and elect Benefit Leave Days or the monthly
cash option, the Employer will contribute the same amount provided to non-
Flexible Benefit Plan.
If the 2018 or 2019 employer contribution rates for the non-union employees
are less, the previous year's contribution will remain in effect.
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
Employees placed on standby shall remain able to respond within a
reasonable time. Such reasonable time, if not otherwise specified at the time
of assignment to standby, shall be one (1) hour to the police department, or
other location designated by the City. Employees placed on standby shall
remain available to be contacted by the Employer by normal means to include
phone or wireless communication devices.
Article 18. Uniforms
18.1 The Employer shall provide required uniform and equipment items. Non-
uniformed Employees shall be reimbursed up to $450.00 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.
19.2Employer 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.
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Article 21. Wage Rates
21.1 The following hourly wage rates will apply for 2017, 2018 & 2019 (amounts
may be rounded to two decimal points):
Step Jan. 1, 2017 Jan. 1, 2018 Jan. 1, 2019
Start 43.00 44.18 45.51
1 Year 43.63 44.83 46.18
2 Year 44.86 46.10 47.48
21.2 Specialty Pay - Any sergeant assigned to investigation will be compensated
an additional $225 per month.
21.3 Shift Differential -Employees who work between 11 p.m. and 7 a.m.
shall be
paid a shift differential for hours worked between those times, according to the following
schedule:
a. An additional $1.00 per hour will be paid for regular hours worked.
b. An additional one and one-half (1 1/2) times the shift differential ($1.50 per hour)
will be paid in addition to overtime compensation for hours worked in
addition to a regularly scheduled shift, and for call back or early report to a shift,
for extra duty hours, or voluntary overtime shifts.
c. An additional two (2) times the shift differential ($2.00 per hour) will be paid in
addition to overtime pay for overtime hours worked on a holiday.
d. Shift differential does not apply to any leave type taken for hours during those hours.
Article 22. Legal Defense
22.1 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.
22.2 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.
22.3 Employer will provide protection for all Employees against false arrest
charges.
Article 23. Probationary Periods
23.1 All newly hired, rehired, or promoted Employees will serve a one year
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probationary period.
Article 24. Annual Leave
24.1 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.
24.2 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.
24.3 Annual leave shall accrue at the rate of eighteen (18) days (144 hours) per
year for the first seven (7) years (84 consecutive months) of employment with
the City.
An Employee who has worked seven (7) years (84 consecutive months) shall
accrue annual leave at the rate of twenty-four (24) days (192 hours) per year,
beginning with the eighty- fifth (85th) month of consecutive employment with
the City.
An Employee who has worked fifteen (15) years (180 consecutive months)
shall accrue annual leave at the rate of twenty-six (26) days (208 hours) per
year, beginning with the one hundred eighty-first (181st) month of
consecutive employment with the City.
These rates are based on a forty-hour (40) regular workweek. The actual
amount credited to an Employee in any given pay period shall be pro-rated
according to the actual number of regular hours worked during that pay
period. Hours worked on overtime, callback, or standby shall not enter into
the calculation of the accrual of annual leave.
24.4 The maximum total accumulation of annual leave at the end of any given
year shall be thirty (40) days (320 hours).
Effective 1/1/2014, an Employee who has worked twenty (20) years (240
consecutive months) shall accrue annual leave at the rate of twenty-eight (28)
days (224 hours) per year, beginning with the two hundred forty first (241)
month of successive employment.
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24.5 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 (35) days (280
hours).
c. An Employee taking advantage of this provision must file the
appropriate forms with the payroll division of the Employer.
24.6 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.
24.7 Effective adoption of the contract, all sergeants shall be enrolled in a
retirement health savings plan (RHS) and shall contribute $50.00 per pay
period into their account.
Upon separation from employment, sergeants will contribute 50% of all
unpaid leave or accruals due to the employee (such as accrued annual leave,
comp time, holiday pay, wellness leave, benefit leave, separation benefit, etc.)
and shall be placed into the emp
regular wages or benefits paid out in the employee's final paycheck.
Article 25. Holidays
25.1 Employees will accrue eight (8) hours of holiday leave for each of twelve (12)
holidays in a calendar year.
25.2 In addition to the twelve (12) 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.
25.3 Employees, with approval, may use accumulated holiday leave time in any
hourly increment the Employee chooses.
25.4 If an additional holiday is awarded to other non-union employees, it would be
provided to the Union as well.
25.5 Once a year, Employees will be paid for any unused holiday hours remaining
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after Dec. 31st of each year. Payment will be made at the Employee's hourly
rate in effect on Dec. 31st of the affected year.
25.6 The City will be responsible for designating the holidays and communicating
to Employees in advance of the effected year.
Article 26. Short Term Disability
26.1 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
(800th regularly scheduled working hour) of absence, whichever occurs first.
The amount of any compensation for the short-term disability benefit shall be
reduce
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.
26.2 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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26.3 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 27. Bereavement Leave
27.1 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.
27.2 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 28. Jury Pay
28.1 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.
Article 29. Compensatory Time
329.1 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 30. Employee Education Program
30.1 The Employer will pay certain expenses for certain education courses based
on the following criteria:
a.
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 and technical schools,
Minnesota School of Business, etc.
30.2Programs Financial Policy
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Financial assistance not to exceed the amount of tthousand,
dollars ($3,600.00) per Employee per calendar year will be extended
to cover the cost of tuition, required books or educational materials, and
required fees related to the course (i.e. lab fees, etc.). Charges for student
union membership, student health coverage, mileage, parking, and other
charges for which the student receives some item or services other than
actual instruction will not be paid. 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.
30.3 If the Employee satisfactorily completes the course and provides the required
documentation, the Employee will be reimbursed for 100% of the cost of the
eligible costs (i.e. tuition, books, course fees, etc.). If the Employee fails to
satisfactorily complete the course, the Employee will not be reimbursed for
these costs.
30.4 The program will not reimburse the Employee for the hours the Employee
spends in class, only for the tuition.
30.5 Expenses for which the Employee is compensated under some other
educational or assistance program, scholarships, or programs such as the GI
bill, will not be covered.
30.6 The City will not pay tuition or other costs for those courses, which are used
to make the Employee eligible for additional salary.
30.7 The City will not reimburse the Employee for any course which is not
completed and/or any course which may be a duplicate or retaken.
30.8 The City Manager will review and consider requests for reimbursement
which exceed $3,600 per year based on unusual or extenuating
circumstances. Requests, documentation and justification must be submitted
in writing in advance of registration for the course and will be reviewed on a
case-by-case basis.
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Article 31. Waiver
31.1 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.
31.2 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 32. Duration
32.1 This Agreement shall be effective as of first day of January, 2017, and shall
remain in full force and effect through the thirty-first day of December, 2019.
In witness whereof, the parties hereto have executed this Agreement on this
______ day of _______________, 2017.
Signatures:
FOR CITY OF FRIDLEY
__________________________________________________________________
Scott J. Lund, Mayor (Date)
__________________________________________________________________
Walter T. Wysopal, City Manager (Date)
__________________________________________________________________
Deborah K. Dahl, Human Resources Director (Date)
__________________________________________________________________
Brian T. Weierke, Public Safety Director (Date)
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
__________________________________________________________________
Adam Burnside, LELS Business Agent (Date)
__________________________________________________________________
Jeff Guest, Steward (Date)
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