Res 2020-08 Contract with Sergeants
RESOLUTION NO. 2020 - 08
A RESOLUTION APPROVING AND AUTHORIZING SIGNING
AN AGREEMENT WITH SERGEANTS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2020 AND 2021
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 able to reach an agreement to settle the
2020 and 2021 contract; and
WHEREAS, the 2020 and 2021 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.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27
DAY OF JANUARY, 2020.
___________________________________
SCOTT J. LUND - MAYOR
ATTEST:
_________________________________________
DANIEL TIENTER - CITY CLERK
"EXHIBIT A"
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
(Police Sergeants)
2020 & 2021
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LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2020 & 2021
TABLE OF CONTENTS
ARTICLE PAGE
1. Purpose of Agreement 4
2. Recognition 4
3. Definitions 4
4. Employer Security 6
5. Employer Authority 6
6. Union Security 7
7. Employee Rights - Grievance Procedure 7
8. Savings Clause 10
9. Seniority 10
10. Discipline 11
11. Constitutional Protection 12
12. Work Schedules 12
13. Overtime 13
14. Court Time 13
15. Call Back Time 14
16. Insurance 14
17. Standby Pay 17
18. Uniforms 17
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TABLE OF CONTENTS (CONTINUED)
ARTICLE PAGE
19. P.O.S.T. Training 17
20. Working Out of Class Pay 17
21. Wage Rates 18
22. Legal Defense 18
23. Probationary Periods 19
24. Annual Leave 19
25. Holidays 21
26. Short-term Disability 21
27. Long Term Disability 22
28. Injury On-Duty 23
29. Paid Parental Leave 24
30. Bereavement Leave Pay 24
31. Jury Pay 24
32. Compensatory Time 24
33. Employee Education Program 25
34. Waiver 26
35. Duration 27
36. Signatures 27
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LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2020 & 2021
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
Employee’s scheduled shift.
3.10 Scheduled Shift
A consecutive work period, including rest breaks and a lunch break.
3.11 Rest Breaks
Periods during the scheduled shift, in which the Employee remains on continual
duty and is responsible for all assigned duties.
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3.12 Lunch Break
A period during the scheduled shift, in which the Employee remains on continual
duty and is responsible for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one’s
position, the stoppage of work, slow-down, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of employment for
the purposes of inducing, influencing or coercing a change in the conditions or
compensation or the rights, privileges or obligations of employment.
3.14 Job Classification Seniority
Length of continuous service within any job classification covered by this
AGREEMENT.
3.15 Employer Seniority
Length of continuous service with the EMPLOYER.
Article 4. Employer Security
4.1 The Union agrees that during the life of this Agreement the Union will not cause,
encourage, participate in or support any strike, slow-down or other interruption
of or interference with the normal functions of the Employer.
Article 5. Employer Authority
5.1 The Employer retains the full and unrestricted right to operate and manage all
personnel, facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct, and determine the number
of personnel; to establish work schedules, and to perform any inherent
managerial function not specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified
by this Agreement shall remain solely within the discretion of the Employer to
modify, establish, or eliminate.
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Article 6. Union Security
6.1 The Employer shall deduct from the wages of Employees who authorize such a
deduction in writing an amount necessary to cover monthly Union dues. Such
monies shall be remitted as directed by the Union.
6.2 The Union may designate Employees from the bargaining unit to act as
steward(s) and alternate(s) and shall inform the Employer in writing of such
choices and changes in the position(s) of steward and/or alternate.
6.3 The Employer shall make space available on the Employee bulletin board for
posting Union notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any and
all claims, suits, orders, or judgments brought or issued against the Employer as a
result of any action taken or not taken by the Employer under the provisions of
this Article.
Article 7. Employee Rights - Grievance Procedure
7.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation or
application of the specific terms and conditions of this Agreement.
7.2 Union Representatives
The Employer will recognize Representatives designated by the Union as the
grievance representatives of the bargaining unit having the duties and
responsibilities established by this Article. The Union shall notify the Employer in
writing of the names of such Union Representatives and of their successors when
so designated as provided by Section 6.2 of this Agreement.
7.3 Processing of Grievance
It is recognized and accepted by the Union and the Employer that the processing
of grievances as hereinafter provided is limited by the job duties and
responsibilities of the Employees and shall therefore be accomplished during
normal working hours only when consistent with such Employee duties and
responsibilities. The aggrieved Employee and a Union Representative shall be
allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the Employer during normal working hours
provided that the Employee and the Union Representative have notified and
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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 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
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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
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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.
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
th
Governors of State Colleges and Universities, 957 F.2d 424 (7 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 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.
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9.2 During the probationary period a newly hired or rehired Employee may be
discharged at the sole discretion of the Employer. During the probationary period
a promoted or reassigned Employee may be replaced in his/her previous position
at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of Employer
Seniority. Employees shall be recalled from layoff on the basis of Employer
Seniority. An Employee on layoff shall have an opportunity to return to work
within one (1) year of the time of his/her layoff before any new Employee is hired.
9.4 Senior Employees will be given preference with regard to transfer, job
classification and assignments when the job-relevant qualifications of Employees
are equal.
9.5 Employees shall be given shift assignments preference on the basis of Job
Classification Seniority.
9.6 One continuous scheduled annual leave period (not to exceed two weeks) shall
be selected on the basis of Job Classification Seniority until March 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:
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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 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.
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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 (1-
1/2) times the Employee’s base pay rate. The City may assign the Employee to
stand by pending the notification of their appearance being required. Unless
otherwise specified by the City or the prosecutor, this period of standby shall
commence 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 21.1 for each day on standby.
14.2 If the court appearance is scheduled during the Employee’s off time, and if the
court appearance is cancelled, the Employee will be notified by the end of the
business day (5:00 p.m.) preceding the court appearance. If notification of
cancellation is not made by the end of the business day (5:00 p.m.) preceding the
court appearance, the Employee will receive standby pay for three (3) hours at
their base rate of pay.
14.3 The business day notice applies to all court cases for which the Employee receives
notice resulting from their employment with the City.
14.4 Employees who are assigned to standby for a court appearance during their off-
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duty time, and who are then notified by the prosecuting attorney that they need
to appear and who do appear in court shall receive a minimum of three (3) hours
pay at one and one-half (1-1/2) times the Employee base rate of pay. Employees
will not be paid both standby pay and for three (3) hours at one and one-half
their base rate of pay.
14.5 Employees will be required to appear for the Court Trials/Traffic Court, for
Contested Omnibus Hearings, for Implied Consent Hearings, and for any other
court appearance where the City or the prosecuting attorney directs that standby
is not feasible.
Article 15. Call Back Time
15.1 An Employee who is called to duty during the Employee’s scheduled off-duty
time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2)
times the Employee’s base pay rate. An extension or early report to a regularly
scheduled shift for duty does not qualify the Employee for the three (3) hour
minimum.
15.2 An Employee who works extra-duty work (outside employment) during the
Employee's scheduled off-duty time shall receive a minimum of two (2) hours pay
at one and one-half (1-1/2) times the Employee's base pay rate.
Article 16. Insurance
16.1 For the calendar year 2020, for Employees who choose single coverage in the Base
Plan, the Employer will contribute up to $763.71 per month per employee toward
the single health insurance premium, and $1,244.19 per month toward the
employee-plus-one health insurance premium, and $1,763.92 per month toward
the dependent 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 of 2021, for those Employees who choose coverage in the
Base Plan, the Employer will contribute the same amount provided to non-union
employees. If the 2021 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 2020, for Employees who choose the high deductible health
plan and health reimbursement arrangement (HRA), the Employer will contribute
$579.23 per month toward the single health insurance premium, and $1,086.83
toward the employee-plus-one health insurance premium, and $1,624.06 toward
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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 of 2021, for those Employees who choose coverage in the
HRA Plan, the Employer will contribute the same amount provided to non-union
employees.
If the 2021 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 2020, 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
For the calendar year of 2021, 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 2021 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 2020, for Employees who choose the high deductible health
plan and healthcare savings account (HSA), the Employer will contribute $546.81
per month toward single health insurance premium, and $1,069.59 per month
toward the employee-plus-one health insurance premium, and 1,620.54 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 of 2021, 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.
If the 2021 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 2020-, 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-
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union employees, whichever is greater, in accordance with the Employer’s Flexible
Benefit Plan.
For the calendar years 2021, 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 employees, whichever is
greater, in accordance with the Employer’s Flexible Benefit Plan.
16.6 For the calendar years of 2020, 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 employees, whichever
is greater, in accordance with the Employer’s Flexible Benefit Plan.
For the calendar year of 2021, for those Employees who choose dental coverage,
the Employer will contribute the same amount provided to non-union employees.
If the 2021 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 2020, 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, 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 of 2021, the Employer will contribute the same amount for
group term life insurance provided to non-union employees.
If the 2021 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 2020 and 2021, in accordance with the Employer’s Flexible
Benefit Plan, Employees have the option during an open enrollment period or
during approved qualifying 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 (taxable) of $476.77, or the amount
equal to or greater than the amount provided to non-union employees.
For the calendar year 2021, for Employees who choose to waive the health and
dental programs and elect Benefit Leave Days or the monthly cash option, the
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Employer will contribute the same amount provided to non-union employees,
whichever is greater, in accordance with the Employer’s Flexible Benefit Plan.
If the 2021 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 standby
time at the rate of one hour’s pay for each hour on standby. Employees placed
on standby shall remain able to respond within a reasonable time. Such
reasonable time, if not otherwise specified at the time of assignment to standby,
shall be one (1) hour to the police department, or other location designated by
the City. Employees placed on standby shall remain available to be contacted by
the Employer by normal means to include phone or wireless communication
devices.
Article 18. Uniforms
18.1 The Employer shall provide required uniform and equipment items. Non-
uniformed Employees shall be reimbursed up to $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.
19.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees
required to maintain the license.
Article 20. Working Out of Class Pay
20.1 Employees assigned by the Employer to assume the full responsibilities and
authority of a higher job classification shall receive the salary schedule of the higher
classification for the duration of the assignment.
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Article 21. Wage Rates
21.1 The following hourly wage rates will apply for 2020 and 2021 (amounts may be
rounded to two decimal points):
2020 Hourly Rate 2021 Hourly Rate
Steps 3% COLA 3% COLA
Start $46.88 $48.28
1 Year $47.57 $48.99
2 Year $48.90 $50.37
3 Year $50.37 $51.88
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 10:30 p.m. and 6:30 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
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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
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.
In accordance with MN Statute 181.9413, an Employee may use the City’s annual
leave or other forms of approved leaves for emergency absences or for personal
sick leave purposes due to an illness of or injury or safety leave to attend to the
Employee’s child, adult child, spouse, sibling, parent, mother-in-law, father-in-law,
grandchild, grandparent, or stepparent, for reasonable periods of time as the
Employee’s attendance may be necessary, on the same terms upon which the
Employee is able to use annual leave benefits for the Employee’s own illness or
injury.
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.
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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.
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 forty (40) days (320
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 (RHSP) and shall contribute $75.00 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
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placed into the employee’s Retirement Health Savings Plan (RHSP). This would
not include any 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 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 Upon the effective date of the short-term disability plan, the Employer will
provide short-term disability insurance coverage for Employees who are ill or
injured off-the-job and who are determined to be disabled (under the insurer’s
definition of disability).
26.2 The Employer will pay the premium (taxable) for short-term disability coverage or
an amount equal to that which it contributes for non-union employees.
26.3 During the short-term disability period, the Employer will continue to contribute
toward the Employer’s portion of the standard benefit package (such as health,
dental, and life insurance, cash option, etc.) as long as the Employee is actively
employed or until the disabled Employee returns to work.
26.4 The short-term disability coverage will begin following the insurer’s definition of
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waiting period and shall not exceed 180 calendar days for any single illness or
injury, regardless of the number and spacing of episodes.
26.5 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.
26.6 Before any short-term disability payments are made or authorized, the Employer
or insurer 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.
Article 27 Long-Term Disability
27.1 Upon the effective date of the long-term disability plan, the Employer will provide
long-term disability insurance coverage for Employees who are ill or injured off-
the-job and who are determined to be disabled (under the insurer’s definition of
disability).
27.2 The Employer will pay the premium (taxable) for long-term disability coverage or
an amount equal to the contribution for non-union employees.
27.3 During the long-term disability period, the Employer will continue to contribute
toward the Employer’s portion of the standard benefit package (such as health,
dental, and life insurance, cash option, etc.) as long as the Employee is actively
employed or until the disabled Employee returns to work.
27.4 The long-term disability coverage will begin following the insurer’s definition of
waiting period (currently 180 calendars days) and shall continue until the
coverage terminates as determined under the terms of the insured product.
27.5 The annual leave balance of an Employee receiving long-term disability benefit
shall not be reduced nor shall such Employee accrue annual leave during that
period.
27.6 Before any long-term disability payments are made or authorized, the Employer
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or insurer 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 long-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.
Article 28 Injury On-Duty (IOD) Benefit
28.1 Employees injured during the performance of their duties for the Employer and
are thereby rendered unable to work for the Employer will be compensated for
the difference between the Employee’s regular take-home pay and any Workers’
Compensation insurance payments from the time of injury for a period not to
exceed ninety (90) working days per injury.
28.2 The annual leave balance of an Employee receiving the injury on duty benefit
shall not be reduced nor shall such Employee accrue annual leave during that
period.
28.3 While an Employee is receiving the IOD benefit, the Employer will continue to
make the Employer contributions toward insurance benefit package (e.g. health,
dental, life insurance contributions, etc.).
28.4 Before any injury on duty or workers’ compensation payments are made or
authorized by the Employer to an Employee, the Employer or insurer 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.
28.5 The Employer also reserves the right to have an examination made at any time of
any Employee claiming payment under the IOD 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.
28.6 If the injury is deemed not work related or not approved by the workers’
compensation insurer, the Employee must reimburse the Employer for lost time,
benefits, etc. through annual leave, other forms of leave and/or direct
reimbursement within a reasonable amount of time or upon terms agreed upon
by the Employer and Employee.
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Article 29 Paid Parental Leave
29.1 The Employer will provide up to four (4) weeks (based on an average 40-hour
work week) or 160 hours of paid parental leave or the amount provided to non-
union employees.
29.2 The leave will be allowed following the birth of an Employee’s child or the
placement of a child with an Employee in connection with adoption or foster care
and may be taken at any time during the three (3) month period immediately
following the birth, adoption or placement of a child with the Employee.
29.2 The compensation will occur at the Employee’s regular rate of pay and all other
terms and administration will follow the Employer’s Parental Leave policy.
Article 30. Bereavement Leave
30.1 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.
30.2 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 31. Jury Pay
31.1 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 32. Compensatory Time
32.1 Management reserves the right to approve compensatory time in lieu of overtime
pay. Compensatory time shall not be accumulated in excess of forty (40) hours
and must be used within the calendar year in which it was accumulated as
determined by the Employer.
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Article 33. Employee Education Program
33.1 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 and technical schools, Minnesota School
of Business, etc.
33.2 Programs Financial Policy
Financial assistance not to exceed the amount of three thousand six hundred
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.
33.3 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.
33.4 The program will not reimburse the Employee for the hours the Employee spends
in class, only for the tuition.
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33.5 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.
33.6 The City will not pay tuition or other costs for those courses, which are used to
make the Employee eligible for additional salary.
33.7 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.
33.8 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.
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
contact was negotiated or executed.
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Article 35. Duration
35.1 This Agreement shall be effective as of first day of January 2020 and shall remain
in full force and effect through the thirty-first day of December 2021. In witness
whereof, the parties hereto have executed this Agreement on this ______ day of
_______________,2020.
Article 36. Signatures
FOR CITY OF FRIDLEY
________________________________________________________________________________________
Scott J. Lund, Mayor (Date)
________________________________________________________________________________________
Walter T. Wysopal, City Manager (Date)
________________________________________________________________________________________
Deborah K. Dahl, Director, Employee Resources (Date)
________________________________________________________________________________________
Brian T. Weierke, Public Safety Director (Date)
________________________________________________________________________________________
Daniel Tienter, Director of Finance/City Clerk (Date)
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
________________________________________________________________________________________
Jim Mortenson, LELS Business Agent (Date)
________________________________________________________________________________________
Mike Keeley, Steward (Date)
________________________________________________________________________________________
Chris McClish, Steward (Date)
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