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RES 2010-92 - 14780RESOLUTION NO. 2010 - 92 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 2010 and 2011. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER 2010. AVOY SCOTT J. 17UND - MAYOR ATTEST: jk4V-1--1 DEBRA A. SKOGEN — ITY CLERK Resolution No. 2010 -92 Attachment A Page 2 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 2010 -2011 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) FIREFIGHTERS LOCAL NO 1986 CONTRACT FOR 2010 -2011 TABLE OF CONTENTS A T)'lrTf'T T Tl A f' T' 1. PURPOSE OF AGREEMENT ....................................... ............................... 4 2. RECOGNITION ............................................................ ..............................4 3. DEFINITIONS .............................................................. ..............................4 4. EMPLOYER SECURITY ............................................. ............................... 7 5. EMPLOYER AUTHORITY ......................................... ............................... 7 6. UNION SECURITY ..................................................... ............................... 7 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ... ............................... 7 8. SAVINGS CLAUSE ..................................................... ............................... 9 9. SENIORITY ..................................................................... .............................10 10. DISCIPLINE .................................................................. .............................10 11. WORK SCHEDULES .................................................. ............................... 11 12. ANNUAL LEAVE ....................................................... ............................... 11 13. SHORT -TERM DISABILITY ...................................... ............................... 13 14. OVERTIME ................................................................... .............................13 15. EMPLOYEE EDUCATION PROGRAMS ................... ............................... 13 16. HOLIDAYS ................................................................... .............................14 17. PROBATIONARY PERIODS ...................................... ............................... 15 18. BEREAVEMENT LEAVE ............................................. ............................... 15 19. JURY PAY ................................................................... ............................... 16 20. UNIFORM ALLOWANCE .......................................... ............................... 16 21. INSURANCE ................................................................. .............................16 22. RATES OF PAY .......................................................... ............................... 17 23. ADDITIONAL INCENTIVE PAY ............................... ............................... 18 24. WORKING OUT OF CLASSIFICATION ...................... ............................... 18 25. SEVERANCE PAY ...................................................... ............................... 18 26. WAIVER ...................................................................... ............................... 19 27 DURATION ................................................................... .............................19 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 3 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 ARTICLE 1. PURPOSE OF AGREEMENT 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 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 Employ A member of the exclusively recognized bargaining unit. 3.4 Department The City of Fridley Fire Department 3.5 Employ The City of Fridley. 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 4 3.6 Chief The Chief of the Fire Department for the City of Fridley. 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. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) and Agreement is entered into between the City of Fridley (hereinafter, "City ") and International Association of Firefighters Local No. 1986 (hereinafter, "Union "). This MOU represents the mutual understanding of the parties regarding the Employee Education Programs Financial Policy and the Annual Leave Sell -Back option. WHEREAS, the City and the Union are parties to a 2010 -2011 collective bargaining agreement, (hereinafter "CBA "); and, WHEREAS, Article 12.3 of the CBA states: "... 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... " and, WHEREAS, Article 15.2 of the CBA states: "Financial assistance 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... " and, NOW, THEREFORE, the parties agree as follows: Employees will not be able to sell back any annual leave in 2010 or 2011. This agreement will be in effect until Dec. 31, 2011. 2. Financial assistance will not exceed the amount of one - thousand four - hundred sixty - two dollars and fifty cents ($1,462.50) for the calendar year of 2010 and for 2011. After Dec., 31, 2011, this MOU will expire and sunset, the contract language will then be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding (MOU) and Agreement to be executed this day of FOR IAFF LOCAL #1986 FOR THE CITY OF FRIDLEY Kim Herrmann Date Scott J. Lund Date 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) Renee Hamdorf Date William W. Burns Date Deborah K. Dahl Date John D. Berg Date 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 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 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 6 3.21 Call Back An event where an Employee not working a regularly scheduled shift is called back to work. ARTICLE 4. EMPLOYER SECURITY 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. 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 7.3 Processing of a 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 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 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 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 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. 7.7 Choice of Remedy 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 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 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; 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 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. 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 10 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. 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). 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 11 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 (85'5 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 (18 Is') 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. ARTICLE 13. SHORT TERM DISABILITY 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 (2 Is') 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 (110''') working day of absence, whichever occurs first. Such an EMPLOYEE shall also be entitled to full pay commencing on the eleventh (11') 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 (100'5 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. 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 12 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 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 seventy - two (72) 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. 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 13 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. 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. 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 14 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. 16.3 For 2010, the eleven (11) designated holidays are: New Year's Day January 1 Martin Luther King Jr. Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day 4th Monday in May Independence Day July 4 Labor Day 1St Monday in September Veterans' Day November 11 Thanksgiving Day 4th Thursday in November The Day After Thanksgiving 4th Friday in November Christmas Day 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. The additional holiday in 2010 is designated as Dec. 31, 2010. 16.4 For 2011, the eleven (11) designated holidays are: Day Before Memorial Day May 29, 2011 Memorial Day May 30, 2011 Day Before Independence Day July 3, 2011 Independence Day July 4, 2011 Day Before Labor Day Sept. 4, 2011 Labor Day Sept. 5, 2011 Thanksgiving Day Nov. 24, 2011 Day After Thanksgiving Nov. 25, 2011 Christmas Eve Dec. 24, 2011 Christmas Day Dec. 25, 2011 New Year's Eve Dec. 31, 2011 16.5 By October 1St of each year, the EMPLOYER AND EMPLOYEES will agree on the schedule for the 11 designated holidays for the following year. 16.6 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 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 15 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. ARTICLE 19. JURY PAY 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 $500 for the 2010 calendar year and $500 for the 2011 calendar year. 20.2 Beginning in 2011, the EMPLOYER shall provide the uniform allowance by Jan. 31St for that calendar year. ARTICLE 21. INSURANCE 21.1 For the calendar year 2010, for Employees who choose single coverage in the Base Plan, the Employer will contribute up to $519.59 per month per employee toward the health insurance premium or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose single coverage in the Base Plan, the Employer will contribute up to $539.88 per month per employee toward the health insurance premium or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.2 For the calendar year 2010, for Employees who choose dependent coverage in the Base Plan, the Employer will contribute up to $1,103.33 per month per employee toward the health insurance premium, or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose dependent coverage in the Base Plan, the Employer will contribute up to $1,146.40 per month per employee toward the health insurance premium, or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.3 For the calendar year 2010, for Employees who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $411.15 per month toward the single health insurance premium and $1,003.33 toward dependent health insurance premium, or an equal amount to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $439.88 per month toward the single health insurance premium and $1,046.40 toward dependent health insurance premium, or an equal amount to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.4 For the calendar year 2010, for Employees who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $100 per 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 16 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 2011, for Employees who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $100 per month toward the VEBA Trust Account, or an equal amount to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.5 For the calendar year 2010, for Employees who choose the high deductible health plan and healthcare savings account (HSA), the Employer will contribute $419.59 per month toward single health insurance premium and $1,003.33 toward the dependent health insurance premium, or an equal amount to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose the high deductible health plan and healthcare savings account (HSA), the Employer will contribute $439.88 per month toward the single health insurance premium and $1,046.40 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. 21.6 For the calendar year 2010, for Employees who choose the high deductible health plan and healthcare savings account (H.S.A.), the Employer will contribute $100 per month toward the H.S.A. Account, or an equal amount to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose the high deductible health plan and healthcare savings account (H.S.A.), the Employer will contribute $100 per month toward the H.S.A., or an equal amount to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.7 For the calendar years of 2010 and 2011, for Employees who choose dental coverage, the Employer will contribute up to $22 per month toward the dental insurance premium, or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.8 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee (current cost is $4.25 per month), or an amount equal to that provided to non -union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.9 For 2010 and 2011, in accordance with the Employer's Flexible Benefit Plan, Employees have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $415.67, or the amount equal to or greater than the amount provided to non -union employees. Benefit Leave days are required to be used within in the calendar year and may not be carried into the following year. ARTICLE 22. RATES OF PAY 22.1 The following hourly wage rates will become effective Nov. 6, 2010 (Note: amounts may be rounded to two decimal points.) 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 17 Firefighter (Based on a 56 Hour Work Week) 22.1 Firefighter /Inspector (Based on a 40 -hour work week) 11/6/2010 1/1/2011 Hourly Rate 30.62 30.62 The hourly rate is equivalent to the 3 '/2 year rate multiplied by 2912 hours and divided by 2080 (standard 40 hour work week). 22.2 Captain (Based on a 56 -hour work week) 11/6/2010 1/1/2011 Hourly Rate 22.53 22.53 ARTICLE 23. ADDITIONAL INCENTIVE PAY 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 Hourly Rates After 10 years of service $48 11/6/2010 1/1/2011 First six months 17.98 17.98 After six months 18.88 18.88 After 1 '/2 years 19.82 19.82 After 2 '/2 years 20.80 20.80 After 3 '/2 years 21.87 21.87 22.1 Firefighter /Inspector (Based on a 40 -hour work week) 11/6/2010 1/1/2011 Hourly Rate 30.62 30.62 The hourly rate is equivalent to the 3 '/2 year rate multiplied by 2912 hours and divided by 2080 (standard 40 hour work week). 22.2 Captain (Based on a 56 -hour work week) 11/6/2010 1/1/2011 Hourly Rate 22.53 22.53 ARTICLE 23. ADDITIONAL INCENTIVE PAY 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. WORKING OUT OF CLASSIFICATION 24.1 Employees assigned by the Employer to assume the full responsibilities and authority of a higher classification for more than one (1), three (3) -week work schedule shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 25. SEVERANCE PAY 25.1 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' /2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 18 ARTICLE 26. WAIVER 26.1 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. ARTICLE 27. DURATION The AGREEMENT shall be effective as of the first day of January, 2010 and shall remain in full force and effect through the thirty -first day of December,, 2011. In witness whereof, the parties hereto have executed this AGREEMENT on this day on (date). I/We hereby recommend to the City Council approval of this agreement. SIGNATURES FOR THE CITY OF FRIDLEY: MAYOR —SCOTT J. LUND DATE CITY MANAGER - WILLIAM W. BURNS DATE HUMAN_RESOURCES DIRECTOR, DEBORAH_K DAHL DATE FIRE CHIEF, JOHN BERG ........ ........ ........ DATE FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986: KIM M. HERRMANN, UNION PRESIDENT DATE RENEE HAMDORF, UNION SECRETARY DATE 2010 & 2011 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 12/15/2010) 19