Res 1998-102 Resolution No. 102- 1998
A RESOLUTION AUTHORIZING THE SIGNING OF AN
EMPLOYMENT AGREEMENT BETWEEN POLICE OFFICERS AND
THE CITY OF FRIDLEY.
WHEREAS, Law Enforcement Labor Services, Inc . , as bargaining
representative of the Police Officers 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 Police
Officer' s 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 Police Officers of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS 7TH DAY OF DECEMBER, 1998 .
i anc/ Ao. •ensen - Mayor
Attest :
1
OL(c,(//,JA/ /
Debra A. Skogen - C ty Clerk
00, 20-4
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119
1999 and 2000
C ,"21
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119
1999 and 2000
TABLE OF CONTENTS
ARTICLE PAGE
1. Purpose of Agreement 1
2. Recognition 1
3. Definitions 1
4. Employer Security 3
5. Employer Authority 3
6. Union Security 3
7. Employee Rights- Grievance Procedure 4
8. Savings Clause 7
9. Seniority 7
10. Discipline 8
11. Constitutional Protection 8
12. Work Schedules 8
13. Overtime 9
14. Court Time 9
15. Callback Time 10
16. Working out of Classification 10
17. Insurance 10
18. Standby Pay 11
19. Uniforms 11
20. P.O.S.T. Training 11
21. Longevity and Educational Incentive 11
22. Wage Rates 12
23. Legal Defense 13
24. Probationary Periods 14
25. Annual Leave 14
26. Holidays 15
27. Short Term Disability 15
28. Funeral Pay 16
29. Jury Pay 16
30. Compensatory Time 16
31. Employee Education Program 17
32. Pay for Investigators or School Resource Officer 18
33. BMS Case No. 85-PN-486-A, Issue 8 18
34. Waiver 18
35. Duration 19
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LABOR AGREEMENT
BETWEEN
CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
Article 1. Purpose of Agreement
This Agreement is entered into between the City of Fridley, hereinafter called the
Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement's
interpretation and/or application; and
1.2 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
Article 2. Recognition
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in the
following job classifications:
1. Police Officer
2. Police Corporal
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion of a new or modified job class, the issue shall be submitted to the
Bureau of Mediation Services for determination.
Article 3. Definitions
3.1 Union
Law Enforcement Labor Services, Inc.
3.2 Union Member
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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.
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3.11 Rest Breaks
Periods during the scheduled shift during which the Employee remains on
continual duty and is responsible for assigned duties.
3.12 Lunch Break
A period during the scheduled shift during which the Employee remains on
continual duty and is responsible for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one's
position, the stoppage of work, slow-down, or abstinence in whole or in part from
the full, faithful and proper performance of the duties of employment for the
purposes of inducing, influencing or coercing a change in the conditions or
compensation or the rights, privileges or obligations of employment.
Article 4. Employer Security
The Union agrees that during the life of this Agreement that the Union will not cause,
encourage, participate in or support any strike, slow-down or other interruption of or
interference with the normal functions of the Employer.
Article 5. Employer Authority
5.1 The Employer retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct, and determine the number of
personnel; to establish work schedules, and to perform any inherent managerial
function not specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by
this Agreement shall remain solely within the discretion of the Employer to modify,
establish, or eliminate.
Article 6. Union Security
6.1 The Employer shall deduct from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly Union dues. Such
monies shall be remitted as directed by the Union.
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
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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 this Agreement.
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
Grievances, as defined by Section 7.1, shall be resolved in conformance with the
following procedure:
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Step 1.
An Employee claiming a violation concerning the interpretation or application of
this Agreement shall, within twenty-one (21) calendar days after such alleged
violation has occurred, present such grievance to the Employee's supervisor as
designated by the Employer. The Employer-designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in
writing setting forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the Agreement allegedly violated, the remedy requested,
and shall be appealed to Step 2 within ten (10) calendar days after the Employer-
designated representative's final answer 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 Employer-designated Step 2 representative. The Employer-designated
representative shall give the Union the Employer's answer in writing within ten
(10) calendar days after receipt of such Step 2 grievance. A grievance not resolved
in Step 2 may be appealed to Step 3 within ten (10) calendar days following the
Employer _designated representative's final answer in Step 2. Any grievance not
appealed in writing to Step 3 by the Union within ten (10) calendar days shall be
considered waived.
Step 2a.
If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by
mutual agreement, may submit the matter to mediation with the Bureau of
Mediation Services. Submitting the grievance to mediation preserves timeliness for
Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3
by the Union within ten (10) calendar days of mediation shall be considered
waived.
Step 3.
A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union
shall be submitted to arbitration subject to the provisions of the Public Employment
Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be
made in accordance with the "Rules Governing the Arbitration of Grievances" as
established by the Bureau of Mediation Services.
7.5 Arbitrator's Authority
a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to,
or subtract from the terms and conditions of this Agreement. The arbitrator
shall consider and decide only the specific issue(s) submitted in writing by
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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
borne equally by the Employer and the Union provided that each party shall
be responsible for compensating its own representatives and witnesses. If
either party desires a verbatim record of the proceedings, it may cause such a
record to be made, providing it pays for the record. If both parties desire a
verbatim record of the proceedings the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be
considered "waived." If a grievance is not appealed to the next step within the
specified time limit or any agreed extension thereof, it shall be considered settled
on the basis of the Employer's last answer. If the Employer does not answer a
grievance or an appeal thereof within the specified time limits, the Union may elect
to treat the grievance as denied at that step and immediately appeal the grievance to
the next step. The time limit in each step may be extended by mutual written
agreement of the Employer and the Union in each step.
7.7 Choice of Remedy
If, as a result of the written Employer response in Step 2 or 2a, the grievance
remains unresolved, and if the grievance involves the discipline of an Employee
who has completed the required probationary period, the grievance may be
appealed either to Step 3 of Article 7 or to the Civil Service Commission. If
appealed to the Civil Service Commission the grievance is not subject to the
arbitration procedure as provided in Step 3 of Article 7. The aggrieved Employee
shall indicate in writing which procedure is to be utilized- Step 3 of Article 7 or the
appeal procedure in the Fridley Police Department Civil Service Rules and
Regulations - and shall sign a statement to the effect that the choice precludes the
aggrieved Employee from making a subsequent appeal through Step 3 of Article 7.
Except that with respect to statues under the jurisdiction of the United States Equal
Employment Opportunity commission, an employee pursuing a statutory remedy is
not precluded from also pursuing an appeal under this grievance procedure.
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Article S. Savings Clause
This Agreement is subject to the laws of the United States, the State of Minnesota
and the City of Fridley. In the event any provision of this Agreement shall be held
to be contrary to law by a court of competent jurisdiction from whose final
judgment or decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions of this Agreement shall continue in
full force and effect. The voided provision may be renegotiated at the written
request of either party.
Article 9. Seniority
9.1 Seniority shall be determined by the employee's length of continuous employment
with the Police Department and posted in an appropriate location. Seniority rosters
may be maintained by the Chief on the basis of time in grade and time within
specific classifications.
9.2 During the probationary period, a newly hired or rehired employee may be
discharged at the sole discretion of the Employer. During the probationary period a
promoted or reassigned employee may be replaced in his 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
his layoff before any new employee is hired.
9.4 Senior employees will be given preference with regard to transfer, job
classification assignments and promotions when the job-relevant qualifications of
employees are equal.
9.5 Senior qualified employees shall be given shift assignments preference after
eighteen (18)months of continuous full-time employment.
9.6 One continuous scheduled annual leave period shall be selected on the basis of
seniority until March 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 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
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the employee from returning to work will not cause loss of seniority;
d. Retirement.
Article 10. Discipline
10.1 The Employer will discipline employees for just cause only. Discipline will be in
one or more of the following forms:
a. oral reprimand;
b. written reprimand;
c. suspension;
d. demotion; or
e. discharge.
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are to
become part of an employee's personnel file shall be read and acknowledged by
signature of the employee. Employees and the Union will receive a copy of such
reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the Employer.
10.5 Discharges will be preceded by suspension without pay for forty (40) regularly
scheduled working hours unless otherwise required by law.
10.6 Employees will not be questioned concerning an investigation of disciplinary
action unless the employee has been given an opportunity to have a UNION
representative present at such questioning.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article 7.
Article 11. Constitutional Protection
Employees shall have the rights granted to all citizens by the United States and
Minnesota State Constitutions.
Article 12. Work Schedules
12.1 The normal work year is an average forty (40) hour work week for full time
employees to be accounted for by each employee Through:
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a. hours worked on assigned shifts;
b. holidays;
c. assigned training;
d. authorized leave time.
12.2 Nothing contained in this or any other Article shall be interpreted to be a
guarantee of a minimum or maximum number of hours the Employer may assign
employees.
Article 13. Overtime
13.1 Employees will be compensated at one and one-half(1-1/2) times the employees
regular base pay rate for hours worked in excess of the employee's regularly
scheduled shift. Changes of shifts do not qualify an employee for overtime under
this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by employees will for record purposes under Article 13.2 be
considered as unpaid overtime worked
13.4 For the purpose of computing overtime compensation overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the employee from so working.
Article 14. Court Time
An employee who is required to appear in Court during his scheduled off-duty time shall
receive a minimum of three (3)hours pay at one and one-half(1-1/2)times the
employee's base pay rate. If the court appearance is during the employee's off-duty time
and the court appearance is canceled, the employee will be notified by the end of the
business day preceding the court appearance. (Business Day ends at 5:00pm)
If notification of cancellation is not given by the end of the business day preceding the
court appearance, the employee will receive 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 Court appearance does not qualify the employee for the three (3) hour
minimum.
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Article 15. Call Back Time
An employee who is called to duty during the employee's scheduled off-duty time shall
receive a minimum of threc (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.
An employee who works extra-duty work (outside employment) during the employee's
scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half
( 1 '/2) times the employee's base pay rate.
Article 16. Working out of Classification
Employees assigned by the Employer to assume the full responsibilities and authority of a
higher job classification shall receive the salary schedule of the higher classification for
the duration of the assignment.
Article 17. Insurance
17.1 The Employer will contribute up to a maximum of three hundred seventy-eight
dollars ($378.00)per month per employee toward health, life and long-term
disability insurance, in accordance with the Employer's flexible benefit plan, for
employees choosing dependent coverage for calendar year 1999.
17.2 The Employer will contribute up to a maximum of two hundred thirty dollars
($230.00) per month per employee toward health, life and long-term disability
insurance, in accordance with the Employer's flexible benefit plan, for employees
choosing single coverage for calendar year 1999.
17.3 By mutual agreement each employee may use up to fifteen dollars ($15.00) per
month of health insurance dollars in 17.1 and 17.2 for group dental insurance
offered through the City, in accordance with the Employer's flexible benefit plan.
17.4 The Employer will provide group term life insurance with a maximum of
$25,000.00 per employee and additional accidental death and disability insurance
with a maximum of$25,000.00 per employee. Provided that the total City cost for
all insurance premiums does not exceed the amount set forth in this Article.
17.5 The Employer and the Union agree to renegotiate the provisions of this Article for
the year 2000.
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Article 18. Standby Pay
Employees required by the Employer to standby shall be paid for such standby time at the
rate of one hour's pay for each hour on standby.
Article 19. Uniforms
The Employer shall provide required uniform and equipment items.
Article 20. P.O.S.T. Training
20.1 The City shall assign training at City expense for Police Officers to complete 48
hours of P.O.S.T. Board approved education during each three year licensing
period.
20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all employees
required to maintain such license.
Article 21. Longevity and Educational Incentive
Effective July 1, 1978, the following terms and conditions are effective, except that
Employees hired after January 1, 1987, shall not be eligible for educational incentive.
21.1 After four (4)years of continuous employment each Employee shall choose to be
paid three percent (3%) of the Employee's base rate or supplementary pay based
on educational credits as outlined in 21.6 of this Article.
21.2 After eight (8)years of continuous employment each Employee shall choose to be
paid supplementary pay of five percent (5%) of the Employee's base rate or
supplementary pay based on educational credits as outlined 21.6 of this Article.
21.3 After twelve (12) years of continuous employment each Employee shall choose to
be paid supplementary pay of seven percent (7%) of the Employee's base rate or
supplementary pay based on educational credits as outlined in 21.6 of this Article.
21.4 After sixteen (16)years of continuous employment each Employee shall choose to
be paid supplementary pay of nine percent (9%) of the Employee's base rate or
supplementary pay based on educational credits as outlined in 21.6 of this Article.
21.5 Employees may choose supplementary pay either for length of service or for
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90-134 5%
135 - 179 7%
180 or more 9%
Not all courses are to be eligible for credit. Courses receiving qualifying credits must be
job related. (Thus, a four year degree is not automatically 180 credits - or two year
certificate is not automatically 90 credits.) Job-related courses plus those formally
required to enter such courses shall be counted. If Principles of Psychology (8 credits) is
required before talking Psychology of Police Work (3 credits), completion of those
courses would yield a total of eleven qualifying credits, C.E.U.'s (Continuing Education
Units) in job-related seminars, short courses, institutes, etc. shall also be counted.
The Employer shall determine which courses are job related. Disputes are grieveable
based on the criteria outlined in the award of Minnesota Bureau of Mediation Services
Case No. 78-PN-370-A.
Article 22. Wage Rates
22.1 The following hourly wage rates will apply for 1999:
Start $14.61
After six months $15.72
After one year $17.97
After two years $20.19
After three years $22.44
22.2 The following hourly wage rates will apply for 2000:
Start $15.04
After six months $16.19
After one year $18.50
After two years $20.79
After three years $23.11
22.3 Employees classified or assigned by the Employer to the following job
classifications or positions will receive one hundred eighty dollars ($180.00) per
month or one hundred eighty dollars ($180.00) pro-rated for less than a full month
in addition to their regular wage rate:
Investigative (detective)
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After two years $20.79 **Atteady .LL ted on pnev.i.ouz
After three years $23.11 page. f�
22.3 Employees classified or assigned by the Employer to the following job
� Y
classifications or positions will receive one hundred eighty dollars ($180.00) per
month or one hundred eighty dollars ($180.00) pro-rated for less than a full month
in addition to their regular wage rate:
investigative (detective)
School Resource Officer
Juvenile Officer
Dog Handler
Paramedic
22.4 Employees classified by the Employer to the following job classification will
receive two hundred thirty dollars ($230.00) per month or two hundred thirty
dollars ($230.00) pro-rated for less than a full month in addition to their regular
wage rate:
Corporal
22.5 An employee certified for and assigned to Field Training Officer(FTO) duties shall
receive a minimum of one hours pay at the overtime rate for each complete shift
worked as a Field Training Officer or compensatory time at time and one-half up to
the limit in Article 30.
Article 23. Legal Defense
23.1 Employees involved in litigation because of proven negligence, or non-observance,
or non-observance of laws, or of a personal nature, may not receive legal defense
by the municipality.
23.2 Any employee who is charged with a traffic violation, ordinance violation or
criminal offense arising from acts performed within the scope of his employment,
when such act is performed in good faith and under direct order of his supervisor,
shall be reimbursed for attorney's fees and court costs actually incurred by such
employee in defending against such charge.
23.3 Employer will provide protection for all Employees against false arrest charges.
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Article 24. Probationary Periods
All newly hired or rehired employees will serve a twelve (12) months probationary
period.
Article 25. Annual Leave
25.1 Each Employee shall be entitled to annual leave away from employment with pay;
Employees shall accrue annual leave based on an average eight (8) hour•work day.
Annual leave may be used for scheduled or emergency absences from employment.
Annual leave pay shall be computed at the regular rate of pay to which such an
employee is entitled; provided, however, that the amount of any compensation
shall be reduced by the payment received by the employee from workers'
compensation insurance, Public Employees Retirement Association disability
insurance, or Social Security disability insurance. An Employee's accumulation of
annual leave will be reduced only by the amount of annual leave for which the
Employee received compensation.
25.2 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 serve basis.
25.3 A beginning employee shall accrue annual leave at the rate of eighteen (18) days
(144 hours)per year for the first seven (7)years (84 successive months).
An employee who has worked seven (7) years (84 successive months) shall accrue
annual leave at the rate of twenty-four (24) days (192 hours) per year, beginning
with the eighty-fifth (85th) month of successive employment.
An employee who has worked fifteen (15) years (180 successive months) shall
accrue annual leave at the rate of twenty-six (26) days (208 hours) per year,
beginning with the one hundred eighty-first (181st) month of successive
employment.
These rates are based on a forty hour regular work week. The actual amount
credited to an employee in any given pay period shall be prorated according to the
actual number of regular hours worked during that pay period. Hours worked on
overtime, callback, or standby shall not enter into the calculation of the accrual of
annual leave.
25.4 Once a year, at a time designated by the City, an employee who has completed five
(5) years of service with the City, will have the opportunity to exchange up to forty
(40)hours of accumulated annual leave for cash.
25.5 An Employee who wishes to take advantage of the catch-up provision of the
I.C.M.A. Retirement Corporation may exchange as many days as desired for cash
under the following conditions:
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26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11)
holidays in a calendar year.
26.2 In addition to the eleven (11) holidays, Employees assigned to the Patrol Division
shall be paid at one and one-half(l-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.
26.3 Employees, with approval, may use accumulated Holiday leave time in any hourly
increment the employee chooses.
Article 27. Short Term Disability
27.1 Calculation of the short-term disability benefit shall be based on an average eight
(8) hour work day. Each employee who has successfully completed the employee's
probationary period shall be eligible for the short term disability benefit. Such an
employee shall be entitled to full pay commencing on the twenty-first (21st)
consecutive working day on which the employee is absent (after absence for 160
consecutive regularly scheduled working hours) due to a physician-certified illness
or injury off the job, and continuing until the employee returns to work able to
carry out the full duties and responsibilities of the employee's position or through
the one hundred and tenth (110th) working day (880t regularly scheduled working
hour) of absence, whichever occurs first. Such an employee shall also be entitled to
full pay commencing on the eleventh (11th) consecutive working day on which the
employee is absent (after absence for 80 consecutive regularly scheduled working
hours) due to a physician-certified illness or injury on the job and continuing until
the employee returns to work able to carry out the duties and responsibilities of the
employee's position or through the one hundredth (100th) working day (800th
regularly scheduled working hour) of absence, whichever occurs first. The amount
of any compensation for the short term disability benefit shall be reduced by any
payment received by the disabled employee from workers' compensation
insurance, Public Employees Retirement Association disability insurance, or Social
Security disability insurance. Payment of short term disability benefit by the City to
an employee shall not exceed ninety (90) working days (720 working hours) for
any single illness or injury, regardless of the number and spacing of episodes. The
annual leave balance of an employee receiving short term disability benefit shall
not be reduced, nor shall such employee accrue annual leave during that period.
27.2 Before any short term disability payments are made by the City to an employee, the
City 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 City also reserves
the right to have an examination made at any time of any employee claiming
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00238
payment received by the disabled employee from workers' compensation
insurance, Public Employees Retirement Association disability insurance, or Social
Security disability insurance. Payment of short term disability benefit by the City to
an employee shall not exceed ninety (90) working days (720 working hours) for
any single illness or injury, regardless of the number and spacing of episodes. The
annual leave balance of an employee receiving short term disability benefit shall
not be reduced, nor shall such employee accrue annual leave during that period.
27.2 Before any short term disability payments arc made by iht. City to an employee, the
City 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 City 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 City by any competent person designated by the City when the City
deems the same to be reasonably necessary to verify the illness or injury claimed.
27.3 If an employee hired before January 1, 1984, has received payments under the
injury-on-duty provisions of previous contracts, the number of days for which
payment was received will be deducted from the number of days of eligibility for
coverage under short term disability for that same injury.
Article 28. Funeral Pay
Funeral leave will be granted to full time employees up to a maximum of twenty -
four (24) scheduled hours. Funeral leave is granted in case of deaths occurring in
the immediate family. For this purpose immediate family is considered to be a
spouse, child, parent, grandparent, brother or sister, mother-in-law and father-in-
law.
Article 29. Jury Pay
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 30. Compensatory Time
Management reserves the right to approve compensatory time in lieu of overtime
pay. Compensatory time shall not be accumulated in excess of twenty-four (24)
hours, and must be used within the calendar year in which it was accumulated as
determined by the employer.
Article 31. Employee Education Program
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Article 31. Employee Education Program
31.1 The City will pay certain expenses for certain education courses based on the
following criteria.
a. The training course must have relevance to the employees' present or
anticipated career responsibilities. Attendance shall be at a City approved
institution. The course must be 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.
31.2 Programs Financial Policy
Financial assistance not to exceed the amount of two thousand nine hundred
twenty-five dollars ($2,925.00) per Employee per year will be extended to cover
the cost of tuition, required books or educational materials, and required fees
related to the course. Charges for student union membership, student health
coverage and other charges for which the student receives some item or services
other than actual instruction will not be paid. The City will pay 50% of the cost of
tuition in advance of the employee's actual participation in the course and the
employee shall pay 50% of the cost. Upon successful completion of the course, an
employee will be required to present to his Department Head 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, 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.
31.3 If the Employee satisfactorily completes the course, the Employee will be
reimbursed for the additional fifty percent (50%) of the tuition cost for which the
Employee obligated himself or herself in the approved application as well as for the
cost of any course required books, educational materials or fees. If the Employee
fails to satisfactorily complete the course, the Employee will not be reimbursed for
these costs.
31.4 The program will not reimburse the Employee for the hours the Employee spends
in class, only for the tuition.
31.5 Expenses for which the Employee is compensated under some other educational or
assistance program, such as the GI bill, will not be covered.
31.6 The City will not pay tuition or other costs for those courses which are used to
make the Employee eligible for additional salary.
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Article 32. Pay for Investigators or School Resource Officer
Employees receiving the one hundred eighty dollars ($180.00) per month differential pay
shall not be eligible for the overtime provisions of the contract applicable to Police
Officers, but they shall be eligible to receive overtime at time and one-half the Employee's
regular base rate of pay if the Employee is assigned by the Employer to work in excess of
the number of hours allowed by the Fair Labor Standards Act for the work period chosen
by the Employer in accordance with the special overtime exemptions for public safety
employees.
Article 33. BMS Case No. 85-PN-486-A, Issue 8
The City shall establish a minimum of two months between each shift change in the
rotation.
Article 34. Waiver
34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with the
provisions of this Agreement, are hereby superseded.
34.2 The parties mutually acknowledge that during the negotiations which resulted in
this Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any term or condition of employment not removed by law
from bargaining. All agreements and understandings arrived at by the parties are
set forth in writing in this Agreement for the stipulated duration of this Agreement.
The 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 by 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.
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Article 35. Duration
This Agreement shall be effective as of the first day of January, 1999, and shall remain in
full force and effect through the thirty-first day of December, 2000. In Witness whereof,
the parties hereto have executed this Agreement on this day of 1998.
FOR CITY OF FRIDLEY
.14,1/Z
William W. Burns, City Manager
FOR LAW ENFORCEMENT LABOR SERVICES, INC
C arles Bengtson usiness Agent
K rt orse, Steward
I hereby recommend approval of this agreement.
or �
dFr i
,j10,, . Resources Manager
David H. Sallman, Public Safety Director
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