RES 2008-09 - 14497RESOLUTION NO. 2008 -09
RESOLUTION AUTHORIZING SIGNING AN EMPLOYMENT AGREEMENT
BETWEEN CERTAIN EMPLOYEES REPRESENTED BY LOCAL NO. 1986
WHEREAS, Firefighters Local No. 1986, as bargaining representative of the Firefighters of the
City of Fridley, has presented the City of Fridley various requests relating to their employment
contract with the City of Fridley; and
WHEREAS, the City of Fridley has presented various requests to the Union and to the
employees relating to the Firefighters' employment contract with the City of Fridley; and
WHEREAS, representatives of the Union and the City have met and negotiated regarding the
requests of the Union and the City; and
WHEREAS, agreement has now been reached between the representatives of the two parties on
the proposed changes in the existing contract between the City and the Union;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said
Agreement and that the Mayor and the City Manager are hereby authorized to execute the
attached Agreement (Exhibit A) relating to the wages and working conditions of Firefighters
Local No. 1986 of the City of Fridley for the contract years of 2007 -2009.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7th
DAY OF JANUARY, 2008.
SCOTT T LUND - MAYOR
ATTEST:
jk4yne
DEBRA A. SKOGE CITY CLERK
Resolution No. 2008 -09
LABOR AGREEMENT
BETWEEN THE
CITY OF FRIDLEY
AND THE
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL NO. 1986
2007 -2009
Page 2
Resolution No. 2008 -09 Page 3
FIREFIGHTERS LOCAL NO 1986 CONTRACT FOR 2007 -2009
TABLE OF CONTENTS
ARTICLE
PAGE
1.
PURPOSE OF AGREEMENT ............................... ..............................4
2.
RECOGNITION ................................................... ..............................4
3.
DEFINITIONS ..................................................... ..............................5
4.
EMPLOYER SECURITY ..................................... ..............................7
5.
EMPLOYER AUTHORITY ................................ ...............................
7
6.
UNION SECURITY ............................................. ..............................7
7.
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ........................
8
8.
SAVINGS CLAUSE ............................................. .............................11
9.
SENIORITY ............................................................ .............................11
10.
DISCIPLINE ......................................................... .............................12
11.
WORK SCHEDULES ........................................... .............................12
12.
ANNUAL LEAVE ................................................ .............................13
13.
SHORT -TERM DISABILITY ............................... .............................14
14.
OVERTIME .......................................................... .............................15
15.
EMPLOYEE EDUCATION PROGRAMS ............ .............................16
16.
HOLIDAYS .......................................................... .............................17
17.
PROBATIONARY PERIODS ............................... .............................18
18.
BEREAVEMENT LEAVE ...................................... .............................18
19.
JURY PAY ............................................................ .............................19
20.
UNIFORM ALLOWANCE ................................... .............................19
21.
INSURANCE ........................................................ .............................19
Resolution No. 2008 -09 Page 4
22. RATES OF PAY ................................................... .............................20
23. ADDITIONAL INCENTIVE PAY ........................ .............................21
24. SEVERANCE PAY ............................................... .............................21
25. WAIVER ............................................................... .............................21
26 DURATION .......................................................... .............................22
Resolution No. 2008 -09
LABOR AGREEMENT
BETWEEN
CITY OF FRIDLEY
AND
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL NO. 1986
ARTICLE 1. PURPOSE OF AGREEMENT
Page 5
This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the
EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO.
1986, hereinafter called the UNION.
It is the intent and purpose of the 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; and
1.3 Establish hours, wages, and other conditions of employment.
ARTICLE 2. RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under
Minnesota Statutes, Section 179A.03, Subdivision 8, for all personnel in the following
job classifications:
Firefighter
Firefighter /Inspector
Captain
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
Resolution No. 2008 -09
The International Association of Firefighters Local No. 1986.
3.2 Union Member
A member of the International Association of Firefighters Local No. 1986.
3.3 Employee
A member of the exclusively recognized bargaining unit.
3.4 Department
The City of Fridley Fire Department
3.5 Employer
The City of Fridley.
3.6 Chief
The Chief of the Fire Department for the City of Fridley.
Page 6
3.7 Union Officer
Officer elected or appointed by the International Association of Firefighters Local No.
1986.
3.8 Overtime
Work performed at the express authorization of the EMPLOYER in excess of the number
of hours in a work period specified by the Federal Fair Labor Standards Act.
3.9 Scheduled Shift
A consecutive work period including two rest breaks and one or more meal breaks.
3.10 Rest Breaks
Two twenty (20) minute periods during the SCHEDULED SHIFT during which the
employee remains on continual duty and is responsible for assigned duties.
3.11 Meal Break
A one (1) hour period during the SCHEDULED SHIFT during which the employee
remains on continual duty and is responsible for assigned duties.
3.12 Strike
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Page 7
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 of obligations of employment.
3.13 Base Rate of Pay
The Employee's hourly rate of pay exclusive of longevity or any other special allowance.
3.14 Compensatory Time
Time off during the employee's regularly scheduled work scheduled equal in time to 1.5
times overtime worked.
3.15 Severance Pay
Payment made to an employee upon honorable separation of employment.
3.16 Salary
A fixed payment at regular intervals for services as set forth and agreed to in this
contract.
3.17 Compensation
Salary reduced by those amounts as required by law and /or authorized by the
employee.
3.18 Agreement
Labor agreement between the City of Fridley and International Association of
Firefighters Local No. 1986
3.19 Assistant Chief
The Assistant Chief of the Fire Department for the City of Fridley.
3.20 City Manager
The City Manager for the City of Fridley
3.21 Call Back
An event where an Employee not working a regularly scheduled shift is called back to
work.
Resolution No. 2008 -09
ARTICLE 4. EMPLOYER SECURITY
Page 8
4.1 The UNION agrees that during the life of this AGREEMENT it will not cause,
encourage, participate in or support any strike, slow -down or other interruption
of or interferences 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 a steward and
an alternate and shall inform the EMPLOYER in writing of such choice and changes in
the position of steward and /or alternate.
6.3 The EMPLOYER shall make space available on the EMPLOYEE bulletin board for
posting UNION notice(s) and announcement(s).
6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result
of any action taken or not taken by the EMPLOYER under the provisions of this Article.
ARTICLE 7. EMPLOYEE RIGHTS- GRIEVANCE PROCEDURE
7.1 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 the AGREEMENT.
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7.3 Processing of a Grievance
Page 9
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
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 ASSISTANT CHIEF or other EMPLOYER
designated representative. The ASSISTANT CHIEF or other 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
ASSISTANT CHIEF or other EMPLOYER- designated representative's final answer in
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 CHIEF or other EMPLOYER- designated Step 2 representative. The CHIEF or other
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 CHIEF or other 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 3.
If appealed, the written grievance shall be presented by the UNION and discussed with
the CITY MANAGER or other EMPLOYER- designated Step 3 representative. The
CITY MANAGER or other EMPLOYER- designated Step 3 representative shall give the
UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt
of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4
Resolution No. 2008 -09 Page 10
within ten (10) calendar days following the CITY MANAGER or other EMPLOYER -
designated representative's final answer in Step 3. Any grievance not appealed in writing
to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4.
A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be
submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act of 1971. The selection of an arbitrator shall be made in accordance with
the "Rules Governing and 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, and to, or subtract
from the terms and conditions of the 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 the 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 born equally
by the EMPLOYER and the UNION provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for
the record. If both parties desire a verbatim record of the proceedings the cost shall be
shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be
considered "waived." If a grievance is not appealed to the next step within the specified
time limit or any agreed extension thereof, it shall be considered settled on the basis of
the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an
appeal thereof within the specified time limits, the UNION may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step.
The time limit in each step may be extended by mutual written agreement of the
EMPLOYER and the UNION in each step.
Resolution No. 2008 -09
7.7 Choice of Remed
Page 11
If, as a result of the written EMPLOYER response in Step 3, 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 4 of Article VII or a procedure such as: Civil Service, Veteran's
Preference, or Fair Employment. If appealed to any procedure other than Step 4 of
Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4
of Article VII. The aggrieved EMPLOYEE shall indicate in writing which procedure is
to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a
statement to the effect that the choice of any other hearing precludes the aggrieved
EMPLOYEE from making a subsequent appeal through Step 4 of Article VII.
ARTICLE 8. SAVINGS CLAUSE
8.1 The 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 the AGREEMENT shall continue in full force and effect. The voided
provision may be renegotiated at the written request of either party.
ARTICLE 9. SENORITY
9.1 Seniority shall be determined by the EMPLOYEE'S length of continuous employment
with the Fire Department and posted in an appropriate location. Seniority rosters may be
maintained by the FIRE CHIEF on the basis of time in grade and time within specific
classifications.
9.2 During the probationary period, a newly hired or rehired EMPLOYEE may be discharged
at the sole discretion of the EMPLOYER. During the probationary period a promoted or
reassigned EMPLOYEE may be replaced in the EMPLOYEE'S previous position at the
sole discretion of the EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis of seniority. EMPLOYEES
shall be recalled from layoff on the basis of seniority. An EMPLOYEE on layoff shall
have an opportunity to return to work within two years of the time of that layoff before
any new EMPLOYEE is hired.
9.4 One continuous scheduled annual leave period (not to exceed two weeks) shall be
selected on the basis of seniority until March 1 st of each calendar year. After March 1 st,
scheduled annual leave shall be on a first -come, first - served basis.
9.5 EMPLOYEES will be given preference with regard to transfer, job classification and
assignments when the job — relevant qualifications of EMPLOYEES' are equal based on
seniority.
9.6 Employees shall lose their seniority for the following reasons:
a. Discharge, if not reversed;
Resolution No. 2008 -09
b. Resignation;
Page 12
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 and disciplinary action
may 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 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.
ARTICLE 11. WORK SCHEDULES
11.1 The normal work schedule for EMPLOYEES recognized as Firefighter and Captain in
Article 2 shall consist of a fifty -six (56) -hour work week and includes hours worked on
assigned shifts, holidays, and authorized leave time.
11.2 The normal work schedule for EMPLOYEES recognized as Firefighter /Inspector in
Article 2 shall consist of a forty (40) hour work week and includes hours worked on
assigned shifts, holidays and authorized leave time.
11.3 The CHIEF or EMPLOYER- designated representative is responsible for scheduling and
assigning the weekly work schedule.
11.4 The authority to schedule rests with the EMPLOYER.
11.5 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.
Resolution No. 2008 -09 Page 13
11.6 It is recognized by the parties that service to the public may require the establishment of
regular shifts for some EMPLOYEES on a daily, weekly, seasonal, or annual basis, other
than the regularly scheduled hours. The EMPLOYER will give advance notice to the
EMPLOYEES affected by the establishment of workdays different than the normal
EMPLOYEE'S workday.
11.7 It is also recognized by the parties that service to the public may require the
establishment of regular workweeks that schedule work on Saturdays and /or Sundays.
EMPLOYEES who are regularly scheduled to be on duty Saturday and /or Sunday will be
granted two consecutive days off in lieu of Saturday and /or Sunday.
11.8 An EMPLOYEE temporarily assigned from a 56 -hour work week to a forty (40) hour
work week schedule (for the duration of up to one (1) three (3) -week shift cycle) shall be
paid at the same bi- weekly rate and shall accrue annual leave at the same bi- weekly rate,
just as if they were working a 56 -hour work week.
ARTICLE 12. ANNUAL LEAVE
12.1 Each EMPLOYEE shall be entitled to annual leave away from employment with pay.
Annual leave pay shall be computed at the regular rate of pay to which such an employee
is entitled.
Each EMPLOYEE who works a normal 56 -hour work week schedule shall accumulate
and use annual leave based on eleven and two - tenths (11.2) hour days.
12.2 Beginning 1/1/2008, each EMPLOYEE who works a normal 40 -hour work week
schedule shall accumulate and use annual leave based on an eight (8) hour day.
12.3 A beginning EMPLOYEE shall accrue annual leave at the rate of eighteen (18) days per
year for the first seven (7) years (84 successive months).
An EMPLOYEE who has worked seven (7) years (84 successive months) shall accrue
annual leave at the rate of twenty -four (24) days per year, beginning with the eighty -fifth
(85th) month of successive employment. An EMPLOYEE who has worked fifteen (15)
years (180 consecutive months) shall accrue annual leave at the rate of twenty -six (26)
days per year, beginning with the one hundred eighty -first (180) month of consecutive
employment.
12.3 The maximum total accumulation of annual leave at the end of any given year
shall be thirty (30) -days.
Once a year, at a time designated by the EMPLOYER, an EMPLOYEE who has
completed five (5) years of service with the City of Fridley will have the opportunity to
exchange up to five (5) days of accumulated annual leave for cash in the EMPLOYER'S
Annual Leave Sell -back option.
12.4 Upon separation from employment with the City of Fridley, an EMPLOYEE will be paid
one (1) day's salary for each day of accrued annual leave remaining in the
EMPLOYEE'S balance.
Resolution No. 2008 -09
ARTICLE 13. SHORT TERM DISABILITY
Page 14
13.1 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 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 and tenth
(110th) working day 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 due to a physician - certified illness or injury on the job
and continuing until the EMPLOYEE returns to work able to carry out the duties and
responsibilities of the EMPLOYEE'S position or through the one hundredth (100th)
working day of absence, whichever occurs first. The amount of any compensation for the
short-term disability benefit shall be reduced by any payment received by the disabled
EMPLOYEE from workers' compensation insurance, Public Employees Retirement
Association disability insurance, or Social Security disability insurance. Payment of
short-term disability benefit by the City to an employee shall not exceed ninety (90)
working days for any single illness or injury, regardless of the number of spacing of
episodes. The annual leave balance of any EMPLOYEE receiving short-term disability
benefit shall not be reduced, nor shall such EMPLOYEE accrue annual leave during that
period.
13.2 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 in order
to verify the illness or injury claimed.
13.3 If an EMPLOYEE'S off -duty illness or injury exceeds one hundred (100) working days,
the EMPLOYEE may draw from the EMPLOYEE'S remaining annual leave in addition
to those benefits to which the EMPLOYEE receives in accordance with the workers'
compensation provisions.
13.4 If an EMPLOYEE'S on duty related illness or injury exceeds one hundred (100) working
days, the EMPLOYEE may draw from the EMPLOYEE'S remaining annual leave in
addition to those benefits to which the EMPLOYEE receives in accordance with the
workers' compensation provisions.
13.5 When an EMPLOYEE exceeds the one hundred ten (110) working days (off duty)
disability or one hundred (100) working days (on duty) disability and commences to draw
on annual leave, the EMPLOYEE shall again accrue benefits in accordance with accepted
EMPLOYER policy.
ARTICLE 14. OVERTIME
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Page 15
14.1 EMPLOYEES will receive compensation at the OVERTIME rate of one and one -half (1
'/2) times their normal rate for all OVERTIME as prescribed by the Fair Labor Standards
Act.
Shift trades by EMPLOYEES do not qualify an EMPLOYEE for OVERTIME under this
Article.
14.2 In the event an employee not working a regularly scheduled shift is called back to work,
the employee shall be paid a minimum of one (1) hour at the overtime rate. And time
worked in excess of one (1) hour will be calculated in fifteen (15) minute increments. To
calculate the time worked on call back, time shall be considered to have started at the
time of the alarm or call. In the event there is a delayed response to work by the
employee of fifteen (15) or more minutes, time shall be considered to have started when
the employee arrives at work.
14.3 The EMPLOYER agrees to offer COMPENSATORY TIME off in lieu of OVERTIME
as defined in Article 14.1 and in compliance with Fair Labor Standards Act
Requirements. COMPENSATORY TIME shall not be accumulated in excess of forty -
eight (48) hours, and must be used within the calendar year in which it was accumulated
as determined by the EMPLOYER.
14.4 Overtime will be distributed as equally as practicable.
14.5 Overtime refused by EMPLOYEES will for record purposes under Article 14.4 be
considered as unpaid overtime worked.
14.6 For the purpose of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded or paid twice for the same hours worked.
14.7 EMPLOYEES have an obligation to work overtime if requested, by the EMPLOYER
unless circumstances prevent the EMPLOYEE from doing so.
ARTICLE 15. EMPLOYEE EDUCATION PROGRAMS
15.1 The City will pay certain expenses for certain education courses based on the following
criteria.
The training course must have relevance to the Employee's present or anticipated career
responsibilities. Attendance shall be at a City- approved institution. The course must be
pre- approved by the Department Manager.
Financial assistance will be extended only to courses offered by an accredited institution.
This includes vocational schools, Minnesota School of Business, etc.
15.2 Employee Education Programs Financial Policy
Financial assistance not to exceed the amount of two thousand nine hundred twenty -five
dollars ($2,925.00) per EMPLOYEE per year will be extended to cover the cost of
tuition, required books or educational materials, and required fees related to the course.
Resolution No. 2008 -09
Page 16
Charges for student union membership, student health coverage and other charges for
which the student receives some item or services other than actual instruction will not be
paid. The City will pay fifty percent (50 %) of the cost of tuition in advance of the
EMPLOYEE'S actual participation in the course upon receipt of written evidence that the
EMPLOYEE has paid the entire tuition for the course. Upon successful completion of
the course an EMPLOYEE will be required to present to his /her Department Manager 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 institution that the student
satisfactorily participated in the activities of the courses is required.
15.3 If the employee satisfactorily completes the course, the employee will be reimbursed for
the additional fifty percent (50 %) of the tuition cost incurred as well as for the cost of any
course required books, educational materials, or fees. If the EMPLOYEE fails to
satisfactorily complete the course, the City will not reimburse the EMPLOYEE for these
costs.
15.4 The program will not reimburse the employee for hours spent in class, only for the
tuition.
15.5 Expenses for which the employee is compensated under some other educational or
assistance program, such as the GI bill, will not be covered.
15.6 The City will not pay tuition or other costs for those, courses which are used to make the
employee eligible for additional salary.
ARTICLE 16. HOLIDAYS
16.1 EMPLOYEE'S assigned to a fifty -six (56) hour workweek shall accrue eleven and two -
tenths (11.2) hours at their regular rate of pay for each of the eleven holidays in a
calendar year as designated in Article 16.3.
Beginning 1/1/2008, EMPLOYEES assigned to a forty (40) hour work week shall be paid
eight (8) hours at their regular rate of pay for each of the holidays designated by City
Council for the calendar year.
16.2. Annual leave hours taken during a pay period shall be reduced by the number
of holidays hours earned during that same pay period, unless the EMPLOYEE
requests otherwise in advance in writing to the payroll division of the Finance
Department.
Resolution No. 2008 -09
16.3 The eleven (11) designated holidays are:
New Year's Day
Martin Luther King Jr. Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
4th Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
4thFriday in November
December 25
One additional holiday, which may vary from year to year, to be designated by the
EMPLOYER prior to the beginning of the calendar year.
Page 17
16.4 EMPLOYEES required to work on any of the designated holidays shall be paid
at the OVERTIME rate (one and one -half times base rate) for all hours worked
on the designated holiday between the hours of midnight and midnight. For
any OVERTIME hours worked on a holiday EMPLOYEES shall be paid two (2)
times their base rate of pay.
ARTICLE 17. PROBATIONARY PERIODS
17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period.
ARTICLE 18. BEREAVEMENT LEAVE
18.1 Bereavement leave will be granted to full -time EMPLOYEES up to a maximum of forty -
eight (48) scheduled hours over a consecutive three (3) day period. 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, parent's
in -laws, brother's in -law, and sister's in -law.
18.2 The EMPLOYER will allow 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.
Resolution No. 2008 -09
ARTICLE 19. JURY PAY
Page 18
19.1 It shall be understood and agreed that the City 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 20. UNIFORM ALLOWANCE
20.1 The EMPLOYER shall provide a uniform clothing allowance for Firefighters in the
amount of $450 for 2007, 2008 and 2009 contract years.
ARTICLE 21. INSURANCE
21.1 For the calendar year 2007, for Employees who choose single coverage of the base plan,
the Employer will contribute up to $439.38 per month per employee toward health or an
amount equal to that provided to non -union employees, whichever is greater, in
accordance with the Employer's Flexible Benefit Plan.
21.2 For the calendar year 2007, for Employees who choose dependent coverage for the base
plan, the Employer will contribute up to $993.89 per month per employee toward health,
or an amount equal to that provided to non -union employees, whichever is greater, in
accordance with the Employer's Flexible Benefit Plan.
21.3 For the calendar year 2007, for Employees who choose dental coverage, the Employer
will contribute up to $20.00 per month toward dental, or an amount equal to that provided
to non -union employees, whichever is greater, in accordance with the Employer's
Flexible Benefit Plan.
21.4 The Employer will provide group term life insurance with a maximum of $25,000 per
Employee and additional accidental death and disability insurance with a maximum of
$25,000 per Employee (current cost is $4.25 per month), or an amount equal to that
provided to non -union employees, whichever is greater, in accordance with the
Employer's Flexible Benefit Plan.
21.5 In accordance with the Employer's Flexible Benefit Plan, Employees have the option
during an open enrollment period or during approved qualified events to decline health or
dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of
electing health and dental benefits, Employees may elect the option of having ten (10)
additional Benefit Leave Days or a monthly cash benefit of $377.00 or the amount equal
to or greater than the amount provided to non -union employees. Benefit Leave days are
required to be used within in the calendar year and may not be carried into the following
year.
21.6 Effective January 1, 2008 and 2009, EMPLOYEES will receive benefits equal to those
provided to non -union employees.
ARTICLE 22. RATES OF PAY
Resolution No. 2008 -09 Page 19
22.1 The hourly wage rates will become effective January 1, 2007 (Note: amounts may be
rounded to two decimal points.)
Firelighter (Based on a 56 Hour Work Week)
22.1 The EMPLOYER shall pay the EMPLOYEE one lump -sum payment in lieu of a cost of
living adjustment to the hourly wage rate for 2007. The payment shall amount to three (3)
percent of the EMPLOYEE'S base rate as of Dec. 31, 2007 for the each of the hours in a
normal work schedule for 2007 (which amounts to 2912 hours and does not include the
overtime rate). The payment shall occur within 30 days following the execution of this
contract.
22.2 Firefighter /Inspector (Based on a 40 -hour work week)
2008 2009
Hourly Rate 29.34 30.23
The hourly rate is equivalent to the 3 '/z year rate multiplied by 2912 hours and divided by
2080 (standard 40 hour work week).
22.3 Captain (Based on a 56 -hour work week)
2008 2009
Hourly Rate 21.59 22.24
Hourly Rates
2007
2008
2009
First six months
16.73
17.23
17.75
After six months
17.57
18.10
18.64
After 1 '/z years
18.44
18.99
19.56
After 2 '/z years
19.35
19.93
20.53
After 3 '/z years
20.35
20.96
21.59
22.1 The EMPLOYER shall pay the EMPLOYEE one lump -sum payment in lieu of a cost of
living adjustment to the hourly wage rate for 2007. The payment shall amount to three (3)
percent of the EMPLOYEE'S base rate as of Dec. 31, 2007 for the each of the hours in a
normal work schedule for 2007 (which amounts to 2912 hours and does not include the
overtime rate). The payment shall occur within 30 days following the execution of this
contract.
22.2 Firefighter /Inspector (Based on a 40 -hour work week)
2008 2009
Hourly Rate 29.34 30.23
The hourly rate is equivalent to the 3 '/z year rate multiplied by 2912 hours and divided by
2080 (standard 40 hour work week).
22.3 Captain (Based on a 56 -hour work week)
2008 2009
Hourly Rate 21.59 22.24
Resolution No. 2008 -09
ARTICLE 23. ADDITIONAL INCENTIVE PAY
Page 20
23.1 Incentive pay will be paid over and above the standard base rate or going rate of
EMPLOYEES hired prior to January 1, 1974 according to the following schedule,
provided employees have demonstrated progress towards improving their proficiency for
their particular job title or job assignment.
After 5 years of service
$24
After 10 years of service
$48
After 15 years of service
$72
ARTICLE 24. SEVERANCE PAY
24.1 For all employees hired prior to January 1, 1978, the severance pay policy shall be as
follows:
Any EMPLOYEE with forty -eight (48) or more consecutive months of employment will
receive severance pay in cash based on one and one -half (1' /z) days for each twelve (12)
consecutive months worked, but not to exceed thirty (30) days of the same.
ARTICLE 25. WAIVER
25.1 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 the AGREEMENT, are hereby superseded.
25.2 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 the AGREEMENT. The
EMPLOYER 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 in this AGREEMENT, even though such terms or
conditions may not have been within the knowledge or contemplation of either or both of
the parties at the time this contract was negotiated or executed.
Resolution No. 2008 -09
ARTICLE 26. DURATION
Page 21
The AGREEMENT shall be effective as of January 1, 2007 and shall remain in full force and
effect through the thirty -first day of December 2009. In witness whereof, the parties hereto have
executed this AGREEMENT on this day on
(date).
SIGNATURES FOR THE CITY OF FRIDLEY:
MAYOR — SCOTT J. LUND DATE
FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986:
KIM M. HERRMANN, UNION PRESIDENT DATE
RENEE HAMDORF, UNION SECRETARY DATE
I/We hereby recommend to the City Council approval of this agreement.
HUMAN RESOURCES DIRECTOR, DEBORAH K. DAHL DATE
FIRE CHIEF, JOHN BERG DATE